HB-4388, As Passed House, May 1, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4388

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 57 and 57b (MCL 400.57 and 400.57b), 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:

(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.

Beginning January 1, 2013, 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. 57b. (1) An individual who meets all of the following

requirements is eligible for family independence program

assistance:

(a) Is a member of a family or a family independence program

assistance group.

(b) Is a member of a program group whose income and assets are

less than the income and asset limits set by the department.

subsection (2).

(d) Is a United States citizen, a permanent resident alien, or

a refugee. If the applicant indicates that he or she is not a

United States citizen, the department shall verify the applicant's

immigration status using the federal systematic alien verification

for entitlements (SAVE) program.

(e) Is a resident of this state as described in section 32.

(f) Meets any other eligibility criterion required for the

receipt of federal or state funds or determined by the department

to be necessary for the accomplishment of the goals of the family

independence program.

(g) Is a member of a program group that meets the requirements

of subsection (6).

(2) A minor parent and the minor parent's child shall not

receive family independence program assistance unless they live in

an adult-supervised household. The family independence program

assistance shall be paid on behalf of the minor parent and child to

an adult in the adult-supervised household. Child care in

conjunction with participation in education, employment readiness,

training, or employment programs, that have been approved by the

department, shall be provided for the minor parent's child. The

minor parent and child shall live with the minor parent's parent,

stepparent, or legal guardian unless the department determines that

there is good cause for not requiring the minor parent and child to

live with a parent, stepparent, or legal guardian. The department

shall determine the circumstances that constitute good cause, based

on a parent's, stepparent's, or guardian's unavailability or

unwillingness or based on a reasonable belief that there is

physical, sexual, or substance abuse, or domestic violence,

occurring in the household, or that there is other risk to the

physical or emotional health or safety of the minor parent or

child. If the department determines that there is good cause for

not requiring a minor parent to live with a parent, stepparent, or

legal guardian, the minor parent and child shall live in another

adult-supervised household. A local office director may waive the

requirement set forth in this subsection with respect to a minor

parent who is at least 17 years of age, attending secondary school

full-time, and participating in a department service plan or a teen

parenting program, if moving would require the minor parent to

change schools.

(3) If a recipient who is otherwise eligible for family

independence program assistance under this section is currently

applying for supplemental security income and seeking exemption

from the ~~JET~~ PATH program, the recipient shall be evaluated and

assessed as provided in this section before a family self-

sufficiency plan is developed under section 57e. Based on a report

resulting from the evaluation and assessment, the caseworker shall

make a determination and referral as follows:

(a) A determination that the recipient is eligible to

participate in the ~~JET~~ PATH program and a referral to the ~~JET~~ PATH

program.

(b) A determination that the recipient is exempt from ~~JET~~ PATH

program participation under section 57f and a referral to a

sheltered work environment or subsidized employment.

program participation under section 57f and a referral for

supplemental security income advocacy.

(4) The department may contract with a legal services

organization to assist recipients with the process for applying for

supplemental security income. The department may also contract with

a nonprofit rehabilitation organization to perform the evaluation

and assessment described under subsection (3). If the department

contracts with either a nonprofit legal or rehabilitation services

organization, uniform contracts shall be used statewide that

include, but are not limited to, uniform rates and performance

measures.

(5) The auditor general shall conduct an annual audit of the

evaluation and assessment process required under this section and

submit a report of his or her findings to the legislature.

(6) A family independence program assistance group shall not

receive family independence program assistance if a member of the

program group does not meet the attendance requirements of section

1561 of the revised school code, 1976 PA 451, MCL 380.1561, with

respect to a child under the age of 16. If a member of the program

group does not meet the attendance requirements of section 1561 of

the revised school code, 1976 PA 451, MCL 380.1561, with respect to

a child age 16 and above, the child shall be removed from the

program group. The department shall implement policies in

accordance with this subsection that are effective and binding on

all program groups and are exempt from the rule promulgation

requirements of the administrative procedures act of 1969, 1969 PA