March 7, 2013, Introduced by Reps. Pscholka, Kelly, Somerville, Haveman, Heise, Johnson, Farrington, Poleski, Jenkins, Rendon, Lori, Forlini, Bumstead, Graves, Schmidt, Daley, Shirkey, Cotter, Franz, MacGregor and Foster and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 57b (MCL 400.57b), as amended by 2011 PA 131.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(c) In the case of a minor parent, meets the requirements of
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 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 program and a referral to the JET program.
(b) A determination that the recipient is exempt from JET
program participation under section 57f and a referral to a
sheltered work environment or subsidized employment.
(c) A determination that the recipient is exempt from JET
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 is not in compliance with compulsory school
attendance required under 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 is not in compliance with
compulsory school attendance required under 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 306, MCL 24.201
to 24.328.