SENATE BILL No. 1149

 

 

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.