STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Reps. Shaffer, Hummel, Brandenburg, Vander Veen, Pearce, Sheen, Stahl, Hune, Booher, Hansen, Palmer, Gosselin, Green, Taub, Hoogendyk, Marleau, Huizenga, Amos, Nofs, Moore, Pastor, Pavlov, Drolet, Farhat and Kooiman

ENROLLED HOUSE BILL No. 5439

AN ACT to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 57b (MCL 400.57b), as amended by 1999 PA 9.

The People of the State of Michigan enact:

Sec. 57b. (1) Subject to section 57l, an individual who meets all of the following requirements is eligible for family independence assistance:

(a) Is a member of a family or a family independence assistance group.

(b) Is a member of a program group whose income and assets are less than the income and asset limits set by the department.

(c) In the case of a minor parent, meets the requirements of subsection (2).

(d) Is a United States citizen, a permanent resident alien, or a refugee.

(e) Is a resident of this state as described in section 32.

(f) Meets any other eligibility criterion required for the receipt of federal or state funds or determined by the department to be necessary for the accomplishment of the goals of the family independence program.

(2) A minor parent and the minor parent's child shall not receive family independence assistance unless they live in an adult-supervised household. The family independence assistance shall be paid on behalf of the minor parent and child to an adult in the adult-supervised household. Child care in conjunction with participation in education, employment readiness, training, or employment programs, that have been approved by the department, shall be provided for the minor parent's child. The minor parent and child shall live with the minor parent's parent, stepparent, or legal guardian unless the department determines that there is good cause for not requiring the minor parent and child to live with a parent, stepparent, or legal guardian. The department shall determine the circumstances that constitute good cause, based on a parent's, stepparent's, or guardian's unavailability or unwillingness or based on a reasonable belief that there is physical, sexual, or substance abuse, or domestic violence, occurring in the household, or that there is other risk to the physical or emotional health or safety of the minor parent or child. If the department determines that there is good cause for not requiring a minor parent to live with a parent, stepparent, or legal guardian, the minor parent and child shall live in another adult-supervised household. A local office director may waive the requirement set forth in this subsection with respect to a minor parent who is at least 17 years of age, attending secondary school full-time, and participating in a department service plan or a teen parenting program, if moving would require the minor parent to change schools.

(3) In determining a program group's family independence assistance monthly payment standard, the department shall not take into consideration in its calculation of the payment standard the geographical area or shelter area in which the program group resides. The department shall not adjust a program group's family independence assistance payment standard based on whether a recipient is exempt from work first requirements under section 57f.

(4) The family independence assistance monthly payment standard for households in which only the eligible children are counted in determining family size, or if the grantee is receiving supplemental security income, shall be paid at an amount not to exceed the amount per family size listed as follows:

Family Size Grant Level

1 $137.00

2 $266.00

3 $411.00

4 $548.00

5 $704.00

6 $843.00

7 $925.00

(5) For all other individuals eligible to receive family independence assistance, the family independence assistance monthly payment standard shall be paid at an amount not to exceed the amount per family size listed as follows:

Family Size Grant Level

1 $290.00

2 $386.00

3 $474.00

4 $578.00

5 $674.00

6 $807.00

7 $883.00

(6) For the purposes of determining the payment standard under subsections (4) and (5), for a family of 8 or more, the payment standard is increased by $79.00 for each additional family member over 7.

(7) The department may contract with a nonprofit organization to assist recipients with the process for applying for supplemental security income.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5441 of the 93rd Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor