HB-4410, As Passed House, May 12, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4410

(As amended May 10, 2011)

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 57f (MCL 400.57f), as amended by 2006 PA 468.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 57f. (1) The department shall enter into an agreement

with the [department of labor and economic growth Michigan economic

development corporation or a successor entity] to facilitate the

administration of work first

the JET program. The department shall make information on the

program available to the legislature.

     (2) Except as provided in section 57b, at the time the

department determines that an individual is eligible to receive

family independence program assistance under this act, the

department shall determine whether that individual is eligible to

House Bill No. 4410 (H-2) as amended May 10, 2011

participate in the work first JET program or if the individual is

exempt from work first JET program participation under this

section. 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 and the [department of labor and economic growth

Michigan economic development corporation or a successor entity] and

shall be set forth in the

recipient's family self-sufficiency plan. If a recipient has

cooperated with work first the JET program, 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, GED preparation, and literacy training 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.

     (3) The following individuals are exempt from participation in

work first the JET program:

     (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 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 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.

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

criteria to the extent that the individual, based on medical

evidence and an assessment of need by the 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.

     (g) Beginning April 1, 2007, the parent of a child under the

age of 3 months. The department may 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 beginning 6 weeks after

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

fulfillment of that recipient's family self-sufficiency plan

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

     (h) Beginning April 1, 2007, a recipient of supplemental

security income.

     (i) Beginning April 1, 2007, an individual who meets 1 or more

of the following criteria to the extent that the individual, based

on medical evidence and an assessment of need by the 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.

     (v) An individual with low intellectual capacity or learning

disabilities that impede comprehension and prevent success in

acquiring basic reading, writing, and math skills, including, but

not limited to, an individual with an intelligence quotient less

than 80.

     (vi) An individual with documented chronic mental health

problems that cannot be controlled through treatment or medication.

     (vii) An individual with physical limitations on his or her

ability to perform routine manual labor tasks, including, but not

limited to, bending or lifting, combined with intellectual capacity

or learning disabilities.

     (a) A child under the age of 16.

     (b) A child age 16 to 18 who is attending elementary or

secondary school full-time.

     (c) A recipient who has medical documentation of being

disabled or medical documentation of an inability to participate in

employment or the JET program for more than 90 days because of a

mental or physical condition.

     (d) A recipient unable to participate as determined by the

medical review team.

     (e) A recipient aged 65 or older.

     (f) A recipient of supplemental security income.

     (g) A recipient of retirement, survivor, or disability

insurance based on disability or blindness, or a recipient found

eligible for retirement, survivor, or disability insurance based on

disability or blindness who is in nonpay status.

     (4) In addition to those individuals exempt under subsection

(3), the The department may grant a temporary exemption from

participation in work first, not to exceed 90 days, the JET program

to an any of the following:

     (a) 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 JET program activities. An individual with a documented

mental or physical illness, limitation, or disability that does not

severely restrict his or her ability to participate in employment

or training activities the JET program shall be required to

participate in work first the JET program at a medically

permissible level. An exemption under this subdivision shall not

exceed a period of 90 days without a review by a department

caseworker.

     (b) An individual for whom certain program requirements have

been waived under section 56i. An exemption under this subdivision

shall not exceed a period of 90 days without a review by a

department caseworker.

     (c) A parent with a child under the age of 60 days if that

child is in the home or a mother for postpartum recovery up to 60

days after giving birth if that child is not in the home.

     (d) A pregnant recipient who, based on medical documentation,

is severely restricted in her ability to participate in JET program

activities for the duration of the pregnancy.

     (e) The spouse of a recipient who is verified as disabled and

living in the home with the spouse if it is verified that the

spouse is needed in the home full-time due to the extent of medical

care required. An exemption under this subdivision shall not exceed

a period of 365 days without a review by a department caseworker.

     (f) A parent of a child who is verified as disabled and living

in the home with the parent if it is verified that the parent is

needed in the home due to the extent of medical care required. If

the child attends school, the parent may be referred to the JET

program with limitations. An exemption under this subdivision shall

not exceed a period of 365 days without a review by a department

caseworker.

     (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) The department may promulgate rules in accordance with the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328, identifying exemptions under this section. The director of

the department may grant exemptions for extenuating circumstances

beyond the exemptions provided for in this section. The department

shall annually provide to the legislature, at the same time as the

governor's departmental budget proposal, a report of the number of

exemptions issued under this section and the individual reason for

those exemptions. This subsection does not apply 1 year after the

effective date of the 2011 amendatory act that amended this

section.

     (7) This section does not apply after September 30, 2011.