Bill Text: MI SB1148 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Human services; county services; child care fund act; establish reimbursement procedures for appeal of determination. Amends sec. 117c of 1939 PA 280 (MCL 400.117c); adds sec. 117h & repeals sec. 117d of 1939 PA 280 (MCL 400.117d).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-10-20 - Referred To Committee On Oversight [SB1148 Detail]
Download: Michigan-2015-SB1148-Introduced.html
SENATE BILL No. 1148
Introduced by Senator MACGREGOR.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 117c (MCL 400.117c), as amended by 1998 PA 516,
and by adding section 117h; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 117c. (1) The county treasurer is designated as the
custodian
of all money provided for the use of the county family
independence
agency department, the family division of circuit
court, and the agency designated by the county board of
commissioners or, if a county has a county executive, chief
administrative officer, or county manager, that individual to
provide juvenile justice services. The county treasurer shall
create and maintain a child care fund. The following money shall be
deposited in the child care fund:
(a) All money raised by the county for the use of the county
family
independence agency department
for the foster care of
children with respect to whom the family division of circuit court
has not taken jurisdiction.
(b) Money for the foster care of children under the
jurisdiction of the family division of circuit court raised by the
county with the view of receiving supplementary funds for this
purpose from the state government as provided in section 117a.
(c) All funds made available by the state government for
foster care of children.
(d) All payments made in respect to support orders issued by
the family division of circuit court for the reimbursement of
government for expenditures made or to be made from the child care
fund for the foster care of children.
(e) All prepayments and refunds for reimbursement of county
family
independence agencies departments
for the foster care of
children.
(f) All funds made available to the county for the foster care
of children from any other source, except gifts that are
conditioned on a different disposition or reimbursements of the
general fund.
(g) Money for the foster care of children under the
jurisdiction of the court of general criminal jurisdiction
committed to a county facility or a court facility for juveniles in
the county in which the court of general criminal jurisdiction is
located.
(h) All payments made in respect to support orders issued by
the court of general criminal jurisdiction for the reimbursement of
government for expenditures made or to be made from the child care
fund for the foster care of children.
(2) The child care fund shall be used for the costs of
providing foster care for children under sections 18c and 117a and
under the jurisdiction of the family division of circuit court or
court of general criminal jurisdiction.
(3) The child care fund may be used to pay the county's share
of the cost of maintaining children at the Michigan children's
institute under 1935 PA 220, MCL 400.201 to 400.214, or public
wards under the youth rehabilitation services act, 1974 PA 150, MCL
803.301 to 803.309.
(4) The account for the child care fund shall be maintained
separate and apart from all other accounts of county funds. The
fund shall be used exclusively for carrying out the purposes
authorized by this act. The county board of commissioners shall
distinguish in its appropriations for the child care fund the sums
of money to be used by the family division of circuit court, the
county
family independence agency department, and the agency
designated by the county board of commissioners or the county
executive to provide juvenile justice services. The county
treasurer shall keep these segregated in proper subaccounts.
(5) A county annually shall develop and submit a plan and
budget for the funding of foster care services to the office for
approval. Funds shall not be distributed under section 117a except
for reimbursement of expenditures made under an approved plan and
budget.
The office shall not approve plans and budget that exceed
the
amount appropriated by the legislature.Neither the department
nor the county shall seek reimbursement for expenditures, except if
those expenditures were made under an approved plan and budget or
according to department policy.
(6) A county shall make and preserve accurate records of its
juvenile justice services and expenditures. Upon the department's
request, the information contained in the records shall be
available to the office.
(7) This section does not apply to a county that is a county
juvenile agency.
Sec, 117h. (1) The department or a county may appeal a
determination regarding reimbursement of a child care cost made
under this act. The appeal shall be conducted according to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(2) An appeal from a final order issued in an administrative
hearing shall be made to the circuit court of Ingham County, which
court has jurisdiction with respect to the cases described in
subsection (1) as in nonjury cases under the authority provided in
section 631 of the revised judicature act of 1961, 1961 PA 236, MCL
600.631.
Enacting section 1. Section 117d of social welfare act, 1939
PA 280, MCL 400.117d, is repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
