SB-0893, As Passed Senate, December 1, 2005

SUBSTITUTE FOR

SENATE BILL NO. 893

(As amended, December 1, 2005)

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 43 and 57g (MCL 400.43 and 400.57g), section

57g as amended by 2001 PA 280.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 43. (1) <<All >>

assistance granted under this act shall be reconsidered from time

to time  , or as frequently as may be required by the state

department. <<After >>

further investigation by the county department,  of social welfare,

the amount and manner of giving assistance may be changed, or the

assistance may be withdrawn if the state department finds the

recipient's circumstances have changed sufficiently to warrant

such  that action.  It shall be within the power of the  The state

department may, at any time,  to cancel and revoke assistance for

cause, and it may for cause suspend payments for assistance as it

may deem  considers proper, subject to appeal and hearing by the

recipient as provided for in section 9. The provisions of this

section shall be mandatory only with respect to  old age  cash

assistance  , aid to dependent children, aid to the blind, aid to

the permanently and totally disabled or any other function

financed in whole or in part by federal funds.

     (2) The department shall make educational and informational

materials available to recipients relating to adoption.

     Sec. 57g. (1)  The family independence agency shall develop a

system of penalties to be imposed if a recipient fails to comply

with applicable rules or the provisions of this section. Penalties

may be cumulative and may include reduction of the grant, removal

of an individual from the family independence assistance group, and

termination of assistance to the family.  The department shall

develop a system of penalties to comply with applicable rules or

the provisions of this section. If a recipient demonstrates

noncompliance or does not meet the recipient's family independence

plan expectations, the department shall impose a penalty as

follows:

     (a) For the first instance of noncompliance or failure to meet

an expectation in the family independence plan, the recipient is

ineligible for family independence program assistance for not less

than 1 calendar month.

     (b) For the second instance of noncompliance or failure to

meet an expectation in the family independence plan, the recipient

is ineligible for family independence program assistance for not

less than 2 calendar months.

     (c) For the third instance of noncompliance or failure to meet

an expectation in the family independence plan within a 24-month

period, the recipient is ineligible for family independence program

assistance for not less than 24 calendar months.

     (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 control of a recipient.

     (3) Recipients who are willing to participate in activities

leading to self-sufficiency but who require 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.

     (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 good cause is not determined to exist,

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 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 requirements, the family independence agency may

impose a penalty.

(6)  (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  or failure to

meet an expectation in the family independence plan subject to the

provisions in subsection (1), 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  a penalty is imposed under this section, the  family

independence agency  department 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 test" during the penalty period.

(7)  (8) The  family independence agency  department shall

submit a report  for the period between February 1, 2002 and

December 31, 2002  annually 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.

     (8) Any recipient who is not exempt from work first

participation under section 57f may receive family independence

assistance for not longer than a cumulative total of 48 months

during that individual's lifetime. If the recipient is meeting all

Senate Bill 893 as amended December 1, 2005

the requirements outlined in his or her family independence plan

and labor market conditions or employment barriers prevent

employment placement, a recipient may apply to the department for

an extension of family independence assistance benefits for a

period not to exceed 12 months over the 48-month cumulative

lifetime total.

<<(9) AFTER TERMINATION OF FAMILY INDEPENDENCE ASSISTANCE BENEFITS FOR NONCOMPLIANCE, FAILURE TO MEET AN EXPECTATION LISTED IN THE FAMILY INDEPENDENCE PLAN DESCRIBED IN SUBSECTION (1), OR REACHING THE 48-MONTH LIFETIME CUMULATIVE TOTAL ALLOWABLE UNDER SUBSECTION (8), THE DEPARTMENT SHALL PROVIDE INFORMATION TO THE RECIPIENT ON OBTAINING FOOD ASSISTANCE, ASSISTANCE UNDER THE WOMEN, INFANTS, AND CHILDREN PROGRAM, FREE AND REDUCED LUNCHES, EARNED INCOME TAX  CREDIT, AND ANY OTHER RELEVANT PROGRAM OR SERVICE THE DEPARTMENT DETERMINES MAY ASSIST THE FAMILY.>>