States with Pending CMMS Work Requirement Applications:

1. Alabama
2. Mississippi
3. Ohio
4. Oklahoma
5. South Dakota
6. Tennessee
7. Utah
8. Virginia

​Medicaid Work Requirement Exemptions and Criteria for Extending Coverage
Healthy Michigan enrollees (non-disabled Obamacare recipients) with incomes below the poverty line will not be affected by the work requirement rule.

Other categories of exemptions from Medicaid work requirements:

• Children (under age 19)
• Seniors (aged 62 and over)
• Disabled or medically-frail (including the blind)
• Persons with work limitations (medical documentation required)
• Pregnant women
• Caregivers of young children under age 6 or a family member who is pregnant or disabled (receiving long-term disability benefits)
• Full-time students
• Recipients of state unemployment benefits (UI)
• Recipients of SNAP benefits (FAP) who are already exempt
• Foster care children (aged 20 and under)
• Persons who meet “good cause” temporary exemptions (unspecified)
• Returning citizens (who were incarcerated in the recent 6 months)
• Persons receiving substance abuse treatment

​To remain enrolled in the Healthy Michigan Plan (HMP) once you have reached or exceeded of the Federal Poverty Limit (FPL) you may continue benefits if:

• You have been enrolled in the Healthy Michigan Plan (HMP) for the 48-month (4 years) term limit and your eligibility has timed-out.
• Your income/earnings have reached between 100 – 133% of the Federal Poverty Limit (FPL).

Visit the Community Resources section for FPL limits based on family size.

• You will be required to pay a premium contribution equivalent to 5% of your income to continue health coverage.

Healthy Michigan (HMP) enrollees who have reached income and lifetime benefit levels will be offered one (1) of two (2) options to retain coverage:

1. “The Marketplace Option”
2. “The Cost-Sharing Option”

The Marketplace Option
The Marketplace Option requires that you purchase coverage through the Federal Healthcare Exchange.  Participants who select this option will be required to change (opt-out) of their eligibility status from the Healthy Michigan Plan (HMP) in order to be eligible for the Federal Advance Premium Tax Credit and cost-sharing subsidies.

It is important to remember that the “individual mandate” provision of the Patient Protection and Affordable Care Act (ACA), also known as Obamacare imposes a tax penalty on individuals who are without health insurance each year.

The current tax penalty, effective January 1, 2019 is $0.

However, persons who were uninsured for more than two (2) months in 2018 may be subject to a $695 fine plus inflation, or up to 2.5% of their household income.

You may be exempt from the Obamacare tax penalty if:

• If you were uninsured for only one (1) to two (2) months during the year.
• You experienced a financial hardship.
• You have a religious or moral objection.
• You belong to a Healthcare Sharing Ministry.
• If purchasing health insurance will cost more than 8.05% of your income.

Open enrollment for 2019 was from November 1, 2018 to December 15, 2018.
Special enrollment periods are considered for a change in life event or family status.  Contact the Michigan Department of Insurance and Financial Services (DIFS) for more information.  A link is provided below.

​The Cost-Sharing Option
Recipients may choose to continue their Healthy Michigan Plan (HMP) coverage by paying a “cost-sharing” premium of 5% of their income.

Effective 4/1/2018, Healthy Michigan Plan (HMP) recipients who are not medically frail and who have been enrolled at least twelve (12) months will be required to complete a “health risk assessment” or to purchase a qualified plan through the Marketplace.

Medicaid Work Requirement Healthy Lifestyle Limitation
Healthy Michigan (HMP) recipients who have reached income levels between 100 – 133% of the Federal Poverty Level (FPL) and who have been enrolled for 48 months will be mandated to complete a “Healthy Behavior Assessment.”

There will be an intentional effort to make the healthy behaviors incrementally more challenging in additional to the 5% premium contribution payment.

That is, you may be required to quit smoking or engaging in other activities deemed high-risk behaviors that contribute to poor health.

Recipients who do not comply with these two (2) conditions may have their benefits suspended.

Social and Fiscal Implications of the Medicaid Work Requirement Rule
The New York Times (2010) reported a projection by the Congressional Budget Office (CBO) predicting that there would be 54 million uninsured people by the year 2019.

Estimates regarding the fiscal impact of the Michigan workforce engagement rule suggest a 5 to 15% caseload reduction and $5 to $20 million dollars annual savings in the state budget.

There are approximately 670,000 Healthy Michigan Plan (HMP) enrollees, with an estimated 130,000 (about 20%) exemptions, and 540,000 non-exempt.

Of the 540,000 non-exempt participants, an estimated 5 to 15% will lose their health coverage for various reasons due to the new Medicaid work requirements.

These estimates do not speak to the increase in administrative costs and technology upgrades that will be required to implement the program.  Nor does it provide insight into the increased demand on support services such as child care, transportation, and workforce development programs due to the loss of coverage.

The American Journal of Public Health suggests that the lack of insurance kills 45,000 people a year: “More Americans die of lack of health insurance than terrorism, homicide, drunk driving, and HIV combined.”

According to the American Journal of Medicine:
“…18% of those filing bankruptcy in 2007 cited illness and medical bills as having contributed to their financial failure.”


Was this post helpful?  Leave a comment and share your thoughts.  If you need case management services or assistance, please contact us by completing the confidential Contact Form.  Also, consider donating to continue this important work and expand our reach to the broader community.

Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
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Related Posts:
Healthy Michigan Medicaid Work Requirement Bill
http://www.canmichigan.com/blog/healthy-michigan-medicaid-work-requirement-bill
State Assistance Programs Enforce Work Requirements for Government Benefits
http://www.canmichigan.com/blog/state-assistance-programs-enforce-work-requirements-for-government-benefits
The Working Poor: On Welfare with A Job
http://www.canmichigan.com/blog/opinion-the-working-poor-on-welfare-with-a-job

​Links:
Medicaid.gov State Waiver’s List
https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/index.html
Nationwide Snapshot of State Proposals to Implement Work Requirements
https://nashp.org/state-proposals-for-medicaid-work-and-community-engagement-requirements/
Feds Approve Michigan’s Medicaid Work Requirement, beginning 2020 (Detroit Free Press)
https://www.freep.com/story/news/local/michigan/2018/12/21/work-requirements-approved-michigan-medicaid/2388961002/
Feds Approve Michigan’s Medicaid Work Requirement (Detroit Free Press)
https://www.detroitnews.com/story/life/wellness/2018/12/21/feds-approve-michigan-medicaid-work-requirement/2389697002/
Feds Approve Michigan’s Medicaid Work Requirement, beginning 2020 (Lansing State Journal)
https://www.lansingstatejournal.com/story/news/local/michigan/2018/12/21/work-requirements-approved-michigan-medicaid/2388961002/
Medicaid Healthy Michigan Plan (Lansing State Journal)
https://www.lansingstatejournal.com/story/news/local/2019/02/06/medicaid-healthy-michigan-plan/2788952002/
4 Things to Know About Michigan’s Medicaid Work Requirements
https://www.freep.com/story/news/local/michigan/2018/06/14/michigan-medicaid-work-requirements/699643002/
Michigan Senate Bill 897
http://www.legislature.mi.gov/documents/2017-2018/billanalysis/House/htm/2017-HLA-0897-78EF78F9.htm  
DIFS – Shopping for Health Coverage
https://www.michigan.gov/difs/0,5269,7-303-12902_35510-263900--,00.html
Op Ed: Medicare For All: Yes We Can
http://pnhp.org/news/op-ed-medicare-for-all-yes-we-can/

The controversial Medicaid Work Requirement Rule, sponsored by Senator Mike Shirkey (MI-R), representing Branch, Hillsdale, and Jackson counties, passed the Senate (Bill 897) on June 7, 2018 and was signed by Governor Rick Snyder on June 22, 2018.
​
Medicaid work requirement legislation is expected to become law effective January 1, 2020 pending approval by the Center for Medicare and Medicaid Services (CMMS).

The bill originally proposed recipients to work 29 hours per week but was dropped to 80 hours per month (20 hours/week) in order to pass the Michigan House vote.  The effective date of the legislation was also extended from October 2019 to January 2020.

As part of the negotiations and due to racial allegations, work requirement exemptions in counties with unemployment rates at 8.5% or higher was also eliminated.

Some highlights of the final bill signed into law are as follows:

• Non-disabled, Healthy Michigan recipients, aged 19 – 62 will be required to work 80 hours per month to retain Medicaid health insurance benefits.
• Households earning between 100 – 133% of the federal poverty level will continue eligibility for Medicaid.
• Persons affected by the work requirement rule will be given a ninety (90) day grace period of non-compliance in the first year and to allow for seasonal work.
• Non-disabled recipients will be restricted to a 48-month (4 year) lifetime limit.

Please review the link to SB 897 for a complete list of requirements and exemptions.

The goal of proponents for legislative changes to the Michigan Medicaid bill claim that it will restore dignity and self-sufficiency, improve health outcomes, close gaps in labor supply, and save taxpayers money by moving able-bodied, working-age people off federal insurance rolls.
​
The basic logic of Medicaid work requirements has four components:

1. Welfare programs is a viable source of “skilled” workers.
2. Welfare programs does little, if anything, to ease poverty.
3. Welfare programs fail to promote work and self-sufficiency.
4. Work is the best way to escape poverty.

Local Workforce: Supply and Demand
The Trump administration persists in taking credit for the flourishing economy and maintains that its policies incentivizes low-income Americans to return to the labor force while providing qualified workers to employers who will continue to grow the economy.

However, a recent analysis, published in the LinkedIn Workforce Report (October 2018) shows a 1.6% drop in hiring rates in Detroit due to a skills gap and migration patterns in the region.  Data is based on trends from September 2017 through September 2018.

That is, employers are not finding qualified workers because more unskilled workers are moving in and those likely possessing the needed skills are moving out.

The report tracks U.S. workforce hiring trends derived from comparison data of job postings and member profiles posted on LinkedIn.  It is a valuable resource for those seeking employment opportunities throughout the country, especially in large Metropolitan cities.

Data provided in the LinkedIn report provides information on surplus skills (supply) in the area and skill shortages (demand) needed by employers.  As well, we can identify the number of workers moving in and out of the area, where their migrating from, where they are migrating to, and how this factor impacts the local job market.

A link is provided below to the LinkedIn report.

​Medicaid Enrollment and Costs in Michigan
According to the Michigan Department of Health and Human Services (MDHHS), there were 1,858,112 Medicaid cases in FY17 from October 2016 to September 2017, through which 2,920,176 total individual recipients received health insurance benefits.

MDHHS reported a total of 1,767,618 Medicaid recipients in FY15 after the Obamacare expansion became effective 4/1/14.

Of the nearly 3 million people across 83 counties in Michigan who received Medicaid benefits in FY17, an estimated 700,000 gained coverage through ACA’s expansion provision.

The annual expense for Medicaid in the State of Michigan is an estimated $16 billion in healthcare coverage.

Medicaid benefits are provided in six (6) broad categories:

• Families                                                                         
• Children, under 21                                                        
• Pregnant Women & Children under 19                        
• Michigan MI Child Recipients                                     
• SSI Recipients (Aged, Blind & Disabled)
• Non-SSI Recipients (Aged, Blind & Disabled)

According to the Kaiser Family Foundation (2016), 27% of Michigan’s population (9.9 million) are low-income with 21% receiving health benefits under Medicaid programs.

​The Kaiser Foundation study reports 70% of Medicaid enrollees are adults and children expending 30% of the costs; while 22% are elderly and disabled accounting for 62% of all funding expenditures.

​*The following table is an overview of Michigan Medicaid recipients per county (FY17).

Source: Total Eligible Medicaid Case and Recipient Annual Information, FY17 - Michigan Department of Health and Human Services (MDHHS)

Exemptions and Who Will Be Affected
The Medicaid work requirement rule will generally apply to able-bodied adults and particularly those on the Healthy Michigan plan added through Obamacare.

There are twelve (12) categories of exemptions for Medicaid recipients as follows:

• Children (under age 19)
• Seniors (aged 62 and over)
• Disabled or medically-frail (including the blind)
• Persons with work limitations (medical documentation required)
• Pregnant women
• Caregivers of young children under age 6 or a family member who is pregnant or disabled (receiving long-term disability benefits)
• Full-time students
• Recipients of state unemployment benefits (UI)
• Recipients of SNAP benefits (FAP) who are already exempt
• Foster care children (aged 20 and under)
• Persons who meet “good cause” temporary exemptions (unspecified)
• Returning citizens (who were incarcerated in the recent 6 months)
• Persons receiving substance abuse treatment

Medicaid Work Requirements and In-Work Poverty
When we look at the work requirement rule we must consider how and why employed workers may still lose their benefits.

We have already established that most Medicaid recipients already work.  However, since they are mostly uncounted in the labor force and in welfare budgets, there is no real way to know how often they work (e.g. seasonal, temporary) and how many hours (e.g. part-time, full-time).
But, just to give us an idea.

According to the Bureau of Labor Statistics (2018), there were 4,909,907 jobs in Michigan as of July 2018, of which 4,697,925 were filled (that is, 4,697,925 people were employed).  Only 211,982 people were unemployed at a rate of 4.3% of the Michigan population.

Of course, this does not account for concentrated pockets of poverty and unemployment in certain counties and cities in the state.  Still, it does substantiate the point that most Medicaid recipients in the area are currently employed but remain in jeopardy of losing their health benefits.

One reason that employed Medicaid recipients may lose their health insurance coverage due to the new work requirement rule is that many are low-skilled workers with temporary and part-time employment.  Others may be skilled tradesman but are still affected due to seasonal work.  This is problematic for claims that there is an untapped reserve of millions of qualified workers among low-income Americans on welfare who are needed to fill gaps in the labor force and continue to grow the economy.

According to the U.S. Census Bureau’s Survey of Income and Program Participation Report (SIPP, 2012), the largest proportion (33.5%) of participants in means-tested (welfare) programs were unemployed workers.  That is, unemployed workers are likely those receiving Unemployment Insurance (UI) benefits.

However, another 25.3% of the unemployed discouraged workers (those not participating in the labor force at all) participated in major welfare programs including Medicaid and the Supplemental Nutrition Assistance Program (SNAP).  Another 17.6% of part-time workers and 6.7% of full-time workers received welfare benefits.

But, those are the national numbers.

Here in Michigan, if we consider the MDHHS Annual Caseload Report (Table 1), we can see that county unemployment rates throughout the state run no higher than 9%, yet most of those counties present, at minimal, almost one (1) quarter to nearly half of their population as receiving Medicaid and other welfare benefits.

That is, again, the majority of participants in the Medicaid program already work but continue to live in poverty, lack employer-sponsored health coverage, and so on.  This is what we refer to as in-work poverty.

Medicaid Recipients in Michigan
According the Michigan Department of Health and Human Services (MDHHS), as of September FY2017 with a population of 9.962 million, there were 2,920,176 million recipients of Medicaid.  The U.S. Census Bureau reports the population statistics of Wayne County as of July 2017 at 1.753,616 with almost 46% receiving Medicaid benefits (see the MDHHS report). 

The poverty rate in Wayne County was 22.9% with unemployment at 6.3% during this same period, by the way.

Do we need any more proof that most people on Medicaid are already employed?

It should be noted that each Medicaid case and recipient was counted as receiving benefits at least once during the fiscal year (2017) and does not specify the length of time they were on Medicaid nor any other form of assistance received.

As such, in the numbers of Michigan Medicaid enrollees, the MDHHS report does not indicate how many recipients were employed and, if employed, were they working full or part-time, temporary or seasonal.  But the Bureau of Labor Statistics reported a 4.3% unemployment rate in the region during the same period.

So, it is safe to say that most Medicaid recipients have jobs.  That means, not only are employed Medicaid enrollees receiving federal health insurance benefits, they are also paying taxes.

Then, the question is how much in purported tax savings is there for non-Medicaid workers?

Still, some complain that the Healthy Michigan plan, targeted to low-income workers or the “working poor” through the Obamacare expansion in 2014 is unsustainable and needs to be reformed.  According to the Michigan Chamber of Commerce, the Healthy Michigan program is over-enrolled and underfunded (Detroit Free Press, April 2018).

But, we’ll save the discussion on how and how much Medicaid is funded for a later date.

Michigan Senate Bill 897 – Medicaid Work Requirement Rule
In the final draft of Senate Bill 897 which proposed changes to the Medicaid program in effect established new eligibility criteria.

In order to continue eligibility for Medicaid benefits recipients will be required to:

• Complete 80 hours (20 hours/wk.) of qualifying community engagement activities (e.g. work, school, or volunteering)
• Report their family income monthly.
• Report changes to family income within ten (10) days.
• Recipients failing to meet work requirements in a month will be given a warning and thirty (30) days to become compliant or lose their Medicaid benefits for one (1) year.

Was this post helpful?  Leave a comment and please share with your followers.  If you’re in need of case management services or need additional assistance complete the confidential Contact Form.  Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
 
Related Posts:
State Assistance Programs Enforce Work Requirements for Government Benefits
http://www.canmichigan.com/blog/state-assistance-programs-enforce-work-requirements-for-government-benefits
[Opinion] – The Working Poor: On Welfare with A Job
http://www.canmichigan.com/blog/opinion-the-working-poor-on-welfare-with-a-job
Poverty & Welfare, Human Behavior, and the Trump Election
http://www.canmichigan.com/blog/poverty-welfare-human-behavior-and-the-trump-election

​Links:
Healthy Michigan Plan Work Requirements and Premium Payment Requirements (SB 897)
http://www.legislature.mi.gov/documents/2017-2018/billanalysis/House/htm/2017-HLA-0897-78EF78F9.htm
LinkedIn Workforce Report – Detroit, October 2018
https://www.linkedin.com/jobs/blog/linkedin-workforce-report-october-2018-detroit-mi  
MDHHS Total Eligible Medicaid Cases and Recipients (FY2017)
https://www.michigan.gov/documents/mdhhs/GA-003-Annual_Medicaid_Cases_Recipients_513891_7.pdf  
U.S. Department of Labor – Bureau of Labor Statistics Databases, Tables & Calculations
https://data.bls.gov/timeseries/LASST260000000000003
U.S. Department of Labor – Bureau of Labor Statistics, Midwest Information Office, Michigan
https://www.bls.gov/regions/midwest/michigan.htm   
U.S. Census Bureau Quick Facts – Wayne County, Michigan
https://www.census.gov/quickfacts/fact/table/waynecountymichigan/PST045217
 
Articles:
Have Medicaid? New Michigan Bill May Force You to Work (April 2018)
https://www.freep.com/story/news/2018/04/18/michigan-medicaid-work/528197002/
Confused About Michigan Medicaid Reform? These Maps and Charts Explain It All (May ’18)
https://www.bridgemi.com/public-sector/confused-about-michigan-medicaid-reform-these-maps-and-charts-explain-all
Snyder: Deal on Medicaid Work Rules is ‘Basically There’ (June 2018)
https://www.freep.com/story/news/politics/2018/05/31/michigan-medicaid-work-rules/660980002/
Michigan and the ACA’s Medicaid Expansion (June 2018)
https://www.healthinsurance.org/michigan-medicaid/
Snyder Signs 80 Hour Medicaid Work Requirement Law
https://www.detroitnews.com/story/news/local/michigan/2018/06/22/michigan-medicaid-work-requirement-law/726538002/
Michigan Bill Forces Medicaid Recipients to Work 80 Hours Per Month (June 2018)
https://www.freep.com/story/news/2018/06/07/michigan-medicaid-employment-jobs-snyder/681138002/
Welfare Work Requirements Will Ease Poverty and Improve Our Workforce (July 2018)
https://www.usatoday.com/story/opinion/2018/07/25/welfare-work-programs-help-people-escape-poverty-column/806311002/
Some on Medicaid Must Adopt A ‘Healthy Behavior’ or Lose Coverage
http://www.crainsdetroit.com/article/20171022/news/642706/some-on-medicaid-must-adopt-a-healthy-behavior-or-lose-coverage

Category: Public Policy

​Announcement of the participating community organizations awaiting fund disbursement for the FY19 provision of winter utility bill assistance and self-sufficiency programs are subject to approval of state and federal appropriations budgets.

Michigan Senate Bill 848 (FY19 State Budget) was signed and submitted by Governor Rick Snyder on June 21, 2018.

FY19 Funding Factor
The Michigan Department of Health and Human Services (MDHHS) has announced the participating energy providers and those who have opted-out of the 2019 LIEAF surcharge and their estimated contributions to energy assistance programs.

A link is provided below of participating and non-participating energy providers.

The surcharge is a funding factor imposed by the Michigan Public Service Commission (MPSC) each year to fund utility assistance programs.

The FY18 funding factor for electric providers was .93 cents per meter.  The FY19 funding factor of .93 cents per meter was adopted on July 24, 2018 but should be finalized upon approval by the State Administration Board.

MEAP Grant Proposals
MEAP Grant Proposals were issued on June 29, 2018 with a return due date on July 31, 2018 to the Michigan Public Service Commission (MPSC) a division of the Department of Labor and Regulatory Affairs (LARA).

Community organizations were required to submit the proposal requesting MEAP grant funds for participating in the provision of assistance for utility bill payment and self-sufficiency programs to energy consumers.

MEAP Grant Proposals state an anticipated grant period for the 2019 fiscal year to begin on October 1, 2018 through September 30, 2019.

MEAP Energy Assistance Programs
Community organizations (private or public) or local governments are required to submit the request for grant funding (RFP) that includes the development of a self-sufficiency plan for eligible consumers.

The consumer must participate in the development of the self-sufficiency plan and it must be designed to resolve “energy crisis” situations, including:

• Pay energy bills on time.
• Budgeting for and contributing to their ability to provide for energy expenses.
  • Prioritizing enrollment in a utility affordable payment plan (APP) if the household meets eligibility criteria.
  • Utilizing energy services to optimize on energy efficiency.

Michigan Energy Assistance Act (MCL 400.1231) Energy Crisis Guidelines

• “Crisis” is defined as:
  1. An individual or recipient has received a past due notice on an energy bill.
  2. A residential fuel tank is estimated to contain not more than 25% of its heating fuel capacity.
  3. A stated need for deliverable fuel or a nontraditional fuel source in which there is no meter or regular energy bill provided.
  4. A notice that the balance in a prepayment account is below a minimum amount.
• “Crisis season” means:
  1. Refers to the period from November 1 through May 31 each year.
  2. Not more than 30% of the funds awarded for energy programs shall be spent on energy costs accrued outside the “crisis season” (June 1 – October 31).

An important note regarding the crisis season as set forth by MCL 460.9t(7) states:
“An electric utility, municipally owned utility, or cooperative electric utility that elects to not collect a low-income energy assistance funding factor shall not shut-off service to any residential customer from November 1 to April 15 for non-payment of a delinquent account.”

That is, energy providers who have “opted-out” of participation with the LIEAF surcharge are prohibited from terminating utility services from November 1 to April 15 each year.  Participating LIEAF providers are subject to the prohibition of utility shut-offs between November 1 and March 31.

Please review the 2019 LIEAF Estimated Surcharge Remittances from Electric Service Providers link below for a list of participating and non-participating energy providers.

• “Eligible low-income household” means:
  1. A household with an income not more than 150% of the Federal Poverty Guidelines.
• “Federal Poverty Guidelines” means:
  1. The poverty guidelines published annually in the federal register by the United States Department of Health and Human Services (DHHS).
  2. See the 2017 Federal Poverty Guidelines that will be in effect for the entire 2018 grant year set forth in the MEAP Policy Manual.

It should be noted here that the 2018 Federal Poverty Levels (FPL) will be the used for the 2019 income eligibility requirements for energy consumers.  The chart is available in the Community Resources section.

MEAP Program Enrollment
To date, there has been no official announcement for public access to assistance applications or registration for assistance with community organizations.

However, energy consumers in need of assistance can contact distribution agencies in the Community Resources section or visit the website information provided for more information.
Open enrollment dates and funding levels will be posted as soon as they are available.
 

Was this post helpful?  Leave a comment and please share with your followers.  If you’re in need of case management services or need additional assistance complete the confidential Contact Form.  Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US
 
Related Posts:
Community Resources Section – Federal Poverty Levels (FPL) Chart
http://www.canmichigan.com/community-resources-michigan.html
Michigan Energy Assistance Grants
http://www.canmichigan.com/blog/michigan-energy-assistance-grants
Energy Security in Michigan: The Michigan Energy Assistance Program (MEAP) Funding Factor
http://www.canmichigan.com/blog/energy-security-in-michigan-the-funding-factor
 
Links:
Michigan FY19 Budget
https://www.michigan.gov/snyder/0,4668,7-277-61409_85088---,00.html
2019 LIEAF Estimated Surcharge Remittances from Electric Service Providers
https://www.michigan.gov/documents/mpsc/2019_LIEAF_OPT-IN__OPT-OUT_Electric_Providers_629248_7.pdf
Michigan Energy Assistance Program (MEAP) – MPSC
https://www.michigan.gov/mpsc/0,1607,7-159-52493---,00.html
MEAP Request for Proposal (RFP)
https://www.michigan.gov/documents/mpsc/2019_MEAP_Grant_RFP_626762_7.pdf

Helpful Resources:
Michigan Agency for Energy (MAE) Home Heating Help
https://www.michigan.gov/documents/mpsc/mpsc-ca_homeheatinghelp_276964_7.pdf
MAE Instructions for Switching Natural Gas Providers
https://www.michigan.gov/documents/mpsc/mpsc-ca_naturalgaschoice_211932_7.pdf
MAE Tips for Terminating or Changing Utility Services
https://www.michigan.gov/documents/mpsc/mpsc-ca_tipsforterminating_211944_7.pdf
Michigan Public Service Commission (MPSC) Inquiries and Complaints
https://www.michigan.gov/mpsc/0,4639,7-159-16368_16415---,00.html
Michigan Energy Assistance Program (MEAP) FAQs (MDHHS)
https://www.michigan.gov/documents/mpsc/MEAP_FAQs_445488_7.pdf
MEAP Frequently Asked Questions (Washtenaw County)
https://www.washtenaw.org/DocumentCenter/View/1849/FAQs-PDF?bidId=


​The Heat and Warmth Fund Assistance Programs (THAW)
Utility Assistance Center
PH:      (800) 866-8429 (M – F, 8:30 am – 5:00 pm)
Website: thawfund.org/programs/

• Currently accepting applications for State Emergency Relief (SER), DTE, Consumers Energy and SEMCO Energy affordable rate plan programs.
• Enrollment for Low-Income Self-Sufficiency Plan (LSP) not yet available.

THAW MEAP Application and Eligibility Guidelines
https://thawfund.org/wp-content/uploads/2017/10/2018-MEAP-Application-THAW.pdf

Category: Public Policy

​The Local Government Labor Regulatory Limitation Act (Public Act 84) prohibits local governments, that is, cities and counties located within the Michigan territory to adopt Ban-the-Box laws that will regulate the screening procedures of public and private employers.

The original law (Public Act 104 of 2015) emphatically states that “matters of the employment relationship is a concern of the state”, in effect, stripping the authority of local governments to adopt an ordinance, local policy, or resolution that would infringe “don’t ask” regulations not expressly impermissable by law on employers.

EMPLOYMEE RIGHTS AND ANTI-DISCRIMINATION LAWS
There are literally a laundry list of rules regulating the hiring practices of employers in this country on the national and local levels, namely, the U.S. Civil Rights Act of 1964 and Americans With Disabilities Act (ADA).  These are the two most comprehensive statutory regulations enacted by the federal government preventing discrimination in hiring as well as protections from in-work injustices such as harassment and retaliation.

In Michigan, the Elliot-Larson Civil Rights Act and Persons with Disabilities Civil Rights Act protects applicants and existing employees against an even more expansive range of discriminatory hiring and employment practices.

Furthermore, the Michigan Department of Civil Rights, anti-discrimination laws in employment and housing, publishes a Pre-Employment Inquiry Guide for employers.  While the guide is intended to help employers maintain legal hiring and interviewing practices, it is also a handy tool that all job-seekers should familiarize themselves with.

U.S. and Michigan laws regulating hiring and employment practices:

• Elliot-Larsen Civil Rights Act (ELCRA)
• Persons with Disabilities Civil Rights Act (PWOCRA)
• Title VII of the Civil Rights Act of 1964
• Title I of the Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act
• Immigration Reform and Control Act of 1986

MICHIGAN EMPLOYMENT SCREENING REGULATIONS OVERVIEW
The broad language of Michigan employment laws covers several areas of importance in preventing discriminatory hiring practices, including:

• Recruitment
• Pre-employment Inquiries
• Job Description
• Arrest Records
• Data Collection
• Bona Fide Occupational Qualification
• EEO/Workforce Diversity Plans

Recruitment
Employers are encouraged to include statements promoting or affirming their commitment to equal employment opportunity practices.  However, they are prohibited from publishing or circulating advertisements that indicate candidate preferences, specifications or limitations based on race, religion, color, national origin, age, sex, height, weight, marital status, and disability.

Pre-Employment Inquiries
Employers and employment agencies are prohibited except as permitted by law to ask questions (verbal or written) to elicit information, attempt to elicit information, or express a candidate preference based on race, religion, color, national origin, age, sex, height, weight, marital status, and disability of a prospective employee.  This is intended to prevent characteristics which are not job-related from influencing the selection process.
​
Example of an illegal inquiry:
“How old are you?”  “No, thank you, we are looking for someone younger.”

Job Description
Employers are required by law to write descriptions outlining the required skills and abilities for each job position enabling employers to select the most qualified candidates.

Questions that elicit information that are unlawful during the pre-employment screening process may become legal once the extension of a job offer or hiring process begins.  Such information is needed for payroll and benefit processing but should not be included on job applications or asked during an interview.
​
Arrest Records
Michigan law prohibits employers from inquiring about misdemeanor arrests that did not result in a conviction but are permitted to ask questions about the following:

• felony arrests that did not result in a conviction
• misdemeanor convictions
• felony convictions

Some employers are required by law to conduct a criminal background checks on potential hires.  However, in most circumstances, employers may not refuse to hire or accept job applications from any and every person with criminal convictions.  This is prohibited under Title VII of the U.S. Civil Rights Act of 1964.

Data Collection
Employers are limited to gathering information as permitted or required by law for certain occupations, restricting access to that information, and collecting data otherwise prohibited by law after a conditional offer of employment has been extended to a prospective candidate.

Bona Fide Occupational Qualification
It should be noted that employers can request to be exempt from laws that prohibit hiring practices based on characteristics such as religion, national origin, age, height, weight, or sex if it is a bona fide occupational qualification (BFOQ).  That is, these characteristics are necessary for normal business operations.

The BFOQ must be requested prior to posting a job position but can be used as a legal defense against discrimination charges even if the BFOQ was never obtained.

A link to the Pre-Employment Inquiry Guide is provided below for more information.

EEO/Workforce Diversity Plans
The aggregate collection of data on race, religion, color, national origin, sex, or disability of applicants and employees as permissible by the requirement of Equal Employment Opportunity (EEO) and workforce diversity plans.

The information gathered must be separate from the hiring or promotional processes.

PRE-EMPLOYMENT INQUIRY GUIDELINES
​Source: Michigan Department of Civil Rights

1. Address

Lawful Pre-Employment Inquiry:
Applicant’s current or prior addresses.

Unlawful Pre-Employment Inquiry: N/A

    2. Age
Lawful Pre-Employment Inquiry:
Are you 18 years or older?

Unlawful Pre-Employment Inquiry:
Applicant’s age or date of birth.

    3. Arrests
Lawful Pre-Employment Inquiry:
Have you ever been convicted of a crime? or, Have you been arrested for a felony?

Unlawful Pre-Employment Inquiry:
Misdemeanor arrests that did not result in a conviction unless applicant is seeking a position with a law enforcement agency.  (Only unlawful in Michigan, not covered by federal law).

    4. Birthplace
Lawful Pre-Employment Inquiry: N/A

Unlawful Pre-Employment Inquiry:
Birthplace of applicant’s and applicant’s relatives; birth certificate, naturalization and baptismal records, unless required by federal law. (Documents required by the Immigration and Reform Control Act (IRCA) may only be collected after a conditional offer of employment has been made).

    5. Citizenship
Lawful Pre-Employment Inquiry:
Are you legally authorized to work in the United States?

Unlawful Pre-Employment Inquiry:
These questions are unlawful unless asked as part of the Federal I-9 process.

• Of what country are you a citizen?
• Are you a naturalized or native-born citizen?
• Are your parents or spouse naturalized or native-born citizens?

(The IRCA – Immigration Reform and Control Act mandates that employers verify citizenship and work authorization; but only after a conditional offer of employment has been made).

    6. Disability
Lawful Pre-Employment Inquiry:
Ability to perform the essential functions of the job with or without accommodation. (Only lawful if applicant has been informed of essential job duties).

Unlawful Pre-Employment Inquiry:
Physical or mental conditions which are not directly related to the requirements of a specific job.

    7. Education
Lawful Pre-employment Inquiry:
Applicant’s academic, vocational, or professional education and schools attended.

Unlawful Pre-employment Inquiry: N/A

    8. Genetic Testing
Lawful Pre-employment Inquiry: N/A

Unlawful Pre-employment Inquiry:
Applicant’s genetic information or requiring an applicant to undergo genetic testing is unlawful. (Unlawful in Michigan, not covered by federal law).

    9. Height or Weight
Lawful Pre-employment Inquiry: N/A

Unlawful Pre-employment Inquiry:
It is illegal to inquire (verbal or written) about an applicant’s height or weight. (Unlawful in Michigan, not covered by federal law).

   10. Marital Status
Lawful Pre-employment Inquiry: N/A

Unlawful Pre-employment Inquiry:
Marital status or children: asking applicants to specify titles such as Mr., Mrs. Or Ms. (Unlawful in Michigan, not covered by federal law).

   11. Name
Lawful Pre-employment Inquiry:
Applicant’s name or other names used.

Unlawful Pre-employment Inquiry:
Applicant’s maiden name. (Unlawful in Michigan, not covered by federal law). 

   12. National Origin
Lawful Pre-employment Inquiry:
Languages spoken or written by applicant.

Unlawful Pre-employment Inquiry:
Applicant’s lineage, ancestry, national origin, or nationality.

   13. Notice in Case of an Emergency
Lawful Pre-employment Inquiry:
Name, address, and phone number of a person to be notified in case of an accident or emergency.

Unlawful Pre-employment Inquiry:
Name, address, and phone number of a relative to be notified in case of an accident or emergency.

   14. Organizations
Lawful Pre-employment Inquiry:
The organizations and clubs to which applicants belongs with noted exceptions.

​Unlawful Pre-employment Inquiry:
Names of organizations to which applicants belongs if information will reveal the race, color, religion, national origin, or ancestry of the members of the organization.

   15. Photograph
Lawful Pre-employment Inquiry: N/A

Unlawful Pre-employment Inquiry:
Applicant’s photograph prior to hire.

   16. Race or Color
​Lawful Pre-employment Inquiry: N/A

​Unlawful Pre-employment Inquiry:
Applicant’s race, national origin, or color.

   17. Religion
​Lawful Pre-employment Inquiry: N/A

Unlawful Pre-employment Inquiry:
Religious denomination or affiliation; religious holiday’s observed.

   18. Sex
Lawful Pre-employment Inquiry: N/A

​Unlawful Pre-employment Inquiry:
Applicant’s gender; ability or desire to have children; child care arrangements.

COMMONLY ASKED QUESTIONS ON EMPLOYEE RIGHTS
Can an employer do a background check to verify your GPA?
Employers may request a copy of your college transcripts to verify your GPA.  It is permissible by law and may help in the selection process between candidates.

Can an employer ask if you are pregnant?
Inquiring about an applicant’s or employee’s pregnancy status as a condition of employment or a promotion is prohibited.  It is a violation of labor law and can result in legal liability against an employer.

Can an employer ask if you smoke?
While some states permit employers to inquire whether you are a smoker as a condition of employment Michigan law does not expressly regulate the practice.  It also does not require employers to accommodate smokers or non-smokers with designated areas and are generally free to adopt smoking policies at their own discretion.

However, issues of retaliation and harassment are directly prohibited by law.  Employees who experience or suspect adverse sanctions for smoking in the workplace should contact the Michigan Department of Civil Rights or consult a legal representative.

Can an employer run a credit check?
In Michigan, employers can pull your credit report, but your permission is required.  Not only does the law require your permission for an employer to request your records from credit bureaus, employers must also inform you of your rights under the Fair Credit Reporting Act (FCRA).  Additionally, if you are denied employment due to your credit history, the employer must provide you a copy of your credit report and notice of adverse action.  This provides the applicant an opportunity to respond.

Was this post helpful?  Leave a comment and please share with your followers.  If you’re in need of case management services or need additional assistance complete the confidential Contact Form.  Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
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Related Posts:
Michigan Bans-the-Box for Felons
http://www.canmichigan.com/blog/michigan-bans-the-box-for-felons
Ban-the-Box Laws: Employment Rights for Felons
http://www.canmichigan.com/blog/ban-the-box-laws-employment-rights-for-felons
State Assistance Programs Enforce Work Requirements for Government Benefits
http://www.canmichigan.com/blog/state-assistance-programs-enforce-work-requirements-for-government-benefits

Links:
Michigan Bans the Ban: New Law Stops Local Government Regulations on Employer Inquiries
https://ogletree.com/shared-content/content/blog/2018/march/michigan-bans-the-ban-new-law-stops-local-government-regulations-on-employer-inquiries
Michigan Department of Civil Rights: Pre-Employment Inquiry Guide
https://www.michigan.gov/documents/mdcr/Preemploymentguide62012_388403_7.pdf
What You Should and Shouldn’t Ask Job Candidates (For Employers)
https://www.businessknowhow.com/manage/quick.htm
Were You Denied A Job or Promotion Because of Your Credit Report?
https://www.micreditlawyer.com/employment-and-credit-reports/

Resources:
U.S. Department of Labor – Michigan
Occupational Safety and Health Administration
315 West Allegan Street, Suite 207
Lansing, Michigan 48933
PH:      (517) 487-4996
Fax:     (517) 487-4997

Equal Employment Opportunity Commission (EEOC)
Detroit District Office
477 Michigan Avenue
Room 865
Detroit, MI 48226
PH:      (800) 669-4000
TTY:    (800) 669-6820
Fax:     (313) 226-4610

Michigan Occupational Safety & Health Administration (MIOSHA)
530 W. Allegan Street
P.O. Box 30643
Lansing, Michigan 48909-8143
Phone: (517) 284-7777
Fax: (517) 284-7725
Toll-Free Complaint Hotline: (800) TO-MIOSH ((800) 866-4674)

Michigan Department of Licensing and Regulatory Affairs (LARA)
Wage and Hour Division
2407 N. Grand River Avenue
Lansing, MI 48906
PH:      (855) 464-9243 (Toll Free)
PH:      (517) 284-7800
Fax:     (517) 322-6352

Michigan Department of Civil Rights (MDCR)
PH:      (800)482-3604 (Toll Free)
TTY:    (877)878-8464
Website: www.michigan.gov/mdcr

Michigan Department of Civil Rights Detroit Service Center - Cadillac Place
3054 W. Grand Boulevard
Suite 3-600
Detroit, MI 48202
PH:      (313)456-3700
Fax:     (313)456-3701
Fax:     (313)456-3791 (Executive Office)
Divisions:

• Michigan Women’s Commission
• Division on Deaf, Blind, and Hard of Hearing

Website: www.MDCRServiceCenter@michigan.gov

Michigan Department of Civil Rights Lansing – Capitol Tower Building
110 W. Michigan Avenue
Suite 800
Lansing, MI 48933
PH:      (517)335-3165
TTY:    (517)241-1965
Fax:     (517)241-0546
Website: MDCR-INFO@michigan.gov
​
Michigan Department of Civil Rights Grand Rapids Office
State Office Building, 4th Floor
350 Ottawa N.W.
Grand Rapids, MI 49503
PH:      (616)356-0380
TTY:    (616)356-0391
Fax:     (616)356-0399

Michigan Alliance Against Hate Crimes (MIAAHC)
PH:      (517)335-3165
Website: mdcrcrt@miaahc.com

Category: Public Policy

 
There has been a slight change in Michigan’s ban on “Ban-the-Box” ordinances.

And a slight change it is.

On Friday, September 7, 2018, the term-limited Governor Rick Snyder, signed an executive-directive ordering all Michigan departments to remove questions about criminal histories from state job applications effective October 1, 2018.

More specifically, applications will no longer ask questions about prior felony convictions.

Furthermore, the governor has also asked the Office of Licensing and Regulatory Affairs (LARA) to remove criminal background questions from licensing applications for skilled-trade workers except where required by federal or state law.

That is, some professional licensing depending on the industry may or may not require a criminal background screening.

The good news for returning citizens is that this will prevent state departments from utilizing criminal histories as an initial screening for employment.

On the other hand, applicants seeking employment with the state will only be temporarily relieved of criminal background checks as they may be required to authorize it if offered employment after the initial application.

The bad news is that this new change of heart for the governor did not cause him to reverse the law in Michigan which bans “Ban-the-Box” ordinances in our state.  Neither did he apply his generosity to the private sector.  He only states the hope that the initiative will work and other public and private employers will follow suit.

Remember, this comes after he signed the “Local Government Labor Regulatory Limitation Act” into law on March 26, 2018.  The law states that cities and counties located in the State of Michigan are, in fact, prohibited from adopting "ban-the-box" ordinances for felony convictions. 

So, we’ll see how this pans out.

Was this post helpful?  Leave a comment and please share with your followers.  If you’re in need of case management services or need additional assistance complete the confidential Contact Form.  Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US

Related Posts:
Ban-the-Box Laws: Employment Rights for Felons
​http://www.canmichigan.com/blog/ban-the-box-laws-employment-rights-for-felons
City of Detroit Project Clean Slate Free Expungement Fairs 2018
http://www.canmichigan.com/blog/city-of-detroit-project-clean-slate-free-expungement-fairs-2018
Returning Citizens
​http://www.canmichigan.com/returning-citizens.html

Category: Public Policy

Social welfare speaks to the collective well-being of society and the state of a healthy balance for people.  Social welfare policy is the domain of maintaining society’s well-being and serves as the collective response to social problems.  The social welfare system consists of the organized efforts and structures used to provide societal well-being.

However, the government does not have a program called “welfare.”  But as a member of society, everyone is a part of the social welfare system where roles may vary depending on need, position, and at different points in life.  Still, every person that exists in society participates in the social welfare, both, as a provider and a recipient.

​
The blatant inaction of the federal government not to intervene in a social problem or act on behalf of society typically is a sign that a decision has been made not to make it a national concern; and, to leave it up to local communities or social service agencies to deal with it.
​
Social welfare programs are an outgrowth or product of social welfare policy.  These programs are a response to the economic and social conditions of society.

An example of this is the Social Security Act of 1935, the largest piece of welfare legislation until the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) which regulates our current welfare system.

The Great Depression was a time of such economic insecurity that something had to be done to correct the imbalance of the economy and provide some form of support for citizens.  The Social Security Act was the government’s response.

A Lesson in Values and Beliefs
Americans have a general value for supporting those in need such as giving to charity or just being socially caring but vary greatly in their view of these values.  Such issues as determining the responsibility for other’s well-being and whether it is a personal or public matter? Collective or individual concern?  Or, whether aid should be short or long-term?  All these concerns serve as conflicting values when it comes to welfare.

Values are said to be the worth, desirability or usefulness placed on something.  While beliefs are can be summed up as an opinion or conviction.

The thing to remember is that values are fluid.  That is, they change over time and, certainly, with changing circumstances.  For example, when a person is young and strong or financially stable they may firmly believe in personal responsibility.  However, with age and changing life circumstances that leads to the reliance on the help of others, they will likely become more receptive to a collective approach to living and giving.

Values and beliefs join forces when people have to decide whether they feel something is worth the investment of our resources such as time, money, or even public awareness.  They also make it difficult to gather a consensus for national commitment to social problems.

So, we examine the principles of values and beliefs which underpin social welfare services to help us understand the development, maintenance, and function of the social welfare system at any given point in time.  Because change always comes with time.

Areas of Division in Public Policy
Let’s discuss how some of our conflicting views as it relates to the approach and provision of social welfare, how those beliefs and value systems shape public policy, and how they affect the most needy and vulnerable in society.

The majority of disagreements over the best choices in public policy derive from some very powerful, deep-seated belief systems.  To this point, there are more broad areas of contention that have endured over time regarding social problems and how they should be addressed.

• Undeserving versus Deserving Poor
• Personal Failure versus Systemic Failure
• Individual Responsibility versus Social Responsibility
• Individual Change versus Social Change
• Self-Sufficiency versus Social Support
• Entitlement versus “Handout”
• Aid to Those We Know versus Aid to Strangers
• Religious and Faith-Based Practice versus Separation of Church and State
• Crisis Response versus Prevention
• Sympathy versus Empathy
• Trust versus Suspicion
• Rationality versus Emotions

A Brief Review of the Deserving versus Undeserving Poor
One of the biggest misconceptions I have heard is that only conservatives have a problem with welfare.  But, with our shifting culture and greater emphasis placed on individuality in society – more and more liberals have now adopted the personal responsibility mantra.

A demonstration of this was democratic President Bill Clinton’s Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), what we know as the Welfare Reform Bill.  This is where the welfare system forever changed with the introduction of work requirements for government benefits has its roots.

So, when we look at the deserving versus the undeserving poor, although not new, the idea has resurfaced in modern liberal circles, what is known as Neo-Liberalism.  Rest assured, there are neo-conservatives as well.

However, in this view of deserving versus undeserving poor the idea is that poverty is acceptable within certain categories of poor people.  Those categories typically include children, seniors, and disabled people that are accepted as “worthy of help.”  That is, these people are in need through circumstances beyond their control.

The other end of the spectrum is considered to be in control of their circumstances and they should be working hard, pulling themselves up by the bootstraps, and willing and grateful to accept any opportunity to work.  The problem with this perspective is that there is little to no consideration for cause.

The widow who lost all of their benefits due to the loss of a spouse or the unemployed worker whose company moved their job overseas are examples of legitimate cause.

The assumption is that all able-bodied, working-age adults who encounter poverty does so as a personal failure rather than social structures that create barriers to resources.  So, the political dilemma in writing social welfare policy is in determining whether the focus should be on the individual or society.

Final Thoughts…
Conflicts are inevitable in the social system and interventions are needed, sometimes on a broad scale depending on the extent of the conflict, to minimize their impact.  Social welfare policies and programs fulfills this need.

We will not expound on all of the conflicting values that have been outlined.  But I wanted to provide a brief examination of some of the issues faced in social welfare and provide an opportunity for us to consider the need and usefulness of federal aid.

The goal is to understand the underlying values and beliefs that shape the social consciousness of contemporary society and how we may use that information to navigate the current state of the social welfare system.

I want to encourage everyone to think clearly and objectively about how we feel on the issues that may not affect us today but what may be encountered in the future.  But, not just to have an opinion…be informed.
​
It is important to understand social welfare because it gives us the power to question, advocate for change, and make better decisions for our lives.  Those who know the true strengths and weaknesses of social programs are better able to plan for the future.


Was this post helpful?  Leave a comment and please share with your followers.  If you’re in need of case management services or need additional assistance complete the confidential Contact Form.  Also, consider donating to continue this important work and expand our reach to the broader community.

Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US

Related Posts:
State Assistance Programs Enforce Work Requirements For Government Benefits
http://www.canmichigan.com/blog/state-assistance-programs-enforce-work-requirements-for-government-benefits
Redefining Social Welfare…Again
http://www.canmichigan.com/blog/redefining-social-welfare-again

Category: Public Policy

The statewide expungement program in Michigan was designed to establish job training and placement programs for discouraged workers with chronic unemployment issues including the youth, veterans, and disabled with a focus on reentry programs for returning citizens transitioning out of correctional facilities.

Project Clean Slate Free Expungement Fairs in the City of Detroit began as an initiative to expand the program to all ex-offenders in Wayne County.

Criminal convictions affect many low-income residents in Detroit’s Wayne County.  A defendant must have been sentenced in order to be considered “convicted” of a criminal offense.  The national disparity of African-Americans with criminal backgrounds was 25% in 2016.  In Detroit, there is an estimated 100,000 people unable to obtain a job or housing due to felony convictions.  People who are granted expungements can state on employment and housing applications that they have no criminal convictions.  This will be a mutually beneficial between employers, potential job-seekers, and the public.

State of Michigan Eligibility Criteria for City of Detroit Project Clean Slate
You are not eligible for Set Aside (Expungement) in the State of Michigan if:

• It has been less than five (5) years since your release from prison, discharge from probation or parole
• If you committed or attempted to commit a felony for which the possible maximum punishment is a life sentence including, but not limited to, murder, armed robbery, etc.
• If you have been convicted of any offense classified as “Criminal Sexual Conduct” (CSC) in the First (1st) through Third (3rd) degrees or assault with intent for such conduct (including attempt).
• If you have been convicted of CSC in the Fourth (4th) degree and have more than two minor offenses.
• If you have been convicted of child abuse in the Second (2nd) degree.
• If you have been convicted of child pornography.
• If you have been convicted of an internet or computer offense.
• Any traffic violation is unable to be Set Aside, including drunk driving offenses.
• If you have a felony conviction of domestic violence in addition to a misdemeanor domestic violence offense.
• If you are convicted of a human trafficking crime and cannot prove that you were a victim of human trafficking.
• If you are convicted of an act of terrorism.
• If you have more than one felony, or more than two misdemeanor offenses.

Please review the statutory law for setting aside convictions in the download below and visit the Returning Citizens section for additional information.  You may also find other services with public and private firms for legal representation in the Community Resources section.

Was this post helpful?  Leave a comment and share your thoughts.  If you are in need of case management services or assistance, please contact us by completing the confidential Contact Form.  Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US

Related Posts:
Returning Citizens
http://www.canmichigan.com/returning-citizens.html
Ban-the-Box Laws: Employment Rights For Felons
http://www.canmichigan.com/blog/ban-the-box-laws-employment-rights-for-felons
Community Reources
 http://www.canmichigan.com/community-resources-michigan.html

Links:
Detroit Wins Grant to Help Ex-Prisoners Find Jobs
https://www.freep.com/story/news/2015/06/30/detroit-prisoner-reentry-federal-grant/29519905/
City of Detroit Project Clean Slate (Official Website)
http://www.detroitmi.gov/projectcleanslate
U.S. Department of Labor Announces Over $72M in Grants to Improve Employment Opportunities For Justice Involved Individuals
https://www.dol.gov/newsroom/releases/eta/eta20170627
​Detroit, MI Crime Rates
https://www.neighborhoodscout.com/mi/detroit/crime
City of Detroit 2016 Crime Statistics
http://www.detroitmi.gov/2016-Crime-Statistics
Detroit’s 100,000-Plus Convicted Felons Need Jobs Too
https://www.mlive.com/news/detroit/index.ssf/2016/07/detroits_100000-plus_convicted.html
Michigan’s Freedom of Information Act (FOIA)
http://www.legislature.mi.gov/(S(u2prly201xnqt0fdouvlbdy0))/mileg.aspx?page=GetObject&objectname=mcl-act-442-of-1976

Category: Public Policy

​The Victims of Crime Act of 1984 (VOCA) enacted by the U.S. Congress, therefore, established state-level Crime Victims Funds across the country as a reparations program to financially compensate individuals and families who suffer as a result of felony offenses above and beyond the judicial punishment of the criminal.

The law was expanded in Michigan by the Criminal Assessments Act of 1988 to include rights for victims of serious misdemeanors and juvenile offenses

Crimes compensated by the Crime Victims Rights Act vary by state to include:

• Homicides
• Violent Assaults
• Rape/Sexual Assaults
• Child Abuse
• Home Invasions/Burglary
• Domestic Violence

​Crime Victim Compensation programs are available in all U.S. States, administered by the Department of Health and Human Services (DHHS) but are funded by the restitution payments (fines and penalties) of federally-convicted criminals.

​No federal or state tax dollars are used to fund the program.

Crime Victim Services Funding and Allocations
According to the U.S. Department of Justice’s Office for Victims of Crime, in September 2013, the fund balance for crime victims services had reached $9 billion dollars in deposits from criminal fines, forfeited bail bonds, penalties, and special assessments.

Victims services and programs are also funded by gifts and private donations.  Due to large fluctuating deposits, the U.S. Congress imposed a cap on funding distributions in 2000 to ensure that the Fund remained a stable source for future services to crime victims.

​In FY2013, funding allocations was capped at $730 million.

​Funds are disseminated between states in the form of grants from the U.S. Department of Justice based on spending for crime victim services by the Department of Health and Human Services (DHHS) reported on annual certification forms.

​According to the Lansing State Journal (January 2018), Michigan received $5.6 million in funding for the past three (3) years for payments and support services to crime victims.

Program Administration in Michigan
The Michigan Crime Victim Services Commission (CVSC) is a state agency within the Michigan Department of Health and Human Services (MDHHS) which handles funding and services for victims of crimes through the Crime Victims Compensation Board.  See the Crime Victim Compensation Section for program and contact information.
​
Service Programs within the Crime Victim Services Commission (CVSC):

• Crime Victim Compensation
• Sexual Assault Forensic Exam (S.A.F.E.)
• Victim Rights
• Crime Victim Assistance (VOCA)

Crime Victim Compensation Legislation in Michigan
The Crime Victims Compensation Act - PA 223 of 1976 (M.C.L. 18.351 to 18.368) established the Crime Victims Compensation Board responsible for the reimbursement of expenses associated with personal injury resulting from acts of crime.  Program eligibility and coverage was expanded up to $25,000 in basic financial assistance in expenses accrued by individuals and/or their families when physically victimized by criminals.

To file a claim for reimbursement, you must use the Commission’s application form (a link is provided below) and you are entitled to a copy of compensation rules upon request.

Claim Filing Rules and Payment Limitations:
The following rules and limitations are not exhaustive.  Please refer to the link below to the Crime Victims Compensation Act of 1976 for a full review of the legislation.

• Claims are subject to time limits for filing but may be accepted late for “good cause.”
• Unborn children of a deceased victim are eligible for award.
• Children under a child support order for a deceased victim are eligible for award.
• Claimants are required to cooperate and provide information that will give rise to the investigation.  Claimants who refuse to cooperate with law enforcement or the commission board may be denied in whole or in part of the award.
• Claimants must not have participated (committed) in a crime, be an accomplice to the crime, caused the injury, or was doing something illegal and dangerous at the time of the injury.
• Claimants must justify the claim with documentation from law enforcement, medical providers, and employers within a reasonable time or be denied in whole or in part of the award.  A police report must be filed within 48 hours of the date of injury except for “good cause” or if the injured person is a child.
• Inmates are not eligible for award.
• Medical providers may not bill for services to sexual assault victims under the Sexual Assault Forensic Examination (S.A.F.E.) program.
• Peace officers who suffer personal injury due to an assault in the course of employment are eligible for award.
• Loss, damage, or theft to personal property are not eligible for award.
• Punitive damages for pain, suffering, physical impairment, and other nonpecuniary damages are ineligible for reimbursement.
• The claimant must have at least $200 in out-of-pocket expenses or two (2) consecutive weeks of loss of wages or financial support.  Wage loss and personal expense limitations are excluded for retired and disabled persons, and victims of sexual assault.
• Claims resulting from the operation of a motor vehicle are ineligible for reimbursement except when injuries result from a crime rather than a civil infraction.  Claimants from motor vehicle accidents are entitled to Personal Injury Protection Benefits and as such will be referred to the Department of State – Michigan Assigned Claims Plan.
• Funeral and burial expenses are limited to $2000 per victim for the date of injury on or before December 15, 2010.
• Personal family accommodations not directly related to the funeral service or disposition of the body including flowers, gravestones, food, travel, etc. are not eligible for reimbursement.
• Travel expenses for the victim’s body are included in the burial benefit.  Travel costs for family members are not considered eligible expenses.
• Awards for funeral expenses will not exceed eligible payments from public funds and other sources.
• Grief counseling are eligible expenses for family members of the victim including spouse, children, parents, siblings, grandparents, and grandchildren.
• Crime scene clean-up are eligible for reimbursement when the crime occurred at the home of the victim.
• Lost wages are an eligible benefit and a claim for lost earnings must be filed within one (1) year of the crime.
• Victims who are medically-determined as permanently disabled will be referred to the Social Security Administration for disability benefits.
• The commission may award periodic payments over and above the lump-sum benefit for financial hardship when loss of earnings or expenses impair the claimant’s or victim’s family standard of living.  Household financial resources will be considered in the assessment.
• Benefits are paid in a lump-sum award except direct payments for medical care and other service providers, and periodic payments for financial hardships.
• Documentation of household expenses, lost wages, medical treatment, and other services rendered to the victim or victim’s family must be verified from the preceding twelve (12) months for consideration of compensation.
• The board will retain claim files for four (4) years as required by law.
• Claimants must file an appeal for benefits that were denied within thirty (30) days of the written notification.

Claim Filing Limitations
Victims of crime must file a claim within one (1) year from the date of injury or one (1) year from the time of discovery that the cause of injury was criminal.

Victims do not always immediately recognize that certain acts are criminal such as in domestic violence situations and may consider the injury as natural or accidental.  In such cases, the victim may file a claim for cause at the time of discovery for a criminal act.

Claims for child abuse should be filed within one (1) year from the date of reporting to the police and before the child’s 19th birthday.

"Good Cause" Rules for Filing Late Claims
Claims may be accepted late for “good cause.”  The claimant must submit a written request to be considered for approval after the one (1) year time frame.

“Good cause” may be considered for the following reasons:

• if the victim is a child,
• if injuries are more serious than first believed,
•  if someone responsible for helping the victim failed to file the claim.

Claimants may file a claim immediately after injury and are not required to wait for an investigation, trial or prosecution to be completed.

If a claim is denied you must submit a written request for appeal within thirty (30) days.  Appeals can be requested in the form of a review of the file or a hearing before the Commission in Lansing.

Applications are available with the Crime Victim’s Service Commission, prosecuting attorney’s office, victim assistance service agencies, the state police, and other care providers.

A list of Crime Victim’s Service Agencies is available in the Community Resources section of this site and a link is provided to the application below.

General Summary of Benefits and Limitations
The Michigan Crime Victim Compensation Fund will cover funeral and burial expenses for fatally injured victims, pecuniary damages such as the loss of financial support for legally-dependent and unborn children of fatally injured victims, grief counseling for the family, hospital and medical bills if survivors are legally obligated for payment.

​The Fund does not cover the loss or damage of property, pain and suffering, relocation and living expenses, or costs to attend or participate in a trial.  The loss of earnings for the victim’s family members are also ineligible for reimbursement.

Tips for Filing a Michigan Crime Victim Compensation Application

• Fill out the application completely.  Complete all sections of the form.
• Submit copies of all bills and expenses you wish to claim.
• If additional medical care is needed ask your doctor to submit a written estimate of future expenses.
• You must submit copies of insurance statements for medical expenses if you have health insurance or Medicare.
• To claim lost wages, submit copies of recent paystubs and written disability letter from a doctor.
• To claim burial expenses, submit copies of an itemized funeral bill.
• To claim expenses for counseling, submit copies of an itemized bill and estimate for services from a therapist along with an assessment and treatment plan.
• To claim loss of support, submit last copies of check stubs or tax returns, Social Security Survivor’s Benefits, and life insurance statements of the deceased victim.

How long does it take to get crime victims compensation?
Once a claim is filed, the application is examined for completeness and the prosecuting attorney is notified.  The application is assigned a claim number and police reports are requested by a claim specialist.

The time frame to process an application depends on the completeness and accuracy of the application and how long it takes to receive police reports and other documents required to investigate.

​Incomplete applications will be returned with a request for additional information needed to process the claim.

Claimants are notified in writing of the Commission’s findings and a claim determination.

What happens if a claim is approved for crime victims compensation?
If a claim is approved, claimants will receive an itemized list of payments and payments will begin within a few days.

​Monies owed to medical providers will be paid to them directly.

Claims that are denied will be returned with a written explanation and the claimant has thirty (30) days to request an appeal.

The National Association of Crime Victim Compensation Boards (NACVCB) maintains a website database with links to all state crime victim compensation programs.  The links will provide specific information about each program’s benefits, requirements, and procedures for victim service-related claims.

In Michigan, the Department of Health and Human Services’ Crime Victim Services Commission is responsible for the allocation of funds to participating community organizations and processing all reimbursement requests.

Below you will find a link to the Michigan Department of Health and Human Services (MDHHS) Application and Checklist form.

Should I hire an attorney to file a crime victims compensation claim?
You may also consult an attorney to submit a claim.  By law, attorney’s fees may not exceed 15% of the claimant’s award or 25% in cases involving judicial review unless otherwise waived by the Crime Victim Compensation Board.
 

Was this post helpful?  Leave a comment and share your thoughts.  If you’re in need of case management services or assistance please Contact Us by completing the confidential contact form.  Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
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Related Posts:
Death, Burial, and Crime Victim Assistance
http://www.canmichigan.com/death-and-burial.html
Community Resources - Crime Victim Service Agencies
​http://www.canmichigan.com/community-resources-michigan.html
 
Links:
National Association of Crime Victim Compensation Boards (NACVCB)
http://www.nacvcb.org/index.asp?sid=6
Crime Victim Compensation Application and Checklist
https://www.michigan.gov/documents/mdch/CVSC_Comp_App_10-11_379345_7.pdf
U.S. Department of Justice - Office for Victims of Crime
https://www.ovc.gov/about/victimsfund.html
Crime Victim Compensation Brochure
https://www.michigan.gov/documents/mdch/CVSCBrochureJune2011_358764_7.pdf
About Crime Victim Compensation in Michigan
https://www.michigan.gov/mdhhs/0,5885,7-339-71548_54783_54853_54855-14162--,00.html
DHHS Bureau of Community Services – Crime Victims Services Commission
Feds Overpaid Michigan DHHS Nearly 260,000 in Crime Victims Funds, Audit Says
https://www.lansingstatejournal.com/story/news/local/capitol/2018/01/03/feds-overpaid-michigan-dhhs-nearly-260-000-crime-victim-funds-audit-says/999375001/
Crime Victims Compensation Act of 1976 (PA 223, Michigan Compiled Law 18.353)
https://www.michigan.gov/documents/mdhhs/CVSC_Rules2018_618053_7.pdf
Establishment of the Crime Victims Compensation Board (Crime Victims Service Commission)
www.legislature.mi.gov/%28S%28h1fpfk455emlxhrei1vjrozq%29%29/documents/mcl/pdf/mcl-Act-223-of-1976.pdf
Crime Victim Rights Fund/Criminal Assessment Instruction
www.michigan.gov/treasury/0,4679,7-121-1751_2194-7642--,00.html

For Community Organizations:
VOCA Guidelines, Program Grants, Application, and Regulation Information
https://www.michigan.gov/mdhhs/0,5885,7-339-71548_54783_54853_69769---,00.htm

Category: Public Policy

The Michigan summer sports season is well under way but it is worth mentioning that there are laws governing youth sports activities and resources for the prevention, detection, and recovery from sport injuries.  Michigan is the 39th U.S. state to enact laws (Public Act 137) regulating sports concussions and athletic activity which became effective June 30, 2013 and amended in October 2017.  The law requires all coaches, volunteers, employees, and other adults involved in the youth athletic activity or sports program to complete concussion awareness training which is available online and must be renewed every three (3) years.  Re-training requirements are determined by the Department of Health and Human Services (DHHS).

Concussions are a Traumatic Brain Injury (TBI) which can be mild to very serious caused by a blow or jolt to the head or body that jerks the head and brain rapidly back and forth.  Concussions are typically sustained in sports, falls, motor vehicle accidents, assaults, and other incidents but cannot be detected on brain imaging technology such as Cat Scans (CT Scans) or Magnetic Resonance Imaging (MRI).  The sudden jolt of the brain causing it to bounce around or twist can lead to chemical changes or sometimes stretching and damaging brain cells.  Still medical professionals generally consider them mild brain injuries and non-life threatening.
​
The organizing entity (sports program) is required by law to provide the necessary training and educational materials on the signs, symptoms and consequences of concussions to participating youth and their parents/guardians.  Parents/guardians are required to sign a consent acknowledging the receipt of training materials and resources.  Athletes suspected of sustaining a concussion must also be immediately removed from a sporting activity and not allowed to return until the receipt of a written clearance from an appropriate health professional.  The law excludes individuals age 17 and enrolled solely in an institution of higher learning.  Follow the links below for more information on Michigan legislation and training resources.  Please feel free to share your experience with injuries as a result of your youth participating in summer sports, it may be helpful to someone else.

Related Posts:
Community Board

Links:
Michigan Concussion Laws
https://www.michigan.gov/mdhhs/0,5885,7-339-71548_54783_63943-295306--,00.html
Michigan’s Sports Concussion Law: Compliance Checklist
https://www.michigan.gov/mdhhs/0,5885,7-339-71548_54783_63943-297176--,00.html
Youth Sports Training
https://www.cdc.gov/headsup/youthsports/training/index.html
High School Sports Training: Concussion in Sports
https://nfhslearn.com/courses?searchText=Concussion
CDC: Opportunities to Reshape the Culture Around Concussions in Sports
https://www.cdc.gov/headsup/resources/playbook.html
REAP the Benefits of Good Concussion Management (2013)
https://issuu.com/healthone/docs/reap_oct21
Recovering from Mild Traumatic Brain Injuries/Concussion
https://www.michigan.gov/mdhhs/0,5885,7-339-71550_2941_4868_42176-201416--,00.html
Additional Resources
https://www.michigan.gov/mdhhs/0,5885,7-339-71550_2941_4868_42176-201416--,00.html

Category: Public Policy

As Republicans roll out their ideological model of welfare reform, work requirements for welfare benefits reemerge for millions of the nation’s poor.  The agenda has two primary goals: make the poor earn their government benefits and reduce welfare rolls purported as a necessity to move the dependent to self-sufficiency and restore American prosperity.  While it is true that there is a dignity associated with work and self-sufficiency, the fear is a misguided plan that will adversely affect those with legitimate need without adequate support and resources.

This is, of course, not the first time that we’ve seen this plan.  President Clinton rolled out a similar mandate back in 1996 – problem was, there were no jobs.  Things are a little different because most welfare recipients today are currently employed.  Since the advent of TANF (Temporary Aid to Needy Families), our current welfare system, a work requirement for benefits clause is already in place.  Trump simply signed an Executive Order to cut funding to major programs (i.e. Medicaid and food stamps) and asking states to reinforce the mandate in effect reducing rolls by eliminating recipient benefits.

However, it is a fact that the economy is booming with unemployment rates at all-time lows even below the 5% national standard for full employment.  According to the Bureau of Labor Statistics, the national rate stands at 3.9% and a 4.6% rate here in Michigan as of May 2018.  Even Detroit carries an estimated low of 8.6% as of March 2018 plummeting from its peak of a 28% unemployment rate in 2009.  All things considered, the official numbers (both nationally and locally) would likely double since part-time and discouraged workers are not included.  Still, there is a marked improvement in job availability and employment opportunities now than what it was under Clinton’s plan in 1996.

People are also more educated these days as high school graduation and college enrollment rates have risen drastically over the past decade.  The national high school graduation rate is at 84%.  The State of Michigan is holding at about a 79% graduation rate since 2015, and Detroit’s graduation rate stands slightly over 80% for the 2016-17 school year, according to the Michigan Center for Educational Performance.  Unfortunately, though, only about 30% of American adults hold a Bachelor’s degree.  Only 39.4% of working-age adults (between 25 and 64) hold a two-year degree.  That number drops in the Detroit area with a low 28% college graduation rate showing about 11% with Bachelor degrees and just over 8% holding a two-year Associates degree.  That’s according to the Open Data Network (2016).

White House Budget Director, Mike Mulvaney (CNN Money, May 2017) states, “We are no longer going to measure compassion by the number of programs or the number of people on those programs.  We’re going to measure compassion and success by the number of people we help get off those programs and get in charge of their lives.”  As such, the employment requisite is set to offer a variety of options for recipients to satisfy the work requirement such as documented job-seeking activities, going to school, performing community service, or participating in a job-training program.

But the plan may be misguided or incomplete, at best, because most welfare recipients already have jobs as a requirement of the current benefit structure under TANF.  The plan also does not take into consideration the many barriers to employment such as the required job skills and qualifications needed to obtain a job, transportation, child care, or, even, health.  Then, what happens when we factor in the part-time workers who are employed but less than the mandated work requirement and can’t find full-time jobs.  And, what about the fact that this same plan calls for defunding job training programs.  We can be sure that the severely poor will get caught in the cross-fire and lose their safety net in the process.

Some tend to forget that the poorest population are children at a national poverty rate of 21% - that’s about 15 million U.S. children who live in abject poverty.  We have become so defocused by able-bodied adults on welfare that it is forgotten that those benefits are received because of needy children or disabled persons in the household.  Furthermore, the benefit structure of TANF imposes lifetime limits on assistance up to five (5) years and no longer allow benefits to be significantly raised for every additional child born to the household.  That was the AFDC (Aid to Families and Dependent Children) program.  Yet, these myths continue to be perpetuated to stigmatize the poor who depend on government assistance to survive.

Here’s the breakdown of employment for Medicaid recipients: 41% are employed full-time, 18% work part-time, and another 41% are unemployed.  The percentage of unemployed recipients include children, seniors, and the disabled.  The clear target of the States’ revival of work mandates are the able-bodied, working-age adults who acquired health insurance from the Medicaid expansion provision through Obamacare.  This provision, in effect, made Medicaid an entitlement as some would assess.  Under TANF, work requirements only applied to food stamps, cash, and housing assistance.  Medicaid had no work requirement clause so states could not mandate recipients to work for government healthcare, until now.
​
In Michigan, legislators voted to implement a “workforce engagement rule” under Medicaid.  This will require recipients to maintain full-time employment, at least 29 hours per week to retain their health coverage.  Trump signed his Executive Order on Tuesday, April 10, 2018, a week later the Michigan Senate passed the work requirements bill for Medicaid on Wednesday, April 18, 2018.  The rule will go into effect in October 2019 and does provide for satisfying the requirement by either employment, school, or job-seeking activities.  Michigan residents who live in counties with an 8.5% unemployment rate or higher, disabled persons, full-time students, and those receiving substance abuse treatment would be exempt from the rule.
​
Was this post helpful?  Leave a comment and share your thoughts.  If you’re in need of case management services or assistance please Contact Us by completing the confidential contact form.  Also, consider donating to continue this important work and expand our reach to the broader community.
Contact Us:
http://www.canmichigan.com/reach-out-to-us.html
Donate:
https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US

​Related Posts:
[Opinion] The Working Poor: On Welfare With A Job
http://www.canmichigan.com/blog/opinion-the-working-pooron-welfare-with-a-job
Community Resources
http://www.canmichigan.com/community-resources-michigan.html
 
Links:
Trump Signs Executive Order Pushing Work Requirements for Welfare Recipients
https://www.cbsnews.com/news/trump-signs-executive-order-pushing-work-requirements-to-receive-welfare-benefits/
MI Senate Passes Bill That Would Require People on Medicaid to Work
https://www.wxyz.com/news/mi-senate-to-vote-on-bill-that-would-require-people-on-medicaid-to-work
Republicans Want the Poor to Work for their Government Benefits
http://money.cnn.com/2017/05/30/news/economy/republicans-work-requirements-poor-benefits/index.html
Bureau of Labor Statistics
https://data.bls.gov/timeseries/LASST260000000000003
Detroit’s True Employment Rate
http://michiganradio.org/post/detroits-true-unemployment-rate
Open Data Network
https://www.opendatanetwork.com/entity/310M200US19820/Detroit_Metro_Area_MI/education.graduation_rates.percent_bachelors_degree_or_higher?year=2016
Trump’s Budget Proposes 40% Cut to Job Training Programs
http://money.cnn.com/2017/05/24/news/economy/trump-budget-job-training-programs/index.html?iid=EL

Category: Public Policy

So, why do we look at the numbers?  We do not review the numbers simply to gauge the rates of criminality, initial incarceration, and relapse.  But the numbers also give us a sense of urgency about the need to appropriately reengage former offenders and an idea about the window of opportunity to do so.  Furthermore, the numbers reveal the need for more opportunities, fair chance laws, and supportive services for individuals with criminal backgrounds.

The subject of fair chance laws lends to the issue of a little-known concept called “Ban-the-Box.”  As people return to society with criminal records they are likely aware of most challenges they will face.  The range of challenges can go as far as gaining employment, establishing independent living, acquiring a driver license or student loan, or having access to healthcare and other social service benefits.  These factors can be a set-up for failure even for those with the best intentions causing them to reoffend and reenter the criminal justice system.  Under these difficult circumstances, there is a law that you should know about that may increase your chances of obtaining new employment for those on a quest to reenter the workforce.

The “Ban-the-Box” or “Fair Chance” law addresses the issue of whether, or not an employer can include questions about an individual’s criminal background or convictions on employment applications.  Currently, there are seventeen (17) states who have adopted “Ban-the-Box” laws including California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Ohio, Rhode Island, Vermont, and Virginia. 

With over 100,000 (about 15%) of adult African American Detroiters (ages 25 - 54) with felony records in 2010, Detroit adopted a "Ban-the-Box" ordinance and further required contractors and vendors with the City to completely remove criminal history questions from applications.  However, adopting a form of the fair chance ordinance for employment and housing vendors who receive grants from the City still did not apply to private employers and landlords.  But, although the law was gaining ground, Michigan Governor Rick Snyder opposed legislation that would require government or private employers to remove questions about criminal or credit histories from applications.  Instead, the "Local Government Regulatory Limitation Act" was signed into law on March 26, 2018.  The law states that employers located in cities and counties in the State of Michigan are, in fact, prohibited from adopting "ban-the-box" ordinances for felony convictions, in effect, reversing the menial progress made.
​
It should also be noted that “Ban-the-Box” laws only prohibit employers from asking about your criminal history until after you have been identified as a viable candidate for a job.  Know the law in your state and check the links below for more information.

Related Posts:
RESOURCES FOR RETURNING CITIZENS SECTION
www.canmichigan.com/returning-citizens.html

​Links:
Bureau of Justice Statistics
https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4986
CBS News Article: “Once a criminal, always a criminal?” (April 2014)
https://www.cbsnews.com/news/once-a-criminal-always-a-criminal/
Business Insider: “Why is Norway’s prison system so successful?” (December 2014)
http://www.businessinsider.com/why-norways-prison-system-is-so-successful-2014-12
Jobs for Felons Hub: “Will a felony show up after seven years?”
https://www.jobsforfelonshub.com/will-felony-show-seven-years/
Federal Trade Commission: Fair Credit Reporting Act
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-credit-reporting-act
Goodwill Industries: “Understand your employment rights as a person with a criminal background”
http://www.goodwill.org/blog/career-and-financial-advice/understand-your-employment-rights-as-a-person-with-a-criminal-background/
​Employment Law Lookout: "Michigan Bans Local Ban-the-box Laws"
​www.laborandemploymentlawcounsel.com/2018/04/michigan-bans-local-ban-the-box-laws/
ACLU: Request for Fair Chance in Detroit Ordinance Overview
http://www.detroitmi.gov/Portals/0/docs/CM%20-%20Ayers/Docs/FairChanceOrdinance.pdf