HOUSE BILL No. 5461 November 29, 2001, Introduced by Rep. Hart and referred to the Committee on Family and Children Services. A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57d, 57e, 57f, and 57g (MCL 400.57d, 400.57e, 400.57f, and 400.57g), as added by 1995 PA 223, and by adding section 14h. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 14H. (1) THE FAMILY INDEPENDENCE AGENCY SHALL USE AN 2 ELECTRONIC BENEFIT TRANSFER SYSTEM FOR FOOD STAMP DISTRIBUTION. 3 (2) TO THE EXTENT THAT RULES OR PARTS OF RULES PROMULGATED 4 UNDER THIS ACT CONFLICT WITH THE PROVISIONS OF THIS SECTION, THE 5 PROVISIONS OF THIS SECTION SUPERSEDE THOSE RULES OR PARTS OF 6 RULES. 7 (3) THE FOLLOWING RULES ARE RESCINDED: 8 (A) R 400.3002 OF THE MICHIGAN ADMINISTRATIVE CODE. H02965'01 * LTB 2 1 (B) R 400.3003 OF THE MICHIGAN ADMINISTRATIVE CODE. 2 (C) R 400.3004 OF THE MICHIGAN ADMINISTRATIVE CODE. 3 (D) R 400.3007 OF THE MICHIGAN ADMINISTRATIVE CODE. 4 (E) R 400.3008 OF THE MICHIGAN ADMINISTRATIVE CODE. 5 (F) R 400.3012 OF THE MICHIGAN ADMINISTRATIVE CODE. 6 (G) R 400.3013 OF THE MICHIGAN ADMINISTRATIVE CODE. 7 (H) R 400.3125 OF THE MICHIGAN ADMINISTRATIVE CODE. 8 Sec. 57d. (1) TheMichigan jobs commissionDEPARTMENT OF 9 CAREER DEVELOPMENT and the family independence agency shall con- 10 duct joint orientation sessions for family independence assist- 11 ance applicants no less frequently than weekly. After the family 12 independence agency makes an initial determination that an adult 13 or a child aged 16 or older who is not attending elementary or 14 secondary school full-time might be eligible for family indepen- 15 dence assistance, that individual shall attend a joint orienta- 16 tion session as a condition of eligibility prior to receipt of 17 family independence assistance. After completion of the orienta- 18 tion, the individual and the family independence agency shall 19 develop the family's social contract in accordance with section 20 57e.If all eligibility criteria are met, the family indepen-21dence agency shall provide family independence assistance to the22family for not more than 2 months.23 (2)By the end of 2 months following the orientation ses-24sion described in subsection (1), the family independence agency25shall review the individual's compliance with the social26contract.If the individualhas failedFAILS to cooperate with 27 work first JOINT ORIENTATION OR OTHER REQUIRED EMPLOYMENT AND H02965'01 * 3 1 TRAINING ACTIVITIES, the family is ineligible forfurther2 family independence assistance.If the individual fails to3cooperate with any other social contract requirement, the4 (3) THE family independence agency shall impose penalties 5 under section 57g.IF THE INDIVIDUAL FAILS TO COMPLY WITH ANY 6 OF THE FOLLOWING: 7 (A) WORK FIRST ACTIVITIES. 8 (B) EMPLOYMENT AND TRAINING ACTIVITIES. 9 (C) CHILD SUPPORT REQUIREMENTS. 10 (4) THE FAMILY INDEPENDENCE AGENCY MAY IMPOSE PENALTIES 11 UNDER SECTION 57G IF THE INDIVIDUAL FAILS TO COMPLY WITH THE 12 INDIVIDUAL'S SOCIAL CONTRACT REQUIREMENTS. 13 (5) If the individual is complying with the social contract, 14 the family independence agency and the recipient shall revise the 15 social contract if necessary and the family independence assist- 16 ance group shall continue to receive family independence assist- 17 ance so long as the recipients meet family independence assist- 18 ance program requirements. 19 Sec. 57e. (1) Each family receiving family independence 20 assistance shall execute a social contract outlining the respon- 21 sibilities of members of the family independence assistance 22 group. The social contract shall be developed jointly by the 23 family independence agency and the adult family members and shall 24 identify compliance goals that are to be met by members of the 25 family independence assistance group. The social contract shall 26 reflect the individual needs and abilities of the particular 27 family, and shall include at least all of the following: H02965'01 * 4 1 (a) The obligation of each adult and each child aged 16 or 2 older who is not attending elementary or secondary school 3 full-time to participate in work first unless exempt under sec- 4 tion 57f. 5 (b) The obligation of each minor parent who has not com- 6 pleted secondary school to attend school. 7 (c) The obligation of each adult to engage inat least 208hours per week ofemployment, work first activities, education 9 or training, community service activities, or self-improvement 10 activities, AS DETERMINED APPROPRIATE BY THE FAMILY INDEPENDENCE 11 AGENCY, UP TO 40 HOURS PER WEEK. 12 (d) The obligation to cooperate in the establishment of 13 paternity and the procurement of child support, if applicable. 14 (e) The obligation of a recipient who fails to comply with 15 compliance goals due to substance abuse to participate in sub- 16 stance abuse treatment and submit to any periodic drug testing 17 required by the treatment program. 18 (f) Any other obligation the family independence agency 19 determines is necessary to enable the family to achieve 20 independence. 21(2) Beginning 6 weeks after the birth of her child until22the child is 3 months old, the family independence agency may23permit a mother exempted from work first under section 57f(3)(d)24to receive instruction in parenting, nutrition, and child devel-25opment as fulfillment of her social contract obligation under26section (1)(c).H02965'01 * 5 1 (2)(3)The family independence agency shall monitor each 2 family's compliance with the social contract.If the family3fails to comply with the compliance goals set forth in the social4contract, the family independence agency shall impose penalties5under section 57g.6 Sec. 57f. (1) The family independence agency shall enter 7 into an agreement with theMichigan jobs commissionDEPARTMENT 8 OF CAREER DEVELOPMENT in order to facilitate the administration 9 of work first. The family independence agency shall make infor- 10 mation on the program available to the legislature. 11 (2) Except as otherwise provided in subsection (3), every 12 member of a family independence assistance group shall be 13 referred to and shall participate in work first.If a recipient14has cooperated with work first but the work first agency deter-15mines that a job is not available, the recipient may enroll in a16program that is specifically job-related and of no more than 217years' duration that is offered by a college or university, com-18munity college, state-licensed vocational or technical education19program, or state-licensed proprietary school.The particular 20 activities in which the recipient is required or authorized to 21 participate, the number of hours of work required, and other 22 details of work first shall be developed by theMichigan jobs23commissionDEPARTMENT OF CAREER DEVELOPMENT and the family inde- 24 pendence agency and shall be set forth in the recipient's social 25 contract. 26 (3) The following individuals are exempt from participation 27 in work first: H02965'01 * 6 1 (a) A child under the age of 16. 2 (b) A child aged 16 or older, or a minor parent, who is 3 attending elementary or secondary school full-time. 4(c) An individual who is working a minimum number of hours5determined by the family independence agency to be necessary to6meet federal requirements.7 (C)(d)The mother of a child under the age of 3 months. 8 THE FAMILY INDEPENDENCE AGENCY MAY REQUIRE A MOTHER EXEMPTED FROM 9 PARTICIPATION IN WORK FIRST UNDER THIS SUBDIVISION TO PARTICIPATE 10 IN FAMILY SERVICES, INCLUDING, BUT NOT LIMITED TO, INSTRUCTION IN 11 PARENTING, NUTRITION, AND CHILD DEVELOPMENT BEGINNING 6 WEEKS 12 AFTER THE BIRTH OF HER CHILD UNTIL THE CHILD IS 3 MONTHS OLD AS 13 FULFILLMENT OF THAT MOTHER'S SOCIAL CONTRACT OBLIGATION UNDER 14 SECTION 57E(1)(C). 15 (D)(e)An individual aged 65 or older. 16 (E) A RECIPIENT OF SUPPLEMENTAL SECURITY INCOME. 17 (F) AN INDIVIDUAL WHO MEETS 1 OR MORE OF THE FOLLOWING CRI- 18 TERIA TO THE EXTENT THAT THE INDIVIDUAL, BASED ON MEDICAL EVI- 19 DENCE AND AN ASSESSMENT OF NEED BY THE FAMILY INDEPENDENCE 20 AGENCY, IS SEVERELY RESTRICTED IN HIS OR HER ABILITY TO PARTICI- 21 PATE IN EMPLOYMENT OR TRAINING ACTIVITIES: 22 (i)(f)A recipient ofsupplemental security income,23 social security disability, or medical assistance due to disabil- 24 ity or blindness. 25 (ii)(g)An individual suffering from a physical or mental 26 impairment that meets federal supplemental security income H02965'01 * 7 1 disability standards, except that no minimum duration is 2 required. 3 (iii)(h)The spouse of an individual described in 4subdivision (f) or (g)SUBPARAGRAPH (i) OR (ii) who is the 5 full-time caregiver of that individual. 6 (iv)(i)A parent or caretaker of a child who is suffering 7 from a physical or mental impairment that meets the federal sup- 8 plemental security income disability standards, except that no 9 minimum duration is required. 10 (4) In addition to those individuals exempt under subsection 11 (3), the family independence agency may grant a temporary exemp- 12 tion from participation in work first, not to exceed 90 days, to 13 an individual who is suffering from a documented short-term 14 mental or physical illness, limitation, or disability that 15 severely restricts his or her ability to participate in employ- 16 ment or training activities. An individual with a documented 17 mental or physical illness, limitation, or disability that does 18 not severely restrict his or her ability to participate in 19 employment or training activities shall be required to partici- 20 pate in work first at a medically permissible level. 21 (5) An individual is not disabled for purposes of this sec- 22 tion if substance abuse is a contributing factor material to the 23 determination of disability. 24 Sec. 57g. (1) The family independence agency shall develop 25 a system of penalties to be imposed if a recipient fails to 26 comply withthe compliance goals set forth in the family27independence assistance group's social contract or commits fraudH02965'01 * 8 1 APPLICABLE RULES OR THE PROVISIONS OF THIS SECTION. Penalties 2 may be cumulative and may include reduction of the grant, removal 3 of an individual from the family independence assistance group, 4 and termination of assistance to the family. 5 (2) A penalty shall not be imposed if the recipient has 6 demonstrated that there was good cause forthe noncompliance7 FAILING TO COMPLY. The family independence agency shall deter- 8 minethoseTHE circumstances that constitute good cause based 9 on factors that are beyond the control of a recipient. 10 (3) Recipients who are willing to participate in activities 11 leading to self-sufficiency but who require child care or trans- 12 portation in order to participate shall not be penalized if the 13 family independence agency determines that child care or trans- 14 portation is not reasonably available or provided to them. 15 (4) THE SYSTEM OF PENALTIES DEVELOPED UNDER SUBSECTION (1) 16 SHALL INCLUDE ALL OF THE FOLLOWING: 17 (A) FAMILY INDEPENDENCE PROGRAM BENEFITS SHALL BE TERMINATED 18 IF A RECIPIENT FAILS TO COMPLY WITH APPLICABLE CHILD SUPPORT 19 REQUIREMENTS INCLUDING EFFORTS TO ESTABLISH PATERNITY AND OBTAIN 20 CHILD SUPPORT. THE ASSISTANCE GROUP IS INELIGIBLE FOR FAMILY 21 INDEPENDENCE PROGRAM ASSISTANCE FOR NOT LESS THAN 1 CALENDAR 22 MONTH. AFTER ASSISTANCE HAS BEEN TERMINATED FOR NOT LESS THAN 1 23 CALENDAR MONTH, ASSISTANCE MAY BE RESTORED IF THE NONCOMPLIANT 24 RECIPIENT COMPLIES WITH CHILD SUPPORT REQUIREMENTS INCLUDING THE 25 ACTION TO ESTABLISH PATERNITY AND OBTAIN CHILD SUPPORT. 26 (B) FOR THE FIRST INSTANCE OF NONCOMPLIANCE, THE FAMILY 27 INDEPENDENCE AGENCY SHALL DETERMINE WITHIN 10 DAYS OF NOTIFYING H02965'01 * 9 1 THE RECIPIENT IF GOOD CAUSE FOR NONCOMPLIANCE EXISTS. IF GOOD 2 CAUSE IS NOT DETERMINED TO EXIST, ASSISTANCE SHALL BE 3 TERMINATED. AFTER TERMINATION, THE ASSISTANCE GROUP IS INELIGI- 4 BLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE FOR NOT LESS THAN 5 1 CALENDAR MONTH. 6 (C) FOR A SECOND OR SUBSEQUENT INSTANCE OF NONCOMPLIANCE, 7 THE FAMILY INDEPENDENCE AGENCY SHALL TAKE ACTION TO TERMINATE 8 FAMILY INDEPENDENCE PROGRAM ASSISTANCE AND NOTIFY THE RECIPIENT 9 THAT HE OR SHE HAS 10 DAYS TO DEMONSTRATE GOOD CAUSE OR FAMILY 10 INDEPENDENCE PROGRAM ASSISTANCE SHALL BE TERMINATED. AFTER TER- 11 MINATION, THE ASSISTANCE GROUP IS INELIGIBLE FOR FAMILY INDEPEN- 12 DENCE PROGRAM ASSISTANCE FOR NOT LESS THAN 1 CALENDAR MONTH. 13 (5) FOR THE PURPOSES OF THIS SECTION, "NONCOMPLIANCE" MEANS 14 1 OR MORE OF THE FOLLOWING: 15 (A) A RECIPIENT QUITS A JOB. 16 (B) A RECIPIENT IS FIRED FOR MISCONDUCT OR FOR ABSENTEEISM 17 WITHOUT GOOD CAUSE. 18 (C) A RECIPIENT VOLUNTARILY REDUCES THE HOURS OF EMPLOYMENT 19 OR OTHERWISE REDUCES EARNINGS. 20 (D) A RECIPIENT DOES NOT PARTICIPATE IN WORK FIRST 21 ACTIVITIES. 22 (E) OTHER INSTANCES AS DETERMINED BY THE FAMILY INDEPENDENCE 23 AGENCY. 24 (6) IF A RECIPIENT DOES NOT MEET THE RECIPIENT'S INDIVIDUAL 25 SOCIAL CONTRACT REQUIREMENTS, THE FAMILY INDEPENDENCE AGENCY MAY 26 IMPOSE A PENALTY. H02965'01 * 10 1 (7) AFTER TERMINATION FOR NONCOMPLIANCE, THE ASSISTANCE 2 GROUP IS INELIGIBLE FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE 3 FOR NOT LESS THAN 1 CALENDAR MONTH. AFTER ASSISTANCE HAS BEEN 4 TERMINATED FOR NOT LESS THAN 1 CALENDAR MONTH, FAMILY INDEPEN- 5 DENCE PROGRAM ASSISTANCE MAY BE RESTORED IF THE PERSON COMPLETES 6 A WILLINGNESS TO COMPLY TEST. FOR PURPOSES OF THIS SECTION, 7 "WILLINGNESS TO COMPLY" MEANS PARTICIPATING IN WORK FIRST OR 8 OTHER SELF-SUFFICIENCY ACTIVITIES FOR UP TO 40 HOURS WITHIN 10 9 WORKING DAYS. 10 Enacting section 1. This amendatory act takes effect 11 January 1, 2002. H02965'01 * Final page. LTB