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 14i, 57, 57a, and 57e (MCL 400.14i, 400.57,
400.57a, and 400.57e), section 14i as amended by 2005 PA 333,
section 57 as added by 1995 PA 223, section 57a as amended by 1999
PA 26, and section 57e as amended by 2001 PA 280, and by adding
section 57w.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14i. Sections 57f(3)(c), (e), and (f) and 57g(4), (5),
(6),
and (7) do not apply after December 31, 2006 September 30,
2009.
Sec.
57. (1) As used in this section and sections 57a to 57g
57v:
(a) "Adult-supervised household" means either of the
following:
(i) The place of residence of a parent, stepparent, or legal
guardian of a minor parent.
(ii) A living arrangement not described in subparagraph (i) that
the family
independence agency department
approves as a family
setting that provides care and control of a minor parent and his or
her child and supportive services including, but not limited to,
counseling, guidance, or supervision.
(b) "Caretaker" means an individual who is acting as parent
for a child in the absence or because of the disability of the
child's parent or stepparent and who is the child's legal guardian,
grandparent, great grandparent, great-great grandparent, sibling,
stepsibling, aunt, great aunt, great-great aunt, uncle, great
uncle, great-great uncle, nephew, niece, first cousin, or first
cousin once-removed, a spouse of any person listed above, a parent
of the putative father, or an unrelated individual aged 21 or older
whose appointment as legal guardian of the child is pending.
(c)
"Child" means an individual who is not emancipated under
Act
No. 293 of the Public Acts of 1968, being sections 722.1 to
722.6
of the Michigan Compiled Laws 1968
PA 293, MCL 722.1 to
722.6, who lives with a parent or caretaker, and who is either of
the following:
(i) Under the age of 18.
(ii) Age 18 or 19, a full-time high school student, and
reasonably expected to graduate from high school before the age of
20.
(d) "Family" means 1 or more of the following:
(i) A household consisting of a child and either of the
following:
(A) A parent or stepparent of the child.
(B) A caretaker of the child.
(ii) A pregnant woman.
(iii) A parent of a child in foster care.
(e) "Family independence assistance" means financial
assistance provided to a family under the family independence
program.
(f) "Family independence assistance group" means all those
members of a program group who receive family independence
assistance.
(g) "Family independence program" means the program of
financial assistance established under section 57a.
(h) "Minor parent" means an individual under the age of 18 who
is
not emancipated under Act No. 293 of the Public Acts of 1968
1968 PA 293, MCL 722.1 to 722.6, and who is either the biological
parent of a child living in the same household or a pregnant woman.
(i) "Payment standard" means the standard upon which family
independence program benefits are based if the family independence
assistance group has no net income.
(j) "Personal responsibility plan" means a document described
in section 57e that is executed by a family in return for receiving
family independence assistance.
(k) "Personal work plan" means a document described in section
57d that is executed by a work first program participant in return
for receiving family independence assistance.
(l) (j)
"Program group" means a family and all
those
individuals living with a family whose income and assets are
considered for purposes of determining financial eligibility for
family independence assistance.
(m) (k)
"Recipient" means an individual receiving
family
independence assistance.
(l) "Social contract" means a document
described in section 57e
that
is executed by a family in return for the receipt of family
independence
assistance.
(n) (m)
"Substance abuse" means that term as
defined in
section
6107 of the public health code, Act No. 368 of the Public
Acts
of 1978, being section 333.6107 of the Michigan Compiled Laws
1978 PA 368, MCL 333.6107.
(o) (n)
"Substance abuse treatment" means
outpatient or
inpatient services or participation in alcoholics anonymous or a
similar program.
(p) "Supplemental security income" means the program of
supplemental security income provided under title XVI.
(q) (o)
"Work first" means the program of
employment and
training
administered by the Michigan jobs commission department
of labor and economic growth for applicants and recipients of
family independence assistance.
(2) A reference in this act to "aid to dependent children" or
"aid to families with dependent children" means "family
independence program assistance".
Sec.
57a. (1) The family independence agency department
shall establish and administer the family independence program to
provide assistance to families who are making efforts to achieve
independence.
(2)
The family independence agency department shall
administer the family independence program to accomplish all of the
following:
(a) Provide financial support to eligible families while they
pursue self-improvement activities and engage in efforts to become
financially independent.
(b) Ensure that recipients who are minor parents live in
adult-supervised households in order to reduce long-term dependency
on financial assistance.
(c) Assist families in determining and overcoming the barriers
preventing them from achieving financial independence.
(d) Ensure that families pursue other sources of support
available to them.
(3)
The family independence agency department shall
establish income and asset levels for eligibility, types of income
and assets to be considered in making eligibility determinations,
payment standards, composition of the program group and the family
independence assistance group, program budgeting and accounting
methods, and client reporting requirements to meet the following
goals:
(a) Efficient, fair, cost-effective administration of the
family independence program.
(b) Provision of family independence assistance to families
willing to work toward eventual self-sufficiency.
(4) At the time the department determines that an individual
is eligible to receive family independence assistance under this
act, the department shall determine whether that individual is
eligible to participate in the work first program or if the
individual is exempt from work first participation under section
57f. If the department determines that an individual is eligible to
participate in the work first program, family independence
assistance shall be paid to that individual for not longer than a
cumulative total of 48 months during that individual's lifetime.
Any month in which the unemployment rate in the county in which the
individual resides is higher than 10% shall not be counted toward
the cumulative total of 48 months in a lifetime for family
independence assistance. Any month in which an individual is
temporarily exempted from work first participation shall not be
counted toward the cumulative total of 48 months in a lifetime for
family independence assistance. If the recipient is meeting all the
requirements outlined in his or her personal responsibility plan
and personal work plan, has never received a penalty under section
57g, and labor market conditions or employment barriers prevent
employment placement, a recipient may apply to the department for
an extension of family independence assistance benefits for a
period not to exceed 12 months over the 48-month cumulative
lifetime total. Nothing in this subsection shall prevent the
department from providing assistance to individuals who are
determined to be exempt under section 57f(3) or 56i(1)(c).
(5) Not later than 30 days after the effective date of the
amendatory act that added this subsection, the department shall
determine the number of months each family independence assistance
recipient who is not exempt from work first participation under
section 57f has received family independence assistance. If the
department determines that a family independence assistance
recipient has received family independence assistance for a
cumulative total of 35 months or less as of the effective date of
the amendatory act that added this subsection, the 48-month
cumulative lifetime total described in subsection (4) applies to
that recipient. If the department determines that a family
independence assistance recipient has received family independence
assistance for a cumulative total of 36 months or more as of the
effective date of the amendatory act that added this subsection,
that recipient is required to meet with a department worker and
work first caseworker within 90 days after the effective date of
the amendatory act that added this subsection. At the time of the
meeting required in this subsection, a new personal work plan shall
be developed. Not later than 15 months after the effective date of
the amendatory act that added this subsection, if a recipient has
had the meeting required under this subsection and is meeting all
the requirements outlined in his or her personal work plan but
labor market conditions or employment barriers prevent employment
placement, the recipient may apply to the department for an
extension of family independence assistance benefits for a period
not to exceed 12 months. Nothing in this subsection shall prevent
the department from providing assistance to individuals who are
determined to be exempt under section 57f(3) or 56i(1)(c).
(6) (4)
Not later than October 1, 2001, the family
independence
agency department shall implement an automated finger
imaging system designed to prevent an individual from receiving
cash assistance, food stamps, or both under more than 1 name.
Beginning at the effective date of the establishment and
implementation of the finger imaging system, an individual applying
for
cash assistance, food stamps, or both must provide the family
independence
agency department with an automated finger image or
images as a condition of eligibility. Finger imaging obtained
pursuant
to under this subsection shall be used only for the
purposes of reducing fraud in obtaining public benefits or
assistance under this act.
(7) (5)
The family independence agency department shall
establish the automated finger image system that, at a minimum,
includes the following:
(a) Confidentiality of the automated finger image records
taken pursuant
according to this section.
(b) A system for administrative appeal of a matter relating to
the taking or verification of an individual's automated finger
image.
(c) A requirement to exempt children from providing the
automated finger image unless there is a reasonable suspicion that
the family group is committing fraud. For the purpose of this
subdivision, "family group" means a family and all those
individuals living with a family who apply for or receive cash
assistance, food stamps, or both.
(d) A requirement to exempt individuals from whom the
automated finger image technology is unable to obtain an accurate
finger image.
(e) A requirement to exempt patients placed in nursing homes
from providing the automated finger image.
(f) In addition to the population groups named in subdivisions
(c), (d), and (e), authority to exempt certain other population
groups from providing the automated finger image including, but not
limited to, homebound recipients.
(8) (6)
The family independence agency department shall
remove an individual's finger image from the department's file if
the individual has not received benefits or assistance from the
family
independence agency department
within the previous 12
months.
(9) (7)
The family independence agency department may
negotiate and enter into a compact or reciprocal agreement with
another state department, the federal government, an agency of the
federal government, or an agency of another state for the purpose
of implementing and administering the finger imaging provisions of
this section as long as the compact or reciprocal agreement is not
inconsistent with the limitations of use and access contained in
subsection (4)
(6).
(10) (8)
The family independence agency department shall
conduct semi-annual
semiannual security reviews to monitor the
automated finger imaging system to insure that all of the following
occur:
(a) All records maintained as part of the system are accurate
and complete.
(b) Effective software and hardware designs have been
instituted with security features to prevent unauthorized access to
records.
(c) Access to record information is restricted to authorized
personnel.
(d) System and operational programs are used that will
prohibit inquiry, record updates, or destruction of records from a
terminal other than automated finger imaging system terminals that
are designated to permit inquiry, record updates, or destruction of
records.
(e) System and operational programs are used to detect and
report all unauthorized attempts to penetrate an automated finger
imaging system, program, or file.
(11) (9)
Beginning December 31 of the first year the
automated finger imaging system has been fully implemented, the
family
independence agency department
shall compile and report
annually to the senate and house committees having jurisdiction
over family
independence agency department
matters the following
information concerning the operation of the automated finger
imaging system:
(a) An analysis of the costs and savings of the system
including, but not limited to, administrative costs, operation
costs, and actual savings due to confirmed fraud and fraud
deterrence.
(b) The number of individuals who have applied for assistance
under more than 1 name.
(c) The number of individuals refusing to provide a finger
image and the reasons for the refusal.
(d) A detailed summary of the results of reviews required by
subsection (8)
(10).
(12) (10)
Except as necessary to carry out a compact or
agreement
under subsection (7) (9)
or unless otherwise required
by
law, the family independence agency department shall not sell,
transfer, or release information identifying an individual named in
the automated finger imaging system record to a third person,
including, but not limited to, another state department or agency.
(13) (11)
A person shall not disclose information from the
automated finger imaging system record in a manner that is not
authorized
by law or rule. A violation of person who violates
this subsection is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(14) (12)
At the time an individual applies for cash
assistance,
food stamps, or both, the family independence agency
department shall inform the individual of all of the following:
(a) The requirement to allow the department to take a finger
image from the individual.
(b) The fact that the finger image may be compared to the
finger images of other benefit recipients to prevent duplicate
participation.
(c) The fact that the department is prohibited by law from
using the finger image for a different purpose.
Sec. 57e. (1) Each family receiving family independence
assistance
shall execute a social contract personal
responsibility plan outlining the responsibilities of members of
the family independence program assistance group, the contractual
nature of family independence program assistance, and the focus on
the
goal of attaining self-sufficiency. The social
contract
personal
responsibility plan shall be developed jointly
by the
family
independence agency department
and the adult family members
and
of the family independence
assistance program group. The
department shall complete a thorough assessment to facilitate
development of the personal responsibility plan, including
consideration of referral to a life skills program, and
determination as to whether the family independence assistance
program group's adult members are eligible to participate in the
work first program or are exempt from work first participation
under section 57g. The personal responsibility plan shall identify
compliance goals that are to be met by members of the family
independence assistance program group and goals and
responsibilities of the members of the family independence
assistance program group, the department, and the work first
program. The social contract personal responsibility plan shall
reflect the individual needs and abilities of the particular
family, and shall include at least all of the following:
(a) The obligation of each adult and each child aged 16 or
older who is not attending elementary or secondary school full-time
to participate in the work first program unless exempt under
section 57f.
(b) The obligation of each minor parent who has not completed
secondary school to attend school.
(c) Except as provided in section 57f(3), the obligation of
each adult to engage in employment, work first activities,
education or training, community service activities, or self-
improvement
activities, as determined appropriate by the family
independence
agency, up to 40 hours per week department.
(d) The obligation to cooperate in the establishment of
paternity and the procurement of child support, if applicable.
(e) The obligation of a recipient who fails to comply with
compliance goals due to substance abuse to participate in substance
abuse treatment and submit to any periodic drug testing required by
the treatment program.
(f)
Any other obligation the family independence agency
department determines is necessary to enable the family to achieve
independence.
(2)
The family independence agency department shall monitor
each
family's compliance with the social contract personal
responsibility plan.
Sec. 57w. If a recipient requests a redetermination or to be
exempt from participation in work first under section 57f, the
department shall evaluate the individual with a work first
caseworker to determine whether the recipient is eligible to
participate in other activities as set forth in section 57e.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6578(request no.
05674'06) of the 93rd Legislature is enacted into law.