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The Department of Human Services (DHS) in Michigan plays a crucial role in ensuring the well-being of its residents, especially where employment and associated benefits are concerned. A vital tool in this endeavor is the DHS-38 form, a comprehensive document designed to gather pertinent employment, income, and benefit information from employers. This form is instrumental in inquiries or investigations related to various assistance programs. By collecting details such as employment status, rate of pay, insurance, retirement information, and more, the DHS can accurately assess individuals' eligibility for different forms of assistance. It also includes sections on disability or workers' compensation benefits, reflecting a broad spectrum of life's complexities. The DHS-38 form underscores the agency's commitment to non-discrimination and providing equal opportunity, adhering to federal and state laws concerning privacy and anti-discrimination guidelines. Employers are mandated to complete and return this form, reflecting the importance of accurate information in assisting the DHS's mission to serve Michigan's residents effectively. Through its detailed requirements, the DHS-38 form serves as a critical link between employment realities and the need for support services, showcasing the state's dedication to its citizens' welfare.

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File Characteristics

Fact Number Fact Name Description
1 Form Title DHS-38
2 Governing Law 1939 PA 280 as amended (MCL 400.83, MCL 400.60)
3 Completion Requirement Required
4 Penalty for Non-compliance Failure to complete this form could result in issuance of a subpoena.
5 Primary Purpose Verification of Employment
6 Non-Discrimination Policy The Michigan Department of Human Services does not discriminate on the basis of race, religion, age, national origin, color, height, weight, marital status, sex, sexual orientation, gender identity or expression, political beliefs, or disability.
7 Legal Penalties for False Statements Making a false statement to obtain or help another obtain assistance for which they are not eligible is subject to legal penalties, including felonies for amounts over $500 and misdemeanors for $500 or less.

Steps to Writing Dhs 38

After receiving the DHS 38 form, it's important to provide accurate and detailed employment verification information as requested. This form plays a crucial role in the process and ensures compliance with state requirements. Here’s a straightforward guide to help you fill it out correctly.

  1. Start with the section at the top of the form, entering the Case Name, Case Number, Date, and details of the DHS Office along with the Specialist/ID and contact information.
  2. If applicable, fill out the Individual ID section if you have been given specific identification to use.
  3. Under VERIFICATION OF EMPLOYMENT, note the return date highlighted and ensure the form is returned to the specialist by this date.
  4. In SECTION 1 - EMPLOYMENT INFORMATION, select the employment status of the employee and provide details about their occupation, employment dates, pay rate, differential pay (if applicable), and payment frequency. Also, indicate whether the employee receives tips, bonuses, or commissions and if these are included in the gross income reported.
  5. Answer questions about the type of employment (permanent, temporary, etc.) and provide the Date of Last Paycheck and an Estimated Work Schedule, if relevant.
  6. For SECTION 2 - INSURANCE / RETIREMENT INFORMATION, indicate whether the employer offers a health plan, if the employee is enrolled, and other details related to insurance and retirement plans.
  7. In SECTION 3 - INCOME INFORMATION, carefully document each pay received by the employee during the specified period, including gross income, bonuses, commissions, and hours worked. Use additional paper if needed.
  8. Under SECTION 4 - DISABILITY / WORKERS' COMPENSATION INFORMATION, specify if any medical, disability, or worker’s compensation benefits were paid to the employee.
  9. Fill out SECTION 5 - ADDITIONAL INFORMATION/COMMENTS if there is more information requested by the DHS that isn’t covered in the previous sections, or if additional comments are necessary.
  10. Finally, in SECTION 6 - SIGNATURE/BUSINESS INFORMATION, provide the business name, address, and contact details. The person completing the form must print their name, sign the form, and indicate their title and the date signed. Input the business's hours of operation and the Federal Employer Identification Number (FEIN).

Upon completion, reviewing the form for accuracy before mailing it back to the DHS Office by the specified return date is important. Ensuring the form is filled out correctly is vital for compliance and supporting the ongoing inquiry or investigation.

Important Details about Dhs 38

What is the DHS 38 form?

The DHS 38 form is a document used by the Michigan Department of Human Services. It's designed to collect information from employers regarding an employee's work and income. This information might be needed for various purposes, such as verifying employment or calculating benefits.

Who needs to fill out the DHS 38 form?

Employers are required to fill out the DHS 38 form when requested by the Michigan Department of Human Services. This request can stem from an inquiry or investigation related to employee benefits or assistance programs.

What information is required on the DHS 38 form?

The form requires detailed employment information including employment status, occupation, wages, tips or bonuses, insurance, retirement plans, and any disability or worker's compensation paid. Employers also need to verify the employee's start date, pay schedule, and other employment conditions.

Is there a penalty for not completing the DHS 38 form?

Yes, there is a penalty for failing to complete the DHS 38 form. The document warns that failure to provide the requested information could result in the issuance of a subpoena.

Can student employment information be released without consent?

No, according to the Family Educational Rights and Privacy Act (FERPA), employment information for students cannot be released without written authorization from the student. The DHS 38 form includes a section for student employees aged 18 or older to sign, authorizing the release of their employment information.

What should I do if I don't understand the form?

If you have questions or need assistance with the DHS 38 form, you are advised to contact a Department of Human Services office in your area. DHS employees can help clarify what is required without providing legal advice.

How does the DHS handle discrimination?

The Department of Human Services states that it will not discriminate against any individual or group based on race, religion, age, and several other criteria. Should you need assistance due to disabilities under the Americans with Disabilities Act, you are encouraged to make your needs known to a local DHS office.

What is the return process for the DHS 38 form?

Employers are instructed to fill out the form and return it to the specific specialist and address noted on the form by the specified return date. An envelope is usually provided for this purpose.

Is completion of the DHS 38 form mandatory?

Yes, completing the form is required when requested by the Department of Human Services. Required information includes details about employment, income, and benefits that are relevant to DHS inquiries or investigations.

What happens if false information is provided on the DHS 38 form?

Anyone found to be providing false information on the DHS 38 form, either to obtain assistance fraudulently or to help another obtain assistance, is subject to legal penalties. The seriousness of the penalty depends on the amount of assistance involved, distinguishing between felony and misdemeanor violations.

Common mistakes

Filling out the DHS 38 form, a crucial document required by the Michigan Department of Human Services, is a task that demands careful attention to detail. However, there are common mistakes that people often make during this process. Among these, a significant error is completing the form without a clear understanding of the instructions provided, which can lead to incomplete or incorrect entries. This form requires the employer to provide detailed employment verification, insurance, retirement, income, disability, and worker's compensation information. Misinterpretation of these requirements can result in incorrect data being conveyed.

Another common mistake is omitting the Employee Social Security Number, a critical piece of information that ensures the accuracy and confidentiality of the employee's records. Given the sensitivity of such data, this oversight can halt the processing of the form, affecting the timely execution of whatever process required its submission. Additionally, in the employment information section, employers sometimes fail to clearly indicate the employee's employment status or inaccurately report the date of employment commencement and termination. Precise reporting in these fields is vital for accurate record-keeping and to prevent potential discrepancies.

In the section regarding insurance and retirement information, it's not uncommon for employers to skip questions about whether the employee is enrolled in a health plan or has access to a retirement plan. This neglect can result in incomplete benefits information, which might be critical for the employee's eligibility for certain state services or benefits. In terms of income information, a mistake often seen is inaccuracies in reporting gross income, tips, bonuses, or commissions. Accurate financial reporting is essential for a valid assessment of the employee's economic situation.

Errors in the section dedicated to disability or worker's compensation information include not specifying whether medical or disability benefits were paid or if worker's compensation was awarded. This information is crucial for understanding the financial support an employee has received, which may impact their eligibility for additional services. Furthermore, the additional comments section is frequently overlooked, where employers have the opportunity to provide supplementary information or clarification about the employee's situation. Ignoring this section can lead to missed opportunities to convey essential details.

Lastly, a critical oversight is failing to sign the form or leaving the business information section incomplete. The signature certifies the accuracy of the information provided, and without it, the document's validity is compromised. Business details, including the Federal Employer Identification Number (FEIN), are necessary for record-keeping and verification purposes. Ensuring this information is accurately reported supports the document's integrity and the processes it facilitates.

In conclusion, to avoid these mistakes, it is essential for employers to thoroughly review the DHS 38 form's instructions, pay keen attention to the completeness and accuracy of their entries, and leverage the opportunity to provide comprehensive information throughout the form. Correct and complete submissions not only comply with legal requirements but also support the responsible management of employment and benefit information within the Michigan Department of Human Services system.

Documents used along the form

When dealing with the Department of Human Services (DHS), particularly concerning matters of employment verification, it's not just the DHS-38 form that comes into play. This form is a cornerstone in verifying employment status, income, and benefits for various purposes—be it for assistance programs, legal matters, or compliance checks. However, to paint a complete picture, other documents frequently come into play, often required to substantiate the claims made or information filled out in the DHS-38.

  • W-2 Form: This critical tax document is issued by employers and outlines the employee's annual wages and the taxes withheld from their paycheck. It's an essential piece of verification for income.
  • Pay Stubs: Serving as proof of current employment and income, pay stubs offer a detailed breakdown of an employee's earnings, including any deductions and taxes paid.
  • 1099 Form: For independent contractors or freelancers, the 1099 form is akin to the W-2 for employees, detailing the income received from a specific source without the typical deductions for taxes seen in traditional employment.
  • Proof of Unemployment Benefits: For individuals not currently employed, documentation or letters from the state unemployment office can verify income from unemployment benefits.
  • Bank Statements: To further substantiate income claims or financial status, bank statements can provide a detailed look at an individual's financial activities and balances.
  • Insurance Documents: For sections of the DHS-38 dealing with health insurance or retirement plans, relevant insurance policies or statements can provide the necessary details concerning coverage and participation.
  • Birth Certificates: In situations where family relationships or dependents are relevant to the DHS-38 information, birth certificates may be requested to verify these relationships.
  • Letters from Employers: Sometimes, a detailed letter from an employer can clarify employment status, compensation details, or other pertinent information that a form may not fully capture.

Each document plays its role, structuring a comprehensive portfolio that not only satisfies the specific requirements of the DHS-38 form but also offers a fuller picture of an individual's employment and financial status. It's a nuanced process, demanding a keen attention to detail to ensure that all necessary information is accurately presented and substantiated by the right documentation.

Similar forms

The DHS 38 form shares similarities with the Form I-9, Employment Eligibility Verification form used by employers in the United States to verify the identity and legal authorization to work of all paid employees. Both forms require specific details about the employee, including employment status, and have sections that must be completed by the employer. However, while DHS 38 is focused on providing employment and income verification to the Department of Human Services for assistance eligibility purposes, Form I-9's primary goal is to prevent the illegal employment of individuals who are not authorized to work in the U.S.

Another document that closely aligns with the DHS 38 form is the Employee's Withholding Certificate, or Form W-4. This form is used by employees to indicate their tax situation to their employer so that the employer can withhold the correct federal income tax from their pay. Much like the DHS 38, it gathers details about the employee's financial situation, but instead of focusing on assistance eligibility, it centers on accurately withholding income taxes. Both forms necessitate personal and financial information to serve their respective purposes within the regulatory framework.

The Request for Verification of Employment (VOE) form, often used by lenders and mortgage brokers, also bears resemblance to the DHS 38 form. The VOE aims to verify an employee's earnings and employment history as part of loan or mortgage application processes. Both forms gather detailed employment information directly from the employer, including salary, employment status, and job tenure. However, while the VOE primarily serves the financial industry to assess loan repayment capabilities, DHS 38 helps assess eligibility for public assistance programs.

Lastly, the Michigan Department of Health and Human Services' Medical Assistance Program requires a Health Insurance Verification form which shares characteristics with the DHS 38 form, particularly in the insurance and benefits sections. Both seek employer-provided information regarding an individual's health insurance status and benefits, albeit with different end goals. The DHS 38 form can be used to verify eligibility for various state assistance programs, while the Health Insurance Verification form is more specifically aimed at determining eligibility for medical or health-related assistance programs.

Dos and Don'ts

When filling out the DHS 38 form, it's crucial to pay attention to detail and follow specific guidelines to ensure the information provided is accurate and complete. Below are 10 essential do's and don'ts to consider:

  • Do read the entire form carefully before starting to fill it out. Understanding every section will help in providing accurate information.
  • Do use black or blue ink if filling out the form by hand. These colors are typically required and ensure legibility.
  • Do verify all the information such as dates, numbers, and spellings before submitting the form.
  • Do provide detailed employment information in Section 1, including employment status, occupation, and pay details. Accurate data is crucial for a proper assessment.
  • Do ensure the health plan and retirement information in Section 2 is filled out completely. If the employee is enrolled in any plans, include all relevant details.
  • Do carefully report income information in Section 3. If additional space is required, attach a separate sheet clearly referencing the relevant section.
  • Do accurately record any disability or worker's compensation information in Section 4. This includes periods covered and amounts awarded.
  • Do provide any additional information or comments in Section 5 that may help in understanding the employer's situation or the employee’s circumstances.
  • Do ensure that the signature and business information in Section 6 is completed, including the signature of the person completing the form. This section authenticates the information provided.
  • Don’t leave any sections incomplete. If a section does not apply, indicate with “N/A” (not applicable) instead of leaving it blank.

Following these guidelines will help ensure the DHS 38 form is filled out correctly and completely, aiding the Michigan Department of Human Services in their processing without unnecessary delays or issues.

Misconceptions

Managing and understanding the nuances of various forms, including the DHS 38 form, can often lead to misconceptions. Clearing up these misunderstandings can help individuals and employers alike in ensuring compliance and understanding their responsibilities and rights. Here are nine common misconceptions about the DHS 38 form:

  • It's only for employers. While the form is directed towards employers for completion, the information it gathers serves the interests and needs of employees as well, particularly in contexts involving the provision of employment verification for assistance programs.
  • Completion is optional. As indicated on the form itself, completion is required. Employers are mandated by law to provide the requested information, with failure to do so potentially leading to legal repercussions, including the issuance of a subpoena.
  • It's solely for income verification. Although verifying employment and income is a primary function, the DHS 38 form also gathers information on employment status, insurance and retirement benefits, and even disability or workers' compensation benefits, providing a comprehensive overview of an employee's employment-related benefits and status.
  • The form discriminates against certain employees. The Department of Human Services (DHS) expressly states that it does not discriminate against any individual or group on the basis of race, religion, age, national origin, color, height, weight, marital status, sex, sexual orientation, gender identity or expression, political beliefs, or disability. This principle of nondiscrimination is central to DHS's operations and the purpose of the form.
  • FERPA does not apply to the form. The Family Educational Rights and Privacy Act (FERPA) does indeed impact the DHS 38 form. Specifically, employers are barred from releasing student employment information without explicit written authorization from the student, ensuring student employees' rights are protected.
  • Only permanent employees need to be reported. The form requires information on all types of employment statuses, including temporary, laid-off, and those on leave, ensuring a thorough accounting of employment situations for the purposes of assistance eligibility and verification.
  • Health and retirement plan details are irrelevant. On the contrary, details about health plans, retirement plans, and other benefits are crucial. They provide a fuller picture of an employee's compensation and benefits, which may affect eligibility for different assistance programs.
  • The form is a one-time requirement. Depending on the circumstances, employers may be required to complete this form multiple times, such as when there are updates or changes in an employee's employment status, benefits, or if there's an ongoing need to verify employment for assistance purposes.
  • Any employer information will suffice. The form specifies the details that need to be included, such as the business name, address, employer identification number (FEIN), and the contact information of the person completing the form. Providing accurate and complete information is vital for the form's purposes and for compliance with legal requirements.

Clarifying these misconceptions helps ensure that both employers and employees understand the DHS 38 form's importance, leading to better compliance and a smoother process for verifying employment and benefits information crucial for various assistance programs.

Key takeaways

Filling out the DHS 38 form accurately is imperative for both the employer and the employee involved. This document requests specific employment, insurance, retirement, income, and disability/workers compensation information. To ensure the process is seamless and legally compliant, consider the following key takeaways:

  • Timeliness is crucial: The DHS 38 form specifies a return date. Adhering to this deadline is essential to avoid legal complications, including the potential issuance of a subpoena. Prompt attention to completing and returning this form is advised.
  • Accuracy matters: Ensure that all information provided on the form is accurate and complete. Incorrect or incomplete information can lead to misunderstandings or delays in the process.
  • Privacy compliance: The form includes a section requiring a student employee’s signature to authorize the release of employment information, adhering to the Family Educational Rights and Privacy Act (FERPA). This step is crucial for respecting the privacy rights of student employees.
  • Comprehensive employment details required: Employers must fill out detailed information regarding the employee's employment status, salary, type of employment, schedule, and other related aspects. This information helps DHS in its assessments and determinations.
  • Insurance and retirement information: Sections 2 and 3 on the DHS 38 form request detailed information about the employee's access to and participation in insurance and retirement plans. This information is important for assessing benefits and resources available to the individual or their family.

By keeping these key points in mind, the process of completing the DHS 38 form can be conducted more efficiently and effectively, contributing to the timely processing of necessary information by the Michigan Department of Human Services.

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