Bill Text: MI HB4041 | 2015-2016 | 98th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Human services; services or financial assistance; family independence assistance program group's compliance with compulsory school attendance; require in order to receive assistance. Amends sec. 57b of 1939 PA 280 (MCL 400.57b).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-06-16 - Assigned Pa 56'15 With Immediate Effect [HB4041 Detail]

Download: Michigan-2015-HB4041-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4041

 

January 21, 2015, Introduced by Rep. Pscholka 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 57b (MCL 400.57b), as amended by 2011 PA 131.

 

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) Meets any other eligibility criterion 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 JET 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 JET PATH program and a referral to the JET PATH

 

program.

 

     (b) A determination that the recipient is exempt from JET 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 JET 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) 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. 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.

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