HB-5507, As Passed House, October 1, 2014HB-5507, As Passed Senate, September 24, 2014

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5507

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending section 117a (MCL 400.117a), as amended by 2013 PA 138.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 117a. (1) As used in this section and sections 117b to

 

117g:

 

     (a) "County juvenile agency" means that term as defined in

 

section 2 of the county juvenile agency act, 1998 PA 518, MCL

 

45.622.

 

     (b) "County juvenile agency services" means all juvenile

 

justice services for a juvenile who is within the court's

 

jurisdiction under section 2(a) or (d) of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.2, or within the

 

jurisdiction of the court of general jurisdiction under section 606

 


of the revised judicature act of 1961, 1961 PA 236, MCL 600.606, if

 

that court commits the juvenile to a county or court juvenile

 

facility under section 27a of chapter IV of the code of criminal

 

procedure, 1927 PA 175, MCL 764.27a. If a juvenile who comes within

 

the court's jurisdiction under section 2(a) or (d) of chapter XIIA

 

of the probate code of 1939, 1939 PA 288, MCL 712A.2, is at that

 

time subject to a court order in connection with a proceeding for

 

which the court acquired jurisdiction under section 2(b) or (c) of

 

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

 

juvenile justice services provided to the juvenile before the court

 

enters an order in the subsequent proceeding are not county

 

juvenile agency services, except for juvenile justice services

 

related to detention.

 

     (c) "Juvenile justice service" means a service, exclusive of

 

judicial functions, provided by a county for juveniles who are

 

within or likely to come within the court's jurisdiction under

 

section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288,

 

MCL 712A.2, or within the jurisdiction of the court of general

 

criminal jurisdiction under section 606 of the revised judicature

 

act of 1961, 1961 PA 236, MCL 600.606, if that court commits the

 

juvenile to a county or court juvenile facility under section 27a

 

of chapter IV of the code of criminal procedure, 1927 PA 175, MCL

 

764.27a. A service includes intake, detention, detention

 

alternatives, probation, foster care, diagnostic evaluation and

 

treatment, shelter care, or any other service approved by the

 

office or county juvenile agency, as applicable, including

 

preventive, diversionary, or protective care services. A juvenile

 


justice service approved by the office or county juvenile agency

 

must meet all applicable state and local government licensing

 

standards.

 

     (2) A juvenile justice funding system for counties that are

 

not county juvenile agencies, including a child care fund, is

 

established and shall be administered under the department's

 

superintending control.

 

     (3) The department shall promulgate rules under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, to monitor juvenile justice services money and to prescribe

 

child care fund accounting, reporting, and authorization controls

 

and procedures and child care fund expenditure classifications. For

 

counties required to have a child care fund, the department shall

 

fund services that conform to the child care rules promulgated

 

under this act.

 

     (4) The department shall provide for the distribution of money

 

appropriated by the legislature to counties for the cost of

 

juvenile justice services as follows:

 

     (a) For a county that is not a county juvenile agency, the

 

amount distributed shall equal 50% of the annual expenditures from

 

the child care fund of the county established under section 117c,

 

except that expenditures under section 117c(3) and expenditures

 

that exceed the amount of a budget approved under section 117c

 

shall not be included. A distribution under this subdivision shall

 

not be made to a county that does not comply with the requirements

 

of this act. The department may reduce the amount distributed to a

 

county by the amount owed to the state for care received in a state

 


operated facility or for care received under 1935 PA 220, MCL

 

400.201 to 400.214, or under the youth rehabilitation services act,

 

1974 PA 150, MCL 803.301 to 803.309. The distribution may be

 

reduced by the amount of uncontested liability.

 

     (b) For a county that is a county juvenile agency, the

 

county's block grant amount as determined under section 117g in

 

equal distributions on October 1, January 1, April 1, and July 1 of

 

each state fiscal year.

 

     (c) Notwithstanding the provisions in subdivision (a), for the

 

fiscal year years ending September 30, 2014 and September 30, 2015,

 

the department shall pay 100% of the costs of the $3.00 increase to

 

the administrative rate for providers of foster care services

 

provided in section 546(4) of article X of 2013 PA 59 and section

 

546(4) of article X of 2014 PA 252. For the purposes of this

 

subdivision only, "foster care" means 24-hour substitute care for

 

children placed away from their parents or guardians, as a result

 

of a court order under section 2(b) of chapter XIIA of the probate

 

code of 1939, 1939 PA 288, MCL 712A.2, in placements supervised by

 

the department or a private child placing agency under contract

 

with the department for foster care services. Foster care services

 

include supervision of placements in foster family homes, foster

 

family group homes, and preadoptive placements.

 

     (d) Notwithstanding the provisions of subdivision (a) or (c),

 

for the fiscal years ending September 30, 2014 and September 30,

 

2015, for foster care cases established after October 1, 2013, the

 

department shall pay 100% of the administrative rate for providers

 

of treatment foster care services and foster care services provided

 


in section 546(1) of article X of 2013 PA 59 and section 546(1) of

 

article X of 2014 PA 252. For the purposes of this subdivision

 

only, "foster care" means 24-hour substitute care for children

 

placed away from their parents or guardians, as a result of a court

 

order under section 2(b) of chapter XIIA of the probate code of

 

1939, 1939 PA 288, MCL 712A.2, in placements supervised by the

 

department or a private child placing agency under contract with

 

the department for foster care services. Foster care services

 

include supervision of placements in foster family homes, foster

 

family group homes, treatment foster care, preadoptive placements,

 

and supervision of children reunified with the parent with whom the

 

child lived at the time of removal.

 

     (e) Notwithstanding the provisions in subdivision (a), for the

 

fiscal year ending September 30, 2015, the department shall pay

 

100% of the costs of any rate increase to the providers of

 

residential foster care services under contract with the

 

department, as provided in section 546(6) of article X of 2014 PA

 

252.

 

     (5) The department is liable for the costs of all juvenile

 

justice services in a county that is a county juvenile agency other

 

than county juvenile agency services.

 

     (6) The department shall establish guidelines for the

 

development of county juvenile justice service plans in counties

 

that are not county juvenile agencies.

 

     (7) A county that is not a county juvenile agency and receives

 

state funds for in-home or out-of-home care of children shall

 

submit reports to the department at least quarterly or as the

 


department otherwise requires. The reports shall be submitted on

 

forms provided by the executive director and shall include the

 

number of children receiving foster care services and the number of

 

days of care provided.

 

     (8) The department shall develop a reporting system providing

 

that reimbursement under subsection (4)(a) shall be made only on

 

submission of billings based on care given to a specific,

 

individual child. The system shall be implemented not later than

 

October 1, 1982.