HB-4041, As Passed House, June 2, 2015HB-4041, As Passed Senate, May 26, 2015

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4041

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.

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~~ criteria 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) Except as provided in subsection (7) and beginning after

the date on which the department implements the policy described in

subsection (7), 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.

Except as provided in subsection (7) and beginning after the date

on which the department implements the policy described in

subsection (7), 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 306, MCL 24.201 to

24.328.

(7) Not later than 1 year after the effective date of the

amendatory act that added this subsection, the department shall

implement a policy that it must follow before terminating a family

independence program assistance group from receiving family

independence program assistance as provided in subsection (6) or

before removing a child from the program group as provided in

subsection (6). The department shall apply the policy described in

this subsection before removing a family independence program

assistance group from receiving family independence program

assistance as described in subsection (6) and before removing a

child from a family independence program assistance group as

described in subsection (6).