March 10, 2011, Introduced by Reps. Tyler, Kurtz, Horn, 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, Poleski, Pettalia, 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 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 licensing and
regulatory
affairs 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
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
licensing and regulatory affairs 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) 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.
(e) 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.
(f) A recipient unable to participate as determined by the
medical review team.
(g) A recipient aged 65 or older.
(h) A recipient of supplemental security income.
(i) 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 the JET
program, not to exceed 90 days,
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.
(b) A parent or caretaker with 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 JET program requirements.
(c) A parent with a child under the age of 2 months up to 2
months if that child is in the home or a mother for postpartum
recovery up to 2 months after giving birth if that child is not in
the home.
(d) A recipient who lacks child care that is appropriate, that
is a reasonable distance from his or her home or work site, that is
with a suitable provider, or that is affordable, if the recipient
can provide documentation for the exemption under this subdivision.
(e) A pregnant recipient who, based on medical evidence, is
severely restricted in her ability to participate in JET program
activities for the duration of the pregnancy.
(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.