March 10, 2011, Introduced by Reps. Horn, Kurtz, Tyler, Lyons, Knollenberg, Agema, Rendon, Moss, Franz, Yonker, Muxlow, Lori, Rogers, McMillin, Denby, Callton, Wayne Schmidt, Crawford, Outman, Somerville, Cotter, Shirkey, Genetski, MacMaster, Price, Bumstead, Scott, Pscholka, Pettalia, Poleski, Opsommer, McBroom, Glardon, Daley, Heise, O'Brien, Haveman, Potvin, Foster, Haines and Nesbitt and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 57, 57b, 57c, 57d, 57e, 57g, 57i, 57l, 57p,
57r, and 57u (MCL 400.57, 400.57b, 400.57c, 400.57d, 400.57e,
400.57g, 400.57i, 400.57l, 400.57p, 400.57r, and 400.57u), section
57 as amended and section 57p as added by 2006 PA 471, section 57b
as amended and section 57u as added by 2006 PA 468, section 57c as
added by 1995 PA 223, sections 57d, 57g, and 57r as amended by 2007
PA 9, section 57e as amended by 2006 PA 469, section 57i as added
by 2000 PA 478, and section 57l as added by 1999 PA 17; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 57. (1) As used in this section and sections 57a to 57u:
(a) "Adult-supervised household" means either of the
following:
(i) The place of residence of a parent, stepparent, or legal
guardian of a minor parent.
(ii) A living arrangement not described in subparagraph (i) that
the department approves as a family setting that provides care and
control of a minor parent and his or her child and supportive
services including, but not limited to, counseling, guidance, or
supervision.
(b) "Caretaker" means an individual who is acting as parent
for a child in the absence or because of the disability of the
child's parent or stepparent and who is the child's legal guardian,
grandparent, great grandparent, great-great grandparent, sibling,
stepsibling, aunt, great aunt, great-great aunt, uncle, great
uncle, great-great uncle, nephew, niece, first cousin, or first
cousin once-removed, a spouse of any person listed above, a parent
of the putative father, or an unrelated individual aged 21 or older
whose appointment as legal guardian of the child is pending.
(c) "Child" means an individual who is not emancipated under
1968 PA 293, MCL 722.1 to 722.6, who lives with a parent or
caretaker, and who is either of the following:
(i) Under the age of 18.
(ii) Age 18 or 19, and a
full-time high school student. , and
reasonably
expected to graduate from high school before the age of
20.
(d) "Family" means 1 or more of the following:
(i) A household consisting of a child and either of the
following:
(A) A parent or stepparent of the child.
(B) A caretaker of the child.
(ii) A pregnant woman.
(iii) A parent of a child in foster care.
(e) "Family independence program assistance" means financial
assistance provided to a family under the family independence
program.
(f) "Family independence program assistance group" means all
those members of a program group who receive family independence
program assistance.
(g) "Family independence program" means the program of
financial assistance established under section 57a.
(h) "Family self-sufficiency plan" means a document described
in section 57e that is executed by a family in return for receiving
family independence program assistance.
(i) "JET program" means the jobs, education and training
program administered by the department of licensing and regulatory
affairs for applicants and recipients of family independence
program assistance or a successor program.
(j) "Medical review team" means the team composed of a
disability examiner and a physician as a medical consultant who
certifies disability for the purpose of eligibility for assistance
under this act.
(k) (i)
"Minor parent" means an
individual under the age of 18
who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, and
who is either the biological parent of a child living in the same
household or a pregnant woman.
(l) (j)
"Payment standard" means
the standard upon which family
independence program assistance benefits are based if the family
independence program assistance group has no net income.
(m) (k)
"Program group" means a
family and all those
individuals living with a family whose income and assets are
considered for purposes of determining financial eligibility for
family independence program assistance.
(n) (l) "Recipient"
means an individual receiving family
independence program assistance.
(o) (m)
"Substance abuse" means
that term as defined in
section 6107 of the public health code, 1978 PA 368, MCL 333.6107.
(p) (n)
"Substance abuse
treatment" means outpatient or
inpatient services or participation in alcoholics anonymous or a
similar program.
(q) (o)
"Supplemental security
income" means the program of
supplemental security income provided under title XVI.
(p)
"Work first" means the program of employment and training
administered
by the department of labor and economic growth for
applicants
and recipients of family independence assistance.
(2) A reference in this act to "aid to dependent children" or
"aid to families with dependent children" means "family
independence program assistance".
Sec.
57b. (1) Subject to section 57l, an 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) 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, which 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)
Beginning December 31, 2006, if 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 work first 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 work first the JET
program and a referral to the
work
first JET program.
(b)
A determination that the recipient is exempt from work
first
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 work
first
JET program participation under section 57f and a referral to
a
legal services organization 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. 57c. If a minor parent applies for family independence
program
assistance, the family independence
agency department shall
do all of the following:
(a) Inform the minor parent of the eligibility requirements of
section 57b(2) and the circumstances under which there is good
cause for permitting the minor parent to live in an adult-
supervised household other than the home of his or her parent or
legal guardian.
(b)
Complete a home visit and or
other appropriate
investigation before requiring a minor parent to live with his or
her parent, stepparent, or legal guardian.
(c) If applicable, assist the minor parent to find an adult-
supervised household in which to live.
(d) Inform the minor parent of the requirement to attend
school full-time.
Sec.
57d. (1) The department and the department of labor and
economic
growth licensing and
regulatory affairs shall conduct
weekly orientation sessions for family independence program
assistance applicants. After the department makes an initial
determination that an adult or a child aged 16 or older who is not
attending elementary or secondary school full-time may be eligible
for family independence program assistance and is not exempt from
work
first JET program participation under section 57f, that
individual shall participate in assigned work-related activities.
The
individual, the department, and a work first JET program
representative shall develop the family's family self-sufficiency
plan in accordance with section 57e.
(2)
If an applicant who is not exempt from work first JET
program participation under section 57f fails to cooperate with
work
first the JET program or other required employment and
training activities, the family is ineligible for family
independence program assistance.
(3)
The department shall impose penalties under section 57g if
a
recipient fails to comply with any of the following:
(a)
Work first activities.
(b)
Employment and training activities.
(c)
Child support requirements.
(3) (4)
The department shall impose
penalties under section
57g if the individual fails to comply with the individual's family
self-sufficiency plan's
requirements plan.
(4) (5)
If the individual is complying with
the family self-
sufficiency
plan, the department, a work first JET program
representative,
and the recipient shall may
revise the family self-
sufficiency plan if necessary and the family independence program
assistance group shall continue to receive family independence
program assistance so long as the recipients meet family
independence
program assistance program requirements.
(5) (6)
The department shall reassess the
recipient's
eligibility
for family independence program assistance not later
than
24 every 12 months after the date the application for family
independence program assistance was approved. At the time of a
reassessment under this subsection, the recipient shall meet with
his
or her department caseworker and work first JET program
caseworker
representative and redevelop the family self-sufficiency
plan.
Sec. 57e. (1) Each family receiving family independence
program assistance shall execute a family self-sufficiency plan
outlining the responsibilities of members of the family
independence program assistance group, the contractual nature of
family independence program assistance, and the focus on the goal
of attaining self-sufficiency. The family self-sufficiency plan
shall be developed by the department and the adult family members
of
the family independence program assistance program group with
the
details of work first JET
program participation to be included
in the family self-sufficiency plan being developed by the
department,
the department of labor and economic growth licensing
and regulatory affairs, and the adult family members of the family
independence
program assistance program group. Except as described
in section 57b, the department shall complete a thorough assessment
to facilitate development of the family self-sufficiency plan,
including consideration of referral to a life skills program, and
determination as to whether the family independence program
assistance
program group's adult members are eligible to
participate
in the work first JET program or are exempt from work
first
JET program participation under section 57f. The family self-
sufficiency plan shall identify compliance goals that are to be met
by
members of the family independence program
assistance program
group and goals and responsibilities of the members of the family
independence
program assistance program group, the department, and
the
work first JET program. The family self-sufficiency plan shall
reflect the individual needs and abilities of the particular
family, and shall include at least all of the following:
(a) The obligation of each adult and each child aged 16 or
older who is not attending elementary or secondary school full-time
to
participate in the work first JET
program unless exempt under
section 57f.
(b) The obligation of each minor parent who has not completed
secondary school to attend school.
(c) Except as provided in section 57f(3) and (4), the
obligation
of each adult to engage in employment, work first JET
program activities, education or training, community service
activities, or self-improvement activities, as determined
appropriate by the department.
(d) The obligation to cooperate in the establishment of
paternity and the procurement of child support, if applicable.
(e) The obligation of a recipient who fails to comply with
compliance goals due to substance abuse to participate in substance
abuse treatment and submit to any periodic drug testing required by
the treatment program.
(f) If the recipient is determined to be eligible to
participate
in the work first JET program, the obligation that the
requirements of the family self-sufficiency plan must, at a
minimum, meet federal guidelines for work participation. Exceptions
may be granted if it is determined that the recipient or a family
member in the recipient's household has a disability that needs
reasonable accommodation as required by section 504 of title V of
the rehabilitation act of 1973, 29 USC 794, subtitle A of title II
of the Americans with disabilities act of 1990, 42 USC 12131 to
12134, or another identified barrier that interferes with the
recipient's ability to participate in required activities.
Reasonable accommodation must be made to adjust the number of
required hours or the types of activities required to take the
identified limitations into account.
(g) The obligation that the recipient must enroll in a GED
preparation program, a high school completion program, or a
literacy training program, if the department determines the
resources are available and the assessment and plan demonstrate
that these issues present a barrier to the recipient meeting the
requirements in his or her family self-sufficiency plan. This basic
educational skills training shall be combined with other
occupational skills training, whenever possible, to assure that it
can be counted toward federal work participation requirements.
(h) Notification to the recipient of the 48-month lifetime
cumulative total for collecting family independence program
assistance.
(i) A prohibition on using family independence program
assistance to purchase lottery tickets, alcohol, or tobacco, for
gambling, or for illegal activities or any other nonessential
items.
(j) (h)
Any other obligation the department
determines is
necessary to enable the family to achieve independence.
(2) The department shall monitor each family's compliance with
the family self-sufficiency plan.
Sec.
57g. (1) The 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. Penalties may
be
cumulative and may include reduction of the grant, removal of an
individual
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
department
shall determine the circumstances that constitute good
cause
based on factors that are beyond the control of a recipient.
(3)
Recipients who are willing to participate in activities
leading
to self-sufficiency but who require child care or
transportation
in order to participate shall not be penalized if
the
department determines that child care or transportation is not
reasonably
available or provided to them.
(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)
If good cause is not determined to exist, 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 of subsections (1) to (8),
"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 requirements, the department may 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 department 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 department 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.
(9)
Subsections (1) to (8) do not apply after March 31, 2007.
Subsections
(10) to (15) apply beginning April 1, 2007.
(1) (10)
Beginning April 1, 2007, if If
a recipient does not
meet his or her individual family self-sufficiency plan
requirements and is therefore noncompliant, the department shall
impose the penalties described under this section. The department
shall implement a schedule of penalties for instances of
noncompliance as described in this subsection. The penalties shall
be as follows:
(a) For the first instance of noncompliance, the family is
ineligible to receive family independence program assistance for
not less than 3 calendar months.
(b) For the second instance of noncompliance, the family is
ineligible to receive family independence program assistance for
not
less than 3 6 calendar months.
(c) For the third instance of noncompliance, the family is
permanently ineligible to receive family independence program
assistance. for
12 calendar months.
(2) (11)
For the purposes of subsections (10)
(1) to (16) (7),
"noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or absenteeism.
(c)
A recipient does not participate in work first JET program
activities.
(d) A recipient is noncompliant with his or her family self-
sufficiency plan.
(3) (12)
For any instance of noncompliance,
the recipient
shall receive not less than 12 days' notice before the penalties
prescribed in this section are imposed. If the recipient
demonstrates good cause for the noncompliance during this period
and
if the family independence specialist caseworker and the work
first
JET program caseworker representative agree that good cause
exists for the recipient's noncompliance, a penalty shall not be
imposed. For the purpose of this subsection, good cause is 1 or
more of the following:
(a) The recipient suffers from a temporary debilitating
illness or injury or an immediate family member has a debilitating
illness or injury and the recipient is needed in the home to care
for the family member.
(b) The recipient lacks child care as described in section
407(e)(2) of the personal responsibility and work opportunity
reconciliation act of 1996, Public Law 104-193, 42 USC 607(e)(2).
(c) Either employment or training commuting time is more than
2 hours per day or is more than 3 hours per day when there are
unique and compelling circumstances, such as a salary at least
twice the applicable minimum wage or the job is the only available
job placement within a 3-hour commute per day, not including the
time necessary to transport a child to child care facilities.
(d) Transportation is not available to the recipient at a
reasonable cost.
(e) The employment or participation involves illegal
activities.
(f) The recipient is physically or mentally unfit to perform
the job, as documented by medical evidence or by reliable
information from other sources.
(g) The recipient is illegally discriminated against on the
basis of age, race, disability, gender, color, national origin, or
religious beliefs.
(h) Credible information or evidence establishes 1 or more
unplanned or unexpected events or factors that reasonably could be
expected to prevent, or significantly interfere with, the
recipient's compliance with employment and training requirements.
(i) The recipient quit employment to obtain comparable
employment.
(4) (13)
For all instances of noncompliance
resulting in
termination of family independence program assistance for any
period
of time described in subsection (10) (1), the period of time
the recipient is ineligible to receive family independence program
assistance applies toward the recipient's 48-month cumulative
lifetime total.
(5) (14)
Beginning April 1, 2007, for For
the first instance
that a family independence specialist caseworker determines a
recipient to be noncompliant, all of the following shall occur:
(a) The department shall notify the recipient in writing
within 3 business days of determining that the recipient is
noncompliant. The notification shall include all of the following:
(i) The reason the recipient has been determined to be
noncompliant.
(ii) The penalty that will be imposed for the noncompliance.
(iii) An opportunity for the recipient to meet in person with
the family independence specialist caseworker within 10 business
days of the determination that the recipient is noncompliant.
(b) If the recipient meets with a family independence
specialist caseworker within 10 business days, the family
independence
specialist caseworker and the recipient shall may
review and modify the family self-sufficiency plan as determined
necessary by the family independence specialist caseworker. The
family independence specialist caseworker shall discuss and provide
an official warning regarding penalties that shall be imposed if
the recipient continues to be noncompliant. The family independence
specialist caseworker shall inform the recipient that he or she
must verify compliance with his or her family self-sufficiency plan
within 10 business days.
(c) If the recipient fails to meet with the family
independence specialist caseworker within 10 business days of the
determination that the recipient is noncompliant, the recipient is
subject
to the provisions of subsection (10)(a) (1)(a).
(d) If the recipient fails to verify compliance under
subdivision (b), the recipient is subject to the provisions of
subsection
(10)(a) (1)(a).
(6) (15)
The meeting described in subsection
(14) (5) is only
available for the first time a family independence specialist
caseworker determines the recipient to be noncompliant regardless
of whether that recipient becomes subject to the provisions of
subsection
(10)(a) (1)(a).
(7) (16)
Family independence program assistance 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 family
independence program assistance group is ineligible for family
independence program assistance for not less than 1 calendar month.
After family independence program assistance has been terminated
for not less than 1 calendar month, family independence program
assistance may be restored if the noncompliant recipient complies
with child support requirements including the action to establish
paternity and obtain child support.
(17)
This section does not apply after September 30, 2011.
Sec. 57i. (1) If a landlord or provider of housing
participates
in the family independence agency department rent
vendoring program, the landlord shall certify that the dwelling
unit being provided meets all of the following requirements:
(a) The dwelling unit does not have a condition that would
facilitate the spread of a communicable disease. As used in this
subdivision, "communicable disease" means that term as defined in
section 5101 of the public health code, 1978 PA 368, MCL 333.5101.
(b) The dwelling unit is fit for human habitation.
(c) The dwelling unit is not dangerous to life or health due
to lack of repair of, a defect in, or the construction of a
drainage source or device, plumbing, lighting, ventilation, or a
heating source or device.
(2)
If the family independence agency department is notified
by an enforcing agency that a landlord or provider of housing has a
violation of a housing code that constitutes a hazard to the health
or
safety of the occupants, the family independence agency
department shall terminate that landlord's or provider's
participation in the rent vendoring program for the dwelling unit
until the violation is corrected.
(3) A landlord or provider of housing shall not evict an
occupant from a dwelling unit based solely on termination of the
landlord's or provider's participation in the rent vendoring
program
due to action taken by the family independence agency
department under subsection (2) or subsection (4). An occupant who
is evicted in violation of this subsection may bring an action in
any court having jurisdiction to recover treble damages, costs of
the action, and reasonable attorney fees.
(4) If the department is notified that a landlord or provider
of housing is delinquent on payment of property taxes or if the
title of the property reverts to the state for nonpayment of
property taxes, the department shall terminate that landlord's or
provider of housing's participation in the rent vendoring program
for that property.
Sec.
57l. (1) Subject to subsection (2), the family
independence
agency department may require substance abuse testing
as
a condition for family independence assistance eligibility under
this act.
(2)
The family independence agency shall implement a pilot
program
of substance abuse testing as a condition for family
independence
assistance eligibility in at least 3 counties,
including
random substance abuse testing. It is the intent of the
legislature
that a statewide program of substance abuse testing of
family
independence assistance recipients, including random
substance
abuse testing, be implemented before April 1, 2003.
However,
statewide implementation of the substance abuse testing
program
shall not begin until all of the following have been
completed:
(a)
The pilot programs have first been evaluated by the
department
and the evaluation has been submitted to the
legislature.
(b)
The evaluation under subdivision (a) includes at least the
factors
enumerated in subsection (5)(a) through (d) as well as an
analysis
of the pilot program.
(c)
Six months have passed since the evaluation required in
subdivision
(a) has been submitted to the legislature.
(3)
An individual described in section 57b shall not be
considered
to have tested positive for substance abuse until the
sample
has been retested to rule out a false positive by gas
chromatography
with mass spectrometry, gas chromatography, high
performance
liquid chromatography, or an equally, or more, specific
test
using the same sample obtained for the original test.
(2) The department shall implement a substance abuse testing
program for family independence program assistance. Substance abuse
testing shall be ordered only for recipients for whom the
department has a reasonable suspicion of substance abuse.
(3) An individual described in section 57b who tests positive
for substance abuse under this section shall agree to and
participate in substance abuse assessment and comply with a
required substance abuse treatment plan. Failure to comply with a
substance abuse assessment or treatment plan shall be penalized in
the
same manner as a work first JET
program violation imposed under
section 57d or 57g. An individual is exempt from substance abuse
testing authorized by this section if the individual is
participating in a substance abuse rehabilitation program that the
individual was ordered to participate in by a circuit court that
has established procedures to expedite the closing of criminal
cases involving a crime established under part 74 of the public
health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(4)
Before implementing substance abuse testing under this
section,
the family independence agency shall notify the senate and
house
of representatives standing committees having jurisdiction
over
this act and the senate and house of representatives
appropriations
subcommittees having jurisdiction over the family
independence
agency budget of the planned implementation.
(4) (5)
If the family independence
agency department
implements substance abuse testing as authorized and required by
this
section, the family independence agency department shall
submit an annual report on the testing program to the senate and
house of representatives standing committees having jurisdiction
over this act and the senate and house of representatives
appropriations
subcommittees having jurisdiction over the family
independence
agency department budget. The annual report shall
include at least all of the following information for the preceding
year:
(a) The number of individuals tested, the substances tested
for, the results of the testing, and the number of referrals for
treatment.
(b) The costs of the testing and the resulting treatment.
(c) Sanctions, if any, that have been imposed on recipients as
a result of the testing program.
(d)
The percentage and number of households receiving family
independence
assistance that include an individual who has tested
positive
for substance abuse under the program and that also
include
an individual who has been named as a perpetrator in a case
classified
as a central registry case under the child protection
law,
1975 PA 238, MCL 722.621 to 722.638.
(5) (6)
The substance abuse testing
authorized and required by
this section does not apply to an individual 65 years old or older.
(6) For purposes of this section only, "reasonable suspicion"
includes, but is not limited to, 1 or more of the following:
(a) Visible intoxication of the recipient.
(b) A substance abuse-related conviction.
(c) Information that a recipient is engaged in conduct
proscribed under part 74 of the public health code, 1978 PA 368,
MCL 333.7401 to 333.7461.
(d) Other signs of substance abuse.
Sec. 57p. (1) Beginning April 1, 2007, any Any month
in which
any
either of the following occur occurs shall
not be counted
toward the cumulative total of 48 months in a lifetime for family
independence program assistance:
(a)
The recipient has been temporarily exempted from work
first
the JET program under section 57f(3)(g) 57f(3) and
(4).
(b)
The recipient is employed and meeting the requirements of
his
or her family self-sufficiency plan. A parent or caretaker has
a documented claim of threatened or actual domestic violence,
against himself or herself or his or her dependent child, that can
reasonably be expected to interfere with work requirements.
(c)
The unemployment rate in the county in which the recipient
resides
is 25% above the state average for unemployment.
(d)
Compliance with certain family independence program
requirements
are waived under section 56i(1)(c).
(2)
This section does not apply after September 30, 2011.
Sec. 57r. (1) Beginning October 1, 2007, if
the department
determines that an individual is eligible to participate in the
work
first JET program and resides in a county in which a jobs,
education
and training (JET) the JET program is available, family
independence program assistance shall be paid to that individual
for not longer than a cumulative total of 48 months during that
individual's
lifetime. If the recipient is meeting all the
requirements
outlined in his or her family self-sufficiency plan,
has
not received more than 2 penalties under section 57g after
October
1, 2007, has not received any penalties under section 57g
in
the preceding 12 months, and labor market conditions or
employment
barriers prevent employment placement, the recipient may
apply
to the department for an extension of family independence
assistance
benefits for a period not to exceed 12 months over the
48-month
cumulative lifetime total. Nothing in this subsection
prevents
the department from providing assistance to individuals
who
are determined to be exempt from work first participation under
section
57f.
(2)
This section does not apply after September 30, 2011.
Sec. 57u. (1) The department shall provide a report of
exemptions under section 57f by district office and by criteria.
(2) The department shall provide a report by district office
on the number of sanctions issued, the number of compliance
exceptions granted, and the success rate of recipients given the
compliance exception under section 57g.
(3) The department shall require district managers to track
performance of caseworkers with regard to sanctions under section
57g.
(4) The department shall require reporting by county office on
referrals
to nonprofit rehabilitation organizations under section
57b
the medical review team and the following:
(a) Referrals pending less than 90 days.
(b) Referrals pending 90 to 180 days.
(c) Referrals pending 180 to 365 days.
(5) The department shall require a quarterly report on cases
in which the recipient has applied for supplemental security income
under section 57b as follows:
(a) The number of cases assessed.
(b)
The number of cases referred to work first the JET
program.
(c) The number of cases placed in subsidized employment.
(d) The number of cases referred to legal services advocacy
programs and the number of cases granted supplemental security
income.
(6) The department shall report the progress of the plan
required under section 57q and its implementation progress annually
by April 1.
(7) Except for the reporting requirement provided in
subsection (6), all the reports required under this section shall
be provided on a quarterly basis to all of the following:
(a) The senate and house standing committees dealing with
appropriations for human services.
(b) The senate and house fiscal agencies.
(c) The majority leader of the senate and the speaker of the
house of representatives.
Enacting section 1. Sections 57a, 57h, 57k, 57o, and 57t of
the social welfare act, 1939 PA 280, MCL 400.57a, 400.57h, 400.57k,
400.57o, and 400.57t, are repealed.