November 22, 2005, Introduced by Reps. Kolb and Kooiman and referred to the Committee on Family and Children Services.
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. 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 parent of a child under the age of 3 months. The
family
independence agency may department
shall require a 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 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 federal
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) Senate Bill No.____ or House Bill No. 5445(request no.
04044'05).
(b) Senate Bill No.____ or House Bill No. 5439(request no.
04624'05).
(c) Senate Bill No.____ or House Bill No. 5441(request no.
04626'05).
(d) Senate Bill No.____ or House Bill No. 5440(request no.
05231'05).
(e) Senate Bill No.____ or House Bill No. 5442(request no.
05232'05).
(f) Senate Bill No.____ or House Bill No. 5443(request no.
05233'05).