Bill Text: MI HB5507 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Human services; county services; county administrative rate for foster care services; eliminate. Amends sec. 117a of 1939 PA 280 (MCL 400.117a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-10-22 - Assigned Pa 304'14 With Immediate Effect [HB5507 Detail]
Download: Michigan-2013-HB5507-Engrossed.html
HB-5507, As Passed Senate, September 24, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5507
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 117a (MCL 400.117a), as amended by 2013 PA 138.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 117a. (1) As used in this section and sections 117b to
117g:
(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 money
appropriated by the legislature to counties for the cost of
juvenile justice services as follows:
(a) For a county that is not a county juvenile agency, the
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 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.
(b) For a county that is a county juvenile agency, the
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.
(c) Notwithstanding the provisions in subdivision (a), for the
fiscal
year years ending September 30, 2014 and September 30, 2015,
the department shall pay 100% of the costs of the $3.00 increase to
the administrative rate for providers of foster care services
provided in section 546(4) of article X of 2013 PA 59 and section
546(4) of article X of 2014 PA 252. 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.
(d) Notwithstanding the provisions of subdivision (a) or (c),
for the fiscal years ending September 30, 2014 and September 30,
2015, for foster care cases established after October 1, 2013, the
department shall pay 100% of the administrative rate for providers
of treatment foster care services and foster care services provided
in section 546(1) of article X of 2013 PA 59 and section 546(1) of
article X of 2014 PA 252. 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.
(e) Notwithstanding the provisions in subdivision (a), for the
fiscal year ending September 30, 2015, 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 section 546(6) of article X of 2014 PA
252.
(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 develop a reporting system providing
that reimbursement under subsection (4)(a) shall be made only on
submission of billings based on care given to a specific,
individual child. The system shall be implemented not later than
October 1, 1982.
