DEPARTMENT OF HEALTH AND HUMAN SERVICES CHILDREN’S SERVICES AGENCY

CHILD CARE FUND

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the department of health and human services by sections 6 and 117a of the social welfare act, 1939 PA 280, MCL 400.6 and 400.117a)

R 400.2001, R 400.2009, and R 400.2022 of the Michigan Administrative Code are amended, and R 400.2005a is added, as follows:

PART 1. GENERAL PROVISIONS

R 400.2001 Definitions.

  Rule 1. As used in these rules:

(a) “Caseworker” means the primary case manager that meets the educational and experiential requirements as set forth by Supreme Court Administrative Order No. 1985- 5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix

(1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009), or by department policy.

  (a) “Child” means an individual who meets all of the following:

   (i) Is not emancipated under 1968 PA 293, MCL 722.1 to 722.6.

   (ii) Lives with a parent or caretaker.

   (iii) Is either of the following:

    (A) Less than 18 years of age.

    (B) 18 years of age and a full-time high school student.

   (iv) Is under the jurisdiction of the court pursuant to sections 2a and 5 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2a and 712A.5.

  (b) “Community-based services” means programs or services that are used as alternatives to residential or detention care or expedite the return home of a youth to the community.  Community-based services include respite care and shelter care for less than 30 days pursuant to sections 117a to 117h of the social welfare act, 1939 PA 280,  MCL 400.117a to 400.117h. 

  (bc) "County department" means the county office of the department of health and human services created in each county by section 45 of the social welfare act, 1939 PA 280, MCL 400.45, or the tribal entity found within that county.

  (cd) "County department of health and human services subaccount" means the account authorized by the county board of commissioners or tribal entity responsible for the expenditure of child care funds by the county department.

  (de) "Court" means the local or tribal court with jurisdiction over juvenile matters.

  (ef) “Department" means the department of health and human services.

  (fg) "Direct service" means service provided to a specific client rather than to a general target group.

  (g) “Donated funds” means a gift of money made available to the county child care fund for services for out-of-home placement or in-home care in child welfare or delinquency matters.

(h) “Donor” means the entity, individual person, or individuals persons providing the donated funds.

   (i) "In-home care option" means the expenditure of child care fund dollars for services that are determined by the department to be alternatives to out-of-home care or to provide an early return home for children placed out of the home.

(j) "Intensive service" means that the caseworker-to-case load ratio is not more than 1 to 20 and that there is not less than an average of 1 face-to-face contact per week during the period a case is open for service.

  (kh) “Judicial costs” means costs related to or connected with the administration of justice which that include, but are not limited to, the following:

   (i) Filing fees.

   (ii) Charges for service of summons and complaint.

   (iii) Attorney fees.

(iv) Competency evaluations.

   (viv) Court reporter charges.

  (li) "Published policies and business processes” means those policies and business processes contained in "The Child Care Fund Handbook” and department policy.

  (mj) "State ward charge-back" means the amount of dollars money the department bills a county for the cost of care for state wards.

(n) “Title IV-E” means the funding source established by title IV, part E of the social security act, 42 USC chapter 7, subchapter IV, part E, that provides federal financial participation in the costs of foster care maintenance payments for children who would be eligible for aid to dependent children if living in the parental home or with an acceptable relative.

R 400.2005a  County requirements.

  Rule 5a. (1) In addition to the county requirements under section 117a(13) of the social welfare act, 1939 PA 280, MCL 400.117a, the county shall provide data for each of those requirements to receive state reimbursement.

  (2) The data and method of providing the data will be cited in the department’s published policies and business processes.

R 400.2009 In-home care Community-based services.

  Rule 9. (1) The in-home care community-based services option of the child care fund may be used for children youth under the jurisdiction of the court, or at risk of being under the jurisdiction of the court, to provide for early intervention to treat problems of delinquency and neglect. In-home services are reimbursable in the following situations:

  (a2) In-home care Community-based services is are provided as an alternative to, or to prevent, removal from home and placement in detention or other out-of-home care, including diversionary programming. Community-based services are reimbursable in the following situations and if all the following provisions have been met: 

   (a) The approval of an implementation plan that articulates how the local program and practice satisfies the quality assurance standards as determined by the department.

 (b) The diversionary programming is consistent with sections 2 to 6 and 9 of the juvenile diversion act, 1988 PA 13, MCL 722.822 to 722.826 and 722.829, and sections 2f and 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2f and 712A.18, or equivalent tribal law and practices and as approved within the annual plan and budget.

   (c) The child care fund can be used for programs and practices if a complaint, referral, or petition is generated by the local prosecutor, law enforcement, parent or guardian, or authorized school personnel for a youth at risk of juvenile court involvement through residential placement and re-entry, excluding general prevention services for all youth at risk of juvenile justice systems involvement.  Community-based services include programming consistent with sections 821 to 831 of the juvenile diversion act, 1988 PA 13, MCL 722.821 to 722.831, and sections 2f and 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2f and 712A.18, or equivalent tribal law and practices and as approved within the annual plan and budget.

   (id) A complaint, referral, or petition has been is received and accepted by the court or the youth has been ordered to participate in the in-home care program at the dispositional hearing. Has considered the results of a validated risk and needs assessment to determine the scope of community-based services programming to comply with legislative requirements under section 117a of the social welfare act, 1939 PA 280, MCL 400.117a, and section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.

   (iie) The expenditure of child care fund money for in-home care community-based services is not for judicial costs.

   (f) The programming provided must be consistent with best, promising, and culturally appropriate practices.

   (g)    The family is eligible for public assistance programs, community-based services payments must not be used to pay for basic family needs.

(iii) The services are intensive.

(iv) The parent or parents and the youth or designee, or both, have agreed in writing

to receive in-home services or a preliminary hearing has been held.

(v) The court shall document that court staff responsible for case plan development and monitoring meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective

September 1, 2009, 483 Mich civ (2009).

(b) In-home care programs use case service payments in support of probation services, which can be shown, by the county, to have a relationship between those payments and the days of out-of-home care in the county. These case service payments are not to be made to pay for basic family needs otherwise available through public assistance programs.

(c) The in-home care early return option is used to accelerate the early return of a youth from family foster care, institutional care, or any other out-of-home care if all the following provisions are met:

(i) The case plan identifies an early return goal.

(ii) The case plan identifies all the parties and services.

(iii) The expenditure of child care fund money for in-home care is not for judicial

costs.

(iv) Either the parent or parents, guardian, or custodian, and the youth have agreed,

in writing, to receive in-home services. If the youth is younger than 14 years of age or unable to consent to receive services, or both, a hearing must be held and the court must order the youth into a program.

(v) The court documents that court staff or designee responsible for case plan development and monitoring, or both, meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009,

effective September 1, 2009, 483 Mich civ (2009).

  (d3) The county department may provide for in-home care community-based services from its subaccount for substantiated Ccategory 1 and 2 protective services cases, if expenditures are not for judicial costs. The case plan must identify all parties and services and one 1 of the following must apply to the service or services:

   (ia) The service or services are ordered as an alternative to out-of-home care.

   (iib) The service or services prevent the need to petition the juvenile court for removal or prevent placement in voluntary foster care.

   (iiic) The service or services will accelerate the return of a youth from out-of-home

care.

   (ivd)The court documents that court staff or the designee responsible for case plan

development and monitoring, or both, meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009,

effective September 1, 2009, 483 Mich civ (2009).

   (ve) In-home care Community-based programs use case service payments in support of in-home care community-based services, which can be shown by the county's or court’s relationship between those payments and the days of out-of-home care in the county.

  (e4) Case service payments are not made to cover basic family needs otherwise available through public assistance programs.

PART 2. ELIGIBLE EXPENDITURE CLASSIFICATIONS

R 400.2022 County child care fund expenditures; eligibility for reimbursement.

  Rule 22. (1) Unless otherwise indicated, for county child care fund expenditures within the limits of the approved annual child care fund ceiling budget to be are eligible for state child care fund 50% reimbursement, for residential services of detention and long-term residential placements. all Ppayments must be for provide a direct service, and be case-specific, identifiable to an individual child, and must not be for a judicial cost or an administrative cost. However, certain administrative costs, as that term is defined by the department in published policies and business processes, are reimbursable.

 (2) The county child care fund expenditures must be a 75% reimbursement of the annual expenditures from the child care fund for community-based services, including community-based supervision, services, respite care, and shelter care for less than 30 days and related practices, except expenditures that exceed the amount of budget approved. Payments must be for a direct service, case specific, identifiable to an individual child, and not be for judicial cost or an administrative cost. However, certain administrative costs, as that term is defined by the department in published policies and business processes, are reimbursable.

  (23) State child care fund reimbursement may be is allowed unless otherwise accessible and available by other public assistance programs necessary to achieve the goals and outcomes for in-home care community-based programming or out-of-home care. Reimbursement must 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.