Free Dhs 38 PDF Form Prepare Document Here

Free Dhs 38 PDF Form

The DHS 38 form is a crucial document developed by the State of Michigan's Department of Human Services, designed to gather employment verification information within the state. This form serves as a means for employers to comply with legal requirements by providing specific employment details about an employee, an essential step in various administrative and legal processes. If you need to complete or manage a DHS 38 form, click the button below to get started.

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Content Overview

Understanding the DHS 38 form is essential for employers and employees involved with the Michigan Department of Human Services. This form plays a crucial role in various procedures, including inquiries and investigations under the authority of the 1939 PA 280 as amended (MCL 400.83, MCL 400.60). It outlines specific requirements for employers to provide employment, insurance, and income information about their workers. This can include details from employment status and pay rate to retirement plan participation and health insurance enrollment. Additionally, the form addresses the release of student employment information, governed by the Family Educational Rights and Privacy Act (FERPA), ensuring that student workers have the authority over their information. The DHS 38 form also highlights nondiscrimination policies, emphasizing the commitment to equal opportunity irrespective of race, color, religion, or other personal identifiers, reinforcing Michigan's stance on workplace fairness and legal compliance. Moreover, failure to complete the form accurately and punctually can lead to legal consequences, including the issuance of a subpoena, highlighting the importance of understanding and correctly handling this document.

Example - Dhs 38 Form

Form Data

Fact Name Description
Governing Law The DHS-38 form is governed by the 1939 Public Act 280 as amended (MCL 400.83, MCL 400.60).
Completion Requirement Completion of the DHS-38 form is required; failure to complete may result in the issuance of a subpoena.
Primary Purpose The form is primarily used for verification of employment by the Michigan Department of Human Services.
Non-Discrimination Policy The Department of Human Services (DHS) will not discriminate against any individual or group because of various factors including race, religion, age, sexual orientation, and more.
Accessibility Individuals requiring assistance under the Americans with Disabilities Act are invited to make their needs known to a DHS office in their area.

How to Fill Out Dhs 38

Completing the DHS 38 form is a crucial step that allows the Department of Human Services to gather necessary employment verification information in accordance with the 1939 PA 280 regulations. The form serves as a vital document for employers to provide employment and income details about an employee, which could influence the outcome of various investigations or inquiries conducted by the Department. It is essential for employers to fill out this form accurately and return it by the specified date to avoid potential legal consequences, including the issuance of a subpoena.

  1. Start by entering the case name, case number, date, and the DHS Office details at the top of the form.
  2. Fill in the Specialist/ID, phone, and fax numbers provided by the DHS.
  3. Complete the Individual ID section; contact a DHS office if you have questions or require clarification.
  4. Under the "EMPLOYER" section, enter the employee's name and social security number.
  5. If the form is being completed for a student employee, ensure the student signs and dates the form to authorize the release of employment information.
  6. In Section 1 - "EMPLOYMENT INFORMATION", indicate the employment status, occupation, dates relevant to employment, hours expected to work, rate of pay, and other compensation details as requested.
  7. Provide detailed information regarding tips, bonuses, or commissions, including whether they are included in gross pay.
  8. In Section 2 - "INSURANCE / RETIREMENT INFORMATION", fill in details about health plans, insurance coverage, and any retirement plans associated with the employee.
  9. Complete Section 3 - "INCOME INFORMATION" with specifics about each pay received in the specified period, including gross income and any bonuses or commissions.
  10. For Section 4 - "DISABILITY / WORKERS COMPENSATION INFORMATION", disclose whether any benefits were paid during the specified period and provide details on Worker’s Compensation if applicable.
  11. In the "ADDITIONAL INFORMATION/COMMENTS" section, provide any additional information requested by the DHS and any comments the employer wishes to add.
  12. Finally, in Section 6 - "SIGNATURE/BUSINESS INFORMATION", enter the business name, address, and the name and signature of the person completing the form. Include the business’s operating hours, Federal ID, telephone number, fax number, and the title of the person completing the form.
  13. Before sending, review the form to ensure all information is accurate and complete. Place the completed form in the enclosed envelope and return it to the specialist and address provided at the top of the form by the return date.

After submitting the DHS 38 form, the information will be reviewed by the Department of Human Services to assist in their inquiry or investigation. Ensuring the accuracy and promptness of this submission supports compliance with state laws and aids in the efficient processing of the case in question.

FAQ

What is the DHS 38 form used for?

The DHS 38 form, also known as the Verification of Employment form, is used by the Michigan Department of Human Services. It is primarily for employers to provide detailed information regarding an employee’s employment status, income, health insurance, and any benefits like retirement plans. This form plays a crucial role in various DHS inquiries or investigations, helping to determine an individual's eligibility for assistance or benefits.

Who should complete the DHS 38 form?

The form should be completed by employers at the request of the Michigan Department of Human Services. It's specifically designed for situations where the Department needs to verify employment and financial information about an individual who is applying for or receiving state benefits.

Is it mandatory to fill out the DHS 38 form?

Yes, it is required. The form itself mentions that completion is compulsory, and failure to do so could result in the issuance of a subpoena. The legal basis underpinning the requirement is the 1939 PA 280 as amended (MCL 400.83, MCL 400.60), which stipulates employers are obligated to provide this information.

What happens if you do not complete the form?

Failure to complete and return the DHS 38 form can lead to legal consequences, including the possibility of a subpoena being issued against you or your organization. This is because providing such information is mandated by law for the determination of benefit eligibility.

What information do employers need to provide in the DHS 38 form?

Employers are required to provide detailed information about the employee’s work and income status. This includes employment status, occupation, pay rate, employment period, hours worked, and details concerning health insurance, retirement, and other benefits. Employers also need to disclose if the employee has received any disability or worker’s compensation benefits.

Can a student’s employment information be released without their consent?

No, the Family Educational Rights and Privacy Act (FERPA) protects the employment information of students, and written authorization from the student is required before such information can be released. The DHS 38 form includes a section for the student employee's signature, expressly authorizing the release of their employment information to the Department of Human Services.

Are there any penalties for providing false information on the DHS 38 form?

Yes, there are legal penalties for knowingly providing false information on the DHS 38 form. If the amount of assistance involved is more than $500, the violation is considered a felony. If the amount is $500 or less, the violation is classified as a misdemeanor. These penalties underscore the importance of accurate and truthful reporting.

How should the completed DHS 38 form be returned?

The completed form should be returned to the Department of Human Services specialist and address indicated at the top of the form. Employers are typically provided with an enclosed envelope for this purpose, ensuring the secure and confidential handling of sensitive employee information.

Common mistakes

Filling out the DHS 38 form, which is crucial for verifying employment in the state of Michigan, often involves careful attention to detail. Here are seven common mistakes people tend to make:

  1. Not checking the employment status appropriately. It's important to indicate clearly whether the employee is currently employed, previously employed, never employed, or temporarily off.
  2. Failing to accurately report the date employment began and the date of the first paycheck. These dates are essential for verifying the length and legitimacy of employment.
  3. Omitting details about pay. Rate of pay, differential pay, and information about tips, bonuses, or commissions need to be filled out comprehensively.
  4. Skipping the insurance and retirement information section. Even if the employee is not enrolled in a health plan or a retirement plan, marking 'No' is crucial to complete the form accurately.
  5. Incorrectly reporting income information. This section requires detailed information about gross income, bonuses, commissions, and hours worked within a specified period.
  6. Neglecting to report on disability or worker's compensation benefits. This information is critical, especially if the employee received benefits during the specified period.
  7. Incomplete signature and business information. The form must be signed, and complete business information must be provided to validate the form.

Avoiding these mistakes not only ensures the accuracy of the information provided but also helps in smooth processing. Remember, completeness and accuracy are key when filling out any formal documentation, especially one that's required by the Department of Human Services.

Documents used along the form

In the process of handling various cases, the DHS-38 form, which is used primarily for verification of employment within the State of Michigan Department of Human Services, often requires complementary forms and documents to accurately assess an individual's or family's situation. These additional forms are vital for a thorough evaluation, ensuring that all aspects of an applicant's income, resources, and needs are considered. Here is a list of other forms and documents that are commonly used alongside the DHS-38 form:

  • Authorization for Release of Information (DHS-1929): This form allows the Department of Human Services to obtain information that is otherwise confidential, such as medical, educational, or financial records.
  • Application for State Emergency Relief (DHS-1514): Used by individuals or families in immediate need of assistance due to emergencies or disasters, this application helps in assessing their eligibility for state emergency relief funds.
  • Verification of Child Care Expenses (DHS-4025): This document is needed when applicants are claiming child care expenses. It provides a detailed account of the costs associated with child care, which can affect eligibility and the amount of assistance provided.
  • Michigan Department of Health and Human Services Rights and Responsibilities (DHS-1171): A crucial document that outlines the rights and responsibilities of individuals receiving services through the department, ensuring they are fully informed of their entitlements and obligations.
  • Interim Assistance Reimbursement Authorization: This document is used when individuals apply for Supplemental Security Income (SSI) and need temporary financial support while their application is pending.
  • Child Support Information (DHS-1201): For households with child support considerations, this form provides detailed information on child support payments, which can impact the calculation of benefits.
  • Food Assistance Program (FAP) Application (DHS-1171B): Required for those applying for food assistance, this application gathers information on household composition, income, and resources to determine eligibility for the program.
  • Household Expenses Verification: Collects detailed information on an applicant's monthly household expenses, including rent, utilities, and other essential costs, which are used to evaluate financial need.
  • Self-Employment Income Report: For applicants who are self-employed, this report provides a comprehensive view of their business income and expenses, which is crucial for accurately assessing their financial situation.

When used in conjunction, these documents provide a comprehensive overview of an individual's or family's financial and personal circumstances, enabling the Department of Human Services to make informed decisions on eligibility and the level of assistance required. It's a meticulous process that ensures support is allocated fairly and reaches those most in need.

Similar forms

  • The IRS W-2 form is similar because it collects employment information, such as wages paid and taxes withheld, similar to how the DHS-38 form collects details on employment status, rate of pay, and number of hours expected to work.

  • The I-9 Employment Eligibility Verification form shares similarities by verifying an employee's eligibility to work in the United States, which involves providing personal and employment information as the DHS-38 form does for employment verification purposes.

  • The Employee's Withholding Certificate (W-4) is akin to it, as it involves an employee providing information to their employer about their income tax withholding preferences, similar to how the DHS-38 form involves providing employment and income information to the Department of Human Services.

  • Health Insurance Portability and Accountability Act (HIPAA) Authorization Forms are similar because they handle the release of personal health information, just as the DHS-38 form includes sections on insurance and health plans, which require handling sensitive information.

  • The Unemployment Compensation forms share characteristics with the DHS-38 form as they collect information on an individual’s employment status, including periods of employment and reason for unemployment, crucial for determining eligibility for unemployment benefits.

  • 401(k) Enrollment and Contribution Forms resemble the DHS-38’s sections on retirement and other resource development plans by collecting information on an employee’s participation in retirement or other savings plans.

  • Family and Medical Leave Act (FMLA) Forms have similarities because they require detailed employment information and reasons for leave, akin to how the DHS-38 form collects comprehensive employment and health plan information.

  • Workers' Compensation Claim Forms resemble the DHS-38 in the aspect of collecting information on employment-related injuries or disabilities, including details about the employer, the nature of the injury, and compensation received, similar to the DHS-38 form’s section on disability and workers' compensation information.

Dos and Don'ts

When completing the DHS 38 form for the State of Michigan Department of Human Services, it is crucial to accurately and diligently fill out the required information. Here are some essential dos and don'ts to keep in mind:

  • Do ensure all information provided is accurate and current to avoid any delays or issues in the processing of the form.
  • Do read each section carefully and provide detailed responses to each question to ensure completeness.
  • Do use additional sheets or computer printouts if necessary, especially when detailing pay received during the specified period in Section 3.
  • Do not leave any required fields blank. If a particular section or question does not apply, it is advisable to mark it as "N/A" or "Not Applicable."
  • Do not guess or estimate information. It is important to verify and confirm all details before submission to prevent discrepancies and potential legal consequences.
  • Do not forget to sign and date the form in Section 6. An unsigned form may be considered incomplete and could lead to delays in the process.

Completion of the DHS 38 form is not only a requirement but also a legal obligation for employers within Michigan. The form plays a vital role in various inquiries and investigations conducted by the Department of Human Services. By following these guidelines, employers can ensure the process is smooth and efficient, contributing positively to the community’s welfare.

Misconceptions

Understanding the DHS-38 form is crucial for employers and employees alike. It is no surprise that misconceptions about this form are common. Addressing these misconceptions ensures accurate completion and compliance with Michigan law.

  • The DHS-38 is optional: A common misconception is that filling out the DHS-38 form is optional for employers. In reality, Michigan Department of Human Services requires this form to verify employment as part of an inquiry or investigation. Failing to complete it could lead to legal actions, including the issuance of a subpoena.

  • Only for current employees: Some believe that the DHS-38 form is only for verifying the employment of current employees. However, employers are also required to provide information for those who were previously employed, as the form seeks to gather comprehensive employment and income history.

  • Legal advice from DHS: Another misunderstanding is that DHS employees can provide legal advice when you're filling out the form. By law, they are prohibited from doing so. Their role is to guide on form completion, not to offer legal counsel.

  • Applicable only to certain employers: It's erroneously thought that the DHS-38 form only needs to be filled out by certain types of employers. In truth, any employer who receives this form due to an inquiry or investigation conducted by the Michigan Department of Human Services must complete it, regardless of the business type or size.

  • FERPA restrictions: Mistakenly, some think FERPA (Family Educational Rights and Privacy Act) limits what can be disclosed without considering specific permissions. If the employee is a student and signs the DHS-38 form, it authorizes the release of employment information in compliance with FERPA.

  • Discrimination clause: A common misconception is overlooking the non-discrimination clause. The DHS-38 form expressly states that the Department of Human Services does not discriminate on any basis, ensuring equal treatment for all individuals or groups involved.

  • DHS-38 is complex and time-consuming: Some employers might be deterred, thinking the form is too complex or time-consuming. While it requires detailed information, its structure is straightforward, guiding the employer through the necessary steps for completion.

  • Information provided won't impact the employee: Finally, there's a false belief that information submitted through the DHS-38 has no real impact on the employee in question. In fact, the details provided can significantly affect the outcome of whatever inquiry or investigation is being conducted, potentially influencing the employee's eligibility for certain services or benefits.

Dispelling these misconceptions ensures that employers understand their obligations and the importance of the DHS-38 form in the broader context of employment verification within Michigan. Completing the form accurately and timely is both a legal requirement and a contribution to the integrity of employment and social service systems.

Key takeaways

When engaging with the DHS-38 form, which is essential for verifying employment and other related information, individuals and employers alike should be equipped with comprehensive understanding to ensure accurate and compliant completion. Here are some key takeaways to guide you through this process:

  • Understanding the Purpose: The DHS-38 form primarily serves as a tool for the Michigan Department of Human Services to collect employment, insurance, retirement, income, and, if applicable, disability or worker’s compensation information from employers. This form plays a critical role in inquiries or investigations related to various assistance programs.
  • Completion Is Mandatory: Under the authority of the 1939 PA 280, employers are legally obligated to complete and return this form to the requesting DHS office by the specified deadline. Failure to do so could lead to legal ramifications, including the issuance of a subpoena.
  • Comprehensive Information Requirement: The form is divided into sections demanding detailed employment information, such as employment status, occupation, pay rate, and schedule, alongside insurance and retirement benefit details, income specifics, and disability or worker’s compensation data if applicable.
  • Prevention of Discrimination: The Department of Human Services emphasizes its commitment to non-discrimination based on race, religion, age, national origin, color, height, weight, marital status, sex, sexual orientation, gender identity or expression, political beliefs, or disability, ensuring fairness and equality in the processing of the form.
  • Provision for Students: The Family Educational Rights and Privacy Act (FERPA) requires student employees to authorize the release of their employment information to the DHS by signing the form. This measure protects the privacy and autonomy of student workers.
  • Accommodations for Disabilities: Individuals with disabilities are encouraged to communicate their needs to a DHS office under the Americans with Disabilities Act, signaling the department's effort to ensure accessibility and support for all individuals throughout this process.
  • Penalties for False Statements: The form cautions that any false statements made with the intent to obtain, or assist another in obtaining, assistance for which the individual is not eligible can result in legal penalties. Depending on the amount involved, violations can constitute either a misdemeanor or a felony, highlighting the significance of honest and accurate reporting.

In sum, the DHS-38 form is a crucial document that requires careful attention from both employers and employees. Its comprehensive reach into employment, income, and benefit information necessitates a thorough and accurate completion to maintain compliance and uphold the integrity of assistance programs. By following these guidelines, employers can contribute positively to the welfare system, ensuring that support reaches those who legitimately need it.

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