Michigan-2013-HB5507-Engrossed

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.

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.

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.