RFR-Page 2
Policies-Child Support Policy-Section 2.15-Cooperation/Noncooperation/Good Cause; Bridges
Eligibility Manual BEM 255-FAP Member Disqualification; Bridges application, Bridges forms, Office
of Child Support forms, MDHHS booklets regarding program rights and responsibilities.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for
the current year?
The rules are listed on the department’s annual regulatory plan for 2023-24.
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act
of 1969, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The proposed rules do not exceed similar regulations, compliance requirements, or other standards
adopted at the state, regional, or federal level. The federal government gives states the option of
requiring cooperation for paternity and child support when applying for FAP. Michigan is only one of
seven states/territories which requires child support and paternity compliance for food assistance.
This requirement creates an unnecessary hardship for families seeking food assistance.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
Yes. The rules require additional work for families and have a potential impact on a family’s ability to
receive the full food assistance benefit for their group size. Additionally, the rules require added work
by the local office eligibility specialist and the child support specialist. This work is exacerbated when
the parent does not comply or is unable to comply with the requirements or if the parent claims “good
cause” for not pursuing child support. The good cause determination process and child support
cooperation process is cumbersome and often difficult for both the Department as well as the client.
The process of claiming good cause removes other services under Title IV-D. It can lead to
unnecessarily invasive questions in addition to dilemmas for the family when deciding if pursuing child
support is safe or in the best interest of their family. Families should not have to choose between
being able to feed their family and the potential issues that come from pursuing child support from an
unwilling parent. Child support services should be an option, not a requirement for food assistance
benefits.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules and
the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
In addition to this review, the rules were last reviewed in 2022 for review for changes in light of any
new federal or state law for public assistance.
16. Are there any changes or developments since implementation that demonstrate there is no
continued need for the rules, or any portion of the rules?
The overall rule set is needed. Only the two identified rules, R 400.3009 and R 400.3010, have been
identified as no longer needed.
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL
24.239(2))? If so, please attach the decision record.
No
Based on the information provided in this RFR, MOAHR concludes that there are sufficient policy and legal
bases for approving the RFR. The RFR satisfies the requirements of the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive Reorganization Order No. 2019-1, MCL 324.99923.
MCL 24.239