SB-0892, As Passed House, December 8, 2005
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 892
(As amended December 8, 2005)
[A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 57f (MCL 400.57f), as amended by 2001 PA 280,
and by adding sections 57s, 57t, 57u, and 57v.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
57f. (1) The family independence agency department
shall
enter into an agreement with the department of career
development
labor and economic growth in order to facilitate the
administration
of work first. The family independence agency shall
make
information on the program available to the legislature. The
department shall track all family independence program recipients
by social security number so that tracking information is traceable
for a recipient's lifetime. The department of labor and economic
growth shall track work first participants by social security
number and the recipient's job status for a period of not less than
1 year after job placement. This information shall be shared
between the department and the department of labor and economic
growth. Information tracked under this subsection shall be provided
to the legislature, standing committees, and appropriations
committees during the annual budget review. At the time the
department or the department of labor and economic growth opens a
case on a recipient, the department and the department of labor and
economic growth shall use the same case number previously used for
the recipient and shall not assign a new case number if the
recipient has previously received assistance or participated in
work first. The department and the department of labor and economic
growth shall develop individual program goals and measurable
performance indicators to be reviewed for success or failure
annually. The annual success or failure rates shall be reported to
the legislature. One individual program goal developed under this
subsection shall be a state goal for the percentage of the family
independence program caseload involved in employment activities to
be developed jointly by the department and the department of labor
and economic growth. The state goal for the percentage of the
family independence program caseload involved in employment
activities developed under this subsection shall not be less than
50% of the family independence program caseload. On a quarterly
basis, the department shall report to the appropriations
subcommittees on the department of human services in the senate and
house, the senate and house fiscal agencies, and the senate and
house policy staffs the current percentage of the family
independence program caseload involved in employment activities. If
the family independence program caseload percentage is below the
goal for more than 2 consecutive quarters, the department shall
develop a plan for increasing the family independence program
caseload percentage involved in employment-related activities. The
department shall deliver the plan during the following annual
budget presentations to the appropriations subcommittees on the
department of human services in the senate and house.
(2) Except as otherwise provided in subsection (3), every
member of a family independence assistance group shall be referred
to and shall participate in work first. The particular activities
in which the recipient is required or authorized to participate,
the number of hours of work required, and other details of work
first
shall be developed by the department of
career development
labor
and economic growth and the family
independence agency
department
and shall be set forth in the
recipient's social
contract
family self-sufficiency plan. If a recipient has
cooperated with work first, the recipient may enroll in a program
approved by the local workforce development board. Any and all
training
or education with the exception of
high school completion
an English as a second language program, a fast track literacy
program, high school completion, and GED preparation must be
occupationally relevant and in demand in the labor market as
determined
by the local workforce development board. and may be no
more
than 2 years in duration. Participants must make satisfactory
progress
while in training or education. If
a recipient does not
have a high school diploma or GED or has reading proficiency at the
Senate Bill No. 892 (H-1) as amended December 8, 2005
eighth grade level or lower[, ]
the recipient must enroll in 1 or more of the following, if the
service is available:
(a) An English as a second language program.
(b) A fast track literacy program.
(c) A high school completion course.
(d) A GED preparation course.
(3) The following individuals are exempt from participation in
work first:
(a) A child under the age of 16.
(b) A child aged 16 or older, or a minor parent, who is
attending elementary or secondary school full-time.
(c)
The parent of a child under the age of 3 months. The
family
independence agency may department
shall require a parent
exempted from participation in work first under this subdivision to
participate in family services, including, but not limited to,
marriage and fatherhood classes or counseling, instruction in
parenting, nutrition, abstinence-based family planning, and child
development beginning 6 weeks after the birth of his or her child
until
the child is 3 months old as fulfillment of that parent's
social
contract family self-sufficiency
plan obligation under
section 57e(1)(c).
(d) An individual aged 65 or older.
(e) A recipient of supplemental security income. An individual
who is applying for supplemental security income is not
automatically exempt from participation in work first during the
application process for supplemental security income.
Senate Bill No. 892 (H-1) as amended December 8, 2005
(f) An individual who meets 1 or more of the following
criteria to the extent that the individual, based on written
medical
evidence verification
provided by a physician,
psychiatrist,
or psychologist and an assessment of
need by the
family
independence agency department, is severely restricted in
his or her ability to participate in employment or training
activities:
(i) A recipient of social security disability, or medical
assistance due to disability or blindness.
(ii) An individual suffering from a physical or mental
impairment that meets federal supplemental security income
disability standards, except that no minimum duration is required.
(iii) The spouse of an individual described in subparagraph (i)
or (ii) who is the full-time caregiver of that individual.
(iv) A parent or caretaker of a child who is suffering from a
physical or mental impairment that meets the federal supplemental
security income disability standards, except that no minimum
duration is required.
(4) In addition to those individuals exempt under subsection
(3), the family independence agency may grant a temporary exemption
from participation in work first, not to exceed 90 days, to [an
] individual who is suffering from a documented short-
term mental or physical illness, limitation, or disability that
severely restricts his or her ability to participate in employment
Senate Bill No. 892 (H-1) as amended December 8, 2005
or training activities as documented in writing by a physician,
psychiatrist,
or psychologist. An individual with a documented
mental or physical illness, limitation, or disability as described
in this section that does not severely restrict his or her ability
to participate in employment or training activities shall be
required to participate in work first at a medically permissible
level.
(5) The work first caseworker, in his or her discretion, may
authorize either of the following:
(a) A recipient's request to enroll in education or training
and count up to 20 hours per week of that education or training
toward his or her 40-hour-per-week work requirement. The 20 hours
per week of education and training allowed in this subsection shall
be counted toward the 40-hour-per-week work requirement for not
longer than a cumulative total of 24 months in the recipient's
lifetime. The education or training course requirements and
responsibilities, including, but not limited to, [90%] attendance,
performance, and [at least a 2.5] grade point average, shall be outlined
in
the recipient's family self-sufficiency plan's expectations
section.
(b) A recipient's exemption from work first work requirements
for a maximum of 6 months in the client's lifetime if the recipient
is able to demonstrate that there is a current demand for workers
with the education or training the recipient is seeking. The
education or training course requirements and responsibilities,
including, but not limited to, attendance, performance, and grade
point average, shall be outlined in the recipient's family self-
sufficiency plan's expectations section. A recipient under this
subdivision shall meet with his or her work first caseworker not
less than 1 time every 45 days. If he or she is not in compliance
or meeting the expectations outlined in his or her family self-
sufficiency plan, the recipient is prohibited from using education
or training toward his or her 40-hour-per-week work requirement.
(6) A recipient participating in education or training to meet
the 40-hour-per-week work requirement shall meet with his or her
work first caseworker not less than 1 time every 45 days. If the
recipient is not in compliance with or meeting the expectations
outlined in his or her family self-sufficiency plan, the recipient
is prohibited from using education or training toward his or her
40-hour-per-week work requirement.
(7) (5)
An individual is not disabled for purposes of this
section if substance abuse is a contributing factor material to the
determination of disability.
Sec. 57s. If a recipient is unable to find employment or be
placed by the work first program into a job and therefore is not
fulfilling his or her obligation to participate in work first, that
recipient shall participate in training or counseling for not less
than 10 hours per week in any of the following areas considered
relevant and appropriate by the work first caseworker: marriage,
fatherhood, parenting, self-improvement, substance abuse, or
volunteer activities.
Sec. 57t. Each local work first program shall provide a report
to the house and senate appropriations subcommittee on the
department budget during the annual budget review by March 31 each
Senate Bill No. 892 (H-1) as amended December 8, 2005 (1 of 2)
year that includes, at a minimum, all of the following:
(a) The number and percentage of work first participants
achieving personal development plan goals.
(b) The number and percentage of work first participants
placed in employment.
(c) The number and percentage of work first participants
placed in employment who remain employed for a period of 180 days
or more.
(d) The number and percentage of work first participants whose
cases are closed due to earnings.
(e) The number and percentage of work first participants
enrolled in a 2-year or 4-year educational program with information
on the degree programs enrolled in and the local work first
program's participants' graduation rate.
(f) The number and percentage of work first participants
participating in a fast track literacy program and the local work
first program's participants' success rate in this program.
(g) The number and percentage of work first participants
participating in a high school completion program or a general
education development (GED) program and the local work first
program's participants' graduation rate.
[Sec. 57u. In granting contracts to work first providers, the department of labor and economic growth may use incentives in contracts or may require performance-based measures in payment of contracts.
Sec. 57v. the department shall submit a report once every 90 days
to the legislature, the house and senate fiscal agencies, the appropriate house and senate standing committees that handle family and children's issues, and the house and senate appropriations subcommittees for the department budget, that contains all of the following information by district office for that time period:
(a) The number of sanctions imposed for first instances of noncompliance and reapplications made.
(b) The number of sanctions imposed for second instances of noncompliance and reapplications made.
(c) The number of Sanctions imposed for third instances of noncompliance.
(d) The number of family independence program cases reopened.
Senate Bill No. 892 (H-1) as amended December 8, 2005 (2 of 2)
(e) The number of family independence program cases permanently closed.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are enacted into law:
(a) Senate Bill No. 893.
(b) Senate Bill No. 894.
(c) House Bill No. 5438.
(d) House Bill No. 5439.
(e) House Bill No. 5440.
(f) House Bill No. 5441.
(g) House Bill No. 5442.]