HB-5814, As Passed House, April 22, 2008
SUBSTITUTE FOR
HOUSE BILL NO. 5814
A bill to make appropriations for the department of human
services and certain state purposes related to public welfare
services for the fiscal year ending September 30, 2009; to provide
for the expenditure of the appropriations; to create funds; to
provide for the imposition of fees; to provide for reports; to
provide for the disposition of fees and other income received by
the state agency; and to provide for the powers and duties of
certain individuals, local governments, and state departments,
agencies, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
human services for the fiscal year ending September 30, 2009, from
the funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY:
Full-time equated classified positions....... 10,460.8
Full-time equated unclassified positions.......... 6.0
Total full-time equated positions............ 10,466.8
GROSS APPROPRIATION.................................... $ 4,619,752,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,416,700
ADJUSTED GROSS APPROPRIATION........................... $ 4,617,336,100
Federal revenues:
Total federal revenues................................. 3,168,228,800
Special revenue funds:
Total private revenues................................. 10,174,700
Total local revenues................................... 47,161,300
Total other state restricted revenues.................. 61,589,200
State general fund/general purpose..................... $ 1,330,182,100
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 398.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 392.7
Unclassified salaries--6.0 FTE positions............... $ 617,900
Salaries and wages--269.7 FTE positions................ 16,559,900
Contractual services, supplies, and materials.......... 5,992,100
Demonstration projects--9.0 FTE positions.............. 9,263,000
Inspector general salaries and wages--99.0 FTE
positions............................................ 5,809,900
Electronic benefit transfer EBT........................ 7,333,600
Michigan community service commission--15.0 FTE
positions............................................ 9,741,100
Internal audit services................................ 674,700
State office of administrative hearings and rules...... 4,204,700
GROSS APPROPRIATION.................................... $ 60,196,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 38,047,400
Special revenue funds:
Total private revenues................................. 3,199,600
Total local revenues................................... 175,000
Total other state restricted revenues.................. 25,000
State general fund/general purpose..................... $ 18,749,900
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 213.7
Child support enforcement operations--207.7 FTE
positions............................................ $ 24,381,800
Legal support contracts................................ 139,753,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 18,508,900
GROSS APPROPRIATION.................................... $ 215,053,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 186,308,600
Special revenue funds:
Total local revenues................................... 340,000
Total other state restricted revenues.................. 2,795,000
State general fund/general purpose..................... $ 25,610,300
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 17.0
Bureau of community action and economic opportunity
operations--17.0 FTE positions....................... $ 1,929,900
Community services block grants........................ 27,068,000
Weatherization assistance.............................. 18,418,700
GROSS APPROPRIATION.................................... $ 47,416,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 47,416,600
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions........... 41.7
Executive direction and support--5.0 FTE positions..... $ 434,200
Guardian contract...................................... 600,000
Adult services policy and administration--6.0 FTE
positions............................................ 627,100
Income support policy and administration--29.7 FTE
positions............................................ 4,823,600
Employment and training support services............... 38,254,100
Wage employment verification reporting................. 848,700
Urban and rural empowerment/enterprise zones........... 100
Nutrition education.................................... 28,000,000
Marriage initiative--0.5 FTE positions................. 2,475,000
Fatherhood initiative--0.5 FTE positions............... 1,725,000
Crisis prevention and elder law of Michigan food for
the elderly project.................................. 200,000
GROSS APPROPRIATION.................................... $ 77,987,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 53,472,700
State general fund/general purpose..................... $ 24,515,100
Sec. 106. CHILDREN'S SERVICES
Full-time equated classified positions.......... 145.3
Salaries and wages--44.2 FTE positions................. $ 2,887,600
Contractual services, supplies, and materials.......... 936,300
Foster care payments................................... 217,047,900
Adoption subsidies..................................... 242,298,900
Adoption support services--7.2 FTE positions........... 17,797,600
Youth in transition--2.0 FTE positions................. 13,266,800
Interstate compact..................................... 231,600
Children's benefit fund donations...................... 21,000
Teenage parent counseling--2.3 FTE positions........... 3,816,800
Families first......................................... 16,946,700
Strong families/safe children--3.0 FTE positions....... 12,902,100
Community protection and permanency--37.5 FTE
positions............................................ 21,802,800
Zero to three.......................................... 3,843,800
Family group decision making........................... 2,454,700
Family reunification program........................... 3,977,100
Family preservation and prevention services
administration--14.5 FTE positions................... 2,156,800
Black child and family institute....................... 100,000
Children's trust fund administration--10.0 FTE
positions............................................ 1,032,100
Children's trust fund grants........................... 3,825,100
ECIC, early childhood investment corporation........... 14,823,000
Attorney general contract.............................. 3,349,700
Prosecuting attorney contracts......................... 1,061,700
Child protection--5.0 FTE positions.................... 803,200
Subsidized guardianship program........................ 4,575,000
Domestic violence prevention and treatment--14.6 FTE
positions............................................ 14,773,700
Rape prevention and services........................... 2,600,000
Michigan youth opportunity initiative.................. 1,225,000
Title IV-E compliance and accountability office--5.0
FTE positions........................................ 392,700
Child care fund, abuse and neglect..................... 100
Bridges toward responsible adulthood................... 1,000,000
Child care fund in-home care incentive program......... 100
Communities in schools................................. 100
GROSS APPROPRIATION.................................... $ 611,950,000
Appropriated from:
Interdepartmental grant revenues:
IDG from DCH - crime victims' rights fund.............. 1,300,000
Federal revenues:
Total federal revenues................................. 381,709,700
Special revenue funds:
Private - children's benefit fund donations............ 21,000
Private - collections.................................. 3,225,000
Local funds - county chargeback........................ 22,304,300
Compulsive gaming prevention fund...................... 1,040,000
Children's trust fund.................................. 3,805,400
State general fund/general purpose..................... $ 198,544,600
Sec. 107. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 434.5
High security juvenile services--137.0 FTE positions... $ 17,005,100
Medium security juvenile services-- 224.0 FTE
positions............................................ 21,326,400
Community juvenile justice centers--27.0 FTE positions. 2,691,700
Maxey training school improvements..................... 2,000,000
Adrian training school property development............ 1,000,000
Child care fund........................................ 223,387,400
Child care fund administration--5.8 FTE positions...... 775,400
County juvenile officers............................... 3,890,500
Community support services--2.0 FTE positions.......... 1,495,500
Juvenile justice administration and maintenance--20.0
FTE positions........................................ 2,703,200
Federally funded activities--13.7 FTE positions........ 1,866,200
W. J. Maxey memorial fund.............................. 45,000
Juvenile accountability incentive block grant--1.0 FTE
positions............................................ 1,297,900
Committee on juvenile justice administration--4.0 FTE
positions............................................ 511,800
Committee on juvenile justice grants................... 5,000,000
Foster care payments, juvenile justice................. 100
GROSS APPROPRIATION.................................... $ 284,996,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 95,539,600
Special revenue funds:
Total private revenues................................. 45,000
Local funds - state share education funds.............. 2,828,500
Local funds - county chargeback........................ 19,695,600
State general fund/general purpose..................... $ 166,887,500
Sec. 108. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 8,406.5
Field staff, salaries and wages--8,123.7 FTE positions. $ 423,941,900
Contractual services, supplies, and materials.......... 17,255,900
Medical/psychiatric evaluations........................ 6,300,000
Donated funds positions--131.0 FTE positions........... 10,801,900
Training and program support--29.0 FTE positions....... 4,114,700
Child welfare institute--34.0 FTE positions............ 5,297,000
Food stamp reinvestment--78.8 FTE positions............ 8,663,800
Wayne County gifts and bequests........................ 100,000
Volunteer services and reimbursement................... 1,294,900
SSI advocates--10.0 FTE positions...................... 2,166,100
GROSS APPROPRIATION.................................... $ 479,936,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 265,848,800
Special revenue funds:
Local funds - donated funds............................ 1,817,900
Private funds - donated funds.......................... 654,400
Private funds - Wayne County gifts..................... 100,000
Private funds - hospital contributions................. 2,929,700
Supplemental security income recoveries................ 677,600
State general fund/general purpose..................... $ 207,907,800
Sec. 109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 569.4
Disability determination operations--545.9 FTE
positions............................................ $ 83,045,500
Medical consultation program--19.4 FTE positions....... 2,672,200
Retirement disability determination--4.1 FTE positions. 826,800
GROSS APPROPRIATION.................................... $ 86,544,500
Appropriated from:
Interdepartmental grant revenues:
IDG from DMB - office of retirement systems............ 1,116,700
Federal revenues:
Total federal revenues................................. 82,601,100
State general fund/general purpose..................... $ 2,826,700
Sec. 110. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 42,830,900
Occupancy charge....................................... 8,744,200
Travel................................................. 5,755,900
Equipment.............................................. 277,300
Worker's compensation.................................. 3,993,000
Advisory commissions................................... 17,900
Payroll taxes and fringe benefits...................... 264,320,600
GROSS APPROPRIATION.................................... $ 325,939,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 188,582,600
State general fund/general purpose..................... $ 137,357,200
Sec. 111. BUREAU OF CHILDREN AND ADULT LICENSING
Full-time equated classified positions.......... 233.0
AFC, children's welfare and day care licensure--233.0
FTE positions........................................ $ 24,757,000
GROSS APPROPRIATION.................................... $ 24,757,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 12,190,300
Special revenue funds:
Licensing fees......................................... 627,300
Health systems fees and collections.................... 355,200
State general fund/general purpose..................... $ 11,584,200
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions............ 7.0
Family independence program............................ $ 368,246,800
State disability assistance payments................... 39,080,600
Food assistance program benefits....................... 1,221,340,900
State supplementation.................................. 60,197,000
State supplementation administration................... 2,477,100
Low-income home energy assistance program.............. 116,451,600
Food bank funding...................................... 675,000
Homeless programs...................................... 11,646,700
Multicultural assimilation funding..................... 1,715,500
Indigent burial........................................ 5,909,300
Emergency services local office allocations............ 21,865,500
Day care services...................................... 387,695,700
Day care training, technology, and oversight........... 2,260,500
Refugee assistance program--7.0 FTE positions.......... 12,703,700
GROSS APPROPRIATION.................................... $ 2,252,265,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 1,717,566,200
Special revenue funds:
Child support collections.............................. 34,497,100
Supplemental security income recoveries................ 14,156,600
Public assistance recoupment revenue................... 3,610,000
State general fund/general purpose..................... $ 482,436,000
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 102,410,300
Child support automation............................... 50,297,700
GROSS APPROPRIATION.................................... $ 152,708,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 98,945,200
State general fund/general purpose..................... $ 53,762,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2007-2008 is $1,540,588,500.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2007-2008 is $143,572,200.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
PERMANENCY FOR CHILDREN
Child care fund........................................ $ 138,133,500
County juvenile officers............................... 3,645,500
OPPORTUNITY FOR ADULTS TO LIVE AND WORK IN THE COMMUNITY
State disability program............................... $ 1,793,200
TOTAL.................................................. $ 143,572,200
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "AFC" means adult foster care.
(b) "DCH" means the department of community health.
(c) "Department" means the department of human services.
(d) "DMB" means the department of management and budget.
(e) "ECIC" means early childhood investment corporation.
(f) "FTE" means full-time equated.
(g) "IDG" means interdepartmental grant.
(h) "JET" means jobs, education and training program.
(i) "RSDI" means retirement survivors disability insurance.
(j) "SSI" means supplemental security income.
(k) "Temporary assistance for needy families" or "TANF" or
"title IV-A" means part A of title IV of the social security act,
42 USC 601 to 604, 605 to 608, and 609 to 619.
(l) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 655 and 656 to 669b.
(m) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 673, 673b to 679, and 679b.
(n) "VA" means veterans affairs.
Sec. 204. The civil service commission shall bill the
department at the end of the first fiscal quarter for the 1% charge
authorized by section 5 of article XI of the state constitution of
1963. Payments shall be made for the total amount of the billing by
the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives appropriations committees and the senate and house
fiscal agencies and policy offices on the number of exceptions to
the hiring freeze approved during the previous quarter and the
reasons to justify the exception.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This shall include transmission of reports via electronic mail,
including a link to the Internet site, to the recipients identified
for each reporting requirement, or it may include placement of
reports on the Internet or Intranet site. On an annual basis, the
department shall provide a cumulative listing of the reports to the
house and senate appropriations subcommittees and the house and
senate fiscal agencies and policy offices.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 211. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 212. (1) In addition to funds appropriated in part 1 for
all programs and services, there is appropriated for write-offs of
accounts receivable, deferrals, and for prior year obligations in
excess of applicable prior year appropriations, an amount equal to
total write-offs and prior year obligations, but not to exceed
amounts available in prior year revenues or current year revenues
that are in excess of the authorized amount.
(2) The department's ability to satisfy appropriation fund
sources in part 1 shall not be limited to collections and accruals
pertaining to services provided in the current fiscal year, but
shall also include reimbursements, refunds, adjustments, and
settlements from prior years. The department shall submit a written
report to the chairpersons of the senate and house appropriations
subcommittees on the department budget that identifies all
reimbursements, refunds, adjustments, and settlements from prior
years to be used to satisfy appropriation fund sources.
Sec. 213. (1) The department may retain all of the state's
share of food assistance overissuance collections as an offset to
general fund/general purpose costs. Retained collections shall be
applied against federal funds deductions in all appropriation units
where department costs related to the investigation and recoupment
of food assistance overissuances are incurred. Retained collections
in excess of such costs shall be applied against the federal funds
deducted in the executive operations appropriation unit.
(2) The department shall report to the legislature during the
senate and house budget hearings on the status of the food stamp
error rate. The report shall include at least all of the following:
(a) An update on federal sanctions and federal requirements
for reinvestment due to the food stamp error rate.
(b) Review of the status of training for employees who
administer the food assistance program.
(c) An outline of the past year's monthly status of worker to
food stamp cases and monthly status of worker to food stamp
applications.
(d) Corrective action through policy, rules, and programming
being taken to reduce the food stamp error rate.
(e) Any other information regarding the food stamp error rate,
including information pertaining to technology and computer
applications used for the food assistance program.
Sec. 214. (1) The department shall submit a report to the
chairpersons of the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies and
policy offices, and the state budget director on the details of
allocations within program budgeting line items and within the
salaries and wages line items in all appropriation units. The
report shall include a listing, by account, dollar amount, and fund
source, of salaries and wages; longevity and insurance; retirement;
contractual services, supplies, and materials; equipment; travel;
and grants within each program line item appropriated for the
fiscal year ending September 30, 2009. With regard to federal
appropriations, for each program line item funded by no more than 3
federal funding sources, the department shall provide estimates of
the allocation of the appropriation for each specific federal
funding source.
(2) On a bimonthly basis, the department shall report on the
number of FTEs in pay status by type of staff.
Sec. 215. If a legislative objective of this act or the social
welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be
implemented without loss of federal financial participation because
implementation would conflict with or violate federal regulations,
the department shall notify the state budget director, the house
and senate appropriations committees, and the house and senate
fiscal agencies and policy offices of that fact.
Sec. 216. The department, in collaboration with the state
budget office, shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the house and senate policy offices on or before
March 1, 2009 a report on appropriated and supportable FTE
positions within the executive budget proposal for the fiscal year
beginning October 1, 2009. The report shall contain all of the
following information for each individual line item contained in
the executive budget proposal for the department budget:
(a) The number of FTEs to be funded from the line item.
(b) The amount that is proposed to be allocated to salary and
wage costs from the gross appropriation for the line item.
(c) The amount that is proposed to be allocated to salary and
wage costs from the gross appropriation for the line item on which
was based the increase in the executive budget proposal from the
amount appropriated for the line item in the department budget for
the fiscal year ending September 30, 2009, if different from the
amount in subdivision (b).
(d) The portion of the amount described in subdivision (b)
that is proposed to be taken from each funding source identified in
the budget.
(e) The gross salary and wage expenditures for the line item
during the fiscal year ending September 30, 2008 and the estimated
salary and wage expenditures for the line item during the fiscal
year ending September 30, 2009.
(f) The estimated number of FTE positions supportable by the
amount described in subdivision (b).
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house standing committees on appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
(g) The travel is necessary as part of the training of
department workers or the staff of private providers through the
child welfare institute.
Sec. 218. (1) The department shall prepare an annual report on
the TANF federal block grant. The report shall include projected
expenditures for the current fiscal year, an accounting of any
previous year funds carried forward, and a summary of all
interdepartmental or interagency agreements relating to the use of
TANF funds. The report shall be forwarded to the state budget
director and the house and senate appropriations subcommittees on
the department budget and the house and senate fiscal agencies and
policy offices within 10 days after presentation of the executive
budget.
(2) The state budget director shall give prior written notice
to the members of the house and senate appropriations subcommittees
for the department and to the house and senate fiscal agencies and
policy offices of any proposed changes in utilization or
distribution of TANF funding or the distribution of TANF
maintenance of effort spending relative to the amounts reflected in
the annual appropriations acts of all state agencies where TANF
funding is appropriated. The written notice shall be given not less
than 30 days before any changes being made in the funding
allocations. This prior notice requirement also applies to new
plans submitted in response to federal TANF reauthorization or
replacement by an equivalent federal law.
Sec. 221. If the revenue collected by the department from
private and local sources exceeds the amount spent from amounts
appropriated in part 1, the revenue may be carried forward, with
approval from the state budget director, into the subsequent fiscal
year.
Sec. 222. (1) The department shall report no later than April
1, 2009 on each specific policy change made to implement a public
act affecting the department that took effect during the prior
calendar year to the house and senate appropriations subcommittees
on the budget for the department, the joint committee on
administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 223. The department shall make a determination of
Medicaid eligibility not later than 60 days after all information
to make the determination is received from the applicant when
disability is an eligibility factor. For all other Medicaid
applicants, the department shall make a determination of Medicaid
eligibility not later than 45 days after all information to make
the determination is received from the applicant.
Sec. 224. The department shall approve or deny a Medicaid
application for a patient of a nursing home within 45 days after
the receipt of the necessary information.
Sec. 225. The department shall develop a rapid redetermination
process for nursing home residents whose Medicaid stay is greater
than 90 days. This process shall be implemented not later than
September 30, 2009.
Sec. 227. The department, with the approval of the state
budget director, is authorized to realign sources of financing
authorizations in order to maximize temporary assistance for needy
families' maintenance of effort countable expenditures. This
realignment of financing shall not be made until 15 days after
notifying the chairs of the house and senate appropriations
subcommittees on the department budget and house and senate fiscal
agencies, and shall not produce an increase or decrease in any
line-item expenditure authorization.
Sec. 259. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology for technology-related
services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 262. (1) The department, in conjunction with county
department of human services boards of directors and the department
of management and budget, shall implement a plan to assist local
services delivery effectiveness and efficiency by maximizing use of
state resources while responding to unique needs in geographic
regions of the state. The department shall work with the department
of management and budget to reduce unnecessary layers of
management, such as zone offices or regional offices that may have
assumed their functions before eliminating county offices,
particularly when those county office closures would subject
clients and residents to lengthy travel in order to meet or consult
with their caseworker. Savings resulting from the plan shall be
allocated to county offices to fund additional frontline workers.
By February 1, 2009, the department shall submit a report to the
house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies and policy offices,
and the state budget director that outlines the plan and shall
include a review of the structures of the regional zone offices,
describing their similarities and dissimilarities between regions.
(2) The department shall not close county offices in Presque
Isle County, Ontonagon County, Baraga County, Iron County, or other
counties where closure would subject clients to undue travel
burdens.
Sec. 264. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 270. (1) The department shall continue to implement a
plan to provide client-centered results-oriented programs and
services for each of the following programs:
(a) Day care assistance.
(b) Family independence program.
(c) Adoption subsidy.
(d) Foster care.
(e) Juvenile justice services.
(f) Jobs, education, and training (JET) pilot program and
other welfare reform activities.
(2) The plan shall include detailed information to be compiled
on an annual basis by the department on the following for each
program listed in subsection (1):
(a) The average cost per recipient served by the program.
(b) Measurable performance indicators for each program.
(c) Desired outcomes or results and goals for each program
that can be measured on an annual basis, or desired results for a
defined number of years.
(d) Monitored results for each program.
(e) Innovations for each program that may include savings or
reductions in administrative costs.
(3) During the annual budget presentation, the department
shall provide the senate and house appropriations subcommittees on
the department budget the information listed in subsection (2).
Sec. 271. (1) The department shall report to the senate and
house appropriations subcommittees on the department budget, the
senate and house standing committees on human services, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget director on the progress of child and family
services reviews (CFSR). The reviews, conducted in the state by the
children's bureau of the United States department of health and
human services, are intended to assess the department's compliance
with the adoption and safe families act of 1997, Public Law 105-89,
111 Stat. 2115, with the ultimate goal of improving the state child
welfare system and the safety, permanency, and child and family
service outcomes to children and families. The report shall be
submitted January 1 and July 1.
(2) The report required under subsection (1) shall include the
findings and progress of all of the following:
(a) Changes made by the courts with respect to court forms and
court rules to meet the statutory requirement.
(b) Department policy changes within the areas of foster care,
juvenile justice, and adoption to meet the statutory requirements.
(c) Recommendations made by a workgroup composed of department
and other agency stakeholders.
(d) A summary of the 7 systemic factors that determine the
state's compliance with the adoption and safe families act of 1997,
Public Law 105-89, 111 Stat. 2115.
(e) A summary of the 7 data outcome indicators used to
determine the state's compliance with the adoption and safe
families act of 1997, Public Law 105-89, 111 Stat. 2115, including
the length of time required to achieve family reunification for
foster care cases.
(f) Federal recommendations made to the state, including
recommendations to the courts.
(g) Federal penalties assessed against the state for
noncompliance.
(h) Status of the performance improvement plan submitted to
the federal government.
Sec. 272. (1) The department shall report to the senate and
house appropriations subcommittees on the department budget, the
senate and house standing committees on human services, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget director on the result of the title IV-E foster
care eligibility reviews. The reviews, conducted in the state by
the United States department of health and human services, are
intended to assess the department's compliance with the adoption
and safe families act of 1997, Public Law 105-89, 111 Stat. 2115,
ensuring the department's case files and payments records meet
federal regulations, including standards on eligibility for
placement reimbursement and the allowable payment rate. The report
shall be submitted January 1 and July 1.
(2) The report required under subsection (1) shall include the
findings and progress of all of the following:
(a) Training programs conducted by the department, a
university affiliate, the child welfare institute, the Michigan
judicial institute, and any private agencies that have been
authorized to provide training.
(b) Changes made by the courts on court forms and rules used
in meeting the statutory requirements.
(c) Department policy changes that impact meeting the
statutory requirements for day care assistance, family independence
program, JET pilot, and foster care and adoption, including
juvenile justice programs.
(d) Recommendations for better compliance with federal
standards and increased eligibility for federal money made by a
workgroup composed of representatives from the department and other
departments, public and private agencies, and individual citizens.
(e) Federal recommendations submitted to the state, including
recommendations to the courts.
(f) Federal penalties assessed against the state.
(g) Changes in policies or practices resulting in additional
federal money, including how much additional federal money was
received.
(h) Any federal warnings or notices of potential sanctions or
penalties that may be imposed unless corrective state action is
taken.
(i) Measures taken to prevent or avoid sanctions.
Sec. 273. (1) On a timely basis, the department shall report
to the senate and house standing committees on human services and
the senate and house appropriations subcommittees with oversight on
the department budget regarding policy changes made to implement
the provisions of enacted legislation, including the annual
appropriation for the department budget.
(2) On an annual basis, the department shall provide a
cumulative list of all policy changes in the following areas: child
welfare services, child support, work first, work requirements,
adult and child safety, local staff program responsibilities, and
day care. The list shall be distributed to the senate and house
appropriations subcommittees on the department budget, the senate
and house standing committees dealing with human services, and the
senate and house fiscal agencies and policy offices.
(3) Not later than July 1, 2009, the department shall report
to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies and policy
offices, and the state budget director with copies of the annual
regulatory plan submitted to the state office of administrative
hearings and rules pursuant to section 53 of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.253.
(4) Money for the preparation of the regulatory reform plan
shall be provided solely in section 102 of the funds appropriated
in part 1. Money appropriated in part 1 shall not be used to
prepare regulatory plans or promulgate rules that would exceed
statutory authority granted to the department. If the department
fails to comply with the provisions of section 39(1) of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.239, no
money shall be expended for the further preparation of that
regulatory plan or the promulgation of rules for that regulatory
plan.
(5) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that fail to reduce the
disproportionate economic impact on small businesses as required in
section 40 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.240.
(6) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that grant preferences to
private providers of services based on whether that private
provider has a collective bargaining agreement with its workers.
Sec. 274. The department shall report to the house and senate
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget director as part of the annual budget presentation
on each federal grant this state was eligible to apply for, listing
both grants applied for and not applied for. This report will cover
grants exceeding $500,000.00, related to fatherhood and marriage
initiatives, teen pregnancy prevention, kinship care, before- and
after-school programs, family preservation and prevention, homeless
prevention, and youth in transition.
Sec. 278. (1) The department shall contract with 1 or more
private consulting firms for revenue maximization services for all
caseload services currently provided by the department, including
services expanded such as the SSI advocacy program. A contract
under this section shall specify that the contractor locate waste,
fraud, error, and abuse within the department's services and
programs.
(2) A contractor shall not charge the department a fee for
services provided under subsection (1). However, a contractor shall
receive a negotiated percentage of the savings not to exceed 25% of
the gross savings achieved from implementation of a recommendation
made by the contractor under this section.
(3) The department shall retain any savings achieved through
the revenue maximization services contract within the department
for the following purposes:
(a) Additional staff in order to reduce caseload-to-worker
ratios.
(b) To implement the proposed child welfare improvement plan.
(4) The department shall provide a report to the senate and
house appropriations subcommittees on the department budget, senate
and house standing committees on human services matters, senate and
house fiscal agencies and policy offices, and state budget director
by December 31, 2008 on the waste, fraud, error, and abuse located
under subsection (1). By April 1, 2009, the department shall
provide a progress report including the specific changes
implemented to achieve savings under this section and the timetable
for implementation of the remaining changes.
Sec. 279. All contracts relating to human services entered
into or renewed by the department on or after October 1, 2008 shall
be performance-based contracts that employ a client-centered
results-oriented process that is based on measurable performance
indicators and desired outcomes and includes the annual assessment
of the quality of services provided. During the annual budget
presentation, the department shall provide the senate and house
appropriations subcommittees on the department budget with the
measurable performance indicators, desired outcomes, and the
assessment of the quality of services provided for each contract
relating to human services entered into by the department during
the fiscal year ending September 30, 2009.
Sec. 280. The department shall submit a report to the house
and senate appropriations subcommittees for the department budget,
the house and senate fiscal agencies, the house and senate policy
offices, and the state budget director by February 1, 2009 on the
status of the department's information technology improvement
initiative "Bridges" integration project. The report shall include
details on the following:
(a) The amounts expended during the previous fiscal year and
the first quarter of the current fiscal year by project.
(b) The amounts of appropriations carried forward as work
projects from previous fiscal years for information technology
projects.
(c) A listing of the projects and activities undertaken during
the previous fiscal year and during the first quarter of the
current fiscal year.
Sec. 283. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 284. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $200,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 285. From the money appropriated in part 1, the
department shall implement continuous improvement efficiency
mechanisms in the programs administered by the department. The
continuous improvement efficiency mechanisms shall identify changes
made in programs to increase efficiency and reduce expenditures in
the programs. On March 31, 2009 and September 30, 2009, the
department shall submit a report to the state budget director, the
senate and house appropriations subcommittees, and the senate and
house fiscal agencies on the progress made toward increased
efficiencies in department programs. At a minimum, each report
shall include information on the program review process, the type
of improvement mechanisms implemented, and actual and projected
expenditure savings as a result of the increased program
efficiencies.
Sec. 286. The department shall contract with a private company
to conduct a study of ways to streamline the department's
procurement procedures for durable goods and services. A report and
recommendations for streamlining the department's procurement
procedures shall be prepared by the private contractor and
submitted to the house and senate appropriations committees and the
house and senate fiscal agencies by November 30, 2008.
EXECUTIVE OPERATIONS
Sec. 305. If federal funds become available to support a lead
testing program, the department shall, before issuing a license for
a day care facility and as part of licensing review and facility
inspection, require documentation verifying that the facility has
been inspected for lead hazards and that any lead hazards
identified have been remediated.
Sec. 306. Of the funds appropriated in part 1 for
demonstration projects, the department shall allocate $200,000.00
to support the kinship care resource center administered by the
Michigan state university school of social work. Funding is
contingent upon the center's reporting of necessary data to the
department to demonstrate TANF or maintenance of effort
eligibility. The center shall submit quarterly reports to the
department detailing expenditures from this appropriation and
reviewing program outcomes including the number of families served
through counseling, respite care, and other services as well as the
number provided with information on kinship care. The department
shall submit each quarterly report to the house and senate
appropriations subcommittees on the department budget by January
15, April 15, July 15, and October 15 of each year.
Sec. 307. (1) Of the money appropriated in part 1 for
demonstration projects, $200,000.00 shall be distributed as
provided in subsection (2). The amount distributed under this
subsection shall not exceed 50% of the total operating expenses of
the program described in subsection (2), with the remaining 50%
paid by local United Way organizations and other nonprofit
organizations and foundations.
(2) Money distributed under subsection (1) shall be
distributed to Michigan 2-1-1, a nonprofit corporation organized
under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code, 26 USC
501(c)(3), and whose mission is to coordinate and support a
statewide 2-1-1 system. Michigan 2-1-1 shall use the money only to
fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1
in January 2005.
(3) Michigan 2-1-1 shall report annually to the department and
the house and senate standing committees with primary jurisdiction
over matters relating to human services and telecommunications on
2-1-1 system performance, including, but not limited to, call
volume by community health and human service needs and unmet needs
identified through caller data and customer satisfaction metrics.
Sec. 308. From the money appropriated in part 1 for
demonstration projects, $200,000.00 shall be expended on a contract
with the University of Detroit Mercy to provide legal services for
disabled veterans who are seeking eligibility under federal
disability programs, including federal supplemental security
income. The contract shall fund a statewide effort by the
university through use of its mobile office to deliver these legal
services.
ADULT AND FAMILY SERVICES
Sec. 415. (1) In expending money appropriated in part 1 for
the fatherhood initiative, the department may contract with
independent contractors from various counties, including, but not
limited to, faith-based and nonprofit organizations. Preference
shall be given to independent contractors that provide at least 10%
in matching funds, through any combination of local, state, or
federal funds or in-kind or other donations. However, an
independent contractor that cannot secure matching funds shall not
be excluded from consideration for the fatherhood program.
(2) The department may choose providers that will work with
counties to help eligible fathers under TANF guidelines to acquire
skills that will enable them to increase their responsible behavior
toward their children and the mothers of their children. An
increase of financial support for their children should be a very
high priority as well as emotional support.
(3) A fatherhood initiative program established under this
section shall minimally include at least 3 of the following
components: promoting responsible, caring, and effective parenting
through counseling; mentoring and parental education; enhancing the
abilities and commitment of unemployed or low-income fathers to
provide material support for their families and to avoid or leave
welfare programs by assisting them to take advantage of job search
programs, job training, and education to improve their work habits
and work skills; improving fathers' ability to effectively manage
family business affairs by means such as education, counseling, and
mentoring in household matters; infant care; effective
communication and respect; anger management; children's financial
support; and drug-free lifestyle.
(4) The department is authorized to make allocations of TANF
funds, of not more than 20% per county, under this section only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 416. (1) In expending money appropriated in part 1 for
the marriage initiative, the department may contract with
independent contractors from various counties, including, but not
limited to, faith-based and nonprofit organizations. Preference
shall be given to independent contractors that provide at least 10%
in matching funds, through any combination of local, state, or
federal funds or in-kind or other donations. However, an
independent contractor that cannot secure matching funds shall not
be excluded from consideration for a marriage initiative program.
(2) The department may choose providers to work with counties
that will work to support and strengthen marriages of those
eligible under the TANF guidelines. The areas of work may include,
but are not limited to, marital counseling, domestic violence
counseling, family counseling, effective communication, and anger
management as well as parenting skills to improve the family
structure.
(3) A marriage initiative program established under this
section may include, but is not limited to, 1 or more of the
following: public advertising campaigns on the value of marriage
and the skills needed to increase marital stability and health;
education in high schools on the value of marriage, relationship
skills, and budgeting; premarital, marital, family, and domestic
violence counseling; effective communication; marriage mentoring
programs which use married couples as role models and mentors in
at-risk communities; anger management; and parenting skills to
improve the family structure.
(4) The department is authorized to make allocations of TANF
funds, of not more than 20% per county, under this section only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 418. From the funds appropriated in part 1 for employment
and training support services, the department may expand the
availability of individual development accounts (IDAs) with
$200,000.00 for allocation to qualified IDA programs established
through the Michigan IDA partnership to serve TANF eligible
households in Michigan. The Michigan IDA partnership shall
encourage each TANF eligible household served to claim the federal
earned income tax credit (EITC) and to incorporate all or part of
any tax credit received in the household's IDA savings plan, and
shall provide the household with information concerning available
free tax assistance resources. In addition, the Michigan IDA
partnership and its program sites shall participate in community
EITC coalitions established under the plan to increase the EITC
participation of TANF families referenced in section 666. The same
amount shall be appropriated annually to further expand IDA
opportunities to low-income families to become more financially
self-sufficient through financial education, saving, wise
investment in home ownership, postsecondary education, small
business development, or a combination of those programs.
Sec. 419. The department in collaboration with the Michigan
State University center for urban affairs and its partner
organizations, the Michigan credit union league and the national
federation of community development credit unions, shall further
the work begun in fiscal year 1999-2000 that implemented the
individual development accounts programs in the growing number of
low-income designated credit unions, i.e., community development
credit unions (CDCUs) located in this state's poorest communities.
This further work will extend capacity-building and technical
assistance services to existing and emerging CDCUs serving low-
income populations and will include:
(a) Creation of a Michigan-based support system for the
capacity-building of existing and emerging CDCUs serving low-income
individuals and families, including development and testing of
training, technical assistance, and professional development
initiatives and related materials, and other capacity-building
services to Michigan CDCUs.
(b) Other related support to assist existing and emerging
CDCUs in becoming self-supporting institutions to assist
impoverished Michigan residents in becoming economically
independent.
(c) Training and technical assistance to CDCUs in the
development of support services, such as economic literacy, credit
counseling, budget counseling, and asset management programs for
low-income individuals and families.
Sec. 423. From the money appropriated in part 1 for crisis
prevention and senior food aid projects, the department shall
allocate not less than $100,000.00 to assist this state's elderly
population to participate in the food assistance program. The money
may be used as state matching funds to acquire available United
States department of agriculture funding to provide outreach
program activities, such as eligibility screen and information
services, as part of a statewide food stamp hotline.
Sec. 424. Of the funds appropriated in part 1 for employment
and training, $200,000.00 in TANF funds may be used for the
effective family formation program by the child and family resource
council in Kent County for the purpose of instructing unwed parents
in developing family formation and sustaining behaviors.
CHILDREN'S SERVICES
Sec. 501. The following goal is established by state law.
During the fiscal year ending September 30, 2009, not more than
3,000 children supervised by the department shall remain in foster
care longer than 24 months. The department shall give priority to
reducing the number of children under 1 year of age in foster care.
During the annual budget presentation, the department shall report
on the number of children supervised by the department and by
private agencies who remain in foster care between 12 and 24
months, and those who remain in foster care longer than 24 months.
Sec. 502. From the funds appropriated in part 1 for foster
care, the department shall provide 50% reimbursement to Indian
tribal governments for foster care expenditures for children who
are under the jurisdiction of Indian tribal courts and who are not
otherwise eligible for federal foster care cost sharing.
Sec. 503. The department shall continue adoption subsidy
payments to families after the eighteenth birthday of an adoptee
who meets the following criteria:
(a) Has not yet graduated from high school or passed a high
school equivalency examination.
(b) Is making progress toward completing high school.
(c) Has not yet reached his or her nineteenth birthday.
(d) Is not eligible for federal supplemental security income
(SSI) payments.
Sec. 508. (1) In addition to the amount appropriated in part 1
for children's trust fund grants, money granted or money received
as gifts or donations to the children's trust fund created by 1982
PA 249, MCL 21.171 to 21.172, is appropriated for expenditure.
(2) The state child abuse and neglect prevention board may
initiate a joint project with another state agency to the extent
that the project supports the programmatic goals of both the state
child abuse and neglect prevention board and the state agency. The
department may invoice the state agency for shared costs of a joint
project in an amount authorized by the state agency, and the state
child abuse and neglect prevention board may receive and expend
funds for shared costs of a joint project in addition to those
authorized by part 1.
(3) From the funds appropriated in part 1 for the children's
trust fund, the department may utilize interest and investment
revenue from the current fiscal year only for programs,
administration, services, or all sanctioned by the child abuse and
neglect prevention board.
(4) The department and the child abuse neglect and prevention
board shall collaborate to ensure that administrative delays are
avoided and the local grant recipients and direct service providers
receive money in an expeditious manner. The department and board
shall seek to have the children's trust fund grants distributed no
later than October 31, 2008.
Sec. 509. (1) From the funds appropriated in part 1, the
department shall not expend funds to preserve or reunite a family,
unless there is a court order requiring the preservation or
reuniting of the family or the court denies the petition, if either
of the following would result:
(a) A child would be living in the same household with a
parent or other adult who has been convicted of criminal sexual
conduct against a child.
(b) A child would be living in the same household with a
parent or other adult against whom there is a substantiated charge
of sexual abuse against a child.
(2) Notwithstanding subsection (1), this section shall not
prohibit counseling or other services provided by the department,
if the service is not directed toward influencing the child to
remain in an abusive environment, justifying the actions of the
abuser, or reuniting the family.
Sec. 510. The department shall not be required to put up for
bids a contract with a service provider if the service provider is
nationally accredited or is currently the only provider in the
service area.
Sec. 513. (1) The department and representatives of private,
licensed child caring institutions shall collaborate in
establishing an out-of-state child placement task force to make
recommendations on the out-of-state placement of children.
Representation on the task force shall be equally divided between
the department and private, licensed child caring institutions.
(2) The department shall not expend money appropriated in part
1 to pay for the direct placement by the department of a child in
an out-of-state facility unless all of the following conditions are
met:
(a) There is no appropriate placement available in this state,
and an out-of-state placement exists within 100 miles of the
child’s home.
(b) The out-of-state facility meets all of the licensing
standards of this state for a comparable facility.
(c) The out-of-state facility meets all of the applicable
licensing standards of the state in which it is located.
(d) The department has done an on-site visit to the out-of-
state facility, reviewed the facility records, and reviewed
licensing records and reports on the facility and believes that the
facility is an appropriate placement for the child.
(3) The child placement task force shall work with the
department to establish a reporting process by which counties and
courts may report negative experiences with out-of-state
facilities, and whether they would or would not recommend placement
of youth in those facilities.
(4) The department shall submit a report by February 1 of each
year on the number of children who were placed in out-of-state
facilities during the previous fiscal year, the number of Michigan
children residing in such facilities at the time of the report, the
total cost and average per diem cost of these out-of-state
placements to this state, and a list of each such placement
arranged by the Michigan county of residence for each child.
(5) The department shall cooperate with the auditor general to
conduct an audit of out-of-state placements for the fiscal year
ending September 30, 2008 to determine if the department properly
enforced the criteria set forth in section 513 of article 10 of
2006 PA 345, and to determine if payments to counties were made for
cases that were not eligible under the provisions of that act. The
purpose of this audit is solely to determine compliance with the
criteria. No child who was placed improperly in an out-of-state
placement shall be forced to relocate to another placement as a
result of this audit. A county that has received payment for a case
that this audit determines to be ineligible shall not be required
to reimburse the state for that payment.
(6) Future budgets for the department shall include a
requirement for audits similar to the audit required in subsection
(5). If a future audit determines a county has been improperly paid
for an ineligible case under this section, the county may be
required to repay the amount received for the ineligible case.
Sec. 514. The department shall make a comprehensive report
concerning children's protective services (CPS) to the legislature,
including the senate and house policy offices and the state budget
director, by January 1, 2009, that shall include all of the
following:
(a) Statistical information including, at a minimum, all of
the following:
(i) The total number of reports of abuse or neglect
investigated under the child protection law, 1975 PA 238, MCL
722.621 to 722.638, and the number of cases classified under
category I or category II and the number of cases classified under
category III, category IV, or category V.
(ii) Characteristics of perpetrators of abuse or neglect and
the child victims, such as age, relationship, race, and ethnicity
and whether the perpetrator exposed the child victim to drug
activity, including the manufacture of illicit drugs, that exposed
the child victim to significant health and environmental hazards.
(iii) The mandatory reporter category in which the individual
who made the report fits, or other categorization if the individual
is not within a group required to report under the child protection
law, 1975 PA 238, MCL 722.621 to 722.638.
(b) New policies related to children's protective services
including, but not limited to, major policy changes and court
decisions affecting the children's protective services system
during the immediately preceding 12-month period.
(c) The information contained in the report required under
section 8d(5) of the child protection law, 1975 PA 238, MCL
722.628d, on cases classified under category III.
(d) The department policy, or changes to the department
policy, regarding termination of parental rights or foster
placement for children who have been exposed to the production of
illicit drugs in their dwelling place or a place frequented by the
children.
(e) The department policy, or changes to the department
policy, regarding children who have been exposed to the production
or manufacture of methamphetamines.
Sec. 515. (1) From the money appropriated in part 1 for foster
care payments and related administrative costs, the department
shall use performance-based contracts for foster care services with
private, nonprofit agencies and other service providers that
provided satisfactory services under contract before January 1,
2008. The goal of these contracts shall be to provide incentives
for agencies to improve services for children in foster care, but
especially to improve the process of finding them quality permanent
placements, and reducing their time as foster children. Not later
than March 30, 2009, the department shall provide an update to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the office of the state budget on benchmarks developed in
conjunction with private providers for these performance contracts,
results agencies have achieved in improving permanency placements,
and recommendations for further improvements for foster care
services across the entire state.
(2) Performance-based contracts under subsection (1) shall
include the following:
(a) When aggregated, the contracts shall provide coverage for
all areas of this state with an emphasis on use of community-based
services.
(b) Service providers shall not refuse a client or resident
for whom they have the ability, resources, and capacity to care.
(c) Service providers shall maintain or achieve national
accreditation for the services or activities they will provide.
(d) Service providers shall agree to provide services if
another provider of similar services in a similar region of the
state is no longer able to provide services.
(e) Service providers shall designate a specific court and
county liaison to respond to performance problems and concerns
about specific caseworkers and services. The liaisons shall be
identified to all courts and counties where services are provided
and shall be readily accessible to judges and chief administrative
officers.
(f) Service providers shall have clear performance standards
for staff and caseworkers regarding timely and professional
interactions with courts that have jurisdiction over children and
services provided to children.
(g) Service providers shall establish or maintain quality
assurance programs or dispute resolution programs to resolve
caseworker performance problems identified by courts.
Sec. 517. (1) From the funds appropriated in part 1, the
department is authorized to allocate funds to multipurpose
collaborative bodies. Priority for activities and services will be
given to at-risk children and families and cases classified by the
department as category III or category IV under sections 8 and 8d
of the child protection law, 1975 PA 238, MCL 722.628 and 722.628d.
(2) Funds appropriated in part 1 for 0 to 3 may be used to
fund community-based collaborative prevention services designed to
do any of the following:
(a) Foster positive parenting skills especially for parents of
children under 3 years of age.
(b) Improve parent/child interaction.
(c) Promote access to needed community services.
(d) Increase local capacity to serve families at risk.
(e) Improve school readiness.
(f) Support healthy family environments that discourage
alcohol, tobacco, and other drug use.
(3) The appropriation provided for in subsection (2) is to
fund secondary prevention programs as defined in the children's
trust fund's preapplication materials for fiscal year 2008-2009
direct services grants.
(4) Projects funded through the appropriation provided for in
subsection (2) shall meet all of the following criteria:
(a) Be awarded through a joint request for proposal process
established by the department in conjunction with the children's
trust fund and the state human services directors.
(b) Be secondary prevention initiatives. Funds are not
intended to be expended in cases in which neglect or abuse has been
substantiated.
(c) Demonstrate that the planned services are part of the
community's integrated comprehensive family support strategy
endorsed by the community collaborative and, where there is a great
start collaborative, demonstrate that the planned services are part
of the community’s great start strategic plan.
(d) Provide a 25% local match of which not more than 10% is
in-kind goods or services unless the maximum percentage is waived
by the state human services directors.
(5) As used in this section, "state human services directors"
means the director of the department of community health, the
director of the department of education, and the director of the
department.
Sec. 523. (1) From the funds appropriated in part 1 for youth
in transition, domestic violence prevention and treatment, and
teenage parent counseling, the department is authorized to make
allocations of TANF funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements.
(2) The agencies receiving teenage parent counseling TANF
funds shall report to the department on both of the following:
(a) Whether program services have impacted the following issue
areas:
(i) The number of teen participants having fewer repeat
pregnancies.
(ii) The completion rate for high school diplomas or GEDs.
(iii) The teen participants' rate of self-sufficiency.
(iv) The number of father participants.
(b) How many teens participate in the programs and have access
to any or all of the following services:
(i) Adult supervised, supportive living arrangements.
(ii) Pregnancy prevention services or referrals.
(iii) Required completion of high school or receipt of GED,
including child care to assist young mothers to focus on
achievement.
(iv) Support services, including, but not limited to, health
care, transportation, and counseling.
(v) Parenting and life-skills training.
(vi) Education, job training, and employment services.
(vii) Transition services in order to achieve self-sufficiency.
(viii) Instruction on self-protection.
(3) Agencies receiving teenage parent counseling funds shall
provide at least 10% in matching funds, through any combination of
local, state, or federal funds or in-kind or other donations.
Sec. 524. The department shall report on prevention programs
for which funds are appropriated in part 1 to the senate and house
appropriations subcommittees on the department budget during the
annual budget presentation. The report shall contain all of the
following for each program:
(a) The average cost per recipient served.
(b) Measurable performance indicators.
(c) Desired outcomes or results and goals that can be measured
on an annual basis, or desired results for a defined number of
years.
(d) Monitored results.
(e) Innovations that may include savings or reductions in
administrative costs.
Sec. 531. (1) From the funds appropriated in part 1, the
department shall make claims for and pay to local units of
government the full benefit of federal title IV-E revenues earned
as a result of the first $5,000,000.00 of eligible costs incurred
by local units of government.
(2) The department shall make payments under subsection (1)
only to local units of government that have entered into formal
agreements with the department. The agreement must include all of
the following:
(a) Provide for the department to retain 50% of any federal
revenues earned as a result of eligible costs above $5,000,000.00.
(b) Provide for department review and approval of the local
unit's plan for allocating costs to title IV-E.
(c) Provide for the local unit of government to submit bills
at times, and in the format, specified by the department.
(d) Specify that the local unit of government is responsible
for meeting all federal title IV-E regulation requirements,
including reporting requirements, with regard to the activities and
costs being billed to title IV-E.
(e) Provide for the local unit of government to pay the state
for the amount of any federal revenues paid to the local unit that
may subsequently be disallowed by the federal government.
(f) Be signed by the director of the department, the chief
executive officer of the local government agency providing the
title IV-E services, the chair of the county board of
commissioners, and the chief executive officer of the county.
Sec. 532. (1) The department, in collaboration with
representatives of private child and family agencies, shall revise
and improve the annual licensing review process and the annual
contract compliance review process for child placing agencies and
child caring institutions. The improvement goals shall be safety
and care for children. Improvements to the review process shall be
directed toward alleviating administrative burdens so that agency
resources may be focused on children. The revision shall include
identification of duplicative staff activities and information
sought from child placing agencies and child caring institutions in
the annual review process. The department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on or before January 15, 2009 on the
findings of the annual licensing review.
(2) The department shall conduct licensing reviews no more
than once every 2 years for child placing agencies and child caring
institutions that are nationally accredited and have no outstanding
violations.
(3) The department shall develop a plan to license relatives
of foster children as foster care providers to ensure consistent
high standards of care for those foster children. The department
shall report on the plan to the senate and house appropriations
subcommittees with oversight over the department budget, the senate
and house standing policy committees generally concerned with
children's issues, the senate and house fiscal agencies and policy
offices, and the state budget director as part of the quarterly
reports required by section 582.
Sec. 533. (1) The department shall make payments to private
nonprofit child placing facilities for title IV-E out-of-home care
services within 30 days of receiving all necessary documentation
from those agencies.
(2) The department shall explore various types of automated
payments to private nonprofit child placing facilities to improve
speed and accuracy of payments.
Sec. 536. The department shall not implement a geographically
based assignment system for foster care unless determined to be in
the best interests of the foster children.
Sec. 537. (1) The department, in collaboration with child
placing agencies shall develop goals, objectives, and performance
standards to evaluate achievements and results in providing quality
foster care for children, reductions in their time in foster care,
and better permanency placements.
(2) As part of the quarterly reports required by section 582,
the department shall submit a report to the senate and house
appropriations subcommittees with oversight over the department
budget, the senate and house standing policy committees generally
concerned with children's issues, the senate and house fiscal
agencies and policy offices, and the state budget director on the
goals, objectives, and performance standards developed under
subsection (1) and the results or outcomes of using the measures.
(3) The department, in collaboration with child placing
agencies, shall develop a strategy to implement section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o. The strategy shall
include a requirement that a department caseworker responsible for
preparing a recommendation to a court concerning a juvenile
placement shall provide, as part of the recommendation, information
regarding the requirements of section 115o of the social welfare
act, 1939 PA 280, MCL 400.115o.
Sec. 539. The department shall work in collaboration with
representatives from private nonprofit child placing agencies to
ensure appropriate placement for children who have been adjudicated
abused, neglected, or delinquent and for whom residential treatment
is required. The department and the representatives from the
private nonprofit child placing agencies shall focus on statewide
placement criteria to address the best interest of the child in
need of services. The placement criteria shall include a continuum
of care settings and options as appropriate for each child and his
or her needs at specific times, including home placements, relative
placements, shelter placements, and other options.
Sec. 544. The department shall continue pilot projects with
applications pending for accelerated residential treatment.
Sec. 545. (1) The department shall continue to implement a new
specialized foster care system based upon the report and
recommendations required in section 545(2) of 2004 PA 344.
(2) Not later than January 15, 2009, the department shall
report to the senate and house appropriations subcommittees for the
department budget, the standing committees of the senate and the
house of representatives with primary jurisdiction over children's
issues, and the senate and house fiscal agencies and policy offices
on new services available to foster children needing special
services. If new services have not been authorized or implemented
in the previous calendar year, the department shall provide an
explanation and a strategic plan to work with private child placing
agencies to provide new services.
(3) The department shall use money appropriated in part 1 for
foster care payments to reduce rate disparities between providers
of similar services in different geographic areas and to serve as
demonstration projects for further efforts in reducing these
disparities in future years.
Sec. 546. (1) From the money appropriated in part 1 for foster
care payments and for child care fund, the department shall pay
providers of these services 1 of the following rates:
(a) The applicable rate for the fiscal year ending September
30, 2008.
(b) The $27.00 blended rate.
(2) The department shall pay the rates in subsection (1)(a) or
(b) based on the choice of the provider submitted in writing to the
department.
(3) The department shall calculate and report to the house and
senate appropriations subcommittees on the department budget on the
cost of care, on a per diem basis, for foster care services
delivered directly by the department.
Sec. 547. From the money appropriated in part 1 for foster
care payments and for child care fund, the department shall pay a
private provider of independent living services a daily rate equal
to the daily rate the provider received in the fiscal year ending
September 30, 2008 plus a 4% increase to that daily rate.
Sec. 548. During the annual budget presentation to the house
and senate appropriations subcommittees on the department budget,
the department shall report on progress in implementing the
recommendations of the task force that studied the disproportionate
representation of African-American and other children of color in
the child welfare and juvenile justice systems as required under
former section 548 of the fiscal year 2005-2006 budget act for the
department.
Sec. 549. The department shall meet with personnel employed by
the office of the children's ombudsman and the state court
administrative office's foster care review board to investigate
streamlining the oversight process for child welfare services and
to ensure appropriate and adequate oversight while reducing
duplication and redundancy between government offices.
Sec. 556. The department shall submit a report to the
chairpersons of the senate and house of representatives
appropriations committees and the senate and house fiscal agencies
and policy offices that includes all of the following:
(a) A description of how the department is complying with
federal requirements to notify prospective adoptive parents about
adoption subsidies for which those prospective adoptive parents may
qualify.
(b) The number of requests received by the department from
adoptive parents for funds or reimbursement of costs to attend
conferences that include training or discussion of significant
adoption issues.
(c) The number of the requests described in subdivision (b)
that were approved by the department.
(d) The number of the requests described in subdivision (b)
that were denied by the department.
(e) The total amount of money expended on the requests
described in subdivision (b) that were approved.
(f) The number of fair hearing requests from adoptive parents
received by the department challenging the amount of the adoption
subsidy.
(g) The number of challenges described in subdivision (f)
alleging that a means test or similar test was used to determine
the amount of the adoption subsidy.
(h) The number of challenges described in subdivision (f)
alleging that an adoption subsidy amount was reduced without the
consent of the adoptive parent.
(i) The number of challenges described in subdivision (f)
alleging that a request for an increase in an adoption subsidy
amount was denied based on a means test or similar test.
(j) The number of adoption subsidy payments suspended when the
child is still in the custody of the adoptive parent, but no longer
in the physical care of that adoptive parent.
Sec. 559. If a conflict arises between the provisions of state
law, department rules, or department policy, and the provisions of
title IV-E, the provisions of title IV-E prevail.
Sec. 562. (1) The department shall allow a county to submit a
claim for title IV-E foster care funding for a placement in a
secure residential facility if the county can demonstrate that the
reason for the secure placement is a diagnosed medical necessity
and not protection of the public.
(2) The department shall submit a claim for title IV-E foster
care funding for a placement in a secure residential facility if
the county can demonstrate that the reason for the secure placement
is a diagnosed medical necessity and not protection of the public.
Sec. 563. From the funds appropriated in part 1 for foster
care payments and related administrative costs, the department may
implement the federally approved title IV-E demonstration project
waiver.
Sec. 565. (1) From the funds appropriated in part 1 for
federally-funded family preservation programs, the department shall
allocate $2,000,000.00 to Wayne County to provide home-based
programs as part of the county expansion of community-based
services to serve the county's adjudicated delinquent and abused
and neglected youth.
(2) One-half of the total amount allocated to Wayne County
shall be used to serve adjudicated delinquent youth, and 1/2 shall
be used to serve abused and neglected youth.
(3) Federal revenues shall be paid to Wayne County as
reimbursement for actual costs incurred, consistent with
established federal requirements.
(4) As a condition of receipt of federal funds pursuant to
subsection (1), Wayne County shall provide the department with a
plan for the use of allocated funds in a format to be specified by
the department. The county shall also provide the department with
all information required to demonstrate the appropriateness and
allowability of expenditures and to meet federal financial and
programmatic reporting requirements.
Sec. 566. (1) Subject to subsection (3), beginning October 1,
2008, preference shall be given in the provision of direct foster
care services to public and private agencies that are nationally
accredited.
(2) Contracts with licensed child placing agencies shall
include specific performance and incentive measures with a focus on
achieving permanency placement for children in foster care.
(3) Beginning October 1, 2007, the department shall not enter
into or maintain a contract with a for-profit child placing agency,
or with a nonprofit child placing agency that uses a for-profit
management group or contracts with a for-profit organization for
its management, to provide direct foster care services unless the
agency was licensed on or before August 1, 2007 and, if the agency
is a nonprofit child placing agency that uses a for-profit
management group or contracts with a for-profit organization for
its management, the contract with the for-profit group or
organization existed prior to August 1, 2007.
Sec. 567. (1) The department, in conjunction with private,
nonprofit child caring agencies and the chairpersons of the house
and senate appropriations subcommittees on the department budget,
shall review all policies, practices, and definitions for
residential treatment security levels. The department shall give
special consideration to how the levels affect the eligibility for
title IV-E funding of residential facilities for both child
welfare, abuse and neglect, and juvenile justice youth and whether
the policies, practices, and definitions are consistent with
federal title IV-E regulations, with the goal of maximizing the
amount of federal money available to this state.
(2) In making its review under subsection (1), the department
shall research the policies and practices of other states to
determine how the states are able to maximize title IV-E money
while complying with federal regulations.
Sec. 568. Beginning December 31, 2008, the department shall
submit quarterly reports to the legislature that include all of the
following information on the appropriation adjustments described in
section 568(2) of 2007 PA 131 and those same appropriations
adjustments in this act:
(a) The number of positions hired or paid from these
appropriations, what their titles and responsibilities will be,
what performance objectives and measurable outcomes they are
required to satisfy, and what they are being paid in salaries,
wages, and fringe benefits. If a community-based provider of
adoption services assumes an adoption case that was previously
handled by a public agency or worker, the time that the case was
handled by the public agency or worker shall not be counted in a
performance measure without the consent of the community-based
provider.
(b) Information on any contracts for services that have been
awarded and the performance objectives and measurable outcomes that
are incorporated in the contracts and the successes or failures
that are achieved as a result.
(c) Detailed information on any money spent for child welfare
improvements and what measurable outcome is expected for the money
being spent.
Sec. 570. (1) From the money appropriated in part 1 for the
subsidized guardianship program, the department shall provide
subsidies under this program to children who are wards of the court
under section 2(b) of chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.2.
(2) The department shall make money available to children who
are receiving services from the department at the time a guardian
is appointed for the child, if the court appointing the guardian
considers it necessary to continue those services for the success
of the guardianship.
(3) The department shall report during the annual budget
presentation to the senate and house appropriations subcommittees
on the department budget the number of guardianship subsidies and
recommendations for any modifications in the subsidized
guardianship program.
Sec. 571. The department shall maintain a title IV-E
compliance and accountability office with the following goals and
responsibilities:
(a) Study efforts in other states to determine best practices
for title IV-E-related activities and measures to maximize the
receipt of federal money for eligible cases.
(b) Coordinate compliance with federal regulations in order to
receive title IV-E money.
(c) Provide necessary technical assistance to local units of
government, including courts, to ensure proper handling of cases
and paperwork in preparation for federal audits and reviews.
(d) Coordinate a program to provide private persons, groups,
and corporations with incentives to make tax-deductible
contributions intended to assist foster care families to overcome
barriers to becoming licensed and eligible to receive title IV-E
money.
(e) As part of the quarterly reports required by section 582,
provide information to the house and senate appropriations
subcommittees on the department budget on activities and progress
toward meeting the responsibilities outlined above.
Sec. 573. From the money appropriated in part 1 for adoption
support services, $1,049,400.00 is allocated to support adoption
contracts focusing on long-term permanent wards who have been wards
for more than 1 year after termination of parental rights. Private
agencies shall receive $16,000.00 for each finalized placement
under the program.
Sec. 574. (1) From the money appropriated in part 1 for foster
care payments – abuse and neglect, $2,500,000.00 is allocated to
support contracts with private, nonprofit child placing agencies to
facilitate the licensure of relative caregivers as foster parents.
Agencies shall receive $2,300.00 for each facilitated licensure.
The private nonprofit agency facilitating the licensure would
retain the placement and continue to provide case management
services for at least 50% of the newly licensed cases for which the
placement was appropriate to the agency. Up to 50% of the newly
licensed cases would have direct foster care services provided by
the department.
(2) From the money appropriated for foster care payments,
$375,000.00 is allocated to support family incentive grants to
private and community-based foster care service providers to assist
with home improvements needed by foster families to accommodate
foster children.
Sec. 575. (1) Of the funds provided for the training of human
services workers, particularly caseworkers, the department shall
use appropriated funds to begin cultural sensitivity training and
awareness with the goal of effectively reducing the number of
minority children inappropriately removed from their homes for
neglect and placed in the foster care system when more appropriate
action would include the provision of support services to the
family.
(2) Of the money appropriated to the department for family
preservation and prevention, more specific focus shall be placed on
preserving and reunifying families in counties with major urban
centers.
(3) As a condition for receiving appropriated money, the
department and the office of the friend of the court shall work in
cooperation to provide support services to families of custodial
parents who have been awarded child support from a parent who is
incarcerated.
(4) As part of the quarterly reports required by section 582,
the department shall provide a report to the house and senate
appropriations subcommittees with jurisdiction over the department
budget, the house and senate fiscal agencies, and the house and
senate policy offices on the specific cultural sensitivity training
and awareness efforts, family preservation and reunification
efforts.
Sec. 576. (1) Beginning October 1, 2007, from the funds
appropriated in part 1, the department shall reimburse a private
child placing agency for an adoption placement or finalization at
the following unit rate, as applicable, depending on the category
into which the placement falls under subsection (2):
(a) For basic and standard, $2,594.00 for a placement,
$1,733.00 for a finalization.
(b) For enhanced, $4,068.00 for a placement, $2,712.00 for a
finalization.
(c) For premium, $5,404.00 for a placement, $3,603.00 for a
finalization.
(d) For residential, $6,240.00 for a placement, $4,160.00 for
a finalization.
(e) For I-MARE, $4,368.00 for a placement, $2,912.00 for a
finalization.
(f) For MARE, $5,819.00 for a placement, $3,879.00 for a
finalization.
(g) For preplacement, $1,352.00 for basic or standard,
$2,704.00 for enhanced.
(2) The following categories shall be used to determine which
unit rate is applicable under subsection (1):
(a) The residential category shall be used for a placement
that involves a child who was being cared for in a residential
child caring institution.
(b) The MARE category shall be used for a placement other than
an interagency placement in which the private agency used the
Michigan adoption resource exchange photo-listing system.
(c) The I-MARE category shall be used for an interagency
placement in which the private agency used the Michigan adoption
resource exchange photo-listing system.
(d) A placement to which subdivisions (a) to (c) do not apply
shall be reimbursed based on the length of time between the
termination of parental rights or case referral and the placement
as follows:
(i) The premium category shall be used if the placement is
achieved less than 6 months after the termination of parental
rights, or after the case referral to the agency if the case was
referred 3 months or more after termination.
(ii) The enhanced category shall be used if the placement is
achieved 6 months or more but less than 9 months after the
termination of parental rights, or after the case referral to the
agency if the case was referred 3 months or more after termination.
(iii) The basic and standard category shall be used if the
placement is achieved 9 months or more after the termination of
parental rights, or after the case referral to the agency if the
case was referred 3 months or more after termination.
(3) The department shall not establish a payment category or
unit rate other than those in this section and shall not expend
funds appropriated in part 1 for a payment that does not fall
within a payment category or unit rate structure established in
this section.
Sec. 577. From the money appropriated in part 1, the
department may allow a community collaborative to use strong
families safe children program funds for a prevention program that
meets standards agreed upon between the community collaborative and
county department offices in accordance with federal regulations
regarding expenditure of strong families safe children program
funds.
Sec. 579. From the money appropriated in part 1 for youth in
transition, $250,000.00 shall be allotted to Wayne County to
support services provided to eligible delinquent state wards, for
whom the department is statutorily responsible, to the county's
juvenile services system.
Sec. 580. The department and the department of community
health shall initiate efforts to identify mental health programs
and activities where the services of the 2 departments overlap, or
are uncoordinated. The goal shall be to provide adequate and stable
mental health services which address the need of the individual
child without duplicative, confusing, or needlessly complex
services. The department shall report on these coordination efforts
with the department of community health during the annual budget
presentations to the senate and house appropriations subcommittees
with jurisdiction over the department budget.
Sec. 582. On the last working day of January, April, July, and
November, for the preceding fiscal quarter, the department shall
submit a comprehensive child welfare improvement report, compiling
material required by each section of this act related to child
welfare. This report will be provided to the senate and house
appropriations subcommittees on the department budget, the senate
and house standing committees on human services, the senate and
house fiscal agencies, the senate and house policy offices, and the
state budget director and will provide an overview of the status of
all initiatives the department is required to carry out by this
appropriation act and the impact of those initiatives on meeting
the benchmarks established in the federal child and family service
review process. The report may include information about other
initiatives of the department and its service delivery partners
which support improvements in safety, permanency, and well-being
for the children and families served by Michigan's child welfare
system.
Sec. 583. (1) The appropriation in part 1 for the child care
fund in-home care incentive program shall be used to encourage
counties to increase the number of children in the child welfare
and juvenile justice systems receiving in-home care services as
opposed to out-of-home placements. Funds shall cover the costs of
in-home care services that are eligible for temporary assistance
for needy families funding. To receive reimbursement under the
program, a county shall document that expenditures for in-home care
services for the fiscal year ending September 30, 2009 exceeded
those of the prior year. Each county shall receive reimbursement
from the department in an amount equal to 75% of the documented
increase in in-home care expenditures. However, if the amount of
eligible expenditures claimed by all counties exceeds the
appropriation in part 1, each county will receive a prorated share
of its documented increase in in-home care expenditures. Each
county shall provide for the remaining 25% of costs from its child
care fund.
(2) To participate in the child care fund in-home care
incentive program, a county shall submit to the department by
December 15 of each year, in a manner determined by the department,
a report outlining its proposed budget for the incentive program
for the current fiscal year and an overview of measures to be used
to monitor outcomes for youth receiving services under the program.
The department must approve a final report by the following
February 15 for the county to be eligible for program
reimbursement.
PUBLIC ASSISTANCE
Sec. 601. (1) The department may terminate a vendor payment
for shelter upon written notice from the appropriate local unit of
government that a recipient's rental unit is not in compliance with
applicable local housing codes or when the landlord is delinquent
on property tax payments. A landlord shall be considered to be in
compliance with local housing codes when the department receives
from the landlord a signed statement stating that the rental unit
is in compliance with local housing codes and that statement is not
contradicted by the recipient and the local housing authority. The
department shall terminate vendor payments if a taxing authority
notifies the department that taxes are delinquent.
(2) Whenever a client agrees to the release of his or her name
and address to the local housing authority, the department shall
request from the local housing authority information regarding
whether the housing unit for which vendoring has been requested
meets applicable local housing codes. Vendoring shall be terminated
for those units that the local authority indicates in writing do
not meet local housing codes until such time as the local authority
indicates in writing that local housing codes have been met.
(3) In order to participate in the rent vendoring programs of
the department, a landlord shall cooperate in weatherization and
conservation efforts directed by the department or by an energy
provider participating in an agreement with the department when the
landlord's property has been identified as needing services.
Sec. 603. (1) The department, as it determines is appropriate,
shall enter into agreements with energy providers by which cash
assistance recipients and the energy providers agree to permit the
department to make direct payments to the energy providers on
behalf of the recipient. The payments may include heat and electric
payment requirements from recipient grants and amounts in excess of
the payment requirements.
(2) The department shall establish caps for natural gas, wood,
electric heat service, deliverable fuel heat services, and for
electric service based on available federal funds.
(3) The department shall review and adjust the standard
utility allowance for the state food assistance program to ensure
that it reflects current energy costs in the state.
Sec. 604. (1) The department shall operate a state disability
assistance program. Except as provided in subsection (3), persons
eligible for this program shall include needy citizens of the
United States or aliens exempted from the supplemental security
income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social
security, or medical assistance due to disability or 65 years of
age or older.
(b) A person with a physical or mental impairment which meets
federal supplemental security income disability standards, except
that the minimum duration of the disability shall be 90 days.
Substance abuse alone is not defined as a basis for eligibility.
(c) A resident of an adult foster care facility, a home for
the aged, a county infirmary, or a substance abuse treatment
center.
(d) A person receiving 30-day postresidential substance abuse
treatment.
(e) A person diagnosed as having acquired immunodeficiency
syndrome.
(f) A person receiving special education services through the
local intermediate school district.
(g) A caretaker of a disabled person as defined in subdivision
(a), (b), (e), or (f) above.
(2) Applicants for and recipients of the state disability
assistance program shall be considered needy if they:
(a) Meet the same asset test as is applied to applicants for
the family independence program.
(b) Have a monthly budgetable income that is less than the
payment standards.
(3) Except for a person described in subsection (1)(c) or (d),
a person is not disabled for purposes of this section if his or her
drug addiction or alcoholism is a contributing factor material to
the determination of disability. "Material to the determination of
disability" means that, if the person stopped using drugs or
alcohol, his or her remaining physical or mental limitations would
not be disabling. If his or her remaining physical or mental
limitations would be disabling, then the drug addiction or
alcoholism is not material to the determination of disability and
the person may receive state disability assistance. Such a person
must actively participate in a substance abuse treatment program,
and the assistance must be paid to a third party or through vendor
payments. For purposes of this section, substance abuse treatment
includes receipt of inpatient or outpatient services or
participation in alcoholics anonymous or a similar program.
(4) A refugee or asylee who loses his or her eligibility for
the federal supplemental security income program by virtue of
exceeding the maximum time limit for eligibility as delineated in 8
USC 1612 and who otherwise meets the eligibility criteria under
this section shall be eligible to receive benefits under the state
disability assistance program.
Sec. 605. The level of reimbursement provided to state
disability assistance recipients in licensed adult foster care
facilities shall be the same as the prevailing supplemental
security income rate under the personal care category.
Sec. 606. County department offices shall require each
recipient of family independence program and state disability
assistance who has applied with the social security administration
for supplemental security income to sign a contract to repay any
assistance rendered through the family independence program or
state disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec. 607. The department's ability to satisfy appropriation
deductions in part 1 for state disability assistance/supplemental
security income recoveries and public assistance recoupment
revenues shall not be limited to recoveries and accruals pertaining
to state disability assistance, or family independence assistance
grant payments provided only in the current fiscal year, but shall
include all related net recoveries received during the current
fiscal year.
Sec. 608. Adult foster care facilities providing domiciliary
care or personal care to residents receiving supplemental security
income or homes for the aged serving residents receiving
supplemental security income shall not require those residents to
reimburse the home or facility for care at rates in excess of those
legislatively authorized. To the extent permitted by federal law,
adult foster care facilities and homes for the aged serving
residents receiving supplemental security income shall not be
prohibited from accepting third-party payments in addition to
supplemental security income provided that the payments are not for
food, clothing, shelter, or result in a reduction in the
recipient's supplemental security income payment.
Sec. 609. The state supplementation level under the
supplemental security income program for the personal care/adult
foster care and home for the aged categories shall not be reduced
during the fiscal year beginning October 1, 2008 and ending
September 30, 2009. The legislature shall be notified not less than
30 days before any proposed reduction in the state supplementation
level.
Sec. 610. In developing good cause criteria for the state
emergency relief program, the department shall grant exemptions if
the emergency resulted from unexpected expenses related to
maintaining or securing employment.
Sec. 611. A provider of indigent burial services may collect
additional payment from relatives or other persons on behalf of the
deceased if the total additional payment does not exceed $4,000.00.
Sec. 612. For purposes of determining housing affordability
eligibility for state emergency relief, a group is considered to
have sufficient income to meet ongoing housing expenses if their
total housing obligation does not exceed 75% of their total net
income.
Sec. 613. (1) From the money appropriated in part 1 for
indigent burial, the maximum allowable reimbursement limit for
indigent burials shall be $909.00, which shall be distributed as
follows: $579.00 for funeral directors, $192.00 for cemeteries or
crematoriums, and $138.00 for the provider of the vault.
(2) The department shall continue to work with funeral
directors to establish a regional or statewide pilot program that
allows flexibility in payments from the family of the deceased and
other resources to provide options for different funeral
arrangements and payment. The department may deviate from the
payment limits established in subsection (1) and section 611 in
making payments under the pilot program. The department shall
forward a copy of the pilot program plan to the senate and house of
representatives appropriations subcommittees with jurisdiction over
the department budget not less than 30 days before it is
implemented.
Sec. 614. The funds available in part 1 for burial services
shall be available if the deceased was an eligible recipient and an
application for emergency relief funds was made within 10 days of
the burial or cremation of the deceased person. Each provider of
burial services shall be paid directly by the department.
Sec. 615. Except as required by federal law or regulations,
funds appropriated in part 1 shall not be used to provide public
assistance to a person who is an illegal alien. This section shall
not prohibit the department from entering into contracts with food
banks, emergency shelter providers, or other human services
agencies who may, as a normal part of doing business, provide food
or emergency shelter.
Sec. 617. In operating the family independence program with
funds appropriated in part 1, the department shall not approve as a
minor parent's adult supervised household a living arrangement in
which the minor parent lives with his or her partner as the
supervising adult.
Sec. 618. The department may only reduce, terminate, or
suspend assistance provided under the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, without prior notice in 1 or more of
the following situations:
(a) The only eligible recipient has died.
(b) A recipient member of a program group or family
independence assistance group has died.
(c) A recipient child is removed from his or her family home
by court action.
(d) A recipient requests in writing that his or her assistance
be reduced, terminated, or suspended.
(e) A recipient has been approved to receive assistance in
another state.
(f) A change in either state or federal law that requires
automatic grant adjustments for classes of recipients.
(g) The only eligible recipient in the household has been
incarcerated.
(h) A recipient is no longer a Michigan resident.
(i) A recipient is closed on 1 case to be activated on
another.
(j) Federal payments (other than RSDI, railroad retirement, or
VA) to the group have begun or increased.
(k) A recipient is disqualified for intentional program
violation.
(l) When the department's negative action is upheld in an
administrative hearing.
Sec. 619. The department shall exempt from the denial of title
IV-A assistance and food assistance benefits, contained in 21 USC
862a, any individual who has been convicted of a felony that
included the possession, use, or distribution of a controlled
substance, after August 22, 1996, provided that the individual is
not in violation of his or her probation or parole requirements.
Benefits shall be provided to such individuals as follows:
(a) A third-party payee or vendor shall be required for any
cash benefits provided.
(b) An authorized representative shall be required for food
assistance receipt.
Sec. 620. The department with the approval of the state budget
director is authorized to increase federal spending authority for
food assistance program benefits if projected caseload spending
will exceed the spending authority in part 1. This authorization
adjustment shall be made 15 days after notifying the chairs of the
house and senate appropriations subcommittees on the department
budget and house and senate fiscal agencies.
Sec. 621. Funds appropriated in part 1 may be used to support
multicultural assimilation and support services. The department
shall distribute all of the funds described in this section based
on assessed community needs.
Sec. 627. From the funds appropriated in part 1 for the ECIC,
the department shall contract for the creation and support of
great start communities. Great start collaborative grants will be
awarded by competitive bid process to eligible intermediate
districts in an amount to be determined by the ECIC. The ECIC shall
provide technical assistance to great start communities through
intermediate school districts or other community agencies for the
implementation of their great start community needs assessment and
strategic plan.
Sec. 631. The department shall maintain policies and
procedures to achieve all of the following:
(a) The identification of individuals on entry into the system
who have a history of domestic violence, while maintaining the
confidentiality of that information.
(b) Referral of persons so identified to counseling and
supportive services.
(c) In accordance with a determination of good cause, the
waiving of certain requirements of family independence programs
where compliance with those requirements would make it more
difficult for the individual to escape domestic violence or would
unfairly penalize individuals who have been victims of domestic
violence or who are at risk of further domestic violence.
Sec. 635. Within 24 hours of receiving all information
necessary to process an application for payments for child day
care, the department shall determine whether the child day care
provider to whom the payments, if approved, would be made, is
listed on the child abuse and neglect central registry. If the
provider is listed on the central registry, the department shall
immediately send written notice denying the applicant's request for
child day care payments.
Sec. 640. (1) From the funds appropriated in part 1 for day
care services, the department may continue to provide infant and
toddler incentive payments to child day care providers serving
children from 0 to 2-1/2 years of age who meet licensing or
training requirements.
(2) The use of the funds under this section should not be
considered an ongoing commitment of funding.
Sec. 643. As a condition of receipt of federal TANF funds,
homeless shelters and human services agencies shall collaborate
with the department to obtain necessary TANF eligibility
information on families as soon as possible after admitting a
family to the homeless shelter. From the funds appropriated in part
1 for homeless programs, the department is authorized to make
allocations of TANF funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. Homeless shelters or human
services agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements will not receive reimbursements which exceed the per
diem amount they received in fiscal year 2000. The use of TANF
funds under this section should not be considered an ongoing
commitment of funding.
Sec. 645. An individual or family is considered homeless, for
purposes of eligibility for state emergency relief, if living
temporarily with others in order to escape domestic violence. For
purposes of this section, domestic violence is defined and verified
in the same manner as in the department's policies on good cause
for not cooperating with child support and paternity requirements.
Sec. 653. From the funds appropriated in part 1 for food
assistance, an individual who is the victim of domestic violence
and does not qualify for any other exemption may be exempt from the
3-month in 36-month limit on receiving food assistance under 7 USC
2015. This exemption can be extended an additional 3 months upon
demonstration of continuing need.
Sec. 657. (1) The department shall fund a statewide before- or
after-school program to provide youth with a safe, engaging
environment to motivate and inspire learning outside the
traditional classroom setting. Before- or after-school program
eligibility is limited to geographic areas near school buildings
that do not meet federal no child left behind annual yearly
progress (AYP) requirements and that include the before- or after-
school programs in the AYP plans as a means to improve outcomes.
Before-school programs are limited to elementary school-aged
children. Effective before- or after-school programs combine
academic, enrichment, and recreation activities to guide learning
and inspire children and youth in various activities. The before-
or after-school programs can meet the needs of the communities
served by the programs.
(2) The department shall work in collaboration with
independent contractors to put into practice a program establishing
quality before- or after-school programs for children in
kindergarten to ninth grades. In order for an independent
contractor to receive TANF funds, a child served must be a member
of a family with an income that does not exceed 200% of the federal
poverty guidelines published by the United States department of
health and human services.
(3) The department shall, through a competitive bid process,
provide grants or contracts up to $5,000,000.00 in TANF funds for
the program based on community needs. A county shall receive no
more than 20% of the funds appropriated in part 1 for this program.
From the funds appropriated in part 1 for before- or after-school
programs within day care services, the department is authorized to
make allocations of funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF
and maintenance of effort eligibility reporting requirements. The
use of funds under this section should not be considered an ongoing
commitment of funding.
(4) The before- or after-school programs shall include
academic assistance, including assistance with reading and writing,
and at least 3 of the following topics:
(a) Abstinence-based pregnancy prevention.
(b) Chemical abuse and dependency including nonmedical
services.
(c) Gang violence prevention.
(d) Preparation toward future self-sufficiency.
(e) Leadership development.
(f) Case management or mentoring.
(g) Parental involvement.
(h) Anger management.
(5) The department may enter into grants or contracts with
independent contractors including, but not limited to, faith-based
organizations, boys or girls clubs, schools, or nonprofit
organizations. The department shall grant priority in funding
independent contractors who secure at least 25% in matching funds.
The matching funds may either be fulfilled through local, state, or
federal funds, and/or through in-kind or other donations.
(6) A referral to a program may be made by, but is not limited
to, any of the following: a teacher, counselor, parent, police
officer, judge, or social worker.
Sec. 660. From the funds appropriated in part 1 for food bank
funding, the department is authorized to make allocations of TANF
funds only to the agencies that report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements. The agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements will not receive allocations in excess of those
received in fiscal year 2000. The use of TANF funds under this
section should not be considered an ongoing commitment of funding.
Sec. 665. The department shall partner with the department of
transportation and may partner with other entities to use TANF and
other sources of available funding to support public transportation
needs of TANF-eligible individuals. This partnership shall place a
priority on transportation needs for employment or seeking
employment or medical or health-related transportation.
Sec. 666. The department shall continue efforts to increase
the participation of eligible family independence program
recipients in the federal earned income tax credit.
Sec. 668. (1) In coordination with the Michigan alliance of
boys and girls clubs, the department shall expend $250,000.00 to
make allocations for a statewide collaborative project to develop a
community-based program available to children ages 6 to 15.
(2) The department shall make allocations of TANF funds under
this section only to agencies that report necessary data to the
department for the purpose of meeting the TANF eligibility
reporting requirements. The use of TANF funds under this section
should not be considered an ongoing commitment.
(3) The department shall grant priority in funding to programs
that provide at least 10% in matching funds. The matching funds
requirement shall be fulfilled through any combination of local,
state, or federal funds or in-kind or other donations. A program
that cannot meet the matching requirement shall not be excluded
from applying for a contract.
Sec. 669. (1) The department shall distribute cash and food
assistance to recipients electronically by using debit cards.
(2) The department shall allocate up to $14,151,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children as defined by the department.
Sec. 673. The department shall immediately send notification
to a client participating in the state child day care program and
his or her child day care provider if the client's eligibility is
reduced or eliminated.
Sec. 674. The department shall develop and implement a plan to
reduce waste, fraud, and abuse within the child day care program.
Beginning December 31, 2008, the department shall report annually
to the senate and house appropriations subcommittees for the
department budget, the senate and house fiscal agencies and policy
offices, and the state budget director on plan details and
implementation status.
Sec. 675. The department shall continue to explore policy
options and the potential costs of implementing a child day care
rate structure that more accurately reflects the market cost of
care by vicinity.
Sec. 676. (1) The department shall collaborate with the state
board of education to extend the duration of the Michigan after-
school partnership and oversee its efforts to implement the policy
recommendations and strategic next steps identified in the Michigan
after-school initiative's report of December 15, 2003.
(2) From the funds appropriated in part 1, $25,000.00 shall be
used to support the Michigan after-school partnership and to
leverage other private and public funding to engage the public and
private sectors in building and sustaining high-quality out-of-
school-time programs and resources. The co-chairs shall name a
fiduciary agent and may authorize the fiduciary to expend funds and
hire people to accomplish the work of the Michigan after-school
partnership.
(3) Each year, on or before December 31, the Michigan after-
school partnership shall report its progress in reaching the
recommendations set forth in the Michigan after-school initiative's
report to the senate and house committees on appropriations, the
senate and house fiscal agencies and policy offices, and the state
budget director.
Sec. 677. The department shall establish a state goal for the
percentage of family independence program (FIP) cases involved in
employment activities. The percentage established shall not be less
than 50%. Within 90 days after the end of each quarter, the
department shall report to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget director on the
current percentage of FIP cases involved in employment activities
and the current percentage of JET pilot program cases involved in
employment activities. If the FIP case percentage is below the goal
for more than 2 consecutive quarters, the department shall develop
a plan to increase the percentage of FIP cases involved in
employment-related activities. The department shall deliver the
plan during the next annual budget presentation to the senate and
house appropriations subcommittees on the department budget.
Sec. 678. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on the activities of the early childhood
investment corporation (ECIC). The report is due by February 1 of
each year and shall contain at least the following information:
(a) Detail of the amounts of grants awarded.
(b) The grant recipients.
(c) The activities funded by each grant.
(d) An analysis of each grant recipient's success in
addressing the development of a comprehensive system of early
childhood services and supports.
(2) All contracts for comprehensive systems planning shall be
bid out through a statewide request-for-proposal process, and the
department shall send a report to the house and senate
appropriations subcommittees on the department budget covering the
selection criteria for establishing contracts at least 30 days
before the issuance of any request for proposals.
Sec. 681. From the money appropriated in part 1, the
department shall expend $600,000.00 to revise the distribution of
food assistance benefits to implement a food assistance payment
schedule that provides 2 payments to recipients each month. The
department shall work in collaboration with grocers, distributors,
and merchants on effective education of food assistance recipients
to ensure adequate notice of changes in the food assistance
benefits distribution. The department shall update the senate and
house appropriations subcommittees on the department budget and
standing committees for human services on the progress and issues
raised by this change in distribution.
Sec. 682. The department shall notify the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the house and senate policy staffs
regarding the JET program savings for the fiscal year ending
September 30, 2008 and the details on the proposed use of that
money.
Sec. 683. (1) From the funds appropriated in part 1 for SSI
advocacy, $1,275,000.00 shall be paid to the Michigan state bar
foundation for SSI advocacy services provided by the legal services
association of Michigan. A payment of $400.00 shall be made for
each case referred to the legal services association of Michigan,
with a final payment of $250.00 on case completion.
(2) The department shall not provide payment to the legal
services association of Michigan for assisting a recipient to
submit a frivolous appeal or application or for assisting a
recipient who has submitted multiple applications that have been
denied regarding the same disability, unless the legal services
association of Michigan determines that there is a valid reason to
pursue an appeal.
Sec. 685. (1) Not later than March 1, 2009, the department
shall report to the senate and house appropriations subcommittees
with jurisdiction over the department budget, and to the senate and
house appropriations subcommittees with jurisdiction over the
department of community health budget, on the number of recipients
that applied for Medicaid coverage, the number of recipients that
were approved for Medicaid coverage, and the number of recipients
that were denied Medicaid coverage. The report shall describe these
statistics for the fiscal year ending September 30, 2009 and
summarize department programs to assist persons in applying for
Medicaid.
(2) Not later than March 1, 2009, the department shall report
to the senate and house appropriations subcommittees with
jurisdiction over the department budget, and to the senate and
house subcommittees with jurisdiction over the department of
community health budget, on the number of applicants for home help
services. The department shall give a summary report on the number
of approved applications, denied applications, pending
applications, and the number of applications in which the applicant
was eligible for nursing home services.
Sec. 686. The department shall ensure that a hearing decision
involving a medical, cash, food, or emergency assistance program is
posted on the department's public internet site. Any private,
personal information contained in a decision shall be redacted as
required by law.
Sec. 687. The department shall convene a committee, including
representatives from the child care licensing division, the
department of education, the Michigan food policy council, and
advocates for low-income families, to identify barriers impeding
greater participation in the child and adult care food program for
at-risk school children. The committee shall identify strategies
used by other states to address these barriers, and propose a plan
for maximizing the use of these federal funds. The committee's
recommendations and plan shall be submitted to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, the house and senate policy offices,
and the state budget director by January 15, 2009.
Sec. 688. The department shall examine and report on the
incidence of reported barriers among families terminated from the
family independence program because of noncompliance with work-
related requirements. The report shall be submitted to the house
and senate appropriations subcommittees on the department budget,
the house and senate fiscal agencies, the house and senate policy
offices, and the state budget director by April 1, 2009.
Sec. 689. (1) From the money appropriated in part 1 for day
care services, $20,000,000.00 shall be expended to provide an
increase in the maximum state reimbursement rates paid to child
care providers who serve eligible clients. Up to $1,700,000.00 of
this allocation may be used for child care program administration.
Remaining funding shall be used so that child care centers, child
care group homes, child care family homes, relative care providers,
and day care aides all receive an increase in their respective
rates.
(2) From the money appropriated in part 1 for day care
services, $4,900,000.00 shall be expended to provide an increase in
the maximum state reimbursement rates paid to child care centers,
child care group homes, and child care family homes that are
licensed or registered with the department.
(3) From the money appropriated in part 1 for child care
services, $700,000.00 shall be expended to provide 1-time $400.00
incentive payments to child care aides or child care relative
providers that complete the 10-hour child care training program
offered by the department and the early childhood investment
corporation. In distributing the incentive payment, the department
shall pay the first $200.00 to each qualified provider upon
completion of the training program. The department shall pay the
final $200.00 to each qualified provider 6 months following the
completion of the training program, only if the child care provider
has provided continuous child care services as a child care aide or
child care relative provider during the full 6-month interval
following the training.
(4) From the money appropriated in part 1 for day care
training, technology, and oversight, $2,260,500.00 shall be
expended for child care home readiness, the training of child care
providers, child care licensing, and departmental oversight of
child care providers.
(5) By September 30, 2009, the department shall provide a
report to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, the house
and senate policy offices, and the state budget director on the
details of the rate increases provided under subsections (1) and
(2) for each category of child care provider and the number of
child care providers that qualified for the $400.00 incentive
payment under subsection (3).
Sec. 690. As a condition for receiving the money appropriated
in part 1, child care centers, child care group homes, and child
care family homes that are licensed or registered with the
department shall report to the department on a quarterly basis on
the number of vacancies they have with regard to children in their
care. Vacancy information may be reported more frequently to the
department on a voluntary basis.
Sec. 691. The department may choose not to distribute public
assistance or subsidies to the parent or parents of school-age
children if that parent or those parents have not signed a parent,
student, teacher compact outlining the role of each party in the
educational success of the student as required by the federal no
child left behind act of 2001, Public Law 107-110.
JUVENILE JUSTICE SERVICES
Sec. 702. Expansion of facilities funded under part 1 for
juvenile justice services shall not be authorized by the joint
capital outlay subcommittee of the appropriations committees until
the department has held a public hearing in the community where the
facility proposed to be expanded is located.
Sec. 705. (1) The department, in conjunction with private
juvenile justice residential programs, shall develop a methodology
for measuring goals, objectives, and performance standards for the
delivery of juvenile justice residential programs based on national
standards and best practices. These goals, objectives, and
performance standards shall apply to both public and private
delivery of juvenile justice residential programs, and data shall
be collected from both private and public juvenile justice
residential programs that can be used to evaluate performance
achievements, including, but not limited to, the following:
(a) Admission and release data and other information related
to demographics of population served.
(b) Program descriptions and information related to treatment,
educational services, and conditions of confinement.
(c) Program outcomes including recidivism rates for youth
served by the facility.
(d) Trends in census and population demographics.
(e) Staff and resident safety.
(f) Facility profile.
(g) Fiscal information necessary for qualitative understanding
of program operations and comparative costs of public and private
facilities.
(2) The department during the annual budget presentation shall
outline the progress of the development of the goals, objectives,
and performance standards, as well as the information collected
through the implementation of the performance measurement program.
The presentation shall include all of the following:
(a) Actual cost and actual days of care by facility for the
most recently completed fiscal year.
(b) Actual cost per day per youth by facility for the most
recently completed fiscal year.
(c) An analysis of the variance between the estimated cost and
days of care assumed in the original appropriation and the figures
in subdivisions (a) and (b).
(d) Both the number of authorized FTE positions for each
facility and the number of actual on-board FTE positions for the
most recently completed fiscal year.
Sec. 706. Counties shall be subject to 50% charge-back for the
use of alternative regional detention services, if those detention
services do not fall under the basic provision of section 117e of
the social welfare act, 1939 PA 280, MCL 400.117e, or if a county
operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 707. In order to be reimbursed for child care fund
expenditures, counties are required to submit department-developed
reports to enable the department to document potential federally
claimable expenditures. This requirement is in accordance with the
reporting requirements specified in section 117a(7) of the social
welfare act, 1939 PA 280, MCL 400.117a.
Sec. 708. As a condition of receiving money appropriated in
part 1 for the child care fund line item, by February 15, 2009,
counties shall have an approved service spending plan for the
fiscal year ending September 30, 2009. Counties must submit the
service spending plan to the department by December 15, 2008 for
approval.
Sec. 714. (1) The department shall provide technical
assistance for counties to develop information networks including,
but not limited to, serious habitual offenders comprehensive action
program (SHOCAP), juvenile justice on-line technology (JJOLT), and
juvenile violent reporting system (JVRS).
(2) The department shall assist counties in identifying
funding sources for the networks, including, but not limited to,
the child care fund and the juvenile accountability incentive block
grant.
(3) The local units of government shall report to the
department on expenditures of their juvenile justice information
networks in concert with their requests for reimbursement from the
child care fund.
Sec. 715. The department shall report to the senate and house
appropriations subcommittees for the department budget, the senate
and house fiscal agencies and policy offices, and the state budget
director by October 30, 2008 on the status of implementing
recommendations of the 2001 joint house and senate task force on
juvenile justice, including, but not limited to, the following:
(a) Mentoring programs that focus on improving communication
and collaboration, encourage quality mentoring programs,
recruitment of mentors, and increasing public awareness of and
participation in programs for at-risk youth.
(b) Discussion of programs relating to juvenile information
networks as an Internet-based communication tool that assists with
case management of juvenile offenders in the area.
Sec. 719. The department shall notify the legislature at least
30 days before closing or making any change in the status,
including the licensed bed capacity and operating bed capacity, of
a state juvenile justice facility.
Sec. 720. (1) The department shall take into consideration the
recommendations on a methodology for measuring goals, objectives,
and performance standards developed in conjunction with private
providers of juvenile justice residential programs required in
section 705 of 2004 PA 344.
(2) The department shall allocate money to public and private
providers of high security juvenile services based on their ability
to demonstrate results in all of the following:
(a) Lower recidivism rates.
(b) Higher school completion rates or GED completion rates.
(c) Shorter average stays in a residential facility.
(d) Lower average actual cost per resident.
(e) Availability of appropriate services to residents.
(3) The department shall comply with section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o, regarding placement
of juvenile offenders, and shall refer to that statutory
requirement in making referral recommendations to courts for secure
residential programs.
Sec. 721. (1) The department shall take into consideration the
recommendations on a methodology for measuring goals, objectives,
and performance standards developed in conjunction with private
providers of juvenile justice residential programs required in
section 705 of 2004 PA 344.
(2) The department shall allocate money to public and private
providers of medium security juvenile services based on their
ability to demonstrate results in all of the following:
(a) Lower recidivism rates.
(b) Higher school completion rates or GED completion rates.
(c) Shorter average stays in a residential facility.
(d) Lower average actual cost per resident.
(e) Availability of appropriate services to residents.
(3) The department shall comply with section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o, regarding the
placement of juvenile offenders, and shall refer to that statutory
requirement in making referral recommendations to courts for
residential treatment programs.
(4) The department shall report to the house and senate
appropriations subcommittees on the department budget by October 1,
2008 on the transfer of medium security services equivalent to 80
beds at the W.J. Maxey boys training school and shall report on the
placement of juvenile offenders who need those services in
community-based or privately operated facilities.
Sec. 722. The department shall allocate money to public and
private providers of juvenile justice day programs based on their
ability to demonstrate results in all of the following:
(a) Lower recidivism rates.
(b) Higher school completion rates or GED completion rates.
(c) Shorter average stays in a residential facility.
(d) Lower average actual cost per resident.
(e) Availability of appropriate services to residents.
Sec. 723. A private provider of juvenile services may receive
funding for services of different security levels if the provider
has appropriate services for each security level and adequate
measures to physically separate residents of each security level.
Sec. 726. (1) Beginning October 1, 2007, from the money
appropriated in part 1 for foster care payments and child care
fund, the department shall not enter into or maintain a contract
with a for-profit provider of residential services for juvenile
justice and abused or neglected youth, or with a nonprofit provider
of residential services for juvenile justice and abused or
neglected youth that uses a for-profit management group or
contracts with a for-profit organization for its management, unless
the provider was licensed on or before August 1, 2007 and, if the
provider is a nonprofit provider of residential services for
juvenile justice and abused or neglected youth that uses a for-
profit management group or contracts with a for-profit organization
for its management, the contract between the provider and the for-
profit group or organization existed prior to August 1, 2007.
(2) A provider shall not receive a daily rate below $130.00.
Sec. 727. (1) The legislature shall determine the cost of care
for public juvenile justice facilities by dividing the amount
obtained under subdivision (a) by the number of days determined
under subdivision (b):
(a) Add the initial appropriation for the facilities to an
allocation from the appropriation for juvenile justice field staff,
administration, and maintenance, and subtract amounts for
applicable federal meal reimbursements.
(b) The projected days of care as determined by the
legislature in consultation with the department.
(2) Total per diem and chargeback rates determined under
subsection (1) are effective January 1 in the fiscal year of the
initial appropriation. The following rates are in effect through
December 31, 2008:
(a) High security juvenile services, Maxey: per diem rate of
$562.83; chargeback rate of $281.42.
(b) Medium security juvenile services, Adrian: per diem rate
of $520.79; chargeback rate of $260.40.
(c) Medium security juvenile services, Bay Pines: per diem
rate of $327.02; chargeback rate of $163.51.
(d) Medium security juvenile services, Nokomis: per diem rate
of $350.77; chargeback rate of $175.39.
(e) Medium security juvenile services, Shawono: per diem rate
of $352.67; chargeback rate of $176.34.
(f) Juvenile justice day programs: per diem rate of $281.36;
chargeback rate of $140.68.
Sec. 728. It is the intent of the legislature that the
department and the department of corrections examine the potential
of entering into an intergovernmental agreement to place 140
children in the west wing of the Woodland center and in the
Sequoyah center on the campus of the W.J. Maxey training school.
The facilities shall be used to house children currently committed
to the department of corrections.
Sec. 729. (1) From the funds appropriated in part 1 for a
behavioral health study of juvenile justice facilities operated or
contracted for by the state, the department shall contract with a
state university to conduct diagnostic clinical interviews with and
records reviews for a representative random sample of juvenile
justice system detainees to develop a report on each of the
following:
(a) The proportion of juvenile justice detainees with a
primary diagnosis of emotional disorder, the percentage of those
detainees considered to currently require mental health treatment,
and the proportion of those detainees currently receiving mental
health services, including a description and breakdown,
encompassing, at a minimum, the categories of inpatient,
residential, and outpatient care, of the type of mental health
services provided to those detainees.
(b) The proportion of juvenile justice detainees with a
primary diagnosis of addiction disorder, the percentage of those
detainees considered to currently require substance abuse
treatment, and the proportion of those detainees currently
receiving substance abuse service, including a description and
breakdown, encompassing, at a minimum, the categories of
residential and outpatient care, of the type of substance abuse
services provided to those detainees.
(c) The proportion of juvenile justice detainees with a dual
diagnosis of emotional disorder and addiction disorder, the
percentage of those detainees considered to currently require
treatment for their condition, and the proportion of those
detainees currently receiving that treatment, including a
description and breakdown, encompassing, at a minimum, the
categories of mental health inpatient, mental health residential,
mental health outpatient, substance abuse residential, and
substance abuse outpatient, of the type of treatment provided to
those detainees.
(d) Data indicating whether juvenile justice detainees with a
primary diagnosis of emotional disorder, a primary diagnosis of
addiction disorder, and a dual diagnosis of emotional disorder and
addiction disorder were previously hospitalized in a state
psychiatric hospital for persons with mental illness. This data
shall be broken down according to each of these 3 respective
categories.
(e) Data indicating whether and with what frequency juvenile
justice detainees with a primary diagnosis of emotional disorder, a
primary diagnosis of addiction disorder, and a dual diagnosis of
emotional disorder and addiction disorder have been detained
previously. This data shall be broken down according to each of
these 3 respective categories.
(f) Data classifying the types of offenses historically
committed by juvenile justice detainees with a primary diagnosis of
emotional disorder, a primary diagnosis of addiction disorder, and
a dual diagnosis of emotional disorder and addiction disorder. This
data shall be broken down according to each of these 3 respective
categories.
(g) Data indicating whether juvenile justice detainees have
previously received services managed by a community mental health
program or substance abuse coordinating agency. This data shall be
broken down according to the respective categories of detainees
with a primary diagnosis of emotional disorder, a primary diagnosis
of addiction disorder, and a dual diagnosis of emotional disorder
and addiction disorder.
(2) The report required under subsection (1) shall be provided
no later than June 30, 2009 to the house and senate appropriations
subcommittees on human services, the house and senate fiscal
agencies, and the state budget director.
Sec. 730. The department shall review and may adjust daily per
diem rates to private providers of juvenile justice services in
recognition of added complex services.
Sec. 731. The department shall conduct a review of the
security level structure currently used to classify youth served
within the juvenile justice system and shall make recommendations
for changes to the current structure to ensure that all youth in
the system are provided services in the most appropriate setting
for their needs. The department shall report to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy
offices, and the state budget director by March 1, 2009 on the
findings of this review. The report shall also include information
on the capacity of public juvenile justice facilities and of
private residential providers of juvenile justice services at each
new security level as compared to the number of youth needing
services at each new security level.
LOCAL OFFICE SERVICES
Sec. 750. The department shall maintain out-stationed
eligibility specialists in community-based organizations and
hospitals.
Sec. 751. (1) From the funds appropriated in part 1, the
department shall implement school-based family resource centers
based on the following guidelines:
(a) The center is supported by the local school district.
(b) The programs and information provided at the center do not
conflict with sections 1169, 1507, and 1507b of the revised school
code, 1976 PA 451, MCL 380.1169, 380.1507, and 380.1507b.
(c) Notwithstanding subdivision (b), the center shall provide
information regarding crisis pregnancy centers or adoption service
providers in the area.
(2) The department shall notify the senate and house
subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget office of family
resource center expansion efforts and shall provide all of the
following at the beginning of the selection process or no later
than 5 days after eligible schools receive opportunity
notification:
(a) A list of eligible schools.
(b) The selection criteria to be used.
(c) The projected number to be opened.
(d) The financial implications for expansion, including
funding sources.
Sec. 753. The department shall implement the recommendations
of the 2004 public private partnership initiative's training
committee to define, design, and implement a train-the-trainer
program to certify private agency staff to deliver child welfare
staff training, explore the use of e-learning technologies, and
include consumers in the design and implementation of training. The
intent of the legislature is to reduce training and travel costs
for both the department and the private agencies. The department
shall report no later than December 1, 2008 on each specific policy
change made to implement enacted legislation and the plans to
implement the recommendations, including timelines, to the senate
and house appropriations subcommittees on the department budget,
the senate and house standing committees on human services matters,
the senate and house fiscal agencies and policy offices, and the
state budget director.
Sec. 754. The department shall allow private nationally
accredited foster care and adoption agencies to conduct their own
staff training, based on current department policies and
procedures, provided that the agency trainer and training materials
are accredited by the department, and that the agency documents to
the department that the training was provided. The department shall
provide access to any training materials requested by the private
agencies to facilitate this training.
Sec. 755. From the money appropriated in part 1, $8,154,100.00
shall be expended to add up to 200 FTE title IV-E eligibility
specialist positions. Employees filling these positions shall be
assigned to local county offices and shall serve as specialists in
determining title IV-E eligibility for child welfare cases with the
goal of increasing the number of title IV-E eligible cases
statewide. These positions shall be classified as services
specialists within the state classified civil service system.
DISABILITY DETERMINATION SERVICES
Sec. 801. The department disability determination services in
agreement with the department of management and budget office of
retirement systems will develop the medical information and make
recommendations for medical disability retirement for state
employees, state police, judges, and schoolteachers.
CHILD SUPPORT ENFORCEMENT
Sec. 901. (1) The appropriations in part 1 assume a total
federal child support incentive payment of $26,500,000.00.
(2) From the federal money received for child support
incentive payments, $12,000,000.00 shall be retained by the state
and expended for child support program expenses.
(3) From the federal money received for child support
incentive payments, $14,500,000.00 shall be paid to the counties
based on each county's performance level for each of the federal
performance measures as established in the code of federal
regulations, CFR 45.305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00, then 100% of
the excess shall be retained by the state and is appropriated until
the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive payment to the state from
the federal government is greater than the amount needed to satisfy
the provisions identified in subsections (1), (2), (3), and (4),
the additional funds shall be subject to appropriation by the
legislature.
(6) If the child support incentive payment to the state from
the federal government is less than $26,500,000.00, then the state
and county share shall each be reduced by 50% of the shortfall.
(7) From the state funds appropriated in part 1 for child
support enforcement, not less than $9,570,000.00 shall be paid to
counties for use as the local/state match for federal title IV-D
services provided by the friend of the court and prosecuting
attorney. The money is to be used to offset the net effect of the
federal deficit reduction act that prohibits the use of federal
performance incentive funds paid to the state as local/state match
funds.
Sec. 902. (1) The department shall continue its work to fix
and improve the child support computer system using the funding
carried forward from prior fiscal years.
(2) The department shall consult with the department of
treasury and any outside consultant with collections expertise
under contract with the department of treasury to develop a plan to
maximize the collection of child support and child support
arrearage settlement for the purposes of this section.
(3) The department, through the child support leadership
group, shall provide semiannual reports to the legislature
concerning money expended and improvements made as a result of this
section.
Sec. 903. The department may facilitate with the department of
community health a program under which the departments
independently or jointly contract with local friend of the court
offices to update and maintain the child support statewide database
with health insurance information in cases in which the court has
ordered a party to the case to maintain health insurance coverage
for the minor child or children involved in the case and to assist
in the recovery of money paid by the state for health care costs
that are otherwise recoverable from a party to the case. The
program shall be in addition to a program or programs under
existing contract between either or both of the departments with a
private entity on September 1, 2005. The program shall be entirely
funded with state and federal funds from money first recovered or
through costs that are avoided by charging the insurance coverage
for minor children from state programs to private insurance.
Sec. 905. Of the funds appropriated in part 1 for child
support collections, $500,000.00 shall be allocated to counties for
the local match for friend of the court services legal support
contracts and to payments to county prosecutors for related legal
services.
Sec. 906. From the funds appropriated in part 1 for legal
support contracts, $500,000.00 shall be allocated and paid pursuant
to section 18a of the social welfare act, 1939 PA 280, MCL 400.18a.
Sec. 907. The office of child support in cooperation with the
state court administrative office shall establish a pilot program
to examine the effectiveness of contracting with a public or
private collection agency as authorized under section 10 of the
office of child support act, 1971 PA 174, MCL 400.240. The pilot
program shall be implemented during fiscal year 2007-2008. Any
restricted revenue collected pursuant to this section shall not be
expended until the department and representatives from counties and
the friends of the court meet and agree upon recommendations for
use of the revenue. The revenue is subject to appropriation by the
legislature.
Sec. 908. From the money appropriated in part 1 for child
support enforcement operations, $500,000.00 shall be expended on a
contract aimed at collecting child support arrearages. Cases shall
be assigned to a contractor with the goal that at least 15% of
collected arrearages be owed to this state on behalf of current or
former TANF recipients. The contractor shall be allowed to retain
up to 15% of arrearages collected as a fee for services. By
September 30, 2009, the department shall report to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy
offices on the following contract results:
(a) Number of cases assigned to the contractor.
(b) Number of cases in which the contractor successfully
collected on arrearages.
(c) Total arrearages collected.
(d) Total arrearages collected that were owed to this state as
reimbursement for public assistance.
(e) Total amount retained by the contractor.
Sec. 910. If title IV-D-related child support collections are
escheated, the state budget director is authorized to adjust the
sources of financing for the funds appropriated in part 1 for legal
support contracts to reduce federal authorization by 66% of the
escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is
required to offset the loss of federal revenue due to the escheated
amount being counted as title IV-D program income in accordance
with federal regulations at 45 CFR 304.50.
Sec. 911. The department will implement a $25.00 annual fee
pursuant to title IV-D, 42 USC 654(6)(B). The fee shall be deducted
from support collected on behalf of the individual. Fee revenues
shall be used to administer and operate the child support program
under title IV-D.
OFFICE OF CHILDREN AND ADULT LICENSING
Sec. 1005. The department shall implement a performance-based
licensing model that will assure compliance with department policy
and statutory mandates. This model will prioritize licensing
activities based on risk to the vulnerable children and adults
residing in or receiving services from licensees.
Sec. 1006. The department shall assess fees in the licensing
and regulation of child care organizations as defined in 1973 PA
116, MCL 722.111 to 722.128, and adult foster care facilities as
defined in the adult foster care facility licensing act, 1979 PA
218, MCL 400.701 to 400.737. Fees collected by the department shall
be used exclusively for the purpose of licensing and regulating
child care organizations and adult foster care facilities.
Sec. 1007. The department shall furnish the clerk of the
house, the secretary of the senate, the senate and house fiscal
agencies and policy offices, the state budget office, and all
members of the house and senate appropriations committees with a
summary of any evaluation reports and subsequent approvals or
disapprovals of juvenile residential facilities operated by the
department, as required by section 6 of 1973 PA 116, MCL 722.116.
If no evaluations are conducted during the fiscal year, the
department shall notify the fiscal agencies and all members of the
appropriate subcommittees of the house and senate appropriations
committees.
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 1101. Not later than September 30 of each year, the
department shall submit for public hearing to the chairpersons of
the house and senate appropriations subcommittees dealing with
appropriations for the department budget the proposed use and
distribution plan for community services block grant funds
appropriated in part 1 for the succeeding fiscal year.
Sec. 1102. The department shall develop a plan based on
recommendations from the department of civil rights and from Native
American organizations to assure that the community services block
grant funds are equitably distributed. The plan must be developed
by October 31, 2008, and the plan shall be delivered to the
appropriations subcommittees on the department budget in the senate
and house, the senate and house fiscal agencies, and the state
budget director.
Sec. 1103. The appropriation in part 1 for the weatherization
program shall be expended so that at least 25% of the households
weatherized under the program shall be households of families
receiving 1 or more of the following:
(a) Family independence program assistance.
(b) State disability assistance.
(c) Food assistance.
(d) Supplemental security income.
Sec. 1104. (1) Of the funds appropriated in part 1 for
community services block grants, $2,350,000.00 represents TANF
funding earmarked for community action agencies.
(2) In addition to the money referred to in subsection (1),
the department shall award up to $500,000.00 to community action
agencies for education and outreach with the earned income tax
credit (EITC). Emphasis shall be on clients who have never filed
for the EITC, clients with children, and clients for whom receipt
of the EITC will make it easier for them to move off public
assistance.
(3) In addition to the money referred to in subsection (1),
the department shall award up to $250,000.00 in competitive grants
to organizations that seek to provide programs combining education
on the EITC with programs building skills for strong marriages,
fatherhood, or parenting.