May 1, 2014, Introduced by Rep. Kurtz and referred to the Committee on Families, Children, and Seniors.
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.
(c) "Child" means an individual who is not emancipated under
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.
(c) For the third instance of noncompliance, the family is
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.
(c) A recipient voluntarily reduces employment hours or
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).
(c) Either employment or training commuting time is more than
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.
(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.