October 20, 2016, Introduced by Senator MACGREGOR and referred to the Committee on Oversight.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 117a (MCL 400.117a), as amended by 2016 PA 279.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
117a. (1) As used in this section and sections 117b to
117g:117h:
(a) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(b) "County juvenile agency services" means all juvenile
justice services for a juvenile who is within the court's
jurisdiction under section 2(a) or (d) of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2, or within the
jurisdiction of the court of general jurisdiction under section 606
of the revised judicature act of 1961, 1961 PA 236, MCL 600.606, if
that court commits the juvenile to a county or court juvenile
facility under section 27a of chapter IV of the code of criminal
procedure, 1927 PA 175, MCL 764.27a. If a juvenile who comes within
the court's jurisdiction under section 2(a) or (d) of chapter XIIA
of the probate code of 1939, 1939 PA 288, MCL 712A.2, is at that
time subject to a court order in connection with a proceeding for
which the court acquired jurisdiction under section 2(b) or (c) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2,
juvenile justice services provided to the juvenile before the court
enters an order in the subsequent proceeding are not county
juvenile agency services, except for juvenile justice services
related to detention.
(c) "Juvenile justice service" means a service, exclusive of
judicial functions, provided by a county for juveniles who are
within or likely to come within the court's jurisdiction under
section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288,
MCL 712A.2, or within the jurisdiction of the court of general
criminal jurisdiction under section 606 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.606, if that court commits the
juvenile to a county or court juvenile facility under section 27a
of chapter IV of the code of criminal procedure, 1927 PA 175, MCL
764.27a. A service includes intake, detention, detention
alternatives, probation, foster care, diagnostic evaluation and
treatment, shelter care, or any other service approved by the
office or county juvenile agency, as applicable, including
preventive, diversionary, or protective care services. A juvenile
justice service approved by the office or county juvenile agency
must meet all applicable state and local government licensing
standards.
(2) A juvenile justice funding system for counties that are
not county juvenile agencies, including a child care fund, is
established and shall be administered under the department's
superintending control.
(3) The department shall promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to monitor juvenile justice services money and to prescribe
child care fund accounting, reporting, and authorization controls
and procedures and child care fund expenditure classifications. For
counties required to have a child care fund, the department shall
fund services that conform to the child care rules promulgated
under this act.
(4)
The department shall provide for the distribution of
distribute
money appropriated by the legislature to
counties for
the
cost of juvenile justice services purposes described in this
section as follows:
(a) Payment for expenditures for children placed with the
department for care, supervision, or placement, including children
who are within the court's jurisdiction under section 2(a) and (b)
of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.2, may be paid by the department or a county, depending on
which entity expended the money.
(b) Payment for expenditures for children who are not placed
with the department for care, supervision, or placement, including
children who are within the court's jurisdiction under section 2(a)
and (b) of chapter XIIA of the probate code of 1939, 1939 PA 288,
MCL 712A.2, shall be paid by a county and be reimbursed by the
department.
(c) (a)
For a county that is not a county juvenile agency, the
The county amount distributed shall equal 50% of the annual
expenditures from the child care fund of the county established
under section 117c, except that expenditures under section 117c(3)
and expenditures that exceed the amount of a budget approved under
section 117c shall not be included. A distribution under this
subdivision shall not be made to a county that does not comply with
the
requirements of this act. The Subject
to a county's approval,
the department may reduce the amount distributed to a county by the
amount owed to the state for care received in a state operated
facility or for care received under 1935 PA 220, MCL 400.201 to
400.214, or under the youth rehabilitation services act, 1974 PA
150,
MCL 803.301 to 803.309. The distribution may be reduced by the
amount
of uncontested liability.
(d) (b)
For a county that is a county
juvenile agency, the a
county's block grant amount as determined under section 117g in
equal distributions on October 1, January 1, April 1, and July 1 of
each state fiscal year.
(e) (c)
Notwithstanding the provisions in
subdivision (a),
subject to appropriations, until September 30, 2017, the department
shall pay 100% of the costs of the $8.00 increase to the
administrative rate for providers of foster care services provided
in the annual appropriation for the department budget. For the
purposes of this subdivision only, "foster care" means 24-hour
substitute care for children placed away from their parents or
guardians, as a result of a court order under section 2(b) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2,
in placements supervised by the department or a private child
placing agency under contract with the department for foster care
services. Foster care services include supervision of placements in
foster family homes, foster family group homes, and preadoptive
placements.
(f) (d)
Notwithstanding the provisions of
subdivision (a) (c),
until September 30, 2017, the department shall pay 100% of the
administrative rate for providers of treatment foster care services
and foster care services provided in the annual appropriation for
the department budget. For the purposes of this subdivision only,
"foster care" means 24-hour substitute care for children placed
away from their parents or guardians, as a result of a court order
under section 2(b) of chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.2, in placements supervised by the department
or a private child placing agency under contract with the
department for foster care services. Foster care services include
supervision of placements in foster family homes, foster family
group homes, treatment foster care, preadoptive placements, and
supervision of children reunified with the parent with whom the
child lived at the time of removal.
(g) (e)
Notwithstanding the provisions in
subdivision (a) (c),
until September 30, 2017, the department shall pay 100% of the
costs of any rate increase to the providers of residential foster
care services under contract with the department, as provided in
the annual appropriation for the department budget.
(h) (f)
Notwithstanding the provisions in
subdivision (a) (c)
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
subdivision 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 child abuse or child neglect and placed in the care and
supervision of the department, regardless of placement setting
until
the prospective payment system described in subdivision (g)
(i) is implemented. This subdivision does not apply after May 1,
2018.
(i) (g)
Notwithstanding the provisions in
subdivision (a) (c)
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 subdivision but
shall not include in-home care service funding. This subdivision
does not apply after May 1, 2018.
(j) (h)
Subdivisions (f) (h) and
(g) (i) only impact child
abuse and child neglect services and not juvenile justice program
funding. This subdivision does not apply after May 1, 2018.
(5) The department is liable for the costs of all juvenile
justice services in a county that is a county juvenile agency other
than county juvenile agency services.
(6) The department shall establish guidelines for the
development of county juvenile justice service plans in counties
that are not county juvenile agencies.
(7) A county that is not a county juvenile agency and receives
state funds for in-home or out-of-home care of children shall
submit reports to the department at least quarterly or as the
department otherwise requires. The reports shall be submitted on
forms provided by the executive director and shall include the
number of children receiving foster care services and the number of
days of care provided.
(8) The department shall maintain a reporting system providing
that
reimbursement under subsection (4)(a) (4)(c) shall be made
only on submission of billings based on care given to a specific,
individual child.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.