February 6, 2007, Introduced by Senators CLARK-COLEMAN, JACOBS, SCHAUER, GLEASON, BRATER, SCOTT, ANDERSON, BARCIA and CLARKE and referred to the Committee on Families and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 18c, 55, and 115b (MCL 400.18c, 400.55, and
400.115b), section 55 as amended by 1998 PA 516 and section 115b as
amended by 2004 PA 193, and by adding section 18b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18b. (1) The department shall subsidize and support
children in relative care by providing financial assistance and
services in at least the same degree as the assistance and services
provided for children in foster care.
(2) As used in this act, "relative care" means the care of a
child by an adult who is the child's grandparent, brother, sister,
stepsister, stepbrother, uncle, or aunt by marriage, blood, or
adoption, regardless of the manner in which the child came to be
under the care of the relative, including, but not limited to, the
following:
(a) A parent's voluntary placement of the child with the
relative.
(b) The placement of the child with the relative by the court,
the department, or a child placing agency under this act, the
probate code of 1939, 1939 PA 288, MCL 710.21 to 712A.32, or
another law of this state.
(c) The child's continued residence with the relative as
prescribed in section 11a of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.11a.
Sec. 18c. Foster care and relative care financed by a county
department
of social welfare shall be provided by the use of
licensed child caring institutions or placement agencies, in
accordance with the needs of the child, or if licensed child caring
institutions or placement agencies are not available, or there is a
religious conflict, foster care or relative care shall be provided
under
the direct supervision of the county department. , which care
The care provided under this section shall meet the following
standards of care and service:
(a) (1)
Personnel engaged in placement and supervision of
children in foster care and relative care shall have qualifying
training and experience.
(b) (2)
Adequate records shall be maintained with information
on
the physical and mental health of the child, his the child's
emotional stability and family background, together with the
reasons for the child's placement away from home to aid in planning
for
any a child placed by the department, toward the end that
the
child may be reunited with his or her family as soon as it appears
possible.
(c) (3)
Family foster homes used by the department shall be
selected with consideration of the religious, racial, and cultural
background
of the child to be placed and children thus placed in
family foster homes shall be visited in these homes at least once a
month.
Sec. 55. The county department shall administer a public
welfare
program , as follows to do
all of the following:
(a)
To grant Grant general assistance, including medical care
as defined in this section and care in the county medical care
facility, but not including hospitalization and infirmary care
except for care in the county medical care facility or a county
infirmary
existing on January 1, 1981, to any a person domiciled in
the county who has a legal settlement in this state. General
assistance may also be granted to a person who has a legal
settlement in this state but no domicile in the county and a
recoupment
may be made when appropriate in the manner as
provided
in cases of emergency hospitalization under this act. In a
temporary emergency, general assistance may be given to indigents
without a settlement in this state as the county department
considers necessary, including, if other funds are not available
for the purpose, all necessary expenses in transporting an indigent
to his or her domicile in this state, or in another state or
nation,
when if information reasonably tends to show that the
person has a home available in his or her place of domicile in this
state or a legal residence in another state or nation. A legal
settlement in this state is acquired by an emancipated person who
has lived continuously in this state for 1 year with the intent to
make it his or her home and who, during the 1-year period has not
received public assistance, other than assistance received during
and as a direct result of a civil defense emergency, or support
from
relatives. Time spent in a public institution shall not be is
not counted in determining settlement. A legal
settlement shall be
is lost by remaining away from this state for an uninterrupted
period of 1 year except that absence from this state for labor or
other
special or temporary purpose shall does not occasion cause
loss of settlement.
(b)
To administer Administer categorical assistance including
medical care.
(c)
To supervise Supervise and be responsible for the
operation of the county infirmary and county medical care facility.
In
a county having a population of 1,000,000 or more which that
maintains a county infirmary or county hospital or a joint
infirmary
and hospital providing for mental mentally ill patients,
the
institution and the admissions admission to the institution
shall
be are subject to the control of a board to be known as
the
board of county institutions. The board of county institutions
shall consist of 5 members appointed by the county board of
commissioners, except that in a county having a board of county
auditors, 3 members of the board of county institutions shall be
appointed by the county board of commissioners and 2 members shall
be appointed by the board of county auditors. Each member of the
board of county institutions shall hold office for a term and
receive compensation as the county board of commissioners provides
by ordinance. In relation to the administration of the
institutions, the
board shall have and succeed to of
county
institutions has all powers and duties formerly vested by law,
general, local or special, in the superintendents of the poor in
the county and the board of county institutions as constituted on
April 13, 1943. The board of county institutions of the county may
also maintain outpatient facilities for the treatment of needy
persons
suffering from mental disorders illness. The board shall
also have the same powers as are given to the county board in
section 78.
(d)
To furnish Furnish in all cases, insofar as practicable,
care
and treatment which that will tend to restore needy persons to
a condition of financial and social independence.
(e)
To require Require that each applicant shall furnish proof
satisfactory to the county board that the applicant is entitled to
the aid, assistance, or benefit sought.
(f)
To investigate Investigate, in respect to each application
for
any a form of public aid or assistance, the circumstances
of
the applicant, both at the time of application and periodically
during the receipt of aid or assistance.
(g)
To maintain Maintain adequate social and financial records
pertaining
to each recipient of aid or assistance and so far as is
practicable engage in the prevention of social disabilities.
(h)
Except as otherwise provided in this subdivision, to
investigate, when requested by the probate court or the family
division of circuit court, matters pertaining to dependent,
neglected, and delinquent children and wayward minors under the
court's jurisdiction, to provide supervision and foster care or
relative
care as provided by court order, and to
furnish the court,
on request, investigational service in respect to the
hospitalization of children under the program of services for
crippled children established under part 58 of the public health
code,
1978 PA 368, MCL 333.5801 to 333.5879, which services shall
include
the follow-up investigation and continuing observations. If
the county is a county juvenile agency as defined in section 2 of
the county juvenile agency act, 1998 PA 518, MCL 45.622, the county
department's obligations under this subdivision are limited to
public wards within the county's jurisdiction under the youth
rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309,
and county juvenile agency services as defined in section 117a.
(i)
To assist Assist other departments, agencies, and
institutions
of the federal, state, and county governments, when so
if requested, in performing services in conformity
with the
purposes
of this act.
(j)
To assist Assist in the development of sound programs and
standards of child welfare, and promote programs and policies
looking
toward the prevention of to
prevent dependency, neglect,
and delinquency and other conditions affecting adversely the
welfare of families and children.
(k)
To create Create within the county department a division
of medical care. The county board may appoint a properly qualified
and licensed doctor of medicine as the head of the division and an
advisory committee. The advisory committee shall consist of 1
doctor of medicine, nominated by the county medical society; 1
dentist, nominated by the district dental society; and 1
pharmacist, nominated by the district pharmaceutical association,
to assist in formulating policies of medical care and auditing and
reviewing bills. "Medical care" as used in this act means medical
care rendered under the supervision of a licensed physician in an
organized
out-patient outpatient department of a hospital licensed
by
the department of public community health under article 17 of
the public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or
home and office attendance by a physician, osteopathic physician
and surgeon, or podiatrist licensed under article 15 of the public
health
code, 1978 PA 368, MCL 333.16101 to 333.18838; and when if
prescribed by the physician, osteopathic physician and surgeon, or
podiatrist,
diagnostic services service requiring the use of
equipment
not available in his or her offices office, if the
services
do service does not require overnight care, dental
service, optometric service, bedside nursing service in the home,
or pharmaceutical service. The private physician-patient
relationship shall be maintained. The normal relationships between
the recipients of dental, optometric, nursing, and pharmaceutical
services, and the services furnished by a physician, osteopathic
physician
and surgeon, podiatrist, or a chiropractor licensed under
article 15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838, and the persons furnishing these services shall be
maintained.
This section shall does not affect the office of a city
physician or city pharmacist established under a city charter, a
county health officer, or the medical superintendent of a county
hospital.
This section shall permit permits the use of a case
management system, a patient care management system, or other
alternative system for providing medical care.
(l) To cause Cause to be suitably buried
the body of a deceased
indigent
person who has a domicile in the county, when if
requested
by
the person's relative or friend, or of a stranger, when if
requested by a public official following an inquest.
(m)
To administer Administer additional welfare functions as
are
vested in the department, including
hospitalization.
(n)
To act Act as an agent for the state department in matters
requested by the state department under the rules of the state
department.
(o)
To provide temporary general assistance for each family
found
ineligible for aid to dependent children assistance by reason
of
unsuitable family home as provided in section 56.
Sec. 115b. (1) The department shall assume responsibility for
all children committed to it by the juvenile division of the
probate court, the family division of circuit court, or the court
of general criminal jurisdiction under the youth rehabilitation
services act, 1974 PA 150, MCL 803.301 to 803.309, and 1935 PA 220,
MCL 400.201 to 400.214. The department may provide institutional
care, supervision in the community, boarding care, halfway house
care, relative care, and other children and youth services and
programs necessary to meet the needs of those children or may
obtain appropriate services from other state agencies, local public
agencies, or private agencies, subject to section 115o. If the
program of another state agency is considered to best serve the
needs of the child, the other state agency shall give priority to
the child.
(2) The department shall study and act upon a request for
service as to, or a report received of, neglect, exploitation,
abuse, cruelty, or abandonment of a child by a parent, guardian,
custodian, or person serving in loco parentis, or a report
concerning a child in need of protection. On the basis of the
findings of the study, the department shall assure, if necessary,
the provision of appropriate social services to the child, parent,
guardian, custodian, or person serving in loco parentis, to
reinforce and supplement the parental capabilities, so that the
behavior or situation causing the problem is corrected or the child
is otherwise protected. In assuring the provision of services and
providing the services, the department shall encourage
participation by other existing governmental units or licensed
agencies and may contract with those agencies for the purchase of
any service within the scope of this subsection. The department
shall initiate action in an appropriate court if the conduct of a
parent, guardian, or custodian requires. The department shall
promulgate rules necessary for implementing the services authorized
in this subsection. The rules shall include provision for local
citizen participation in the program to assure local understanding,
coordination, and cooperative action with other community
resources. In the provision of services, there shall be maximum
utilization of other public, private, and voluntary resources
available within a community.
(3) If an agency or organization proposes to place for
adoption, with a person domiciled in this state, a child who is a
citizen of or resides in a country other than the United States or
Canada, the department shall conduct, within 180 days after receipt
of the request from the agency or organization, the investigation
prescribed by section 46 of chapter X of the probate code of 1939,
1939 PA 288, MCL 710.46. In a county in which the department
determines it to be more feasible both geographically and
economically, the department may purchase the adoption services up
to the actual cost of providing those services. The department
shall charge parent fees prescribed by the legislature.
(4) The office is responsible for the development,
interpretation, and dissemination of policy regarding departmental
investigations requested or ordered by the probate court or the
family division of circuit court under section 55(h) and the
provision of foster care or relative care services authorized by
this act. Foster care and relative care services shall include
foster care of state wards, aid to dependent children foster care,
foster care of wards of the family division of circuit court placed
under the care and supervision of the department by order of the
court, and voluntary parental placement of children in foster care
or relative care.
(5) All rights to current, past due, and future support
payable on behalf of a child committed to or under the supervision
of the department and for whom the department is making state or
federally funded foster care or relative care maintenance payments
are assigned to the department while the child is receiving or
benefiting from those payments. When the department ceases making
foster care or relative care maintenance payments for the child,
both of the following apply:
(a) Past due support that accrued under the assignment remains
assigned to the department.
(b) The assignment of current and future support rights to the
department ceases.
(6) The maximum amount of support the department may retain to
reimburse the state, the federal government, or both for the cost
of care shall not exceed the amount of foster care or relative care
maintenance payments made from state or federal money, or both.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 172.
of the 94th Legislature is enacted into law.