Bill Text: MI SB0101 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Juveniles; juvenile justice services; county juvenile justice services reimbursements; modify. Amends sec. 117a of 1939 PA 280 (MCL 400.117a).
Spectrum: Bipartisan Bill
Status: (Passed) 2019-11-05 - Assigned Pa 0114'19 [SB0101 Detail]
Download: Michigan-2019-SB0101-Enrolled.html
state of michigan
100th Legislature
Regular session of 2019
Introduced by Senators
Lucido and Geiss
ENROLLED SENATE BILL No. 101
AN ACT to amend 1939 PA 280, entitled “An act
to protect the welfare of the people of this state; to provide general
assistance, hospitalization, infirmary and medical care to poor or unfortunate
persons; to provide for compliance by this state with the social security act;
to provide protection, welfare and services to aged persons, dependent
children, the blind, and the permanently and totally disabled; to administer
programs and services for the prevention and treatment of delinquency,
dependency and neglect of children; to create a state department of social
services; to prescribe the powers and duties of the department; to provide for
the interstate and intercounty transfer of dependents; to create county and
district departments of social services; to create within certain county
departments, bureaus of social aid and certain divisions and offices
thereunder; to prescribe the powers and duties of the departments, bureaus and
officers; to provide for appeals in certain cases; to prescribe the powers and
duties of the state department with respect to county and district departments;
to prescribe certain duties of certain other state departments, officers, and
agencies; to make an appropriation; to prescribe penalties for the violation of
the provisions of this act; and to repeal certain parts of this act on specific
dates,” by amending section 117a (MCL 400.117a), as amended by 2018 PA
580.
The People of the State of
Michigan enact:
Sec.
117a. (1) As used in this section and sections 117b to 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) “Donated funds” means any gifts of money
made available to the county child care fund for services for child welfare or
delinquency matters, including juvenile justice services.
(d) “Donor” means the entity, person, or
persons providing the donated funds.
(e) “Gross expenditure” means the total
adjusted expenditures included in a county’s monthly expenditure report and
submitted to the department.
(f) “In-home care” means expenditure of child
care fund money for services and items listed in this section to be an
alternative to out-of-home care or to provide an early return home for a child
placed out of his or her home.
(g) “Juvenile detention facility” means a
county-operated or court-operated juvenile facility that houses and provides
group care, shelter care, or detention administered and staffed by county or court employees.
(h) “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.
(i) “Out-of-home
care” means placement outside of the residence of the child’s parent, legal
guardian, or, except as provided in this subdivision, relative where the child
is found, from which the child was removed by the authority of the court, or in
which the child will be placed on a permanent basis.
(j) “Technology and software” means risk and
needs assessment software or software directly related to treatment or services
provided within a reimbursable in-home care program. Technology and software
does not include the purchase of new equipment or hardware, or maintenance of
equipment or hardware for the reimbursable in-home care program. Technology and
software also does not include new equipment cost,
maintenance of equipment, technology, or software used exclusively for general
support for the court.
(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 distribute money
appropriated by the legislature to counties for the cost of juvenile justice
services 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, shall be
paid by the department and reimbursed by the county for all undisputed charges.
Implementation of this subdivision takes effect on October 1 of the fiscal year
following the appropriation to support new payment processes and the
implementation of technological changes to the statewide automated child
welfare information system.
(b) Payment for expenditures for children 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 for
all undisputed charges. Expenditures described in this subdivision include the
following:
(i) Direct expenditures for out-of-home
care, including all of the following:
(A) Salaries of county- or court-operated
detention center, shelter care, or group care facility specific employees,
including, but not limited to, all of the following:
(I) Management staff of a facility.
(II) Direct service staff of a facility.
(III) Mental health staff of a facility.
(IV) Support staff including clerical staff of
a facility.
(V) Janitorial, maintenance, or ground staff
of a facility, or any combination of these.
(VI) Kitchen staff of a facility.
(VII) Security staff of a facility.
(VIII) Circuit court employees who support the
child care fund county- or court-operated detention center, shelter care, or
group care facility.
(B) Fringe benefits, including payroll taxes,
medical, vision and dental insurance, group life insurance, disability insurance, accident insurance, health
savings accounts, retirement contributions, worker’s compensation, and
accrued severance benefits of county- or court-operated detention center,
shelter care, or group care facility specific employees and circuit court
administration who administrate and support the child care fund county- or court-operated detention center, shelter
care, or group care facility.
(C) Clothing for children.
(D) Food for children.
(E) Meals furnished to staff
who are on duty at a county- or court-operated detention center, shelter care,
or group care facility and assigned responsibilities for the supervision and
care of the youth during facility mealtime.
(F) Hygiene supplies for
children, including shampoo, soap, or toothpaste.
(G) Education costs for
children who are temporary residents in a county- or court-operated detention
center, shelter care, or group care facility and for whom attendance in a
public school system or local education agency is not an option.
(H) Utilities of a county- or
court-operated detention center, shelter care, or group care facility,
including water, gas, electric, trash, and sewer.
(I) Janitorial supplies of a
county- or court-operated detention center, shelter care, or group care
facility.
(J) Kitchen supplies of a
county- or court-operated detention center, shelter care, or group care
facility.
(K) Laundry supplies or service
of a county- or court-operated detention center, shelter care, or group care
facility.
(L) Linen supplies or service
of a county- or court-operated detention center, shelter care, or group care
facility, including towels and bedding.
(M) Office supplies that are
dedicated solely to the county- or court-operated detention center, shelter
care, or group care facility.
(N)
Cellular telephones, landline telephones, and 2-way radios used for
communication that are dedicated solely to the county- or court-operated
detention center, shelter care, or group care facility.
(O) Copy machine charges that
are dedicated to the county- or court-operated detention center, shelter care,
or group care facility.
(P) Mattress, box spring, or
bed frame used in a county- or court-operated detention center, shelter care,
or group care facility.
(Q) Medical, dental,
psychological, and psychiatric services, including medication, for children who
are not covered by another source which services are not to determine
competency.
(R) Periodicals and books of a
county- or court-operated detention center, shelter care, or group care
facility.
(S) Recreational supplies,
programs, and television in a county- or court-operated detention center,
shelter care, or group care facility.
(T) Training for child care
fund-funded staff and in-service education directly related to the out-of-home
program, excluding tuition grants or scholarships for college credit.
(U) Mileage reimbursement rate
costs for transporting children of a county- or court-operated detention
center, shelter care, or group care facility. Mileage reimbursement rates used
must adhere to the county or tribe published rates. Mileage reimbursement rates
cover all costs of operating a vehicle, including maintenance, repairs, taxes,
gas, insurance, and registration fees.
(V) Drug testing for children.
(W) Birth certificates for
children.
(Y) Interpreter fees for
nonjudicial processes.
(Z) Printing, binding, and
postage for materials relating to the education or correspondence relating to
children in the county- or court-operated detention center, shelter care, or
group care facility.
(AA) Membership dues or fees
for professional credential maintenance of staff who provide or support a
service to children under the child care fund, or professional staff for whom
professional licensure is required in their respective job description.
(BB) Contracted personnel,
programming, or services, or any combination of these.
(CC) Nonscheduled payments.
(DD) New services that the
department may agree with counties and tribes to include that are not
identified in this section that support eligible children and families.
(ii)
Administrative or indirect expenditures for out-of-home care. An administrative
or indirect cost payment equal to 10% of a county’s total monthly gross
expenditures will automatically be distributed to the county on a monthly
basis. A county is not required to submit documentation to the department for
any of the expenditures that are covered under the 10% payment.
(iii)
Direct expenditures for in-home care, including the following:
(A) Salaries of circuit court
employees who support the child care fund in-home care program.
(B) Fringe benefits, including
payroll taxes, medical and dental insurance, group life insurance, disability
insurance, accident insurance, health savings
accounts, retirement contributions, and accrued severance benefits of circuit
court employees who support the child care fund in-home care program. For a
county that receives the juvenile court officer grant and the appointed
juvenile court officer works within an approved program, the proportional
fringe benefits for the juvenile court officer may be reimbursable.
(C) Mileage reimbursement rate
costs associated with the child care fund in-home care program. Mileage
reimbursement rates used must adhere to the county or tribe published rates.
Mileage reimbursement rates cover all costs of operating a vehicle, including
maintenance, repairs, taxes, gas, insurance, and registration fees.
(D) Program supplies and
materials, including, but not limited to, all of the following:
(I) Program-specific supplies,
including risk or needs assessments, recognition plaques, and educational or
program licenses.
(II) Office supplies related to
program activities and pro-social activities.
(III) Food related to program
activities and pro-social activities.
(IV) Drug test kits.
(V) Tethers and other forms of
electronic monitoring.
(E) Other costs, including all
of the following:
(I) Cellular telephones and
other safety tracking technology for child care fund-funded staff.
(II)
Training for child care fund-funded staff and in-service education related to
the in-home care component,
excluding tuition grants or scholarships for
college credit.
(III) Education costs for
children who are prohibited from school attendance in a public school system or
the local education agency or have severe educational issues and have been
court ordered into a child care fund-funded educational program.
(IV) Printing, binding, or
postage for materials relating to the education or correspondence on behalf of
children in the in-home care program.
(V) Membership dues or fees –
professional credential maintenance of staff who provide or support a service
to children under the child care fund or professional staff for whom
professional licensure is required in their respective job descriptions.
(VI) Business cards.
(F) Other program-specific
activities costs, including entrance fees for programs.
(G) Conference travel costs for
other non-child-care-fund-related training, including evidence-based and
promising practices training.
(H) Contracted personnel,
programming, or services, or any combination of these.
(I) Unit cost contracts,
including all of the following:
(I) Contracted - drug testing –
lab (per “drug test” basis).
(II) Contracted - counselor
fees – (per “hour” basis).
(III)
Contracted - group session dollar per session (per “session” basis). Group
roster documentation required.
(IV) Contracted - psychological
evaluations, excluding competency examinations – (per “evaluation” basis).
(V) Contracted - service
providers (per “service” basis).
(J)
Closed-end contracts. Closed-end contracts include, but are not limited to, all
of the following:
(I) University contracts,
including “program evaluation”.
(II) Private agency services
contracts.
(III) Educational services
contracts.
(IV) Court appointed special
advocate (CASA) and wraparound contracts.
(V) Other contracts
identifiable to the program.
(K) Nonscheduled payments or
case services payments. A nonscheduled payment is a payment to an individual or
organization for items specified and defined in the child care fund handbook
that are not included in the state-established per diem rate. A nonscheduled
payment may include the following list:
(I) Emergency costs, including
immediate food, clothing, medical, or dental needs that are not covered by
another source.
(II) Gymnasium or other
pro-social activity requiring a membership per child related to program
activities.
(III) Rewards or incentive pay
for youth related to program activities.
(IV) Bus tokens or gas cards
related to program activities.
(V) Mentor costs - meals,
mileage, movies, or social costs related to program activities.
(VI) Noncontracted service
provider related to program activities.
(VII) Noncontracted group
session related to program activities.
(VIII) Noncontracted
psychological evaluations, excluding competency examinations.
(IX) Family assessment or
evaluations.
(X)
Noncontracted counselor fees.
(XI) Noncontracted drug testing
– labs.
(XII) Camps or field trips.
(XIII) Birth certificates for
children.
(L) New services that the
department may agree with counties and tribes to include that are not
identified in this section that support eligible children and families.
(M) Technology and software.
(iv)
Administrative or indirect expenditures for in-home care. An administrative or
indirect cost payment equal to 10% of a county’s total monthly gross
expenditures will automatically be distributed to the county on a monthly
basis. A county is not required to submit documentation to the department for
any of the expenditures that are covered under the 10% payment.
(c) Except as provided in
subdivision (j), 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. 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.
(d) For a
county that is a county juvenile agency, 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) Notwithstanding the
provisions in subdivision (a), subject to appropriations, the department shall
pay 100% of the costs of the $9.20 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) Notwithstanding the
provisions of subdivision (c), the department shall pay 100% of the
administrative rate that is in effect on September 26, 2018 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) Notwithstanding the
provisions in subdivision (c), the department shall pay 100% of the costs of
any rate increase that is in effect on September 26, 2018 to the providers of
residential foster care services under contract with the department, as
provided in the annual appropriation for the department budget.
(h) Notwithstanding the
provisions in subdivision (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 750,000, 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.
(i)
Subdivision (h) only impacts child abuse and child neglect services and not
juvenile justice program funding.
(j) Beginning October 1, 2021,
the state shall pay 100% of the cost to provide juvenile justice services when
a court exercises jurisdiction over a juvenile who is 17 years of age, but
under the age of 18 at the time of the offense. The costs must include all
expenditures under subdivision (b) until jurisdiction is terminated, for youth
under section 2(a) and (d) of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2. There shall be no change in
funding provided for juveniles who are under 17 years old at the time of the
offense.
(5) Beginning October 1, 2025, the rate of
reimbursement paid by the state for all juveniles is equal to the quotient of
the following, expressed as a percentage, using actual expenditures for the
fiscal years ending September 30, 2022, September 30, 2023, and September 30, 2024:
(a) The sum of both of the following:
(i)
Total state expenditures under the reimbursement rate established under
subsection (4)(c) for juveniles under 17 years of age at the time of offense.
(ii) Total expenditures for juveniles 17 years of age under this section.
(b) The sum from subdivision (a) divided by
total expenditures under this section for all eligible juveniles.
(6) The purposes for which funding under this
section shall be distributed as provided under subsection (4) may be allowed
unless otherwise accessible and available by other public assistance programs
necessary to achieve the goals and outcomes for in-home care or out-of-home
care. Reimbursement shall not be made for costs associated with an otherwise
eligible child or family, or both, if the reason for the unavailability of
public assistance is due to intentional program violations and disqualification
of any public assistance.
(7) All service providers shall submit a
request for payment within 1 calendar year of the date of service. A request
for payment submitted after 1 calendar year from the date of service requires
the provider to submit an exception request to the county
or the department for approval or denial.
(8) The county or the department is not
subject to an offset, chargeback, or reimbursement liability when a child care
fund cost is approved by the county or the department for payment after 1 year
from the date of service.
(9) The county is not subject to an offset,
chargeback, or reimbursement liability for prior expenditures resulting from an
error in foster care fund source determinations.
(10) 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.
(11) The department shall establish guidelines
for the development of county juvenile justice service plans in counties that
are not county juvenile agencies.
(12) 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.
(13) The department shall
maintain a reporting system providing that reimbursement under subsection (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 October 1, 2021.
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
