SENATE BILL No. 905

 

 

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.