New policy affecting FIA benefits for children

1. Issue Alert
12-09-01
Program Area: Family Independence Program (FIP)
Issue Summary: DHS policy effective 10-1-12 requires full-time school
attendance by both dependent children and minor
parents for continued eligibility for FIP. If FIP is
terminated due to inadequate school enrollment or
attendance, reinstatement will not occur until the
student attends 21 consecutive days of school.
Persons Affected: All FIP groups with dependent children between ages of 6 and
17 or with a child age 18 and attending school fulltime.
Date: September 27, 2012
For More Information: Center for Civil Justice Michigan Poverty Law
320 S. Washington, 2nd Floor Program
Saginaw, MI 48607 611 Church Street, Suite 4A
(989) 755-3120, (800)724-7441 Ann Arbor, MI 48104-3000
Fax: (989) 755-3558 (734) 998-6100
E-mail: info@ccj-mi.org (734) 998-9125 Fax
BACKGROUND
DHS has announced that it is modifying policy to require school attendance by all children
under 16 in the FIP group in order for the family to maintain FIP eligibility. The details of
the new policy will not be public on the DHS website until October 1st. It has been DHS’s
recent practice not to post the policy until its effective date. The Bridges Policy Bulletin
(BPB) announcing the policy changes has not been posted, either, but has been provided
to some organizations and news outlets. This Alert is based on the BPB.
CCJ plans to update this information as soon as possible after the policy is published.
Advocates working with affected families may contact the Center for Civil Justice for
additional information.
Current Policy
Under current policy, dependent children age 16 or 17, dependent children age 18
attending high school full time and expected to graduate before age 19, and all minor

2. parents must attend school full time. Their school attendance must be verified at
application, redetermination, and at each birthday.
If a dependent child ages 16-18 fails to verify full-time attendance, she or he is not
eligible for FIP. If the 16-18 year old is the only dependent child in the group, and she or
he fails to verify school attendance, the parent(s) also will become ineligible for FIP. If
the 16-17 year old child has graduated from high school, she or he remains eligible until
age 18. (BEM 210, 240 and 245.) [Note: the policy on 16 and 17-year olds was new in
October 2011, prior to that date, 16- and 17- year olds who did not attend school were
assigned to JET and the entire family could be disqualified if the teen failed to comply with
JET without good cause.]
If the minor parent is not enrolled in school full time and does not have good cause, the
entire group – the parent and all her or his children - will be ineligible for FIP for a
minimum of one month.
(BEM 201 and 245.)
WHAT'S HAPPENING?
Effective on October 1st, DHS is modifying policy to require school attendance by 6
through 15 year olds in order for FIP groups to continue to receive benefits. CCJ has
questions about whether the modified policy is lawful.
Verification Requirement: At application and annual redetermination, parents seeking FIP
will have to provide verification of full time school attendance for children ages 6 through
16 (and those age 18 who are attending high school fulltime and expected to graduate
before age 19). For 16 and 17-year-olds who are dependent children in the group, and
for minor parents, verification will be required at application and redetermination and at
each birthday.
The policy is modified by adding FIP school attendance requirements for dependent
children from age 6 to 17, as well as for minor parents under age 17. It does include
some correspondence and web-based courses that are administered by a school or used
as part of a home school curriculum. Some home schooling is acceptable if it is part of an
organized educational program which includes specific educational subject areas. CCJ
thinks that DHS Form 3380 currently in use to verify education for 16 and 17 year olds
will need to be significantly modified. If a member of the FIP group fails to satisfy
requirement for student enrollment or attendance, the entire group’s eligibility for
FIP is lost. In order to regain FIP eligibility for the group, full-time school attendance is
mandatory and must be verified for 21 consecutive calendar days. How benefits will be

3. calculated or paid for this interim 21-day period, or whether the family is disqualified for
benefits during this period, is unclear.
Verification of enrollment and attendance is required at application and redetermination
for all students from age 6 and up. A referral to CPS and the school district truancy
officer is required if a dependent child age 6 to 17 is not enrolled or attending school or
participating in an organized education program.
There a number of practical questions that are not clear at this time:
- How does the policy accommodate the special needs of children with disabilities?
- What absences will be excused, how are they verified and by whom?
- What is required of a parent who cannot receive paid childcare (because the child is
13 or older) but whose job requires them to leave home before the child leaves for
school?
WHAT SHOULD ADVOCATES DO?
1. Stay tuned for updated issue alert with comprehensive analysis as soon as possible after
the policy is issued (presumably on 10-1-12).
2. Educate clients and community organizations about this change.
3. Provide information to CCJ about families that are being harmed by the policy. Please
call CCJ at the number at the top of this form, to find out how to communicate
information to CCJ.
4. Help clients request and present information at administrative hearings when
appropriate.
WHAT SHOULD CLIENTS DO?
1. Contact your child’s school any time your child has to miss class and has a good reason
to miss school. Keep copies of any papers that help prove the reason (like medical
appointments).
2. Turn in verification when you are asked to do so. Do not ignore it and make sure you
understand when it is due. Keep a record of how and when you submitted the
completed form to DHS.
3. Ask your caseworker for help if you do not understand what information is needed or if

4. there is not enough time to get the form filled out between when you received it and
when it is due. If you cannot reach the caseworker, contact the supervisor.
4. Keep envelopes that your verification checklist letter comes in so you know the date it
was actually mailed.
5. Seek legal advice if you are told your cash assistance benefits are going to be
terminated due to student enrollment or attendance issues.
6. Read your notices carefully. If your FIP is ending, you have the right to request a
hearing. If DHS receives your hearing request within the deadline given in your notice,
you will continue to receive FIP at your current level (but if you lose, will owe DHS any
assistance you were not entitled to). Seek legal help if you request a hearing.