Bill Text: MI SB1107 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Children: foster care; foster care task force; create. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-12-08 - Referred To Committee On Ways And Means [SB1107 Detail]
Download: Michigan-2019-SB1107-Engrossed.html
Substitute For
SENATE BILL NO. 1107
A bill to create the foster care task force; to provide
for the powers and duties of the foster care task force; and to provide for
the powers and duties of certain state departments and agencies.
the people of the state of michigan enact:
(a) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(b) "Council" means the legislative council established under section 15 of article IV of the state constitution of 1963.
(c) "Department" means the department of health and human services.
(d) "Director" means the director of the department.
(e) "Foster care" means a child's placement outside the child's parental home by and under the supervision of a child placing agency, the court, or the department. Foster care does not include delegation of a parent's or guardian's powers regarding care, custody, or property of a child or ward under a properly executed power of attorney under the safe families for children act, 2018 PA 434, MCL 722.1551 to 722.1567.
(f) "Settlement agreement" means the settlement agreement under Dwayne B. v Snyder, Docket No. 2:06-CV-13548 in the United States District Court for the Eastern District of Michigan.
(g) "Task force" means the foster care task force created in section 2.
Sec. 2. (1) The foster care task force is created within the legislative council.
(2) No later than 30 days after the effective date of this act, the council shall establish procedures for approving the task force budget, for expending funds, and for employing personnel for the task force.
(3) The task force shall consist of members who represent the 3 branches of government who are recognized for their child welfare expertise or who represent critical stakeholder interests.
(4) In order to promote the important goal of fostering a diversity of ideas and opinions, and undo the bias and oppression that limits those voices, to the extent practicable, the task force must reflect the diversity of this state and be inclusive of individuals of different racially or ethnically diverse backgrounds, genders, and generations.
(5) Appointments to the task force must be made in accordance with the following:
(a) The chief justice of the supreme court or his or her designee. This member shall serve as co-chair.
(b) The director or his or her designee. This member shall also serve as co-chair.
(c) Two individuals appointed by the chief justice of the supreme court, 1 of whom represents judges who adjudicate family matters or juvenile matters in the family division of circuit court and 1 of whom represents administrators of the family division of circuit court.
(d) Three individuals appointed by the governor, 1 of whom represents department foster care caseworkers, 1 of whom represents foster youth, and 1 of whom represents parent partners.
(e) Three individuals appointed by the senate majority leader, 1 of whom represents foster parents.
(f) Three individuals appointed by the speaker of the house, 1 of whom represents contract private agencies.
(g) One individual appointed by the senate minority leader.
(h) One individual appointed by the minority leader of the house.
(6) The members first appointed to the task force shall be appointed within 60 days after the effective date of this act.
Sec. 3. The task force shall do all of the following:
(a) Conduct a comprehensive review of this state's foster care statewide data, statutes, and administrative practices.
(b) Review the foster care statewide data, statutes, and administrative practices of the states with the best performance practices related to the following 7 national child welfare outcomes reported annually to Congress by the United States Department of Health and Human Services according to the requirements of section 203(a) of the adoption and safe families act of 1997, Public Law 105-89:
(i) Reduce recurrence of child abuse and child neglect.
(ii) Reduce the incidence of child abuse and child neglect in foster care.
(iii) Increase permanency for children in foster care.
(iv) Reduce time in foster care to reunification without increasing reentry.
(v) Reduce time in foster care to adoption.
(vi) Increase placement stability.
(vii) Reduce placements of young children in group homes or institutions.
(c) Identify key disparities between this state and the top 5 ranking states described in subdivision (b). Identify any other barriers to successful outcomes.
(d) Develop recommendations for legislative, administrative, and judicial action to correct the identified disparities and barriers to success described in subdivision (c) and to relieve the state from oversight for the implementation, sustainability, and exit plan according to the settlement agreement.
(e) Develop initiatives with a focus on all of the following:
(i) Primary prevention and early intervention across systems of care, including behavioral health services, early childhood development, and public health.
(ii) Ensuring implementation of a financial strategy that draws down funding from available private and public resources.
(iii) Bolstering kinship care and reunification strategies.
(f) Develop a communication strategy to support current foster families and engage new families by increasing public awareness of the needs of the state's foster care system.
(h) Develop recommendations for creating an oversight authority to ensure long-term success and compliance with the proposed foster care policy changes.
(i) Develop a method for receiving public input concerning the current operations of this state's foster care system that will enhance the task force's recommendations and report developed or submitted under this act.
Sec. 4. (1) For the purpose of carrying out its duties under this act, the task force may do both of the following:
(a) Accept federal money granted for the purpose of this act as well as gifts, grants, bequests, or donations from individuals, private organizations, or foundations. Accepting or using federal money does not commit state money and does not place an obligation on the legislature to continue the purpose for which the federal money is made available.
(b) Plan, manage, or conduct a campaign to solicit gifts, bequests, grants, or donations of money or property, or pledges of gifts, bequests, grants, or donations.
Sec. 5. (1) The Michigan foster care task force fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, to assist the task force in properly executing its prescribed duties under this act.
Sec. 6. (1) By not later than 18 months after the effective date of this act, the task force must submit a report to the governor, the chief justice of the supreme court, the senate majority leader, the senate minority leader, the speaker of the house of representatives, the minority leader of the house of representatives, the director, the senate and house of representatives appropriations subcommittees on the department budget, the senate fiscal agency, and the house fiscal agency. Before submitting the report required under this subsection, the task force shall consult with the monitor of the settlement agreement and shall consider the monitor's response in the final policy recommendations.
(2) The task force is dissolved upon submitting the report required under subsection (1).
Sec. 7. This act does not prevent the task force from working or contracting with a public or private entity to fulfill the responsibilities under this act.
Enacting section 1. It is the intent of the legislature that the foster care task force provide comprehensive research on the enumerated priorities in this act and provide specific actionable recommendations and applicable metrics for long-term oversight and to remove obstacles and disincentives preventing Michigan families from supporting foster children to ensure that this state is a national leader in outcomes for children in the foster care system.
