SB-0752, As Passed Senate, March 1, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 752

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending sections 57, 57a, and 57b (MCL 400.57, 400.57a, and

 

400.57b), section 57 as amended by 2014 PA 375, section 57a as

 

amended by 2012 PA 607, and section 57b as amended by 2015 PA 56.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 57. (1) As used in this section and sections 57a to

 

57v:57z:

 

     (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 and a full-time high school student.

 

     (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 Michigan economic development

 

corporation or a successor entity for applicants and recipients of

 

family independence program assistance or a successor program. A

 

reference to the JET program means the PATH program.

 

     (i) (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.

 

     (j) (k) "Negative action period" means the time frame a client

 

is given notice for a benefit decrease or closure of the family

 

independence program benefit.

 

     (k) (l) "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) (m) "PATH program" means the PATH: partnership.

 

accountability. training. hope. work partnership program. A

 

reference to the JET program means the PATH program.

     (m) (n) "Payment standard" means the standard upon which

 

family independence program assistance benefits are based.

 

     (n) (o) "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. Program group does not

 

include a new spouse beginning 1 month after the marriage until 18

 

months after the marriage.

 

     (o) (p) "Recipient" means an individual receiving family

 

independence program assistance.

 

     (p) (q) "Substance abuse" means that term as defined in

 

section 100d of the mental health code, 1974 PA 258, MCL 330.1100d.

 

     (q) (r) "Substance abuse treatment" means outpatient or

 

inpatient services or participation in alcoholics anonymous

 

Alcoholics Anonymous or a similar program.

 

     (r) (s) "Supplemental security income" means the program of

 

supplemental security income provided under title XVI.

 

     (2) A reference in this act to "aid to dependent children" or

 

"aid to families with dependent children" means "family

 

independence program assistance".

 

     Sec. 57a. (1) The department shall establish and administer

 

the family independence program to provide temporary assistance to

 

families who are making efforts to achieve independence. Family

 

independence program assistance is not an entitlement.

 

     (2) The department shall administer the family independence

 

program to accomplish all of the following:

 

     (a) Provide financial support to eligible families while they

pursue self-improvement activities and engage in efforts to become

 

financially independent.

 

     (b) Ensure that recipients who are minor parents live in

 

adult-supervised households in order to reduce long-term dependency

 

on financial assistance.

 

     (c) Assist families in determining and overcoming the barriers

 

preventing them from achieving financial independence.

 

     (d) Ensure that families pursue other sources of support

 

available to them.

 

     (3) The department shall establish income and asset levels for

 

eligibility, types of income and assets to be considered in making

 

eligibility determinations, payment standards, composition of the

 

program group and the family independence program assistance group,

 

program budgeting and accounting methods, and client reporting

 

requirements to meet the following goals:

 

     (a) Efficient, fair, cost-effective administration of the

 

family independence program.

 

     (b) Provision of family independence program assistance to

 

families willing to work toward eventual self-sufficiency.

 

     (4) In accordance with 42 USC 608(a)(7)(A) and 45 CFR 260.31,

 

the department shall not provide family independence program

 

assistance to any program group that includes an adult who has

 

received assistance under any state program funded with temporary

 

assistance for needy families for more than 60 months, whether or

 

not consecutive, after October 1, 1996. This subsection does not

 

apply to a program group that includes an adult who is exempt from

 

participation in the JET PATH program under section 57f(3) or

(4)(b), (e), or (f), if that adult also was exempt from

 

participation in the JET program under section 57f(3) or (4)(b),

 

(e), or (f) on the effective date of the 2012 amendatory act that

 

added this subsection. January 9, 2013. No other provision of this

 

act prohibits the department from terminating family independence

 

program assistance under this subsection.

 

     (5) The department shall exclude a new spouse's income when

 

determining financial eligibility for family independence program

 

assistance from 1 month after the date of the marriage until 18

 

months after that date if the household income does not exceed 275%

 

of the federal poverty guidelines.

 

     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. The

 

department shall exclude a new spouse's income when determining a

 

program group's income and assets from 1 month after the date of

 

the marriage until 18 months after that date if the household

 

income does not exceed 275% of the federal poverty guidelines.

 

     (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 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, June 11, 2016, 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).

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2019.