September 20, 2006, Introduced by Reps. Kooiman, Stahl and Pastor and referred to the Committee on Family and Children Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 57f and 57g (MCL 400.57f and 400.57g), as
amended by 2001 PA 280; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
57f. (1) The family independence agency department
shall
enter into an agreement with the department of career
development
labor and economic growth in order to facilitate the
administration
of work first. The family independence agency
department shall make information on the program available to the
legislature.
(2) Except as otherwise provided in subsection (3), every
member of a family independence assistance group shall be referred
to and shall participate in work first. The particular activities
in which the recipient is required or authorized to participate,
the number of hours of work required, and other details of work
first
shall be developed by the department of
career development
labor
and economic growth and the family
independence agency
department and shall be set forth in the recipient's social
contract. If a recipient has cooperated with work first, the
recipient may enroll in a program approved by the local workforce
development board. Any and all training or education with the
exception of high school completion and GED preparation must be
occupationally relevant and in demand in the labor market as
determined by the local workforce development board and may be no
more than 2 years in duration. Participants must make satisfactory
progress while in training or education.
(3) The following individuals are exempt from participation in
work first:
(a) A child under the age of 16.
(b) A child aged 16 or older, or a minor parent, who is
attending elementary or secondary school full-time.
(c) The
Until September 30, 2009,
the parent of a child
under
the age of 3 months. The family independence agency
department may require a parent exempted from participation in work
first under this subdivision to participate in family services,
including, but not limited to, instruction in parenting, nutrition,
and child development beginning 6 weeks after the birth of his or
her child until the child is 3 months old as fulfillment of that
parent's social contract obligation under section 57e(1)(c).
(d) An individual aged 65 or older.
(e) A
Until September 30, 2009, a recipient of supplemental
security income.
(f) An
Until September 30, 2009, an
individual who meets 1
or more of the following criteria to the extent that the
individual, based on medical evidence and an assessment of need by
the family
independence agency department, is severely restricted
in his or her ability to participate in employment or training
activities:
(i) A recipient of social security disability, or medical
assistance due to disability or blindness.
(ii) An individual suffering from a physical or mental
impairment that meets federal supplemental security income
disability standards, except that no minimum duration is required.
(iii) The spouse of an individual described in subparagraph (i)
or (ii) who is the full-time caregiver of that individual.
(iv) A parent or caretaker of a child who is suffering from a
physical or mental impairment that meets the federal supplemental
security income disability standards, except that no minimum
duration is required.
(4) In addition to those individuals exempt under subsection
(3),
the family independence agency department may grant a
temporary exemption from participation in work first, not to exceed
90 days, to an individual who is suffering from a documented short-
term mental or physical illness, limitation, or disability that
severely restricts his or her ability to participate in employment
or training activities. An individual with a documented mental or
physical illness, limitation, or disability that does not severely
restrict his or her ability to participate in employment or
training activities shall be required to participate in work first
at a medically permissible level.
(5) An individual is not disabled for purposes of this section
if substance abuse is a contributing factor material to the
determination of disability.
Sec.
57g. (1) The family independence agency department
shall develop a system of penalties to be imposed if a recipient
fails to comply with applicable rules or the provisions of this
section. Penalties may be cumulative and may include reduction of
the grant, removal of an individual from the family independence
assistance group, and termination of assistance to the family.
(2) A penalty shall not be imposed if the recipient has
demonstrated that there was good cause for failing to comply. The
family
independence agency department
shall determine the
circumstances that constitute good cause based on factors that are
beyond the control of a recipient.
(3) Recipients who are willing to participate in activities
leading to self-sufficiency but who require child care or
transportation in order to participate shall not be penalized if
the family
independence agency department
determines that child
care or transportation is not reasonably available or provided to
them.
(4) The
Until September 30, 2009,
the system of penalties
developed under subsection (1) shall include both of the following:
(a) Family independence program benefits shall be terminated
if a recipient fails, without good cause, to comply with applicable
child support requirements including efforts to establish paternity
and obtain child support. The assistance group is ineligible for
family independence program assistance for not less than 1 calendar
month. After assistance has been terminated for not less than 1
calendar month, assistance may be restored if the noncompliant
recipient complies with child support requirements including the
action to establish paternity and obtain child support.
(b) For any instance of noncompliance, before determining that
a
penalty shall be imposed, the family independence agency
department shall determine if good cause for noncompliance exists.
The family
independence agency department
shall notify the
recipient that he or she has 10 days to demonstrate good cause for
noncompliance. If good cause is not determined to exist, assistance
shall be terminated. After termination, the assistance group is
ineligible for family independence program assistance for not less
than 1 calendar month.
(5) For
Until September 30, 2009,
for the purposes of this
section, "noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or for absenteeism
without good cause.
(c) A recipient voluntarily reduces the hours of employment or
otherwise reduces earnings.
(d) A recipient does not participate in work first activities.
(6) If
Until September 30, 2009, if
a recipient does not
meet the recipient's individual social contract requirements, the
family
independence agency department
may impose a penalty.
(7) After
Until September 30, 2009,
after termination for
noncompliance, the assistance group is ineligible for family
independence program assistance for not less than 1 calendar month.
After assistance has been terminated for not less than 1 calendar
month, family independence program assistance may be approved if
the recipient completes a willingness to comply test. For purposes
of this section, "willingness to comply" means participating in
work first or other self-sufficiency activities for up to 40 hours
within
10 working days. At the time any a
penalty is imposed
under
this section, the family independence agency department
shall provide the recipient written notice of his or her option to
immediately reapply for family independence program benefits and
that he or she may complete a "willingness to comply test" during
the penalty period.
(8)
The family independence agency department shall submit a
report
for the period between February 1
, 2002 and December 31
,
2002 each year to the legislature, the house and senate fiscal
agencies, and the appropriate house and senate standing committees
that handle family and children's issues, that contains all of the
following information for that time period:
(a) The number of sanctions imposed and reapplications made.
(b) The number of family independence program cases reopened.
(c) The number of referrals to emergency shelters by the
department.
(d) The number of sanctions imposed on families with at least
1 disabled parent.
(e) The number of sanctions imposed on families with disabled
children.
Enacting section 1. Section 14i of the social welfare act,
1939 PA 280, MCL 400.14i, is repealed.