HB-5512, As Passed House, December 10, 2014HB-5512, As Passed Senate, December 10, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5512

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 57 and 57g (MCL 400.57 and 400.57g), as

amended by 2011 PA 131.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 57. (1) As used in this section and sections 57a to

~~57u:~~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 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.

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 and a full-time high school student.

(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 program assistance" means financial

assistance provided to a family under the family independence

program.

(f) "Family independence program assistance group" means all

those members of a program group who receive family independence

program assistance.

(g) "Family independence program" means the program of

financial assistance established under section 57a.

(h) "Family self-sufficiency plan" means a document described

in section 57e that is executed by a family in return for receiving

family independence program assistance.

(i) "JET program" means the jobs, education and training

program administered by the Michigan economic development

corporation or a successor entity for applicants and recipients of

family independence program assistance or a successor program. A

reference to the JET program means the PATH program.

(j) "Medical review team" means the team composed of a

disability examiner and a physician as a medical consultant who

certifies disability for the purpose of eligibility for assistance

under this act.

(k) "Negative action period" means the time frame a client is

given notice for a benefit decrease or closure of the family

independence program benefit.

(l) "Minor parent" means an individual under the age of 18 who

is not emancipated under 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.

(m) "PATH program" means the PATH: partnership.

accountability. training. hope. work partnership program.

(n) ~~(m)~~ "Payment standard" means the standard upon which

family independence program assistance benefits are based.

(o) ~~(n)~~ "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 program assistance.

(p) ~~(o)~~ "Recipient" means an individual receiving family

independence program assistance.

(q) ~~(p)~~ "Substance abuse" means that term as defined in

section ~~6107 of the public health code, 1978 PA 368, MCL~~

~~333.6107.~~100d of the mental health code, 1974 PA 258, MCL

330.1100d.

(r) ~~(q)~~ "Substance abuse treatment" means outpatient or

inpatient services or participation in alcoholics anonymous or a

similar program.

(s) ~~(r)~~ "Supplemental security income" means the program of

supplemental security income provided under title XVI.

(2) A reference in this act to "aid to dependent children" or

"aid to families with dependent children" means "family

independence program assistance".

Sec. 57g. (1) Except as provided in subsection (5), if a

recipient does not meet his or her individual family self-

sufficiency plan requirements and is therefore noncompliant, the

department shall impose the penalties described under this section.

The department shall implement a schedule of penalties for

instances of noncompliance as described in this subsection. The

penalties shall be as follows:

(a) For the first instance of noncompliance, the family is

ineligible to receive family independence program assistance for

not less than 3 calendar months.

(b) For the second instance of noncompliance, the family is

ineligible to receive family independence program assistance for

not less than 6 calendar months.

permanently ineligible to receive family independence program

assistance.

(2) For the purposes of subsections (1) to (4),

"noncompliance" means 1 or more of the following:

(a) A recipient quits a job.

(b) A recipient is fired for misconduct or absenteeism.

earnings.

(d) A recipient refuses a bona fide offer of employment or

additional hours up to 40 hours per week.

(e) A recipient does not participate in ~~JET~~ PATH program

activities.

(f) A recipient is noncompliant with his or her family self-

sufficiency plan.

(g) A recipient states orally or in writing his or her intent

not to comply with family independence program or ~~JET~~ PATH program

requirements.

(h) A recipient refuses employment support services if the

refusal prevents participation in an employment or self-sufficiency

related activity.

(3) For any instance of noncompliance, the recipient shall

receive notice of the noncompliance. The recipient shall have not

less than a 12-day negative action period before the penalties

prescribed in this section are imposed. If the recipient

demonstrates good cause for the noncompliance during this period

and if the family independence specialist caseworker and the ~~JET~~

PATH program caseworker agree that good cause exists for the

recipient's noncompliance, a penalty shall not be imposed. For the

purpose of this subsection, good cause is 1 or more of the

following:

(a) The recipient suffers from a temporary debilitating

illness or injury or an immediate family member has a debilitating

illness or injury and the recipient is needed in the home to care

for the family member.

(b) The recipient lacks child care as described in section

407(e)(2) of the personal responsibility and work opportunity

reconciliation act of 1996, ~~Public Law 104-193,~~ 42 USC

~~607(e)(2).~~607.

2 hours per day or is more than 3 hours per day when there are

unique and compelling circumstances, such as a salary at least

twice the applicable minimum wage or the job is the only available

job placement within a 3-hour commute per day, not including the

time necessary to transport a child to child care facilities.

(d) Transportation is not available to the recipient at a

reasonable cost.

(e) The employment or participation involves illegal

activities.

(f) The recipient is physically or mentally unfit to perform

the job, as documented by medical evidence or by reliable

information from other sources.

(g) The recipient is illegally discriminated against on the

basis of age, race, disability, gender, color, national origin, or

religious beliefs.

(h) Credible information or evidence establishes 1 or more

unplanned or unexpected events or factors that reasonably could be

expected to prevent, or significantly interfere with, the

recipient's compliance with employment and training requirements.

(i) The recipient quit employment to obtain comparable

employment.

(4) For all instances of noncompliance resulting in

termination of family independence program assistance for any

period of time described in subsection (1), the period of time the

recipient is ineligible to receive family independence program

assistance applies toward the recipient's 48-month cumulative

lifetime total.

(5) Family independence program assistance benefits shall be

denied or terminated if a recipient fails, without good cause, to

comply with applicable child support requirements including efforts

to establish paternity, and assign or obtain child support. The

family independence program assistance group is ineligible for

family independence program assistance for not less than 1 calendar

month. After family independence program assistance has been

terminated for not less than 1 calendar month, family independence

program assistance may be restored if the noncompliant recipient

complies with child support requirements including the action to

establish paternity and obtain child support. As used in this

subsection, "good cause" includes an instance in which efforts to

establish paternity or assign or obtain child support would harm

the child or in which there is danger of physical or emotional harm

to the child or the recipient.

~~(6) The department may promulgate rules in accordance with the~~

~~administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to~~

~~24.328, identifying other reasons for good cause under this~~

~~section. Any rule promulgated under this subsection shall not apply~~

~~1 year after the effective date of the amendatory act that added~~

~~this subsection.~~

Enacting section 1. This amendatory act takes effect January

1, 2016.