Bill Text: MI HB4442 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; human services; department of human services; provide for fiscal year 2009-2010. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-02-25 - Printed Bill Filed 02/25/2009 [HB4442 Detail]
Download: Michigan-2009-HB4442-Introduced.html
HOUSE BILL No. 4442
EXECUTIVE BUDGET BILL
February 24, 2009, Introduced by Rep. Spade and referred to the Committee on Appropriations.
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, 2010; 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 bill,
the amounts listed in this part are appropriated for the department
of human services for the fiscal year ending September 30, 2010,
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....... 11,215.5
Full-time equated unclassified positions.......... 6.0
Total full-time equated positions............ 11,221.5
GROSS APPROPRIATION.................................... $ 4,592,454,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,426,600
ADJUSTED GROSS APPROPRIATION........................... $ 4,590,028,300
Federal revenues:
Federal – FMAP stimulus................................ 16,172,200
Total other federal revenues........................... 3,438,946,500
Special revenue funds:
Total private revenues................................. 9,822,200
Total local revenues................................... 41,741,300
Total other state restricted revenues.................. 56,845,400
State general fund/general purpose..................... $ 1,026,500,700
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 652.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 646.7
Unclassified salaries--6.0 FTE positions............... $ 647,900
Salaries and wages--295.7 FTE positions................ 18,262,900
Contractual services, supplies, and materials.......... 5,785,500
Demonstration projects--9.0 FTE positions.............. 9,280,900
Inspector general salaries and wages--99.0 FTE
positions............................................ 5,868,000
Electronic benefit transfer EBT........................ 7,166,500
Michigan community service commission--15.0 FTE
positions............................................ 9,763,800
AFC, children’s welfare and day care licensure—-
228.0 FTE positions.................................. 24,103,200
State office of administrative hearings and rules...... 5,559,300
GROSS APPROPRIATION.................................... $ 86,438,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 56,652,700
Special revenue funds:
Total private revenues................................. 3,199,600
Total local revenues................................... 175,000
Licensing fees......................................... 516,300
Health systems fees and collections.................... 216,100
Total other state restricted revenues.................. 25,000
State general fund/general purpose..................... $ 25,653,300
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 209.7
Child support enforcement operations--203.7 FTE
positions............................................ $ 23,882,400
Legal support contracts................................ 138,753,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 18,520,900
GROSS APPROPRIATION.................................... $ 213,566,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 185,629,000
Special revenue funds:
Total local revenues................................... 340,000
Total other state restricted revenues.................. 3,395,000
State general fund/general purpose..................... $ 24,202,500
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....................... $ 1,971,600
Community services block grants........................ 24,218,000
Weatherization assistance.............................. 18,418,700
GROSS APPROPRIATION.................................... $ 44,608,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 44,608,300
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions........... 42.7
Executive direction and support--5.0 FTE positions..... $ 520,300
Guardian contract...................................... 600,000
Adult services policy and administration--6.0 FTE
positions............................................ 639,600
Office of program policy--31.7 FTE positions........... 5,029,000
Employment and training support services............... 34,449,900
Wage employment verification reporting................. 848,700
Urban and rural empowerment/enterprise zones........... 100
Nutrition education.................................... 28,000,000
Crisis prevention and elder law of Michigan food for
the elderly project.................................. 200,000
GROSS APPROPRIATION.................................... $ 70,287,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 49,248,100
Special revenue funds:
State general fund/general purpose..................... $ 21,039,500
Sec. 106. CHILDREN'S SERVICES
Full-time equated classified positions.......... 232.0
Salaries and wages--93.2 FTE positions................. $ 6,646,500
Contractual services, supplies, and materials.......... 2,592,700
Foster care payments................................... 203,202,700
Adoption subsidies..................................... 237,262,000
Adoption support services--7.2 FTE positions........... 25,019,100
Youth in transition--2.0 FTE positions................. 18,067,000
Interstate compact..................................... 231,600
Children's benefit fund donations...................... 21,000
Families first......................................... 16,946,700
Strong families/safe children--3.0 FTE positions....... 12,906,100
Community protection and permanency--37.5 FTE
positions............................................ 17,847,100
Family reunification program........................... 3,977,100
Family preservation and prevention services
administration--12.5 FTE positions................... 1,894,000
Children's trust fund administration--12.0 FTE
positions............................................ 1,053,600
Children's trust fund grants........................... 3,825,100
ECIC, early childhood investment corporation........... 14,623,000
Attorney general contract.............................. 3,374,300
Prosecuting attorney contracts......................... 2,561,700
Child protection--5.0 FTE positions.................... 813,100
Subsidized guardianship program........................ 4,575,000
Domestic violence prevention and treatment--14.6 FTE
positions............................................ 14,797,800
Rape prevention and services........................... 2,600,000
Title IV-E compliance and accountability office--5.0
FTE positions........................................ 397,800
Child welfare institute-—40.0 FTE positions............ 5,943,800
GROSS APPROPRIATION.................................... $ 601,178,800
Appropriated from:
Interdepartmental grant revenues:
IDG from DCH - crime victims' rights fund.............. 1,300,000
Federal revenues:
Federal – FMAP stimulus................................ 15,054,100
Total other federal revenues........................... 371,176,100
Special revenue funds:
Private - children's benefit fund donations............ 21,000
Private - collections.................................. 2,787,500
Local funds - county chargeback........................ 21,840,600
Compulsive gaming prevention fund...................... 1,040,000
Children's trust fund.................................. 3,822,700
State general fund/general purpose..................... $ 184,136,800
Sec. 107. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 323.5
Secure juvenile services--252.0 FTE positions.......... $ 26,891,700
Community juvenile justice centers--27.0 FTE positions. 2,747,900
Child care fund........................................ 234,280,100
Child care fund administration--5.8 FTE positions...... 791,400
County juvenile officers............................... 3,894,700
Community support services--2.0 FTE positions.......... 1,496,600
Juvenile justice administration and maintenance--18.0
FTE positions........................................ 3,474,500
Federally funded activities--13.7 FTE positions........ 1,887,700
W. J. Maxey memorial fund.............................. 45,000
Juvenile accountability block grant—1.0 FTE position... 1,300,400
Committee on juvenile justice administration--4.0 FTE
positions............................................ 519,500
Committee on juvenile justice grants................... 5,000,000
GROSS APPROPRIATION.................................... $ 282,329,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 95,432,300
Special revenue funds:
Total private revenues................................. 45,000
Local funds - state share education funds.............. 2,523,200
Local funds - county chargeback........................ 14,310,300
State general fund/general purpose..................... $ 170,018,700
Sec. 108. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 9,141.5
Field staff, salaries and wages--8,920.7 FTE positions. $ 466,903,600
Contractual services, supplies, and materials.......... 17,009,300
Medical/psychiatric evaluations........................ 6,300,000
Donated funds positions--156.0 FTE positions........... 12,440,500
Training and program support--23.0 FTE positions....... 3,667,500
Food stamp reinvestment--31.8 FTE positions............ 7,470,000
Wayne County gifts and bequests........................ 100,000
Volunteer services and reimbursement................... 1,294,900
SSI advocates--10.0 FTE positions...................... 2,190,500
GROSS APPROPRIATION.................................... $ 517,376,300
Appropriated from:
Federal revenues:
Federal – FMAP stimulus................................ 697,300
Total other federal revenues........................... 296,016,600
Special revenue funds:
Local funds - donated funds............................ 2,552,200
Private funds - donated funds.......................... 739,400
Private funds - Wayne County gifts..................... 100,000
Private funds - hospital contributions................. 2,929,700
Supplemental security income recoveries................ 702,000
State general fund/general purpose..................... $ 213,639,100
Sec. 109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 575.4
Disability determination operations--549.9 FTE
positions............................................ $ 84,092,800
Medical consultation program--21.4 FTE positions....... 2,959,500
Retirement disability determination--4.1 FTE positions. 835,000
GROSS APPROPRIATION.................................... $ 87,887,300
Appropriated from:
Interdepartmental grant revenues:
IDG from DMB - office of retirement systems............ 1,126,600
Federal revenues:
Total federal revenues................................. 83,875,400
Special revenue funds:
State general fund/general purpose..................... $ 2,885,300
Sec. 110. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 45,490,700
Occupancy charge....................................... 9,280,700
Travel................................................. 6,224,200
Equipment.............................................. 277,300
Worker's compensation.................................. 3,631,400
Advisory commissions................................... 17,900
Payroll taxes and fringe benefits...................... 299,667,700
GROSS APPROPRIATION.................................... $ 364,589,900
Appropriated from:
Federal revenues:
Federal – FMAP stimulus................................ 420,800
Total other federal revenues........................... 213,509,800
Special revenue funds:
State general fund/general purpose..................... $ 150,659,300
Sec. 111. PUBLIC ASSISTANCE
Full-time equated classified positions........... 27.0
Family independence program............................ $ 382,007,700
State disability assistance payments................... 35,233,600
Food assistance program benefits....................... 1,221,340,900
State supplementation.................................. 31,255,700
State supplementation administration................... 1,288,100
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........................................ 4,209,300
Emergency services local office allocations............ 21,865,500
Day care services...................................... 343,239,700
Day care training, technology, and oversight--20.0
FTE positions....................................... 2,478,200
Refugee assistance program--7.0 FTE positions.......... 17,717,500
GROSS APPROPRIATION.................................... $ 2,191,125,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 1,950,664,200
Special revenue funds:
Child support collections.............................. 29,361,700
Supplemental security income recoveries................ 14,156,600
Public assistance recoupment revenue................... 3,610,000
State general fund/general purpose..................... $ 193,332,500
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 86,436,700
Child support automation............................... 46,631,000
GROSS APPROPRIATION.................................... $ 133,067,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 92,134,000
Special revenue funds:
State general fund/general purpose..................... $ 40,933,700
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 2009-2010 is $1,083,346,100.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $157,028,900.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 147,710,200
County juvenile officers............................... 3,648,400
Legal support contracts................................ 3,034,000
State disability assistance payments................... 2,159,200
Child support enforcement operations................... 302,700
Family independence program............................ 174,400
TOTAL.................................................. $ 157,028,900
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "AFC" means adult foster care.
(b) "CFSR" means child and family services review.
(c) "CRI" means children’s rights initiative.
(d) "DCH" means the department of community health.
(e) "Department" means the department of human services.
(f) "Director" means the director of the department of human
services.
(g) "DMB" means the department of management and budget.
(h) "ECIC" means early childhood investment corporation.
(i) "FMAP" means federal medical assistance percentage.
(j) "FTE" means full-time equated.
(k) "IDG" means interdepartmental grant.
(l) "JET" means jobs, education and training program.
(m) "RSDI" means retirement survivors disability insurance.
(n) "SSI" means supplemental security income.
(o) "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.
(p) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 655 and 656 to 669b.
(q) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 673, 673b to 679, and 679b.
(r) "VA" means veterans affairs.
Sec. 204. The civil service commission shall bill the
department at the end of the first fiscal quarter for the charges
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. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this bill.
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.
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. 215. If a legislative objective of this article 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. 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.
(g) The travel is necessary as part of the training of
department workers or the staff of private providers through the
child welfare institute.
(2) 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.
Sec. 218. 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.
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. 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. 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. 279. All contracts relating to human services entered
into or renewed by the department on or after October 1 of the
current fiscal year 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.
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 of the current
fiscal year 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.
(d) A narrative describing anticipated information technology
needs for the department in future years.
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 bill 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 bill 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 bill
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 bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 287. The department shall work collaboratively with the
child death review board and court system to improve communication
and coordination between entities on the review and examination of
child death in Michigan.
EXECUTIVE OPERATIONS
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. 309. 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. 310. 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.
ADULT AND FAMILY SERVICES
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
and state 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.
CHILDREN'S SERVICES
Sec. 501. The following goal is established by state law.
During the current fiscal year ending September 30 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 of the current fiscal year.
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
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 there is documentation that based
on special needs of the child there is no appropriate in state
facility available or 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.
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 substance abuse, a drug house, or
methamphetamine.
(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. The department shall use performance-based models
for all foster care services. The goal of these contracts shall be
to insure that foster care services are provided in a manner which
increases the state’s compliance with CFSR and CRI settlement
goals. Not later than March 30 of the current fiscal year, 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 this performance model, results the department or
agencies have achieved in improving permanency placements, and
recommendations for further improvements for foster care services
across the entire state.
Sec. 532. 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. 537. 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. 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. 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. 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 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. 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 child placing agencies to facilitate the
licensure of relative caregivers as foster parents. Agencies shall
receive $2,300.00 for each facilitated licensure. The 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, up
to $375,000.00 is allocated to support family incentive grants to
private and community-based foster care service providers to assist
with home improvements or payment for required physical exams of
applicant(s) 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.
Sec. 582. The department shall submit quarterly reports 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, and the state budget director
on their progress on implementing provisions of the Dwayne B. et al
vs. Granholm et al lawsuit settlement.
Sec. 585. 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.
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. 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 current fiscal year. 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. From the money appropriated in part 1 for indigent
burial, the maximum allowable reimbursement limit for indigent
burials shall be $700.00, which shall be distributed as follows:
$455.00 for funeral directors, $145.00 for cemeteries or
crematoriums, and $100.00 for the provider of the vault.
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. 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. 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 and state earned income tax credit.
Sec. 669. (1) The department shall distribute cash and food
assistance to recipients electronically by using debit or
purchasing cards.
(2) The department shall allocate up to $12,751,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children as defined by the department.
(3) The department shall take steps to inform family
independence program recipients eligible for the allowance under
subsection (2) that the money is to be used for clothing for
eligible children.
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. (1) Part of legislative budget hearings, 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
on the status of its plan to reduce waste, fraud and abuse in day
care.
(2) The department shall develop internal processes to
increase the accuracy of payments made through the child care
program. This improvement in payment accuracy may be achieved
through changes in information technology or through increased
management and oversight of the child care program.
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%. On a quarterly basis, 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 JET 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 15 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 ECIC contracts for comprehensive systems planning
shall be bid out through a statewide request-for-proposal process.
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 of the current fiscal
year, 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 previous fiscal year
and summarize department programs to assist persons in applying for
Medicaid.
(2) Not later than March 1 of the current fiscal year, 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.
JUVENILE JUSTICE SERVICES
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% chargeback 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 of the
current fiscal year, counties shall have an approved service
spending plan for the current fiscal year. Counties must submit the
service spending plan to the department by December 15 of the
current fiscal year for approval.
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. 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.
LOCAL OFFICE SERVICES
Sec. 750. The department shall maintain out-stationed
eligibility specialists in community-based organizations, nursing
homes 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.
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. 909. (1) If statewide retained child support collections
exceed $38,300,000.00, 75% of the amount in excess of
$38,300,000,00 is appropriated to legal support contracts. This
excess appropriation may be distributed to eligible counties to
supplement and not supplant county title IV-D funding.
(2) Each county whose retained child support collections in
the current fiscal year exceed its fiscal year 2004-2005 retained
child support collections, excluding tax offset and financial
institution data match collections in both the current year and
fiscal year 2004-2005, shall receive their proportional share of
the 75% excess.
(3) Payments to counties participating in projects pursuant to
section 902 shall be reduced by the amount paid to the vendor.
This authorization adjustment shall be made upon notification of
the chairs of the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and
the state budget director.
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.
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 of the current fiscal year, 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.
