HB-4482, As Passed House, March 27, 2007
March 20, 2007, Introduced by Reps. Clack, Hammon, Cushingberry, Hammel, Constan, Vagnozzi, Jackson, Robert Jones, Sheen, Hoogendyk, Leland and Gonzales and referred to the Committee on Families and Children's 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), section
57d as amended by 2005 PA 323 and section 57g as amended by 2006 PA
468.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
57d. (1) The department and or
the department of labor
and
economic growth shall may conduct joint weekly orientation
sessions
for family independence assistance applicants. no less
frequently
than weekly. After the 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 is might be
eligible for family independence assistance and is not exempt from
work first participation under section 57f, that individual shall
attend
a joint orientation session. After completion of the
orientation,
the participate in assigned
work-related activities.
The individual, the department, and a work first representative
shall develop the family's family self-sufficiency plan in
accordance with section 57e.
(2)
If the individual an
applicant who is not exempt from work
first participation under section 57f fails to cooperate with work
first or other required employment and training activities, the
family is ineligible for family independence assistance.
(3) The department shall impose penalties under section 57g if
the
individual a recipient fails to comply with any of the
following:
(a) Work first activities.
(b) Employment and training activities.
(c) Child support requirements.
(4) The department shall impose penalties under section 57g if
the individual fails to comply with the individual's family self-
sufficiency plan's requirements.
(5) If the individual is complying with the family self-
sufficiency plan, the department, a work first representative, and
the recipient shall revise the family self-sufficiency 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.
(6) The department shall reassess the recipient's eligibility
for family independence assistance not later than 24 months after
the date the application for family independence assistance was
approved. At the time of a reassessment under this subsection, the
recipient shall meet with his or her department caseworker and work
first program caseworker and redevelop the family self-sufficiency
plan.
Sec. 57g. (1) The 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
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 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 department shall determine if good
cause for noncompliance exists. The 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 subsections (1) to (8),
"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 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 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) The 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.
(9) Subsections (1) to (8) do not apply after March 31, 2007.
Subsections (10) to (15) apply beginning April 1, 2007.
(10) Beginning April 1, 2007, if a recipient does not meet his
or her individual family self-sufficiency plan requirements and is
therefore noncompliant, the department shall impose the penalties
described under this section. The department shall implement a
schedule of penalties for instances of noncompliance as described
in this subsection. The penalties shall be as follows:
(a)
For the first instance of noncompliance, the recipient
family is ineligible to receive family independence program
assistance for not less than 3 calendar months.
(b)
For the second instance of noncompliance, the recipient
family is ineligible to receive family independence program
assistance for not less than 3 calendar months.
(c)
For the third instance of noncompliance, the recipient
family is ineligible to receive family independence program
assistance for 12 calendar months.
(11)
For the purposes of this section subsections (10) to
(15), "noncompliance" means 1 or more of the following:
(a) A recipient quits a job.
(b) A recipient is fired for misconduct or absenteeism.
(c) A recipient does not participate in work first activities.
(d) A recipient is noncompliant with his or her family self-
sufficiency plan.
(12) If the family independence specialist caseworker and the
work first program caseworker agree that good cause exists for the
recipient's noncompliance, a penalty shall not be imposed. For the
purpose of this subsection, good cause is 1 or more of the
following:
(a) The recipient suffers from a temporary debilitating
illness or injury or an immediate family member has a debilitating
illness or injury and the recipient is needed in the home to care
for the family member.
(b) The recipient lacks child care as described in section
407(e)(2) of the personal responsibility and work opportunity
reconciliation act of 1996, Public Law 104-193, 42 USC 607(e)(2).
(c) Either employment or training commuting time is more than
2 hours per day or is more than 3 hours per day when there are
unique and compelling circumstances, such as a salary at least
twice the applicable minimum wage or the job is the only available
job placement within a 3-hour commute per day, not including the
time necessary to transport a child to child care facilities.
(d) Transportation is not available to the recipient at a
reasonable cost.
(e) The employment or participation involves illegal
activities.
(f) The recipient is physically or mentally unfit to perform
the job, as documented by medical evidence or by reliable
information from other sources.
(g) The recipient is illegally discriminated against on the
basis of age, race, disability, gender, color, national origin, or
religious beliefs.
(h) Credible information or evidence establishes 1 or more
unplanned or unexpected events or factors that reasonably could be
expected to prevent, or significantly interfere with, the
recipient's compliance with employment and training requirements.
(i) The recipient quit employment to obtain comparable
employment.
(13) For all instances of noncompliance resulting in
termination of family independence assistance for any period of
time described in subsection (10), the period of time the recipient
is ineligible to receive family independence program assistance
applies toward the recipient's 48-month cumulative lifetime total.
(14) Beginning April 1, 2007, for the first instance that a
family independence specialist caseworker determines a recipient to
be noncompliant, all of the following shall occur:
(a) The department shall notify the recipient in writing
within 3 business days of determining that the recipient is
noncompliant. The notification shall include all of the following:
(i) The reason the recipient has been determined to be
noncompliant.
(ii) The penalty that will be imposed for the noncompliance.
(iii) An opportunity for the recipient to meet in person with
the family independence specialist caseworker within 10 business
days of the determination that the recipient is noncompliant.
(b) If the recipient meets with a family independence
specialist caseworker within 10 business days, the family
independence specialist caseworker and the recipient shall review
and modify the family self-sufficiency plan as determined necessary
by the family independence specialist caseworker. The family
independence specialist caseworker shall discuss and provide an
official warning regarding penalties that shall be imposed if the
recipient continues to be noncompliant. The family independence
specialist caseworker shall inform the recipient that he or she
must verify compliance with his or her family self-sufficiency plan
within 10 business days.
(c) If the recipient fails to meet with the family
independence specialist caseworker within 10 business days of the
determination that the recipient is noncompliant, the recipient is
subject to the provisions of subsection (10)(a).
(d) If the recipient fails to verify compliance under
subdivision (b), the recipient is subject to the provisions of
subsection (10)(a).
(15) The meeting described in subsection (14) is only
available for the first time a family independence specialist
caseworker determines the recipient to be noncompliant regardless
of whether that recipient becomes subject to the provisions of
subsection (10)(a).
(16) This section does not apply after September 30, 2011.