June 14, 2012, Introduced by Rep. Olumba 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 57e and 57g (MCL 400.57e and 400.57g), as
amended by 2011 PA 131; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 group with the
details of JET program participation to be included in the family
self-sufficiency plan being developed by the department, the
Michigan economic development corporation or a successor entity,
and the adult family members of the family independence program
assistance 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 group's adult members are eligible to participate in the
JET program or are exempt from 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 group and goals and
responsibilities of the members of the family independence program
assistance group, the department, and the 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 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, 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 to assign child and spousal support to the department
as required by federal law and to cooperate in 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 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.
(h) (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.
(i) (j)
Information regarding sanctions
that shall be imposed
under section 57g for noncompliance.
(j) (k)
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) Except as provided in subsection (5) (4),
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 6 calendar months.
(c) For the third instance of noncompliance, the family is
permanently ineligible to receive family independence program
assistance.
(2)
For the purposes of subsections (1) to (4), (3),
"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 voluntarily reduces employment hours or
earnings.
(d) A recipient refuses a bona fide offer of employment or
additional hours up to 40 hours per week.
(e) A recipient does not participate in JET program
activities.
(f) A recipient is noncompliant with his or her family self-
sufficiency plan.
(g) A recipient states orally or in writing his or her intent
not to comply with family independence program or JET program
requirements.
(h) A recipient refuses employment support services if the
refusal prevents participation in an employment or self-sufficiency
related activity.
(3) For any instance of noncompliance, the recipient shall
receive notice of the noncompliance. The recipient shall have not
less than a 12-day negative action period 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 JET
program caseworker 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)
For all instances of noncompliance resulting in
termination
of family independence program assistance for any
period
of time described in subsection (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.
(4) (5)
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 assign or 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.
(5) (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 other reasons for good cause under this
section.
Any rule promulgated under this subsection shall does not
apply
1 year after the effective date of the amendatory act that
added
this subsection after October
1, 2012.
Enacting section 1. Sections 57p and 57r of the social welfare
act, 1939 PA 280, MCL 400.57p and 400.57r, are repealed.