November 10, 2005, Introduced by Senator CLARK-COLEMAN and referred to the Committee on Families and Human Services.
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
eligible for family independence assistance, that individual shall
attend
a joint orientation session as a condition of eligibility
prior
to receipt of before
receiving 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.