Michigan Compiled Laws — THE SOCIAL WELFARE ACT (Act 280 of 1939)

Family independence agency; creation; powers and duties; director, assistants, and employees; rules; successor to juvenile institute commission; other references.

(1) A department of state government is created that shall be known and designated as the family independence agency, and that shall possess the powers granted and perform the duties imposed in this act. The family independence agency shall consist of a director and the assistants and employees appointed or employed in…

Social welfare act; short title.

This act shall be known and may be cited as "The social welfare act".

Annual appropriation act as time-limited addendum; inclusion of program not as entitlement.

(1) This act shall be read in conjunction with the annual appropriation act appropriating funds for the department for each fiscal year. The annual appropriation act shall be considered as a time-limited addendum to this act. (2) A program created in or authorized under this act is subject to the annual appropriation o…

Compensation of certain employees injured during course of employment as result of assault by recipient of social services.

(1) A person employed by the department of social services at the W.J. Maxey campus in Whitmore lake or any of its affiliated facilities, at the Adrian training school in Adrian, the Arbor Heights center in Ann Arbor, Camp Nokomis in Prudenville, Camp Shawano in Grayling, or a similar facility under the jurisdiction of…

(1) The administration of the powers and duties of the state department shall be vested in a commission of 5 members which commission shall be known as the Michigan social welfare commission. A member of the commission shall not be a member of another commission or board, or hold another position with a state instituti…

Family independence agency; director; appointment; salary; expenses; intent as to references.

(1) The director of the family independence agency shall be appointed by the governor with the advice and consent of the senate, and shall serve at the pleasure of the governor. The director shall be the executive officer of the family independence agency and shall be responsible to the governor for performing his or h…

Advisory committee; establishment; appointment of members; recommendations from county social services boards and county social services association; advising on statutes and policies.

(1) There is established an advisory committee to the state department consisting of 10 members appointed by the Michigan county social services association in accordance with a plan adopted by a majority of the members of the association. The association shall receive recommendations from the county social service boa…

Executive heads of state institutions; appointment; employees, salaries and expenses.

The commission shall appoint the executive heads of all state institutions and facilities under the supervision of the state department, and such assistants and employees for them and the state department, and may incur such other expenses as may be necessary to carry out the provisions of this act. The executive head…

Divisions within state department of social welfare; creation, abolition.

The commission is hereby authorized and empowered to create or abolish divisions within the state department for the economic and efficient administration of the work of such department, and to allocate and re-allocate their several functions and duties.

Adverse action against child placing agency prohibited; basis.

In accordance with section 23g of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.23g, and sections 14e and 14f of 1973 PA 116, MCL 722.124e and 722.124f, the department shall not take an adverse action against a child placing agency on the basis that the child placing agency has declined or will decline to…

Rules, regulations, and policies; appointment and duties of bipartisan task force of legislators; applicability of subsection (2) to enrolled medicaid providers.

(1) The family independence agency may promulgate all rules necessary or desirable for the administration of programs under this act. Rules shall be promulgated under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws. Beginni…

Rules and regulations; publication, seal, certified copies as evidence; body corporate, powers.

The commission may devise a seal, and the rules and regulations of the commission may be published over the seal of the commission. Copies of all records and papers in the office of the state department, certified by a duly authorized agent of the commission and authenticated by the seal of the commission, shall be evi…

Witnesses; compelled attendance, oaths; jurisdiction of courts.

Any member of the commission or the director may issue a subpoena requiring any person to appear and be examined with reference to any matter within the jurisdiction of the commission and within the scope of the inquiry or investigation being conducted by the said commission or director, and to produce any books, recor…

Rules for conduct of hearings; procedure; hearing authority; powers and duties; review; representation of department; compliance with Open Meetings Act.

(1) Pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, the director shall promulgate rules for the conduct of hearings within the state department. The rules shall provide adequate procedure for a fair…

Administration of social security act and food stamp act; cooperation with federal, state, and local governments; reports; welfare and relief problems; plan for distribution and allotment of federal moneys; rules; agreements; assuring federal approval.

The family independence agency is designated as the state agency to cooperate with the federal government in the administration of the social security act, chapter 531, 49 Stat. 620. The family independence agency may administer the food stamp act of 1977, Public Law 88-525, 7 U.S.C. 2011 to 2012 and 2013 to 2032, and…

Disclosure of certain recipients to law enforcement agency; federal approval; definitions.

(1) Notwithstanding any other provision of this act, and subject to subsection (2), the department shall disclose the address of a recipient, applicant, or known member of a recipient's or applicant's household to a federal, state, or local law enforcement officer if the officer furnishes the department with the name o…

Individual subject to felony charge; eligibility for cash or food assistance; federal approval; review by department director; definitions.

(1) Subject to subsection (3) and except as provided in subsection (5), the department shall not grant cash assistance under this act to an individual if the department receives information provided under section 10a that the individual is subject to arrest under an outstanding warrant arising from a felony charge agai…

Automated program; development and implementation; comparison of list of individuals receiving public assistance with information regarding outstanding felony or extradition warrants; access to address information; report; "extradition warrant" defined.

(1) The department of technology, management, and budget shall work with the department and the department of state police to develop and implement an automated program that does a comparison of the department's list of public assistance recipients, and of any other list maintained by the department of individuals rece…

Determination of financial eligibility for family independence program; application of asset test.

For the purposes of determining financial eligibility for the family independence program administered under this act, the department must apply an asset test.

Determination of financial eligibility for family independence program and food assistance program; inclusion of money received from lottery or gambling winnings.

Money received from lottery winnings or other gambling winnings shall be included when determining financial eligibility for the family independence program and the food assistance program administered under this act as follows: (a) If received as a lump-sum payment, lottery winnings and other gambling winnings shall b…

Performance of monthly incarceration match to determine eligibility for bridge card; issuance prohibited or terminated; performance of monthly match to determine if recipient is deceased.

(1) The department shall perform an incarceration match monthly to obtain information to assist in determining eligibility based on incarceration status. (2) If the department determines that a recipient is incarcerated at the time the incarceration match is performed, the department shall not issue a bridge card to th…

Determination of financial eligibility; money associated with designated beneficiary's ABLE savings account; "ABLE savings account", "designated beneficiary", and "qualified disability expenses" defined.

(1) For any assistance program for which financial eligibility is determined under this act, the department shall disregard in its financial eligibility determination money associated with a designated beneficiary's ABLE savings account, including, but not limited to, all of the following: (a) Money in a designated ben…

Definitions.

As used in this section and sections 11a to 11f: (a) "Abuse" means harm or threatened harm to an adult's health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment. (b) "Adult in need of protective services" or "adult" means…

Reporting abuse, neglect, or exploitation of adult; oral report; contents of written report; reporting criminal activity; construction of section.

(1) A person who is employed, licensed, registered, or certified to provide health care, educational, social welfare, mental health, or other human services; an employee of an agency licensed to provide health care, educational, social welfare, mental health, or other human services; a law enforcement officer; or an em…

(1) Within 24 hours after receiving a report made or information obtained under section 11a, the county department shall commence an investigation to determine whether the person suspected of being or believed to be abused, neglected, or exploited is an adult in need of protective services. A reasonable belief on the p…