September 20, 2006, Introduced by Reps. Stahl, Kooiman 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 57, 57d, and 57e (MCL 400.57, 400.57d, and
400.57e), section 57 as added by 1995 PA 223, section 57d as
amended by 2005 PA 323, and section 57e as amended by 2001 PA 280.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
57d. (1) The department and the department of labor and
economic
growth shall conduct joint orientation sessions for family
independence
assistance applicants no less frequently than weekly.
After the department makes an initial determination that an adult
or a child aged 16 or older who is not attending elementary or
secondary school full-time is eligible for family independence
program assistance and is not exempt from work first participation,
that
individual shall attend a joint an orientation session with
the Michigan works agency as a condition of eligibility before
receipt of family independence program assistance. After completion
of
the orientation, the individual , the department, and a
work
first representative
caseworker shall develop the family's
family
self-sufficiency personal
work plan in accordance with
section
57e subsection (7).
(2) If the individual fails to cooperate with the work first
program or other required employment and training activities, the
work first caseworker notifies the department and the family is
ineligible for family independence program assistance.
(3) The department shall impose penalties under section 57g if
the individual fails to comply with any of the following:
(a) Work first activities.
(b) Employment and training activities.
(c) Child support requirements.
(4) The department shall impose penalties under section 57g if
the
individual fails to comply with the individual's family self-
sufficiency
plan's personal
responsibility plan or personal work
plan requirements.
(5)
If the individual is complying with the
family self-
sufficiency
personal responsibility plan
and personal work plan,
the
department, a work first representative caseworker, and the
recipient
shall revise the family self-sufficiency personal
responsibility plan or personal work plan if necessary and the
family independence assistance program group shall continue to
receive
family independence program assistance
so as long
as the
recipients
meet family independence program assistance
program
requirements.
(6) The department shall reassess the recipient's eligibility
for family independence program assistance not later than 24 months
after the date the application for family independence program
assistance was approved. At the time of a reassessment under this
subsection, the recipient shall meet with his or her department
caseworker
and work first program caseworker and redevelop the
family
self-sufficiency personal responsibility
plan and personal
work plan.
(7) A personal work plan shall be developed by each recipient
referred to the work first program and the work first caseworker
after the initial work first program evaluation and assessment by
the work first caseworker. The personal work plan shall be approved
by the department. The personal work plan shall outline the
recipient's employment goals and the steps necessary to achieve
those goals. The personal work plan shall include a timeline within
which those goals outlined in the personal work plan shall be met.
The personal work plan shall outline the responsibilities of the
recipient and the Michigan works agency.
(8) The personal work plan shall be reviewed by the recipient
and the work first caseworker not later than 90 days after its
development and not later than 12 months after the initial review.
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.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No._____ or House Bill No. 6580(request no.
05677'06).
(b) Senate Bill No._____ or House Bill No. 6581(request no.
05678'06).
(c) Senate Bill No._____ or House Bill No. 6583(request no.
05679'06).
(d) Senate Bill No._____ or House Bill No. 6584(request no.
05680'06).
(e) Senate Bill No._____ or House Bill No. 6587(request no.
05681'06).
(f) Senate Bill No._____ or House Bill No. 6585(request no.
05683'06).