HB-5446, As Passed House, December 1, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5446

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 57f (MCL 400.57f), as amended by 2001 PA 280.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 57f. (1) The  family independence agency  department

shall enter into an agreement with the department of  career

development  labor and economic growth in order to facilitate the

administration of work first. The  family independence agency

department shall make information on the program available to the

legislature.

     (2) Except as otherwise provided in subsection (3), every

member of a family independence assistance group shall be referred

to and shall participate in work first. The particular activities

in which the recipient is required or authorized to participate,

the number of hours of work required, and other details of work

first shall be developed by the department  of career development

and the family independence agency  and the department of labor and

economic growth and shall be set forth in the recipient's  social

contract  personal development plan. If a recipient has cooperated

with work first, the recipient may enroll in a program approved by

the local workforce development board. Any and all training or

education with the exception of high school completion and GED

preparation must be occupationally relevant and in demand in the

labor market as determined by the local workforce development board

and may be no more than 2 years in duration. Participants must make

satisfactory progress while in training or education. The

department shall work with the department of labor and economic

growth to identify barriers that prevent work first participants

from obtaining employment and self-sufficiency.

     (3) All family independence program recipients are work or

training eligible unless exempted from work first participation

under this subsection. The following individuals are exempt from

participation in work first:

     (a) A child under the age of 16.

     (b) A child aged 16 or older, or a minor parent, who is

attending elementary or secondary school full-time.

     (c) The custodial parent of a child under the age of 3 months.

The  family independence agency may  department shall require a

custodial parent exempted from participation in work first under

this subdivision to participate in family services, including, but

not limited to, instruction in parenting, nutrition,  and child

development, and abstinence-based family planning beginning 6 weeks

after the birth of his or her child until the child is 3 months old

as fulfillment of that parent's  social contract  personal

development plan obligation under section 57e(1)(c).

     (d) An individual aged 65 or older.

     (e) A recipient of supplemental security income. An individual

who is applying for supplemental security income is not

automatically exempt from participation in work first during the

application process for supplemental security income.

     (f) An individual who meets 1 or more of the following

criteria to the extent that the individual, based on written

medical  evidence  verification provided by a physician,

psychiatrist, or psychologist and an assessment of need by the

family independence agency  department, is severely restricted in

his or her ability to participate in employment or training

activities:

     (i) A recipient of social security disability, or medical

assistance due to disability or blindness.

     (ii) An individual suffering from a physical or mental

impairment that meets federal supplemental security income

disability standards, except that no minimum duration is required.

     (iii) The spouse of an individual described in subparagraph (i)

or (ii) who is the full-time caregiver of that individual.

     (iv) A parent or caretaker of a child who is suffering from a

physical or mental impairment that meets the federal supplemental

security income disability standards, except that no minimum

duration is required.

     (4) In addition to those individuals exempt under subsection

(3), the  family independence agency  department may grant a

temporary exemption from participation in work first, not to exceed

90 days, to an individual who is suffering from a  documented

short-term mental or physical illness, limitation, or disability

that severely restricts his or her ability to participate in

employment or training activities as documented in writing by a

physician, psychiatrist, or psychologist. An individual with a

documented mental or physical illness, limitation, or disability

as described in this section that does not severely restrict his or

her ability to participate in employment or training activities

shall be  is required to participate in work first at a medically

permissible level.

     (5) An individual is not disabled for purposes of this section

if substance abuse is a contributing factor material to the

determination of disability.

     (6) Individuals exempt from participation in work first under

this section shall be evaluated by the department to determine

eligibility to participate in other work-related activities. If an

individual is eligible to participate in other work-related

activities, the department shall refer him or her to those

activities.

     (7) The department shall reevaluate an individual exempt from

participation in work first under subsection (3) every 120 days to

determine whether the individual continues to be exempt from work

first participation.

     (8) An individual exempt from participation in work first due

to a mental or physical illness, limitation, or disability as

documented in writing by a physician, psychiatrist, or psychologist

shall be evaluated not later than 90 days from the department's

receipt of that documentation for eligibility in the supplemental

security income program.

     Enacting section 1.  This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 5438.

     (b) House Bill No. 5439.

     (c) House Bill No. 5440.

     (d) House Bill No. 5441.

     (e) House Bill No. 5442.

     (f) House Bill No. 5443.

     (g) House Bill No. 5444.

     (h) House Bill No. 5445.