SB-1086, As Passed Senate, November 12, 2014
SUBSTITUTE FOR
SENATE BILL NO. 1086
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 (3), subsections
(3) to (5), 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 Except as provided in
subsection (5), 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 Except as provided in
subsections (4) and (5), 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) Notwithstanding the provisions in subsection (1) and
subject to appropriations, in a county with a population of not
less than 575,000 or more than 650,000, for the purpose of this
subsection only for cases transferred by the department to a child
placing agency, the department shall pay 100% of the administrative
rate to providers responsible for foster care case management
services to families of children who are court-ordered into foster
care due to abuse or neglect and placed in the care and supervision
of the department, regardless of placement setting until the
prospective payment system described in subsection (5) is
implemented. This subsection does not apply after May 1, 2018.
(5) Notwithstanding the provisions in subsections (1) and (2)
and subject to appropriations, the department shall implement a
prospective payment system as part of a state-administered
performance-based child welfare system in a county with a
population of not less than 575,000 or more than 650,000, for
foster care case management in accordance with section 503 of
article X of 2014 PA 252. The county is only required to contribute
to foster care services payments in an amount that does not exceed
the average of the annual net contribution made by the county for
cases received under section 2(b) of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.2, in the 5 previous fiscal
years before October 1, 2015. The prospective payment system as
part of the state-administered performance-based child welfare
system shall be implemented as described in this subsection but
shall not include in-home care service funding. This subsection
does not apply after May 1, 2018.
(6) Subsections (4) and (5) only impact abuse and neglect
services and not juvenile justice program funding. This subsection
does not apply after May 1, 2018.