10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
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, 1969 PA 306, MCL 24.244, or under the full rulemaking 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.