Bill Text: MI HB4789 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Human services; county services; county child care fund reimbursement rate; increase. Amends sec. 117a of 1939 PA 280 (MCL 400.117a)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-12 - Bill Electronically Reproduced 06/20/2017 [HB4789 Detail]
Download: Michigan-2017-HB4789-Introduced.html
HOUSE BILL No. 4789
June 20, 2017, Introduced by Reps. Love, Chang, Gay-Dagnogo, Garrett, Green, Lucido, Geiss and Neeley and referred to the Committee on Law and Justice.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 117a (MCL 400.117a), as amended by 2016 PA 279.
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), subject
to appropriations, until September 30, 2017, the department shall
pay 100% of the costs of the $8.00 increase to the administrative
rate for providers of foster care services provided in 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), until
September 30, 2017, the department shall pay 100% of the
administrative rate for providers of treatment foster care services
and foster care services provided in 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, 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), until
September 30, 2017, 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 the
annual appropriation for the department budget.
(f) Notwithstanding the provisions in subdivision (a) and
subject to appropriations, in a county with a population of not
less than 575,000 or more than 650,000, for the purpose of this
subdivision only for cases transferred by the department to a child
placing agency, the department shall pay 100% of the administrative
rate to providers responsible for foster care case management
services to families of children who are court-ordered into foster
care due to child abuse or child neglect and placed in the care and
supervision of the department, regardless of placement setting
until the prospective payment system described in subdivision (g)
is implemented. This subdivision does not apply after May 1, 2018.
(g) Notwithstanding the provisions in subdivision (a) and
subject to appropriations, the department shall implement a
prospective payment system as part of a state-administered
performance-based child welfare system in a county with a
population of not less than 575,000 or more than 650,000, for
foster care case management in accordance with section 503 of
article X of 2014 PA 252. The county is only required to contribute
to foster care services payments in an amount that does not exceed
the average of the annual net contribution made by the county for
cases received under section 2(b) of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.2, in the 5 previous fiscal
years before October 1, 2015. The prospective payment system as
part of the state-administered performance-based child welfare
system shall be implemented as described in this subdivision but
shall not include in-home care service funding. This subdivision
does not apply after May 1, 2018.
(h) Subdivisions (f) and (g) only impact child abuse and child
neglect services and not juvenile justice program funding. This
subdivision does not apply after May 1, 2018.
(i) Notwithstanding the provisions of subdivision (a), subject
to appropriations, the department shall pay 100% of the amount
expended above the amount determined, in a study commissioned by
the legislature, to be the benchmark amount annually expended by
the counties to provide juvenile justice services for 17-year-olds
who are prosecuted in adult criminal courts.
(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 maintain 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
