HB-5444, As Passed House, December 1, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5444

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 57, 57d, and 57e (MCL 400.57, 400.57d, and

400.57e), section 57 as added by 1995 PA 223 and sections 57d and

57e as amended by 2001 PA 280.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 57. (1) As used in this section and sections 57a to 57g:

     (a) "Adult-supervised household" means either of the

following:

     (i) The place of residence of a parent, stepparent, or legal

guardian of a minor parent.

     (ii) A living arrangement not described in subparagraph (i) that

the  family independence agency  department approves as a family

setting that provides care and control of a minor parent and his or

her child and supportive services including, but not limited to,

counseling, guidance, or supervision.

     (b) "Caretaker" means an individual who is acting as parent

for a child in the absence or because of the disability of the

child's parent or stepparent and who is the child's legal guardian,

grandparent, great grandparent, great-great grandparent, sibling,

stepsibling, aunt, great aunt, great-great aunt, uncle, great

uncle, great-great uncle, nephew, niece, first cousin, or first

cousin once-removed, a spouse of any person listed above, a parent

of the putative father, or an unrelated individual aged 21 or older

whose appointment as legal guardian of the child is pending.

     (c) "Child" means an individual who is not emancipated under

Act No. 293 of the Public Acts of 1968, being sections 722.1 to

722.6 of the Michigan Compiled Laws  1968 PA 293, MCL 722.1 to

722.6, who lives with a parent or caretaker, and who is either of

the following:

     (i) Under the age of 18.

     (ii) Age 18 or 19, a full-time high school student, and

reasonably expected to graduate from high school before the age of

20.

     (d) "Family" means 1 or more of the following:

     (i) A household consisting of a child and either of the

following:

     (A) A parent or stepparent of the child.

     (B) A caretaker of the child.

     (ii) A pregnant woman.

     (iii) A parent of a child in foster care.

     (e) "Family independence assistance" means financial

assistance provided to a family under the family independence

program.

     (f) "Family independence assistance group" means all those

members of a program group who receive family independence

assistance.

     (g) "Family independence program" means the program of

financial assistance established under section 57a.

     (h) "Minor parent" means an individual under the age of 18 who

is not emancipated under  Act No. 293 of the Public Acts of 1968

1968 PA 293, MCL 722.1 to 722.6, and who is either the biological

parent of a child living in the same household or a pregnant woman.

     (i) "Payment standard" means the standard upon which family

independence program benefits are based if the family independence

assistance group has no net income.

     (j) "Personal development plan" means a document described in

section 57e that is executed by a family in return for receiving

family independence assistance.

(k)  (j) "Program group" means a family and all those

individuals living with a family whose income and assets are

considered for purposes of determining financial eligibility for

family independence assistance.

(l)  (k) "Recipient" means an individual receiving family

independence assistance.

     (l) "Social contract" means a document described in section 57e

that is executed by a family in return for the receipt of family

independence assistance.

     (m) "Substance abuse" means that term as defined in section

6107 of the public health code,  Act No. 368 of the Public Acts of

1978, being section 333.6107 of the Michigan Compiled Laws  1978 PA

368, MCL 333.6107.

     (n) "Substance abuse treatment" means outpatient or inpatient

services or participation in alcoholics anonymous or a similar

program.

     (o) "Supplemental security income" means the program of

supplemental security income provided under title XVI.

(p)  (o) "Work first" means the program of employment and

training administered by the Michigan jobs commission  department

of labor and economic growth for applicants and recipients of

family independence assistance.

     (2) A reference in this act to "aid to dependent children" or

"aid to families with dependent children" means "family

independence assistance".

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

family independence agency  department of 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 family independence assistance. After

completion of the orientation, the individual,  and the  family

independence agency  department, and a work first representative

shall develop the family's  social contract  personal development

plan in accordance with section 57e.

     (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.

     (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.

     (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  personal development

plan requirements.

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

personal development plan, the family independence agency

department, a work first representative, and the recipient shall

revise the  social contract  personal development 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. 57e. (1) Each family receiving family independence

assistance shall execute a  social contract  personal development

plan outlining the responsibilities of members of the family

independence assistance group. The  social contract  personal

development plan shall be developed jointly by the  family

independence agency  department, a work first representative, and

the adult family members  and  of the family independence

assistance group. The department and the work first representative

shall complete a thorough assessment to facilitate development of

the personal development plan, including consideration of referral

to a life skills program, and determination as to whether the

family independence assistance group's adult members are eligible

to participate in the work first program or are exempt from work

first participation under section 57g. The personal development

plan shall identify compliance goals that are to be met by members

of the family independence assistance group and goals and

responsibilities of the members of the family independence

assistance group, the department, and the work first program. The

social contract  personal development plan shall reflect the

individual needs and abilities of the particular family, and shall

include at least all of the following:

     (a) The obligation of each adult and each child aged 16 or

older who is not attending elementary or secondary school full-time

to participate in work first unless exempt under section 57f.

     (b) The obligation of each minor parent who has not completed

secondary school to attend school.

     (c) Except as provided in section 57f(3), the obligation of

each adult to engage in employment, work first activities,

education or training, community service activities, or self-

improvement activities, as determined appropriate by the  family

independence agency  department, up to 40 hours per week.

     (d) The obligation to cooperate in the establishment of

paternity and the procurement of child support, if applicable.

     (e) The obligation of a recipient who fails to comply with

compliance goals due to substance abuse to participate in substance

abuse treatment and submit to any periodic drug testing required by

the treatment program.

     (f) Any other obligation the  family independence agency

department determines is necessary to enable the family to achieve

independence.

     (2) The  family independence agency  department shall monitor

each family's compliance with the  social contract  personal

development plan.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 5438.

     (b) House Bill No. 5439.

     (c) House Bill No. 5440.

     (d) House Bill No. 5441.

     (e) House Bill No. 5442.

     (f) House Bill No. 5443.

     (g) House Bill No. 5445.

     (h) House Bill No. 5446.