May 12, 2005, Introduced by Reps. Spade, Kahn, Polidori, Lemmons, Jr., Sheltrown, Cushingberry, Wojno, David Law, Jones, Pearce, Booher, Wenke, Meyer and Lemmons, III and referred to the Committee on Family and Children Services.
A bill to amend 1974 PA 150, entitled
"Youth rehabilitation services act,"
by amending section 5 (MCL 803.305), as amended by 1998 PA 517.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5. (1) Except as provided in subsection subsections (3)
and (4), the county from which the public ward is committed is
liable to the state for 50% of the cost of his or her care, but
this amount may be reduced by the use of funds from the annual
original foster care grant of the state to the county, or
otherwise, for any period in respect to which the department has
made a finding that the county is unable to bear 50% of the cost of
care. If the department reduces a county's liability under this
section, the director shall inform the respective chairpersons of
the appropriations committees of the senate and house of
representatives at least 14 days before granting the reduction. The
county of residence of the public ward is liable to the state,
rather than the county from which the youth was committed, if the
juvenile division of the probate court or the family division of
circuit court of the county of residence withheld consent to a
transfer of proceedings under section 2 of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2, as determined by the
department. The finding that the county is unable to bear 50% of
the expense shall be based on a study of the financial resources
and necessary expenditures of the county made by the department.
(2) The department shall determine the cost of care on a per
diem basis using the initial annual allotment of appropriations for
the current fiscal year exclusive of capital outlay and the
projected occupancy figures upon which that allotment was based.
That cost of care applies in determining required reimbursement to
the state for care provided during the calendar year immediately
following the beginning of the current fiscal year for which the
state expenditures were allotted.
(3) A county that is a county juvenile agency is liable for
the entire cost of a public ward's care while he or she is
committed to the county juvenile agency.
(4) If a public ward is placed in a public or private
institution or agency located in another state or country, state
funds shall not be used to cover any portion of the cost of care
for that public ward.