Bill Text: MI SB1085 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Human services; services or financial assistance; assistance information and booklets; require to include information on paternity exemption options. Amends sec. 57e of 1939 PA 280 (MCL 400.57e) & adds sec. 24a. TIE BAR WITH: SB 1086'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-09-05 - Referred To Committee On Families, Seniors And Human Services [SB1085 Detail]

Download: Michigan-2017-SB1085-Introduced.html

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SENATE BILL No. 1085

 

 

September 5, 2018, Introduced by Senators JONES, HOPGOOD, GREGORY, ANANICH, EMMONS and GREEN 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 section 57e (MCL 400.57e), as amended by 2011 PA 131,

 

and by adding section 24a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 24a. (1) The department must include the claim of good

 

cause form (DHS 2169) in an application for assistance under this

 

act.

 

     (2) In the application for assistance, the claim of good cause

 

form must appear before any question pertaining to the father of

 

the applicant's child for the purpose of establishing paternity,

 

obtaining child support, or both.

 

     (3) All of the following regarding good cause must be included

 

in an application for assistance:

 

     (i) The definition of good cause as defined in section 57g(5).

     (ii) Information explaining that if an exemption from

 

complying with applicable child support requirements including

 

efforts to establish paternity and assign or obtain child support

 

based on good cause is requested and denied, the applicant has the

 

right to withdraw the application for assistance. The department

 

shall mail to the applicant, not later than 30 days after the

 

determination is made that the request for a good cause exemption

 

is denied, a consent form that requires the applicant's signature

 

in order to proceed or cancel the application process. The consent

 

form must be returned to the department within 30 days after the

 

date of the letter denying the good cause exemption.

 

     (iii) Information explaining that if the applicant or

 

recipient chooses to withdraw the application for assistance, the

 

child support specialist shall not provide the county prosecutor

 

with information for the purpose of establishing paternity,

 

obtaining child support, or both.

 

     (iv) Information about the duration of an exemption from

 

compliance described in subparagraph (ii), if granted, based on the

 

redetermination requirement for each form of assistance.

 

     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 PATH program participation to be included in the

 

family self-sufficiency plan being developed by the department, the

 

Michigan economic development corporation workforce development

 

agency 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 PATH program or are exempt from JET PATH 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 PATH 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 PATH 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 PATH program

activities, education or training, community service activities, or

 

self-improvement activities, as determined appropriate by the

 

department.

 

     (d) The Except as provided in section 57g(5), 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 use disorder to participate

 

in substance abuse use disorder 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 PATH 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 ensure

 

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.

 

     (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.

 

     (j) Information regarding sanctions that shall be imposed

 

under section 57g for noncompliance.

 

     (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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.1086                                  

 

          of the 99th Legislature is enacted into law.