HB-4434, As Passed House, April 29, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4434

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 117a (MCL 400.117a), as amended by 2014 PA 520.

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.

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.

subject to appropriations, ~~for the fiscal 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.~~ the annual appropriation for the department budget. 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)

and subject to appropriations, ~~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~~