Skip Navigation
Michigan Department of Human, Official Website for the State of Michigan Home
close print view

Michigan DHS Appeals Welfare Law Ruling

Contact: Dave Akerly, Director of Marketing and Public Relations 517-373-7394

Lansing, Mich. March 28, 2012. -  The 7th Judicial Circuit Court in Genesee County, Judge Geoffrey Neithercut issued a ruling on March 27, 2012 in the class action suit Smith, et al v. Corrigan (DHS).

In the opinion, the court ruled that the Michigan Department of Human Services exceeded its authority when it enacted a rule limiting temporary cash assistance benefits to a period of no more than 60 months.

The DHS rule is designed to be consistent with federal law limiting use of block grant funds for temporary cash assistance benefits to no more than 60 months.

On careful review of the ruling, DHS believes the ruling is not consistent with state law, which gives DHS authority to enact rules to achieve efficient, fair, cost-effective administration of the program. If Judge Neithercut's ruling remains intact, then the state will be required to pay temporary cash assistance benefits for an indefinite period of time, out of the state's general fund, notwithstanding the federal 60-month limit.

The Department believes that the opinion issued by the judge is legally incorrect and looks forward to a full airing of this issue at the next level. The Court of Appeals has already ruled, at an earlier stage in this case, that the plaintiff class members are not likely succeed on the merits of their claim.

Accordingly, DHS now seeks a reversal of this opinion on an appeal to the Michigan Court of Appeals. While that process is underway, DHS also seeks a stay of the judge's order. A motion for a stay will be filed in the Genesee County Circuit Court and, if necessary, will be filed in the Court of Appeals as well.

Related Content
 •  Storm knocks out power to Antrim County DHS
 •  First Lady Sue Snyder applauds Detroit Medical Center's efforts to advance safe sleep practices
 •  Audit shows Michigan Office of Child Support is effective in collecting, distributing payments
 •  Foster youth invited to DHS ‘shopping event' to receive clothes for the new school year
 •  Michigan Department of Human Services will work with federal partners to investigate disability fraud - Efforts could save taxpayers millions of dollars
 •  DHS partners with GVSU and Kellogg Foundation to evaluate impact of ‘Pathways to Potential' in Michigan schools
 •  Michigan Department of Human Services, Partners Assisting Detroit Water Customers
 •  Michigan Career and Technical Institute and Michigan Works! Deliver Innovative Certified Nursing Assistant Training Program
 •  Macomb County Pilot Project to Better Serve Michigan Veterans Wins National Recognition
 •  DHS Pursues Disciplinary Action for Group Child Care Home License in Eaton County
 •  Oakland Walled Lake DHS office loses power; clients directed to online services, other nearby offices
 •  DHS Summarily Suspends Adult Foster Care License in Wayne County
 •  Granting 30 Wishes In 30 Days for 30 Michigan Foster Children and Parents
 •  MiSACWIS Soft Launches April 30
 •  State Leaders and Faith Community Gather for Third Annual Foster Care/Adoption Summit
 •  Michigan Office of Child Support Announces Online Child Support Services Application
 •  Michigan Launches Healthy Michigan Plan Enrollment Activities
 •  Submitted to Federal Court: Fourth Report Measuring State's Progress under Child Welfare Settlement
 •  Reform to Improve Outcomes for Michigan's Foster/Adopted Children
 •  DHS Director to receive National Mentoring Award
QR code Home
PoliciesMichigan Survey

Copyright © 2014 State of Michigan