Section 400.10a - Disclosure of certain recipients to law enforcement agency; federal approval; definitions. - Michigan Statutes

THE SOCIAL WELFARE ACT (EXCERPT)
Act 280 of 1939

400.10a Disclosure of certain recipients to law enforcement agency; federal approval; definitions.

Sec. 10a.

(1) Notwithstanding any other provision of this act, and subject to subsection (2), the family independence agency shall disclose the address of a recipient or known member of a recipient's household to a federal, state, or local law enforcement officer if all of the following requirements are met:

(a) The officer furnishes the family independence agency with the name of the recipient or known member of the recipient's household, the recipient's or member's social security number or other identifying information, if known, and information showing that the recipient or member of the household is subject to arrest under an outstanding warrant arising from a felony charge or under an outstanding warrant for extradition arising from a criminal charge in another jurisdiction, or is a material witness in a criminal case arising from a felony charge.

(b) The officer provides a written statement to the family independence agency attesting that locating or apprehending the recipient or member of the recipient's household is within the officer's official duties and that the information is necessary for the officer to conduct his or her official duties.

(2) If federal approval is required in order to prevent the loss of federal reimbursement as a result of the application of this section to a recipient receiving family independence assistance or food stamps, the family independence agency shall promptly take any action necessary to obtain federal approval. In the absence of any necessary federal approval, the family independence agency shall apply this section only to recipients of state family assistance and state disability assistance.

(3) As used in this section:

(a) “Felony” means a violation of a penal law of this state or the United States for which the offender may be punished by imprisonment for more than 1 year, an offense expressly designated by law to be a felony, or a violation of felony probation or parole.

(b) “Known member of a recipient's household” means an individual listed on the recipient's application for public assistance as an individual who is living with the recipient.

(c) “Material witness” means an individual who is required by subpoena, summons, certificate, or other order of a court to appear and give testimony in a criminal case.

(d) “Public assistance” means family independence assistance, state family assistance, state disability assistance, or food stamps provided under this act.

(e) “Recipient” means an individual receiving public assistance.

History: Add. 1996, Act 190, Eff. Oct. 1, 1996
Popular Name: Act 280