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Michigan Statutes, Title 400

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Michigan/Statutes

← All Michigan coverage

Title 400, SOCIAL SERVICES

52 chapters · 577 sections in this title.

All chapters in Title 400577 Ch 280-of-1939, THE SOCIAL WELFARE ACT262 Ch 218-of-1979, ADULT FOSTER CARE FACILITY LICENSING ACT44 Ch 180-of-1981, OLDER MICHIGANIANS ACT26 Ch 169-of-1975, CHARITABLE ORGANIZATIONS AND SOLICIT…24 Ch 387-of-1984, STATE FOOD STAMP DISTRIBUTION ACT19 Ch 34-of-1984, MICHIGAN LOW INCOME HEATING ASSISTAN…18 Ch 72-of-1977, THE MEDICAID FALSE CLAIM ACT18 Ch 174-of-1971, OFFICE OF CHILD SUPPORT ACT16 Ch 225-of-2011, YOUNG ADULT VOLUNTARY FOSTER CARE ACT16 Ch 35-of-1984, PUBLIC ASSISTANCE HOME REPAIR, WEATH…15 Ch 220-of-1935, MICHIGAN CHILDREN'S INSTITUTE13 Ch 202-of-2024, BUREAU OF COMMUNITY ACTION AND ECONO…11 Ch 389-of-1978, DOMESTIC AND SEXUAL VIOLENCE11 Ch 181-of-1962, BOARD OF COUNTY INSTITUTIONS9

262 sections·Filtered byTitle 400✕Ch 280-of-1939✕

Mich. Comp. Laws § 400.25 Application for assistance; form, oath; third party; political or religious affiliations.
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Sec. 25. An applicant for assistance or a third party acting responsibly in his behalf shall deliver his application in writing to the county department of social services in the manner and form prescribed by the state department. All statements in the application shall be over t…
Mich. Comp. Laws § 400.28 Old age assistance; amount; aid by persons not responsible for support, effect.
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Sec. 28. The amount of assistance shall be fixed with due regard to the condition of the individual and community and the circumstances in each case. When an applicant is not receiving adequate support from a husband or wife responsible under the laws of this state to furnish suc…
Mich. Comp. Laws § 400.3 Family independence agency; director; appointment; salary; expenses; intent as to references.
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Sec. 3. (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 res…
Mich. Comp. Laws § 400.31 Residence of spouse living separate and apart.

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Sec. 31. For the purposes of this act, the residence of 1 spouse shall not be considered the residence of the other spouse if they are living separate and apart, and in that case each may have a separate residence dependent upon proof of the fact and not upon legal presumption. A…

Mich. Comp. Laws § 400.32 Continuation of assistance if person moves or is taken to another county; transfer of records; “resident of state” defined; continued absence from state as abandonment of residence; inapplicability of certain rules; requirements applicable to medical assistance eligibility; residence of husband and wife living separate and apart.

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Sec. 32. (1) Subject to section 14g, a person qualified for and receiving assistance under this act in any county in this state who moves or is taken to another county in this state may continue to receive assistance in the county to which the person has moved or is taken, and th…

Mich. Comp. Laws § 400.35 Records; confidentiality; rules for use.

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Sec. 35. Notwithstanding section 2(6), records relating to categorical assistance, including medical assistance, shall be confidential and shall not be open to inspection except as prescribed in section 64. The state department of social services may promulgate and enforce rules …

Mich. Comp. Laws § 400.36 County department; compliance with state requirements as to payment of assistance.

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Sec. 36. When assistance is given to any person under the provisions of this act with respect to old age assistance, aid to dependent children, aid to the blind, and aid to the permanently and totally disabled, the county department of social welfare shall comply with all require…

Mich. Comp. Laws § 400.37 Application for assistance; investigation, hearing, appeal.

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Sec. 37. Whenever an application made for assistance, the county department of social welfare shall make a thorough investigation and report to the state department in the manner prescribed by it, giving its recommendation of the amount of assistance, if any, to be allowed. If th…

Mich. Comp. Laws § 400.38 Assistance; determination of amount; authorizations; warrants, delivery.

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Sec. 38. Upon receipt of the recommendations of the county department of social services, the state department shall determine the amount of categorical assistance to be allowed monthly, if any, and the date for which the first payment shall be made, to be payable as the state de…

Mich. Comp. Laws § 400.39 Payment of assistance to applicant or recipient; cancellation of assistance checks.

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Sec. 39. All old age assistance, aid to dependent children, aid to the blind, and aid to the permanently and totally disabled, given under this act shall be paid directly to the applicant or recipient except that (1) if a legal guardian has been duly appointed for such applicant …

Mich. Comp. Laws § 400.3a Advisory committee; establishment; appointment of members; recommendations from county social services boards and county social services association; advising on statutes and policies.

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Sec. 3a. (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 r…

Mich. Comp. Laws § 400.4 Executive heads of state institutions; appointment; employees, salaries and expenses.

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Sec. 4. 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…

Mich. Comp. Laws § 400.41 Report by recipient on acquisition of property; recommendations of county department.

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Sec. 41. If at any time after approval of a grant of assistance the recipient, or the spouse of the recipient, becomes possessed of any property or income of which the county department of social welfare has no knowledge, it shall be the duty of the recipient to notify said count…

Mich. Comp. Laws § 400.43 Assistance; periodical review, power to alter or revoke, appeal.

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Sec. 43. All assistance granted under this act shall be reconsidered from time to time, or as frequently as may be required by the state department. After further investigation by the county department of social welfare, the amount and manner of giving assistance may be changed, …

Mich. Comp. Laws § 400.43a Definitions; recovery of overpayments; overpayment as result of criminal act; waiver; report of cost effectiveness.

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Sec. 43a. (1) As used in this section: (a) "Overpayment" means the difference between the amount of assistance to which an individual is entitled under this act and the amount of assistance actually received by that individual. (b) "Public assistance recipient" means an individua…

Mich. Comp. Laws § 400.43b Office of inspector general; establishment as criminal justice agency; duties.

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Sec. 43b. An office of inspector general is established as a criminal justice agency in the family independence agency. The primary duty of the inspector general is to investigate cases of alleged fraud within the department. The inspector general shall also perform the following…

Mich. Comp. Laws § 400.44 Fee for obtaining certain benefits; condition; amount; definitions.

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Sec. 44. (1) The state department shall pay a fee to an attorney or other competent professional who represents a person in obtaining benefits from the federal social security administration in a proceeding establishing retroactive benefits for that person under the supplemental …

Mich. Comp. Laws § 400.45 Creation, powers, duties, and composition of county family independence agency; powers and duties of family independence agency board; offices; salary and expenses; prohibition; appointment and oath of board members; appointment and qualifications of directors, employees, and assistants; evaluation of county director; availability of writings to public.

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Sec. 45. (1) A county family independence agency is created in each county of this state, which shall possess the powers granted and perform the duties imposed in this act. The county family independence agency shall consist of a county family independence agency board and the di…

Mich. Comp. Laws § 400.46 County social services board; administration of powers and duties; appointment and terms of members; oath; vacancies; conducting business at public meeting; notice; quorum; meetings; chairperson; effect of failure to attend meetings; compensation and expenses; availability of writings to public.

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Sec. 46. (1) The administration of the powers and duties of the county department shall be vested in a county social services board of 3 members, appointed from persons residing within the county and not holding an elective office, for 3-year terms as follows: 2 members shall be …

Mich. Comp. Laws § 400.47 Organization of district department of social welfare and medical relief; powers and duties vested in district social welfare board and medical advisory council; appointment, qualifications, and terms of members; applicability of references; chairperson; conducting business at public meeting; notice; availability of writings to public.

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Sec. 47. (1) Two or more counties may organize a district department of social welfare and medical relief by a majority vote of the members elect of the county board of commissioners of each county. The administration of the powers and duties of the department shall be vested in …

Mich. Comp. Laws § 400.48 Organization of counties into single administrative unit; appointment of director.

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Sec. 48. Subject to the provisions of this subsection, the department director may organize not more than 3 counties into a single administrative unit for purposes of administrative efficiency. Before a decision is made to organize counties into a single administrative unit as al…

Mich. Comp. Laws § 400.49 Director of county or district board; employment; duties; assistants; requirements; compensation and expenses; supplementary salary.

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Sec. 49. Any county or district board shall employ a director, who shall be the executive officer and secretary of the board, and shall be responsible to the board for the performance of his duties associated with those social service functions financed by the county. The directo…

Mich. Comp. Laws § 400.5 Divisions within state department of social welfare; creation, abolition.

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Sec. 5. 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.

Mich. Comp. Laws § 400.50 County employee; unauthorized transfer of public relief recipient, misdemeanor.

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Sec. 50. Any county employee or officer who transports, brings or causes to be transported or brought, any other person receiving general relief, hospitalization or infirmary care, or in need of general relief, hospitalization or infirmary care from any county or from any city op…

Mich. Comp. Laws § 400.51 County board; executive heads of institutions and assistants, appointment, compensation and expenses.

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Sec. 51. The county board may appoint an executive head of any institution under the supervision and jurisdiction of the board, and may employ such assistants and employes and incur such other expenses as may be necessary to carry out the provisions of this act. The compensation …

Mich. Comp. Laws § 400.52 County department; rules and regulations; review, copies, filing; audit of case records; withholding fund.

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Sec. 52. The governing board of each county, city and district department shall adopt rules and regulations governing the policies of the board, which rules and regulations shall not be in violation of any express provision of state law. Said rules and regulations shall be review…

Mich. Comp. Laws § 400.53 County board; cooperation with state department.

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Sec. 53. Said board shall cooperate with the state department of social welfare in handling the welfare and relief problems and needs of the people of its county, and to such end may adopt any plan or plans required or desirable in order to participate in the distribution of fede…

Mich. Comp. Laws § 400.54 County board; prevention of social disabilities, restoration of individuals to self support.

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Sec. 54. In the administration of the powers and duties assigned to the department, the board, shall, insofar as possible, place emphasis upon the prevention of social disabilities, the removal of causes of such disabilities, and the restoration of individuals to self support and…

Mich. Comp. Laws § 400.55 Administration of public welfare program by county department.

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Sec. 55. The county department shall administer a public welfare program, as follows: (a) To grant general assistance, including medical care and care in the county medical care facility, but not including hospitalization and infirmary care except for care in the county medical c…

Mich. Comp. Laws § 400.55a General assistance; eligibility of applicant; determination; failure of employable person to participate in approved project or to accept employment.

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Sec. 55a. (1) In determining the eligibility of an applicant for general assistance, and before granting the assistance, except temporary assistance pending disposition of the case, the county and district departments of social services shall conform to the following: (a) Require…

Mich. Comp. Laws § 400.56i Individuals having history of domestic violence; establishment and enforcement of standards and procedures; certification by governor; collection and compilation of data; annual report.

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Sec. 56i. (1) The family independence agency shall establish and enforce standards and procedures to do all of the following: (a) Screen and identify individuals who are receiving assistance under section 57b who have a history of domestic violence, while maintaining the confiden…

Mich. Comp. Laws § 400.57 Definitions.

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

Mich. Comp. Laws § 400.57a Family independence program; establishment and administration; purpose; establishment of certain requirements by department; assistance to certain program groups prohibited; determination of financial eligibility.

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Sec. 57a. (1) The department shall establish and administer the family independence program to provide temporary assistance to families who are making efforts to achieve independence. Family independence program assistance is not an entitlement. (2) The department shall administe…

Mich. Comp. Laws § 400.57b Family independence program assistance; eligibility requirements generally; requirements applicable to minor parent and minor parent's child; recipient applying for supplemental security income and seeking exemption from PATH program; evaluation and assessment process; contracts; audit; member of family independence program assistance group not meeting attendance requirements of MCL 380.1561; implementation of policy.

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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 …

Mich. Comp. Laws § 400.57c Application for assistance by minor parent; duties of department.

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Sec. 57c. If a minor parent applies for family independence program assistance, the department shall do all of the following: (a) Inform the minor parent of the eligibility requirements of section 57b(2) and the circumstances under which there is good cause for permitting the min…

Mich. Comp. Laws § 400.57d Conduct of weekly orientation sessions; development of family self-sufficiency plan; compliance required; penalties; reassessment of recipient's eligibility.

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Sec. 57d. (1) The department and the Michigan economic development corporation or a successor entity shall conduct weekly orientation sessions for family independence program assistance applicants. After the department makes an initial determination that an adult or a child aged …

Mich. Comp. Laws § 400.57e Family self-sufficiency plan; execution; development; contents; identification of goals; monitoring compliance with plan.

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Sec. 57e. (1) Each family receiving family independence program assistance shall execute a family self-sufficiency plan outlining the responsibilities of members of the family independence program assistance group, the contractual nature of family independence program assistance,…

Mich. Comp. Laws § 400.57f Agreement with Michigan economic development corporation or successor entity; administration of PATH program; eligibility; exemptions; temporary exemption; disabled individual; rules; subsection (6) inapplicable after December 31, 2013; "PATH" program defined.

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Sec. 57f. (1) The department shall enter into an agreement with the Michigan economic development corporation or a successor entity to facilitate the administration of the PATH program. The department shall make information on the program available to the legislature. (2) Except …

Mich. Comp. Laws § 400.57g Failure to comply with plan; penalties; "noncompliance" defined; notice; good cause; period of time recipient ineligible; denial or termination of benefits; "good cause" defined.

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Sec. 57g. (1) Except as provided in subsection (5), if a recipient does not meet the recipient's individual family self-sufficiency plan requirements and is therefore noncompliant, the department shall impose the penalties described under this section. The department shall implem…

Mich. Comp. Laws § 400.57i Rent vendoring program; certification by landlord that requirements met; violation of housing code; termination of participation; eviction prohibited; delinquency or nonpayment of property taxes.

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Sec. 57i. (1) If a landlord or provider of housing participates in the department rent vendoring program, the landlord shall certify that the dwelling unit being provided meets all of the following requirements: (a) The dwelling unit does not have a condition that would facilitat…

Mich. Comp. Laws § 400.57l Feasibility of substance abuse testing program; report.

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Sec. 57l. (1) The department shall review the feasibility of a substance abuse testing program within the family independence program. The department shall report the findings of a review under this section to the senate and house of representatives committees dealing with human …

Mich. Comp. Laws § 400.57p Counting certain months toward cumulative total of 60 months; exclusion.

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Sec. 57p. Any month in which a recipient has been exempted from the PATH program under section 57f(3) or (4)(b) is not counted toward the cumulative total of 60 months in a lifetime for family independence program assistance. Any month in which a recipient has been exempted from …

Mich. Comp. Laws § 400.57q Earned income disregard.

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Sec. 57q. (1) Beginning October 1, 2011, upon the initial application for benefits for family independence program assistance, the department shall disregard $200.00 plus 20% of the family independence program assistance group's earned income for purposes of determining if the ap…

Mich. Comp. Laws § 400.57r Family independence program assistance; limitation.

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Sec. 57r. Beginning October 1, 2007, family independence program assistance must be paid to an individual for not longer than a cumulative total of 48 months during that individual's lifetime. Beginning on the effective date of the amendatory act that added this sentence, family …

Mich. Comp. Laws § 400.57u Reports.

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Sec. 57u. (1) The department shall provide a report of exemptions under section 57f by district office and by criteria. (2) The department shall provide a report by district office on the number of sanctions issued, the number of compliance exceptions granted, and the success rat…

Mich. Comp. Laws § 400.57v Automatic teller machines located in casinos, casino enterprises, liquor stores, or adult entertainment establishments; blocking access to cash benefits from Michigan bridge cards; definitions.

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Sec. 57v. (1) The department shall work with providers of automated teller machine services to create and implement a program or method of blocking access to cash benefits from Michigan bridge cards through point of sale devices and automated teller machines located in casinos, c…

Mich. Comp. Laws § 400.57y Suspicion-based substance abuse screening and testing; pilot program; use of empirically validated substance abuse screening tool; requirement that applicant or recipient take substance abuse test; refusal; cost of administering test.

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Sec. 57y. (1) The department shall establish and administer a program of suspicion-based substance abuse screening and testing for family independence program applicants and recipients as described in this section and section 57z. (2) Subject to state appropriation, the departmen…

Mich. Comp. Laws § 400.57z First positive test for use of controlled substance; referral to department-designated community mental health entity; second or subsequent positive test for use of controlled substance; applicant or recipient ineligible for assistance; time period for pilot program; report; age of applicant or recipient; definitions.

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Sec. 57z. (1) If an applicant or recipient tests positive for use of a controlled substance and it is the first time that he or she tested positive for use of a controlled substance under the pilot program described in this section and section 57y, the department shall refer the …

Mich. Comp. Laws § 400.58 County medical care facility; program of care and treatment; medical treatment and nursing care; special treatment; building; review of proposals and plans; inspection; enforcement.

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Sec. 58. (1) A county board may, with the approval of the county board of commissioners, supervise and be responsible for the operation of a county medical care facility in, auxiliary to, or independent of the county infirmary. If a county has a board of county institutions, a co…

Mich. Comp. Laws § 400.58a County medical care facility; admittance.

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Sec. 58a. Only those persons may be admitted to the county medical care facility who require the individualized medical care, treatment and supervision provided by the facility and who do not require major surgery, treatment for psychosis, treatment for tuberculosis, contagious d…