HB-5441, As Passed House, December 13, 2005

HOUSE SUBSTITUTE FOR SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5441

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 57g (MCL 400.57g), as amended by 2001 PA 280.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 57g. (1) The  family independence agency  department

shall develop a system of penalties to be imposed if a recipient

fails to comply with applicable rules or the provisions of this

section  act related to family independence program benefits and

work first compliance. Penalties may be cumulative and may include

reduction of the grant, removal of  an individual  the recipient

from the family independence assistance group, and termination of

assistance to the family.

     (2) A penalty shall not be imposed if the recipient has

demonstrated that there was good cause for failing to comply. The

family independence agency  department shall determine the

circumstances that constitute good cause based on factors that are

beyond the recipient's control.  of a recipient.

     (3)  Recipients who are  A recipient who is willing to

participate in activities leading to self-sufficiency but who

require  requires child care or transportation in order to

participate shall not be penalized if the  family independence

agency  department determines that child care or transportation is

not reasonably available or provided to  them  him or her.

     (4) The system of penalties developed under subsection (1)

shall include both of the following:

     (a) Family independence program benefits shall be terminated

if a recipient fails, without good cause, to comply with applicable

child support requirements including efforts to establish paternity

and obtain child support. The assistance group is ineligible for

family independence program assistance for not less than 1 calendar

month. After assistance has been terminated for not less than 1

calendar month, assistance may be restored if the noncompliant

recipient complies with child support requirements including the

action to establish paternity and obtain child support.

     (b) For any instance of noncompliance, before determining that

a penalty shall be imposed, the  family independence agency

department shall determine if good cause for noncompliance exists.

The  family independence agency  department shall notify the

recipient that he or she has 10 days to demonstrate good cause for

noncompliance. If the department determines that good cause  is not

House Bill No. 5441 (H-3) as amended December 13, 2005

determined to  does not exist for the noncompliance, assistance

shall be terminated. [After termination, the assistance group is

ineligible for family independence program assistance for not less

than 1 calendar month.]

     (5) For the  purposes  purpose of this section,

"noncompliance" means 1 or more of the following:

     (a) A recipient quits a job.

     (b) A recipient is fired for misconduct or for absenteeism

without good cause.

     (c) A recipient voluntarily reduces the hours of employment or

otherwise reduces earnings.

     (d) A recipient does not participate in work first activities.

     (6) If a recipient does not meet the recipient's individual

social contract  family self-sufficiency plan requirements, the

family independence agency may  department shall impose a penalty.

     (7) After termination for noncompliance, the assistance group

is ineligible for family independence program assistance for not

less than 1 calendar month. After assistance has been terminated

for not less than 1 calendar month, family independence program

assistance may be approved if the recipient completes a willingness

to comply test. For purposes of this section, "willingness to

comply" means participating in work first or other self-sufficiency

activities for up to 40 hours within 10 working days. At the time

any penalty is imposed under this section, the family independence

agency shall provide the recipient written notice of his or her

option to immediately reapply for family independence program

benefits and that he or she may complete a "willingness to comply

House Bill No. 5441 (H-3) as amended December 13, 2005

test" during the penalty period.

     (8) The family independence agency shall submit a report for

the period between February 1, 2002 and December 31, 2002 to the

legislature, the house and senate fiscal agencies, and the

appropriate house and senate standing committees that handle family

and children's issues, that contains all of the following

information for that time period:

     (a) The number of sanctions imposed and reapplications made.

     (b) The number of family independence program cases reopened.

     (c) The number of referrals to emergency shelters by the

department.

     (d) The number of sanctions imposed on families with at least

1 disabled parent.

     (e) The number of sanctions imposed on families with disabled

children.

[(7) The department shall implement a schedule of sanctions for

instances of noncompliance as described in this subsection.  After

termination of family independence program assistance the penalty shall

be as follows:

     (a) For the first instance of noncompliance, the recipient is

ineligible for family independence program assistance for not less than 3

calendar months.

     (b) For the second instance of noncompliance, the recipient is

ineligible for family independence program assistance for not less than 3

calendar months.

     (c) For a third instance of noncompliance in a 24-month period, the

recipient is ineligible for family independence program assistance for

House Bill No. 5441 (H-3) as amended December 13, 2005

not less than 24 calendar months.

     (8) For all instances of noncompliance resulting in termination of

family independence assistance for any period of time, both of the

following apply:

     (a) Family independence program assistance may be approved to begin

at the conclusion of the sanction period if the recipient attends a joint

meeting with his or her family independence specialist caseworker and a

work first program caseworker and the family self-sufficiency plan is

reviewed, modified as necessary, and approved by the family independence

specialist caseworker and the work first program caseworker.  The

reevaluation required under this subdivision shall include a discussion

and official warning regarding sanctions that may be imposed for future

instances of noncompliance.

     (b) The period of time the recipient is ineligible to receive family independence program assistance applies toward the recipient’s 48-month cumulative lifetime total.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5439 of the 93rd Legislature is enacted into law.]