Bill Text: MI HB5970 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Human services; services or financial assistance; eligibility for assistance under the social welfare act; include victims of human trafficking. Amends secs. 57b & 109m of 1939 PA 280 (MCL 400.57b & 400.109m) & adds sec. 10h.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-11-09 - Bill Electronically Reproduced 10/19/2016 [HB5970 Detail]

Download: Michigan-2015-HB5970-Introduced.html

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HOUSE BILL No. 5970

 

 

October 19, 2016, Introduced by Rep. Kosowski and referred to the Committee on Criminal Justice.

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending sections 57b and 109m (MCL 400.57b and 400.109m),

 

section 57b as amended by 2015 PA 56 and section 109m as added by

 

2014 PA 341, and by adding section 10h.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10h. (1) If an individual meets all eligibility

 

requirements to receive assistance under this act and that

 

individual is or was a victim of human trafficking, he or she is

 

eligible to receive assistance under this act.

 

     (2) An individual who provides the department with an original

 

certification or original eligibility letter from the Office of

 

Refugee Resettlement within the United States Department of Health

 

and Human Services is not required to provide any other immigration

 

documents to receive assistance.

     (3) As used in this section, "victim of human trafficking"

 

means the individual is or was either of the following:

 

     (a) A victim of a violation under chapter LXVIIA of the

 

Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.

 

     (b) A victim of trafficking under the victims of trafficking

 

and violence protection act of 2000, Public Law 106-386.  

 

     Sec. 57b. (1) An individual who meets all of the following

 

requirements is eligible for family independence program

 

assistance:

 

     (a) Is a member of a family or a family independence program

 

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, or a victim of human trafficking as defined in section

 

10h. If Except for a victim of human trafficking as defined in

 

section 10h, if the applicant indicates that he or she is not a

 

United States citizen, the department shall verify the applicant's

 

immigration status using the federal systematic alien verification

 

for entitlements (SAVE) program. An individual who provides the

 

department with an original certification or original eligibility

 

letter from the Office of Refugee Resettlement within the United

 

States Department of Health and Human Services is not required to

 

provide any other immigration documents to receive family

 

independence program assistance.

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

 

     (f) Meets any other eligibility criteria 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.

 

     (g) Is a member of a program group that meets the requirements

 

of subsection (6).

 

     (2) A minor parent and the minor parent's child shall not

 

receive family independence program assistance unless they live in

 

an adult-supervised household. The family independence program

 

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) If a recipient who is otherwise eligible for family

 

independence program assistance under this section is currently

 

applying for supplemental security income and seeking exemption

 

from the PATH program, the recipient shall be evaluated and

 

assessed as provided in this section before a family self-

 

sufficiency plan is developed under section 57e. Based on a report

 

resulting from the evaluation and assessment, the caseworker shall

 

make a determination and referral as follows:

 

     (a) A determination that the recipient is eligible to

 

participate in the PATH program and a referral to the PATH program.

 

     (b) A determination that the recipient is exempt from PATH

 

program participation under section 57f and a referral to a

 

sheltered work environment or subsidized employment.

 

     (c) A determination that the recipient is exempt from PATH

 

program participation under section 57f and a referral for

 

supplemental security income advocacy.

 

     (4) The department may contract with a legal services

 

organization to assist recipients with the process for applying for

 

supplemental security income. The department may also contract with

 

a nonprofit rehabilitation organization to perform the evaluation

and assessment described under subsection (3). If the department

 

contracts with either a nonprofit legal or rehabilitation services

 

organization, uniform contracts shall be used statewide that

 

include, but are not limited to, uniform rates and performance

 

measures.

 

     (5) The auditor general shall conduct an annual audit of the

 

evaluation and assessment process required under this section and

 

submit a report of his or her findings to the legislature.

 

     (6) Except as provided in subsection (7), and beginning after

 

the date on which the department implements the policy described in

 

subsection (7), a family independence program assistance group

 

shall not receive family independence program assistance if a

 

member of the program group does not meet the attendance

 

requirements of section 1561 of the revised school code, 1976 PA

 

451, MCL 380.1561, with respect to a child under the age of 16.

 

Except as provided in subsection (7), and beginning after the date

 

on which the department implements the policy described in

 

subsection (7), if a member of the program group does not meet the

 

attendance requirements of section 1561 of the revised school code,

 

1976 PA 451, MCL 380.1561, with respect to a child age 16 and

 

above, the child shall be removed from the program group. The

 

department shall implement policies in accordance with this

 

subsection that are effective and binding on all program groups and

 

are exempt from the rule promulgation requirements of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (7) Not later than 1 year after the effective date of the

amendatory act that added this subsection, the The department shall

 

implement a policy that it must follow before terminating a family

 

independence program assistance group from receiving family

 

independence program assistance as provided in subsection (6) or

 

before removing a child from the program group as provided in

 

subsection (6). The department shall apply the policy described in

 

this subsection before removing a family independence program

 

assistance group from receiving family independence program

 

assistance as described in subsection (6) and before removing a

 

child from a family independence program assistance group as

 

described in subsection (6).

 

     Sec. 109m. (1) If an individual is a victim of a human

 

trafficking violation, he or she may receive medical assistance

 

benefits for medical and psychological treatment resulting from his

 

or her status as a victim of that human trafficking violation.

 

     (2) An individual who provides an original certification or

 

original eligibility letter from the Office of Refugee Resettlement

 

within the United States Department of Health and Human Services is

 

not required to provide any other immigration documents to receive

 

medical assistance.

 

     (3) (2) As used in this section, "human trafficking violation"

 

means a violation of chapter LXVIIA of the Michigan penal code,

 

1931 PA 328, MCL 750.462a to 750.462h, or a violation of the

 

victims of trafficking and violence protection act of 2000, Public

 

Law 106-386.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.