SB-0894, As Passed Senate, December 1, 2005

SUBSTITUTE FOR

SENATE BILL NO. 894

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 57d and 57g (MCL 400.57d and 400.57g), as

amended by 2001 PA 280.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 57d. (1) The department and the department of  career

development and the family independence agency  labor and economic

growth shall conduct joint orientation sessions for family

independence assistance applicants no less frequently than weekly.

After the  family independence agency  department makes an initial

determination that an adult or a child aged 16 or older who is not

attending elementary or secondary school full-time  might be  is

eligible for family independence assistance, that individual shall

attend a joint orientation session.  as a condition of eligibility

prior to receipt of family independence assistance. After

completion of the orientation, the individual and the  family

independence agency  department shall develop the family's  social

contract  family independence plan in accordance with section 57e.

     (2) The joint orientation sessions required under subsection

(1) shall include an initial assessment of the family independence

assistance applicant. The initial assessment shall include, at a

minimum, literacy and skills determination, job readiness

assessment, basic skills identifier, and mental or physical

barriers or disability assessment.

     (3) The joint orientation sessions required under subsection

(1) shall include basic life skills orientation to prepare the

individual for employment. If it is determined in the initial

assessment required under subsection (2) that the individual does

not have the basic life skills required to maintain employment, the

individual shall be immediately referred for further assessment and

training or education in basic life skills.

(4)  (2) If the individual fails to cooperate with work first

joint orientation or other required employment and training

activities, the family is ineligible for family independence

assistance.

(5)  (3) The  family independence agency  department shall

impose penalties under section 57g if the individual fails to

comply with any of the following:

     (a) Work first activities.

     (b) Employment and training activities.

     (c) Child support requirements.

(6)  (4) The  family independence agency may  department

shall impose penalties under section 57g if the individual fails to

comply with the individual's  social contract  family independence

plan's requirements.

(7)  (5) If the individual is complying with the  social

contract  family independence plan, the  family independence agency

department and the recipient shall revise the  social contract

family independence plan if necessary and the family independence

assistance group shall continue to receive family independence

assistance so long as the recipients meet family independence

assistance program requirements.

     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. 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.

     (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

department may 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  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.

     (8) If a recipient receives a penalty under this section

resulting in termination from the family independence program for

30 days or more, the recipient shall attend a joint meeting with a

department family independence caseworker and a work first program

caseworker.

(9)  (8) The  family independence agency  department 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.