SENATE BILL No. 905 December 1, 1999, Introduced by Senator PETERS and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 114, 115, 115b, 115d, and 115e (MCL 400.114, 400.115, 400.115b, 400.115d, and 400.115e), sections 115 and 115d as amended by 1988 PA 75 and section 115b as amended by 1998 PA 516. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 114. (1)The office of children and youth services is2created as a single purpose entity within the department of3social services.Theoffice shall beDEPARTMENT IS responsible 4 for the planning, development, implementation, and evaluation of 5 children and youth services conducted, administered, or purchased 6 by the department under the authority of sections 114 to1237 119B. 02632'99 d * LTB 2 1(2) The director of social services, after consultation2with the governor, shall appoint an executive director of the3office. The executive director shall be accountable directly to4the director of social services. The executive director shall5not be within the classified civil service and shall receive com-6pensation as established by the legislature. The executive7director shall:8(a) Represent the department in all matters and hearings9pertaining to children and youth services and programs.10(b) Serve as a special advisor to the governor on children11and youth services budgets and programs.12(c) Advise the director of social services with respect to13children and youth services and programs conducted, administered,14or purchased by the department under the authority of sections15114 to 123, and make recommendations to the director for the16improvement of those services and programs.17(d) Recommend to the governor and the legislature methods of18improving the effectiveness of public and private children and19youth services and programs.20(e) Recommend to the governor and the legislature appropri-21ate allocations of public funds for children and youth services22and programs.23 (2)(3)The department, in conjunction with the office,24 may promulgate rules necessary to implement, administer, and 25 enforce its powers and duties as described in this act. The 26 rules shall be promulgatedpursuant to Act No. 306 of the Public27Acts of 1969, as amended, being sections 24.201 to 24.315 of the02632'99 d * 3 1Michigan Compiled LawsIN ACCORDANCE WITH THE ADMINISTRATIVE 2 PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328. 3 Sec. 115. (1) Services to children and youth shall 4 include: 5 (a) Operatingtraining schools, the children's institute,6halfway houses, youth camps, diagnostic centers, state operated7regional detention facilities, regional short-term treatment cen-8ters, group homes, and otherfacilities and programs established 9 with the approval of the legislature to provide an effective pro- 10 gram of out-of-home care fordelinquent orneglected children 11 committed to or placed in the care and custody of the department 12 byprobate courts, courts of general criminal jurisdiction,A 13 COURT OR THE FAMILY DIVISION OF CIRCUIT COURT or, where provided 14 by law, the voluntary action of parents or guardians. 15 (b) Encouraging and assisting in the development and coordi- 16 nation of new programs as well as the coordination of prevailing 17 programs at all levels of government and with those public and 18 private nonprofit agencies and groups providing care or training 19 or supervision fordelinquent andneglected children. 20(c) Devising and making available a system of supervision21for juveniles on conditional release from facilities of the22department by establishing departmental programs, or, with the23approval of the legislature, by agreement with other units of24state, regional, or local government or with private agencies.25 (C)(d)Administering grants, subsidies, incentive pay- 26 ments, and other fiscal programs authorized by the legislature 27 including: 02632'99 d * 4 1 (i) Subsidies or incentives to insure adequate locally-based 2 probation and other social services for children under the juris- 3 diction of the juvenile division of the probate court. 4 (ii) Cost-sharing programs between the state and county con- 5 cerning children's services, including funding prescribed in sec- 6 tions 117c to 117d. 7 (iii) Allocation of funds budgeted to the department for 8 governmental or private organizations operatingdelinquency9preventionprograms or projects in accordance with standards 10 established by theofficeDEPARTMENT. 11(e) Establishing, with the approval of the legislature,12training programs for delinquent youth by contract with govern-13ment and private agencies. The programs may be conducted through14camps established by the department or in cooperation with the15department of natural resources or with other organizations.16 (D)(f)Developing a coordinated system of care for 17delinquent andneglected children committed to the department. 18 The development of treatment programs and other centers shall be 19 coordinated with locally-operated programs for treatment,20detention,and diagnosis. 21 (E)(g)Gathering and making available statistics and 22 information about the operation of the various state, regional, 23 and local components of the program of neglectand delinquency24 services and presenting the information to the legislature and 25 the public through biennial reports. 02632'99 d * 5 1 (F)(h)Conducting, or causing to be conducted, research 2 necessary to provide effective and adequate children and youth 3 services and programs throughout the state. 4(i) Undertaking special studies regarding the development5of intensive probation, new probation methods, and other services6specifically aimed at reduction of detention and out-of-home7care.8 (G)(j)Evaluating state statutes, court rules, and fund- 9 ing arrangements related to problems of children and youth and 10 recommending proposals for appropriate changes to insure equity 11 in the availability of services and the protection of the rights 12 of children and youth. 13 (H)(k)Assisting the legislature in the evaluation of the 14 plan developed under formerAct No. 280 of the Public Acts of1519751975 PA 280. 16 (I)(l)Receiving any donation, grant, or gift of money or 17 property without obligation to the state for the benefit of its 18 programs or for children placed with or committed to its care. 19 TheofficeDEPARTMENT, on receipt of the donation, grant, or 20 gift, shall remit it immediately to the state treasury to be 21 credited to the youth services trust fund which is created in the 22 state treasury. 23 (J)(m)Services for children and youth authorizedin24title IV of the social security act, 42 U.S.C. 601 to 603, 604 to25632, 633 to 673, 674 to 679 and in title XX of the social secur-26ity act, 42 U.S.C. 1397 to 1397eUNDER FEDERAL GRANTS. 02632'99 d * 6 1 (2) THE MICHIGAN YOUTH AUTHORITY CREATED IN THE MICHIGAN 2 YOUTH AUTHORITY ACT IS RESPONSIBLE FOR ESTABLISHING AND OPERATING 3 FACILITIES AND PROGRAMS FOR DELINQUENT YOUTH. 4 Sec. 115b. (1) ThedepartmentMICHIGAN YOUTH AUTHORITY 5 shall assume responsibility for all children committed to it by 6 the FORMER juvenile division of the probate court, the family 7 division of circuit court, or the court of general criminal 8 jurisdiction under the youth rehabilitation services act, 1974 9 PA 150, MCL 803.301 to 803.309., andTHE DEPARTMENT SHALL 10 ASSUME RESPONSIBILITY FOR ALL CHILDREN COMMITTED UNDER 1935 11 PA 220, MCL 400.201 to 400.214. The MICHIGAN YOUTH AUTHORITY AND 12 THE department, AS APPLICABLE, may provide institutional care, 13 supervision in the community, boarding care, halfway house care, 14 and other children and youth services and programs necessary to 15 meet the needs of those children or may obtain appropriate serv- 16 ices from other state agencies, local public agencies, or private 17 agencies, subject to section 115o. If the program of another 18 state agency is considered to best serve the needs of the child, 19 the other state agency shall give priority to the child. 20 (2) The department shall study and act upon a request for 21 service as to, or a report received of, neglect, exploitation, 22 abuse, cruelty, or abandonment of a child by a parent, guardian, 23 custodian, or person serving in loco parentis, or a report con- 24 cerning a child in need of protection. On the basis of the find- 25 ings of the study, the department shall assure, if necessary, the 26 provision of appropriate social services to the child, parent, 27 guardian, custodian, or person serving in loco parentis, to 02632'99 d * 7 1 reinforce and supplement the parental capabilities, so that the 2 behavior or situation causing the problem is corrected or the 3 child is otherwise protected. In assuring the provision of serv- 4 ices and providing the services, the department shall encourage 5 participation by other existing governmental units or licensed 6 agencies and may contract with those agencies for the purchase of 7 any service within the scope of this subsection. The department 8 shall initiate action in an appropriate court if the conduct of a 9 parent, guardian, or custodian requires. The department shall 10 promulgate rules necessary for implementing the services autho- 11 rized in this subsection. The rules shall include provision for 12 local citizen participation in the program to assure local under- 13 standing, coordination, and cooperative action with other commu- 14 nity resources. In the provision of services, there shall be 15 maximum utilization of other public, private, and voluntary 16 resources available within a community. 17 (3) When an agency or organization proposes to place for 18 adoption, with a person domiciled in this state, a child who is a 19 citizen of or resides in, a country other than the United States 20 or Canada, the department shall conduct, within 180 days after 21 receipt of the request from the agency or organization, the 22 investigation prescribed by section 46 of chapter X of THE PRO- 23 BATE CODE OF 1939, 1939 PA 288, MCL 710.46. In a county in which 24 the department determines it to be more feasible both geograph- 25 ically and economically, the department may purchase the adoption 26 services up to the actual cost of providing those services. The 02632'99 d * 8 1 department shall charge parent fees prescribed by the 2 legislature. 3 (4) TheofficeDEPARTMENT shall be responsible for the 4 development, interpretation, and dissemination of policy regard- 5 ing departmental investigations requested or ordered by the pro- 6 bate court under section 55(h) and the provision of foster care 7 services authorized by this act. Foster care services shall 8 include foster care of state wards,aid to dependent children9 foster care WHOLLY OR PARTIALLY FINANCED BY FEDERAL FUND, foster 10 care of wards of the family division of circuit court WHO ARE 11 UNDER THE COURT'S JURISDICTION UNDER SECTION 2(B) OF CHAPTER XIIA 12 OF THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.2 AND WHO ARE 13 placed under the care and supervision of the department by order 14 of the court, and voluntary parental placement of children in 15 foster care. 16 (5) AS USED IN THIS SECTION, "MICHIGAN YOUTH AUTHORITY" 17 MEANS THE MICHIGAN YOUTH AUTHORITY BOARD CREATED IN SECTION 3 OF 18 THE MICHIGAN YOUTH AUTHORITY ACT. 19 Sec. 115d. (1) TheofficeMICHIGAN YOUTH AUTHORITY shall 20 develop a plan for the establishment, maintenance, and operation 21 of regional facilities to detain children concerning whom an 22 order of detention has been issued under section 14, 15, or 16 of 23 chapter XIIA ofAct No. 288 of the Public Acts of 1939, as24amended, being sections 712A.14 to 712A.16 of the Michigan25Compiled LawsTHE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.14 26 TO 712A.16, or section 27a of chapter IV of the code of criminal 27 procedure,Act No. 175 of the Public Acts of 1927, being section02632'99 d * 9 1764.27a of the Michigan Compiled Laws1927 PA 175, MCL 764.27A. 2 The primary focus of the plan shall be on providing a service 3 network to areas of the statewhichTHAT do not have detention 4 facilities. 5 (2) The plan shall include: 6 (a) An assessment of need for secure detention beds, and a 7 proposal for providing and funding the needed beds. 8 (b) An evaluation of detention alternatives and a proposal 9 for caring for children needing custody while awaiting court 10 hearings. 11 (c) Provisions for a transportation network to serve areas 12 at a distance from secure facilities. 13 (3) The plan shall encourage the use of emergency shelter 14 facilities and alternatives to secure detention where 15 appropriate. 16 (4) The plan shall provide that the county from which an 17 order of detention is issued by thejuvenileFAMILY division of 18the probateCIRCUIT court or the court of general criminal 19 jurisdiction shall be liable to the state for 50% of the cost of 20 care of the child. 21 (5) In formulating the plan, theofficeMICHIGAN YOUTH 22 AUTHORITY shall consult with law enforcement agencies, judges of 23probateTHE FAMILY DIVISION OF CIRCUIT COURT and judges of 24 courts of general criminal jurisdiction, public and private agen- 25 cieswhichTHAT deal with children's services, and other per- 26 sons concerned with children and youth services. 02632'99 d * 10 1 (6) The plan shall be submitted to the legislature not later 2 than March 31, 1979, and shall be revised annually. 3 (7) AS USED IN THIS SECTION, "MICHIGAN YOUTH AUTHORITY" 4 MEANS THE MICHIGAN YOUTH AUTHORITY CREATED IN SECTION 3 OF THE 5 MICHIGAN YOUTH AUTHORITY ACT. 6 Sec. 115e. (1) ThedepartmentMICHIGAN YOUTH AUTHORITY, 7 to the extent of funds appropriated for that purpose, may assume 8 the administration and operation or the administration, opera- 9 tion, and facilities of a detention home established as an agency 10 of theprobatecourt under section 16 of chapter12AXIIA of 11Act No. 288 of the Public Acts of 1939, being section 712A.16 of12the Michigan Compiled LawsTHE PROBATE CODE OF 1939, 1939 13 PA 288, MCL 712A.16. 14 (2) ThedepartmentMICHIGAN YOUTH AUTHORITY shall not 15 assume the administration and operation nor the administration, 16 operation, and facilities of a detention home unless an agreement 17 is made with the county board of commissioners and the presiding 18 judge of theprobateFAMILY DIVISION OF CIRCUIT court to trans- 19 fer the administration and operation or the administration, oper- 20 ation, and facilities of the detention home to thedepartment21 MICHIGAN YOUTH AUTHORITY. 22 (3) ThedepartmentMICHIGAN YOUTH AUTHORITY may offer per- 23 sons employed at a detention home transferred pursuant to this 24 section, as of the effective date of the transfer, the opportu- 25 nity to be employed in the state classified service in accordance 26 with procedures established by the Michigan civil service 27 commission. 02632'99 d * 11 1 (4) AS USED IN THIS SECTION, "MICHIGAN YOUTH AUTHORITY" 2 MEANS THE MICHIGAN YOUTH AUTHORITY CREATED IN SECTION 3 OF THE 3 MICHIGAN YOUTH AUTHORITY ACT. 4 Enacting section 1. This amendatory act does not take 5 effect unless Senate Bill No. 901 6 of the 90th Legislature is enacted into 7 law. 02632'99 d * Final page. LTB