HOUSE BILL No. 5836

 

February 28, 2008, Introduced by Reps. Spade, Byrnes, Polidori, Meadows, Stahl, Brown, Cushingberry, Bieda, Sheltrown and Melton and referred to the Committee on Oversight and Investigations.

 

     A bill to amend 1974 PA 150, entitled

 

"Youth rehabilitation services act,"

 

by amending section 5 (MCL 803.305), as amended by 1998 PA 517.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) Except as provided in subsection (3), the county

 

from which the public ward is committed is liable to the state for

 

50% of the cost of his or her care, but this amount may be reduced

 

by the use of funds from the annual original foster care grant of

 

the state to the county, or otherwise, for any period in respect to

 

which the department has made a finding that the county is unable

 

to bear 50% of the cost of care. If the department reduces a

 

county's liability under this section, the director shall inform

 

the respective chairpersons of the appropriations committees of the


 

senate and house of representatives at least 14 days before

 

granting the reduction. The county of residence of the public ward

 

is liable to the state, rather than the county from which the youth

 

was committed, if the juvenile division of the probate court or the

 

family division of circuit court of the county of residence

 

withheld consent to a transfer of proceedings under section 2 of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2,

 

as determined by the department. The finding that the county is

 

unable to bear 50% of the expense shall be based on a study of the

 

financial resources and necessary expenditures of the county made

 

by the department.

 

     (2) The department shall determine the cost of care on a per

 

diem basis using the initial annual allotment of appropriations for

 

the current fiscal year exclusive of capital outlay and the

 

projected occupancy figures upon which that allotment was based.

 

That cost of care applies in determining required reimbursement to

 

the state for care provided during the calendar year immediately

 

following the beginning of the current fiscal year for which the

 

state expenditures were allotted.

 

     (3) A county that is a county juvenile agency is liable for

 

the entire cost of a public ward's care while he or she is

 

committed to the county juvenile agency.

 

     (4) If a public ward is placed in a public or private child

 

placing agency, child caring institution, or out-of-state facility,

 

that is not accredited through either the joint commission on

 

accreditation of hospitals, the council on accreditation, or the

 

commission on accreditation of rehabilitation facilities, state


 

money shall not be used to cover any portion of the cost of care

 

for that public ward.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2011.