Bill Text: MI SB0752 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Human services; services or financial assistance; benefit eligibility after marriage; allow to extend for a certain period of time. Amends secs. 57, 57a & 57b of 1939 PA 280 (MCL 400.57 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 574'18 12/31/18 Addenda [SB0752 Detail]
Download: Michigan-2017-SB0752-Engrossed.html
SB-0752, As Passed House, December 20, 2018
HOUSE 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, except as provided in
section 57a(6).
(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 former 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) Except as provided in subsections (6) and (7), when
determining financial eligibility for family independence program
assistance, the department shall disregard the income of a new
parent or new stepparent, who becomes a new program group member as
the result of marriage, from 1 month after the date of the marriage
until 18 months after that date unless the income disregard results
in a decrease of eligible assistance. Disregard of a new parent's
or new stepparent's income only applies if the program group's
income and assets do not exceed twice the income and asset limits
set by the department.
(6) A new parent or stepparent described in subsection (5) and
his or her children shall not be included in determining an
increase in the size of the recipient's program group. If the
recipient wishes to increase the size of his or her program group
as a result of marriage, he or she may choose to reject the income
disregard described in subsection (5). If the recipient rejects the
income disregard described in subsection (5), his or her new spouse
and the spouse's children, as determined by the department under
federal rules and regulations, may be included in determining the
size of the recipient's program group.
(7) The income disregard described in subsection (5) and
section 57b(1)(b) only applies if the department receives approval
from the federal government to implement this program.
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. Except
as provided in section 57a(6) and (7), when determining a program
group's income and assets, the department shall disregard the
income and assets of a new parent or new stepparent, who becomes a
new program group member as the result of marriage, from 1 month
after the date of the marriage until 18 months after that date
unless the income and assets disregard results in a decrease of
eligible assistance. The disregard of a new parent's or new
stepparent's income and assets only applies if the program group's
income and assets do not exceed twice 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 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, 2020.
