SENATE BILL No. 1086

 

 

September 23, 2014, Introduced by Senator CASWELL and referred to the Committee on Families, Seniors and Human 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 (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, the department shall pay

 

100% of the administrative rate to providers for case management of


 

foster care services. For purposes of this subsection only, foster

 

care services include supervision of placements in foster family

 

homes, foster family group homes, treatment foster care homes,

 

independent living pre-adoptive placements, relative homes, group

 

homes, emergency shelters, residential facilities, child care

 

institutions, court-operated facilities, and supervision of a child

 

under in-home court jurisdiction or a child that is reunified with

 

the parent the child lived with at the time of removal.

 

     (5) Notwithstanding the provisions in subsections (1) and (2)

 

and subject to appropriations, the department shall implement a

 

state-administered performance-based child welfare payment system

 

in a county with a population of not less than 575,000 or more than

 

650,000, for case management of children in foster care in

 

accordance with section 503 of article X of 2014 PA 252. If the

 

department implements a state-administered performance-based child

 

welfare payment system according to this subsection, the county may

 

only be required to contribute to foster care services payments in

 

an amount that does not exceed the average 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 3

 

previous fiscal years before October 1, 2013.