January 24, 2012, Introduced by Senator HUNE and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 57b and 57f (MCL 400.57b and 400.57f), section
57b as amended by 2011 PA 131 and section 57f as amended by 2011 PA
132.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 57b. (1) An individual who meets all of the following
requirements is eligible for family independence program
assistance:
(a) Is a member of a family or a family independence program
assistance group.
(b) Is a member of a program group whose income and assets are
less than the income and asset limits set by the department.
(c) In the case of a minor parent, meets the requirements of
subsection (2).
(d) Is a United States citizen, a permanent resident alien, or
a refugee. If the applicant indicates that he or she is not a
United States citizen, the department shall verify the applicant's
immigration status using the federal systematic alien verification
for entitlements (SAVE) program.
(e) Is a resident of this state as described in section 32.
(f) If not exempt from the JET program under section 57f,
performs community service as directed by the department.
(g) (f)
Meets any other eligibility
criterion required for the
receipt of federal or state funds or determined by the department
to be necessary for the accomplishment of the goals of the family
independence program.
(2) A minor parent and the minor parent's child shall not
receive family independence program assistance unless they live in
an adult-supervised household. The family independence program
assistance shall be paid on behalf of the minor parent and child to
an adult in the adult-supervised household. Child care in
conjunction with participation in education, employment readiness,
training, or employment programs, that have been approved by the
department, shall be provided for the minor parent's child. The
minor parent and child shall live with the minor parent's parent,
stepparent, or legal guardian unless the department determines that
there is good cause for not requiring the minor parent and child to
live with a parent, stepparent, or legal guardian. The department
shall determine the circumstances that constitute good cause, based
on a parent's, stepparent's, or guardian's unavailability or
unwillingness or based on a reasonable belief that there is
physical, sexual, or substance abuse, or domestic violence,
occurring in the household, or that there is other risk to the
physical or emotional health or safety of the minor parent or
child. If the department determines that there is good cause for
not requiring a minor parent to live with a parent, stepparent, or
legal guardian, the minor parent and child shall live in another
adult-supervised household. A local office director may waive the
requirement set forth in this subsection with respect to a minor
parent who is at least 17 years of age, attending secondary school
full-time, and participating in a department service plan or a teen
parenting program, if moving would require the minor parent to
change schools.
(3) If a recipient who is otherwise eligible for family
independence program assistance under this section is currently
applying for supplemental security income and seeking exemption
from the JET program, the recipient shall be evaluated and assessed
as provided in this section before a family self-sufficiency plan
is developed under section 57e. Based on a report resulting from
the evaluation and assessment, the caseworker shall make a
determination and referral as follows:
(a) A determination that the recipient is eligible to
participate in the JET program and a referral to the JET program.
(b) A determination that the recipient is exempt from JET
program participation under section 57f and a referral to a
sheltered work environment or subsidized employment.
(c) A determination that the recipient is exempt from JET
program participation under section 57f and a referral for
supplemental security income advocacy.
(4) The department may contract with a legal services
organization to assist recipients with the process for applying for
supplemental security income. The department may also contract with
a nonprofit rehabilitation organization to perform the evaluation
and assessment described under subsection (3). If the department
contracts with either a nonprofit legal or rehabilitation services
organization, uniform contracts shall be used statewide that
include, but are not limited to, uniform rates and performance
measures.
(5) The auditor general shall conduct an annual audit of the
evaluation and assessment process required under this section and
submit a report of his or her findings to the legislature.
Sec. 57f. (1) The department shall enter into an agreement
with the Michigan economic development corporation or a successor
entity to facilitate the administration of 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
participate in the JET program or if the individual is exempt from
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 the JET
program shall be developed by the
department and the 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 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
the JET program:
(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) The department may grant a temporary exemption from
participation in the JET program to 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 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 the JET program shall be
required to participate in 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) If an individual is not exempt from participation in the
JET program under this section, he or she must perform community
service as directed by the department in order to be eligible to
receive family independence program assistance under this act.
(7) (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 after December 31, 2013.