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Issue 18  Winter 2003

  Table of Contents

Elder Law

Family Law

Housing Law

Consumer

MPLP 2003 Training Schedule

Public Benefits

Technology

Clinic


THE MPLP INDEX
This quarterly index reports surprising statistics about poverty-related issues. The Index has been a feature since the beginning of the MPLP eNewsletter. The Index is researched and compiled by MPLP's Housing Law attorney, Jim Schaafsma. The poverty statistics in the Index are a timely reminder of how important the work of Legal Services attorneys and staff is in assisting those in need.


A N N O U N C E M E N T S

The 2003 CLASP Audio Conference Series:
"How Will Low-Income Children and Families Fare in the 108th Congress?" Information about this year's CLASP audio conference series.

Conference on Racial & Ethnic Fairness in the Legal System in conjunction with the 15th Annual Meeting of the National Consortium on Racial and Ethnic Fairness in the Courts April 9-12, 2003, Renaissance Center Marriott Hotel, Detroit, Michigan
Information about Michigan's first conference on Racial & Ethnic Fairness in the Legal System.

3d Annual FCRA Conference
The National Association of Consumer Advocates (NACA) will hold its third annual Fair Credit and Reporting Act (FCRA) Conference from March 7-9 in Orlando, Florida at the Orlando Wyndham Resort. This year, NACA will add an introductory session on the FCRA geared to folks who have had only limited experience litigating these cases. The introductory session will be held on Friday, March 7th from 1-5 PM. Check the website, http://www.nacaonline.com/2003.html, for more information.

Consumer Law Taskforce
The next Consumer Law Taskforce meeting is scheduled for March 18th at the State Bar. Don't forget!


S P E C I A L _F E A T U R E S

No License? No Authorization? No Advice!
The Problem of Unauthorized Immigration Law Consultants

by Kish Enstice, Immigration Assistance Program of the Diocese of Kalamazoo
& Danny Inquilla, Farmworker Legal Services

Unfortunately, many low-income immigrants seek immigration advice from non-attorneys who are also not authorized by the Board of Immigration Appeals to perform immigration work.

Legislative Update by Stephanie Johnson-Wuttke, Michigan Advocacy Project
The good news and the not-so-good news on the legislative advocacy front...

Federal & State Tax Credits Can Return Dollars to Low-Income Michigan Households by Sharon Parks, Senior Research Associate, Michigan League for Human Services Low-income taxpayers can benefit from a variety of federal and state tax credits, all of which can help to reduce taxes owed or provide refunds to the taxpayer. These tax credits can significantly increase the financial resources available to low-income households

 


E L D E R  L A W

Home & Community Based Waiver Update by Alison Hirschel, MPLP The MI Choice Home and Community Based Waiver Program has been virtually closed to new applicants since Governor Engler cut funding to the program in October 2001. However, Governor Engler struck another blow to the program on December 5, 2002, when he issued an Executive Order barring new admissions to the program and further reducing waiver funding.

Nursing Home Update by Alison Hirschel, MPLP In recent months, nursing home resident advocates have witnessed both promising and worrisome developments on the federal level and in the state.

Bush Administration Stumbles over Medicaid Managed Care Coverage Requirements for Emergency Room Care by Alison Hirschel, MPLP The Bush Administration recently determined that state Medicaid managed care organizations can limit and restrict coverage of emergency room services.

Bush Administration Proposes Change in Pension Plans by Alison Hirschel, MPLP The Bush Administration recently issued proposed regulations that would permit cash balance conversions of pension plans, although there has been a moratorium on such pension plan conversions for the past four years. According to the National Senior Citizens Law Center, these plans have the practical effect of robbing older employees of expected benefits for retirement:

Michigan Campaign for Quality Care Welcomes New Members by Alison Hirschel, MPLP The Michigan Campaign for Quality Care is a grassroots consumer group seeking better care, better quality of life, and better choices for Michigan’s long term care consumers

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F A M I L Y   L A W

Comprehensive Handbook of Michigan D.V. & Sexual Assault Statutes Available On-line by Lynelle Morgan, MPLP The Michigan Resource Center, a collaboration of the Michigan Domestic Violence Prevention & Treatment Board and the Michigan Coalition Against Domestic & Sexual Violence, recently completed an updated version of the handbook, Michigan Sexual Assault & Domestic Violence Related Statutes.

ABA Commission on Domestic Violence to Hold Lawyer Trainings
by Lynelle Morgan, MPLP The American Bar Association Commission on Domestic Violence has several training opportunities for lawyers and legal advocates scheduled over the next several months.

Custody & Parenting Time Can be Determined in "DS" Cases
by Lynelle Morgan, MPLP Effective December 1, 2002, the Michigan Legislature amended the Family Support Act, MCL 552.451 et seq., to provide for orders regarding custody and parenting time in family support ("DS") cases.

Access to Legal Aid Most Important for Reducing Domestic Violence
by Lynelle Morgan, MPLP A recently published study of two economists concludes that access to civil legal assistance is the only public service that reduces domestic violence in the long term.

Petitioner Has Burden of Persuasion in PPO Cases by Lynelle Morgan, MPLP
In a November 1, 2002 decision issued for publication, the Michigan Court of Appeals determined that the petitioner has the burden of persuasion in a hearing held on a motion to rescind an ex parte PPO. The decision lays to rest the uncertainty over an issue that has existed for several years.

New Court Rule Procedures in Family Law Cases Involving Incarcerated Partyby Lynelle Morgan, MPLP The Michigan Supreme Court has adopted MCR 2.004, which places new requirements on litigants in domestic relations and other actions involving minor children. In such cases, if a party is incarcerated, the party seeking an order regarding a minor child must take steps to confirm the incarceration, to serve the incarcerated person, and to notify the court of the incarceration.


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H O U S I N G   L A W

Low Income Housing Web-Site of the Quarter

And this quarter's site is.....

http://www.responsiblelending.org . It's the site for the North Carolina based Coalition for Responsible Lending. The Coalition, which now has a national scope, includes about 80 member organizations, and was instrumental in the passage of North Carolina's strong anti-predatory lending statute. In its words, the "Coalition is
dedicated to the principles of fair lending, including equitable treatment of all borrowers, fair and reasonable financing terms, accurate loan servicing, and a commitment to building up disadvantaged communities."



FOCUS ON THE LOW INCOME HOUSING TAX CREDIT (LIHTC) PROGRAM
by Jim Schaafsma, MPLP In the United States today, a primary source of financing for low income housing is the Low Income Housing Tax Credit (LIHTC) program. In Michigan, about $200 million in LIHTCs have been allocated for use in the development of more than 50,000 rental units. In view of the growing prominence of the LIHTC program, it seemed fitting to focus on the program in this Newsletter. What follows is a condensed summary of the program, consideration of the question of whether tenants in LIHTC properties have good cause protection against eviction, and a look at the possible threat that the Bush corporate dividend tax exemption proposal presents to the program.

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C O N S U M E R

Can the Government Seize Federal Benefits To Collect Student Loans? by Lorray S.C. Brown, MPLP When three senior citizens learned, to their surprise, that the federal government was withholding part of their sole source of income (Social Security retirement income) to repay student loan debts incurred years ago, the National Consumer Law Center (NCLC), Public Citizen Litigation Group (Public Citizen), and Oakland Livingston Legal Aid (OLLA) swung into action on their behalf.

 


P U B L I C   B E N E F I T S


Medicaid & Hill-Burton Coverage For Hospitalization by Lisa Ruby, MPLP
The Medicaid Act requires that individuals applying for Medicaid be given the opportunity to apply and have their application decided without delay. Although most applications are taken at state welfare offices or other social service agencies, they can also apply at other places, including a hospital where they are receiving health care services....Hill-Burton facilities have additional responsibilities beyond a non-Hill-Burton facility.

Medicaid Cutbacks by Lisa Ruby, MPLP In order to save money in a less than stable economy, 49 states have cut back their Medicaid programs. The rising cost of Medicaid is attributable to increasing medical costs and also increased enrollment. As the economy has deteriorated, more and more people have become eligible for and enrolled in Medicaid.

Social Security News by Lisa Ruby, MPLP
Ticket to work comes to Michigan , Update on SSI eligibility for "fugitive felons,",Practice Tips

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T E C H N O L O G Y

MPLP Welcomes Scott Trudeau

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C L I N I C

Clinic Litigation Update by Tana Lin, MPLP Clinic On January 21, 2003, the Clinic filed Thompson v. Overton, (Case No. 03-70234, E.D. Mich., J. Zatkoff) with support from the ACLU. This class action lawsuit alleges Eighth Amendment violations for failure to properly test for and treat inmates with the Hepatitis C virus. Update also covers other cases.