September 20, 2006, Introduced by Reps. Palsrok, Kooiman, Stahl and Pastor 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 57g (MCL 400.57g), as amended by 2001 PA 280.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
57g. (1) The family independence agency department
shall develop a system of penalties to be imposed if a recipient
fails
to comply with applicable rules or the provisions of this
section
act related to family
independence program benefits and
work first compliance. Penalties may be cumulative and may include
reduction
of the grant, removal of an individual the recipient
from the family independence assistance group, and termination of
assistance to the family.
(2) A penalty shall not be imposed if the recipient has
demonstrated
that there was good cause for failing to comply. The
family
independence agency department
shall determine the
circumstances that constitute good cause based on factors that are
beyond
the recipient's control.
of a recipient.
(3) Recipients
who are A recipient who is willing to
participate
in activities leading to self-sufficiency but who
require
requires child care or transportation in order to
participate
shall not be penalized if the family independence
agency
department determines that child care or transportation is
not
reasonably available or provided to
them him or her.
(4) The system of penalties developed under subsection (1)
shall include both of the following:
(a) Family independence program benefits shall be terminated
if a recipient fails, without good cause, to comply with applicable
child support requirements including efforts to establish paternity
and obtain child support. The assistance group is ineligible for
family independence program assistance for not less than 1 calendar
month. After assistance has been terminated for not less than 1
calendar month, assistance may be restored if the noncompliant
recipient complies with child support requirements including the
action to establish paternity and obtain child support.
(b) For any instance of noncompliance, before determining that
a
penalty shall be imposed, the family independence agency
department shall determine if good cause for noncompliance exists.
The family
independence agency department
shall notify the
recipient that he or she has 10 days to demonstrate good cause for
noncompliance.
If the department determines that
good cause is
not
determined
to does not exist
for the noncompliance, assistance
shall
be terminated. After termination, the assistance group is
ineligible
for family independence program assistance for not less
than
1 calendar month.
(5)
For the purposes purpose of this section,
"noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or for absenteeism
without good cause.
(c) A recipient voluntarily reduces the hours of employment or
otherwise reduces earnings.
(d) A recipient does not participate in work first activities.
(6) If a recipient does not meet the recipient's individual
social
contract personal responsibility
plan or personal work plan
requirements,
the family independence agency may department shall
impose a penalty.
(7)
After termination for noncompliance, the assistance group
is
ineligible for family independence program assistance for not
less
than 1 calendar month. After assistance has been terminated
for
not less than 1 calendar month, family independence program
assistance
may be approved if the recipient completes a willingness
to
comply test. For purposes of this section, "willingness to
comply"
means participating in work first or other self-sufficiency
activities
for up to 40 hours within 10 working days. At the time
any
penalty is imposed under this section, the family independence
agency
shall provide the recipient written notice of his or her
option
to immediately reapply for family independence program
benefits
and that he or she may complete a "willingness to comply
test"
during the penalty period.
(8)
The family independence agency shall submit a report for
the
period between February 1, 2002 and December 31, 2002 to the
legislature,
the house and senate fiscal agencies, and the
appropriate
house and senate standing committees that handle family
and
children's issues, that contains all of the following
information
for that time period:
(a)
The number of sanctions imposed and reapplications made.
(b)
The number of family independence program cases reopened.
(c)
The number of referrals to emergency shelters by the
department.
(d)
The number of sanctions imposed on families with at least
1
disabled parent.
(e)
The number of sanctions imposed on families with disabled
children.
(7) The department shall implement a schedule of penalties for
instances of noncompliance as described in this subsection. After
termination of family independence program assistance the penalty
shall be as follows:
(a) For the first instance of noncompliance, the recipient is
ineligible to receive family independence program assistance for
not less than 3 calendar months.
(b) For the second instance of noncompliance, the recipient is
ineligible to receive family independence program assistance for
not less than 3 calendar months.
(c) For the third instance of noncompliance in a 24-month
period, the recipient is ineligible to receive family independence
program assistance for not less than 24 calendar months.
(d) For the fourth instance of noncompliance in a 24-month
period, the recipient is permanently ineligible to receive family
independence program assistance.
(8) For all instances of noncompliance resulting in
termination of family independence assistance for any period of
time described in subsection (7), both of the following apply:
(a) Family independence program assistance may be approved to
begin at the conclusion of the penalty period if the recipient
attends a joint meeting with his or her family independence
specialist caseworker and a work first program caseworker and the
personal responsibility plan, personal work plan, or both are
reviewed, modified as necessary, and approved by the family
independence specialist caseworker and the work first program
caseworker. The reevaluation required under this subdivision shall
include a discussion and official warning regarding penalties that
may be imposed for future instances of noncompliance.
(b) The period of time the recipient is ineligible to receive
family independence program assistance applies toward the
recipient's 48-month cumulative lifetime total.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. _____ or House Bill No. 6581(request no.
05678'06) of the 93rd Legislature is enacted into law.