October 18, 2016, Introduced by Senator JONES 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 109m (MCL 400.57b and 400.109m),
section 57b as amended by 2015 PA 56 and section 109m as added by
2014 PA 341, and by adding section 10h.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10h. (1) If an individual meets all eligibility
requirements to receive assistance under this act and that
individual is or was a victim of human trafficking, he or she is
eligible to receive assistance under this act.
(2) An individual who provides the department with an original
certification or original eligibility letter from the Office of
Refugee Resettlement within the United States Department of Health
and Human Services is not required to provide any other immigration
documents to receive assistance.
(3) As used in this section, "victim of human trafficking"
means the individual is or was either of the following:
(a) A victim of a violation under chapter LXVIIA of the
Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
(b) A victim of trafficking under the victims of trafficking
and violence protection act of 2000, Public Law 106-386.
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, or a victim of human trafficking as defined in section
10h. If Except
for a victim of human trafficking as defined in
section 10h, 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. An individual who provides the
department with an original certification or original eligibility
letter from the Office of Refugee Resettlement within the United
States Department of Health and Human Services is not required to
provide any other immigration documents to receive family
independence program assistance.
(e) Is a resident of this state as described in section 32.
(f) Meets any other eligibility criteria 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.
(g) Is a member of a program group that meets the requirements
of subsection (6).
(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 PATH 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 PATH program and a referral to the PATH program.
(b) A determination that the recipient is exempt from PATH
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 PATH
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.
(6)
Except as provided in subsection (7), and beginning after
the
date on which the department implements the policy described in
subsection
(7), a family independence program
assistance group
shall not receive family independence program assistance if a
member of the program group does not meet the attendance
requirements of section 1561 of the revised school code, 1976 PA
451, MCL 380.1561, with respect to a child under the age of 16.
Except
as provided in subsection (7), and beginning after the date
on
which the department implements the policy described in
subsection
(7), if a member of the program
group does not meet the
attendance requirements of section 1561 of the revised school code,
1976 PA 451, MCL 380.1561, with respect to a child age 16 and
above, the child shall be removed from the program group. The
department shall implement policies in accordance with this
subsection that are effective and binding on all program groups and
are exempt from the rule promulgation requirements of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(7)
Not later than 1 year after the effective date of the
amendatory
act that added this subsection, the The department shall
implement a policy that it must follow before terminating a family
independence program assistance group from receiving family
independence program assistance as provided in subsection (6) or
before removing a child from the program group as provided in
subsection (6). The department shall apply the policy described in
this subsection before removing a family independence program
assistance group from receiving family independence program
assistance as described in subsection (6) and before removing a
child from a family independence program assistance group as
described in subsection (6).
Sec. 109m. (1) If an individual is a victim of a human
trafficking violation, he or she may receive medical assistance
benefits for medical and psychological treatment resulting from his
or her status as a victim of that human trafficking violation.
(2) An individual who provides an original certification or
original eligibility letter from the Office of Refugee Resettlement
within the United States Department of Health and Human Services is
not required to provide any other immigration documents to receive
medical assistance.
(3) (2)
As used in this section,
"human trafficking violation"
means a violation of chapter LXVIIA of the Michigan penal code,
1931 PA 328, MCL 750.462a to 750.462h, or a violation of the
victims of trafficking and violence protection act of 2000, Public
Law 106-386.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.