HOUSE BILL No. 5292


     October 18, 2001, Introduced by Reps. Clark, Vander Veen, Voorhees, McConico, Dennis, Hale, Plakas, Jacobs, Rison, Quarles, Minore,
Bogardus, Basham, Stallworth, Garza, Reeves, Williams, Hardman, Thomas, Schermesser, Bovin, Clarke, Wojno, Callahan, Gieleghem, Whitmer, Murphy,
Zelenko, O'Neil, Mans, Waters, Lipsey, Rich Brown, Ruth Johnson, Scranton, DeRossett, Howell, Adamini, Rivet, Daniels, Godchaux, Phillips and
Lemmons and referred to the Committee on Family and Children Services.


        A bill to amend 1939 PA 280, entitled

   "The social welfare act,"

   by amending sections 18c, 55, and 115b (MCL 400.18c, 400.55, and

   400.115b), sections 55 and 115b as amended by 1998 PA 516, and by

   adding section 18b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           SEC. 18B.  (1) THE DEPARTMENT SHALL SUBSIDIZE AND SUPPORT

 2
      CHILDREN IN RELATIVE CARE WITH BOTH FINANCIAL ASSISTANCE AND THE

 3
      PROVISION OF SERVICES IN AT LEAST THE SAME DEGREE AS THE ASSIST-

 4
      ANCE AND SERVICES PROVIDED FOR CHILDREN IN FOSTER CARE.

 5
           (2) AS USED IN THIS ACT, "RELATIVE CARE" MEANS THE CARE OF A

 6
      CHILD BY AN ADULT WHO IS THE CHILD'S GRANDPARENT, BROTHER,

 7
      SISTER, STEPSISTER, STEPBROTHER, UNCLE, OR AUNT BY MARRIAGE,

 8
      BLOOD, OR ADOPTION, REGARDLESS OF THE MANNER IN WHICH THE CHILD




   03979'01                                                 GWH                                   2

 1
      CAME TO BE UNDER THE CARE OF THE RELATIVE, INCLUDING, BUT NOT

 2
      LIMITED TO, THE FOLLOWING:

 3
           (A) A PARENT'S VOLUNTARY PLACEMENT OF THE CHILD WITH THE

 4
      RELATIVE.

 5
           (B) THE PLACEMENT OF THE CHILD WITH THE RELATIVE BY THE

 6
      COURT, THE DEPARTMENT, OR A CHILD PLACING AGENCY UNDER THIS ACT,

 7
      THE PROBATE CODE OF 1939, 1939 PA 288, MCL 710.21 TO 712A.32, OR

 8
      ANOTHER LAW OF THIS STATE.

 9
           (C) THE CHILD'S CONTINUED RESIDENCE WITH THE RELATIVE AS

10
      PRESCRIBED IN SECTION 11A OF THE PROBATE CODE OF 1939, 1939 PA

11
      288, MCL 712A.11A.

12
           Sec. 18c.  Foster care AND RELATIVE CARE financed by a

13
      county  department of social welfare  FAMILY INDEPENDENCE AGENCY

14
      shall be provided by the use of licensed child caring institu-

15
      tions or placement agencies, in accordance with the needs of the

16
      child, or if licensed child caring institutions or placement

17
      agencies are not available, or there is a religious conflict,

18
      foster care OR RELATIVE CARE shall be provided under the direct

19
      supervision of the county department, which care shall meet the

20
      following standards of care and service:

21
           (1) Personnel engaged in placement and supervision of chil-

22
      dren in foster care shall have qualifying training and

23
      experience.

24
           (2) Adequate records shall be maintained with information on

25
      the physical and mental health of the child,  his  THE CHILD'S

26
      emotional stability and family background, together with the

27
      reasons for the child's placement away from home to aid in



   03979'01                                   3

 1
      planning for  any  A child placed by the department, toward the

 2
      end that the child may be reunited with his OR HER family as soon

 3
      as it appears possible.

 4
           (3) Family foster homes used by the department shall be

 5
      selected with consideration of the religious, racial, and cul-

 6
      tural background of the child to be placed and children thus

 7
      placed shall be visited in these homes at least once a month.

 8
           Sec. 55.  The county department shall administer a public

 9
      welfare program  , as follows  TO DO ALL OF THE FOLLOWING:

10
           (a)  To grant  GRANT general assistance, including medical

11
      care as defined in this section and care in the county medical

12
      care facility, but not including hospitalization and infirmary

13
      care except for care in the county medical care facility or a

14
      county infirmary existing on January 1, 1981, to  any  A person

15
      domiciled in the county who has a legal settlement in this

16
      state.  General assistance may also be granted to a person who

17
      has a legal settlement in this state but no domicile in the

18
      county and a recoupment may be made when appropriate  in the

19
      manner  AS provided in cases of emergency hospitalization under

20
      this act.  In a temporary emergency, general assistance may be

21
      given to indigents without a settlement in this state as the

22
      county department considers necessary, including, if other funds

23
      are not available for the purpose, all necessary expenses in

24
      transporting an indigent to his or her domicile in this state, or

25
      in another state or nation,  when  IF information reasonably

26
      tends to show that the person has a home available in his or her

27
      place of domicile in this state or a legal residence in another



   03979'01                                   4

 1
      state or nation.  A legal settlement in this state is acquired by

 2
      an emancipated person who has lived continuously in this state

 3
      for 1 year with the intent to make it his or her home and who,

 4
      during the 1-year period has not received public assistance,

 5
      other than assistance received during and as a direct result of a

 6
      civil defense emergency, or support from relatives.  Time spent

 7
      in a public institution  shall not be  IS NOT counted in deter-

 8
      mining settlement.  A legal settlement  shall be  IS lost by

 9
      remaining away from this state for an uninterrupted period of 1

10
      year except that absence from this state for labor or other spe-

11
      cial or temporary purpose  shall  DOES not  occasion  CAUSE
   loss

12
      of settlement.

13
           (b)  To administer  ADMINISTER categorical assistance

14
      including medical care.

15
           (c)  To supervise  SUPERVISE and be responsible for the

16
      operation of the county infirmary and county medical care

17
      facility.  In a county having a population of 1,000,000 or more

18
       which  THAT maintains a county infirmary or county hospital or a

19
      joint infirmary and hospital providing for  mental  MENTALLY ILL

20
      patients, the institution and the  admissions  ADMISSION to the

21
      institution  shall be  ARE subject to the control of  a board to

22
      be known as  the board of county institutions.  The board OF

23
      COUNTY INSTITUTIONS shall consist of 5 members appointed by the

24
      county board of commissioners, except that in a county having a

25
      board of county auditors, 3 members of the board of county insti-

26
      tutions shall be appointed by the county board of commissioners

27
      and 2 members shall be appointed by the board of county



   03979'01                                   5

 1
      auditors.  Each member of the board OF COUNTY INSTITUTIONS shall

 2
      hold office for a term and receive compensation as the county

 3
      board of commissioners provides by ordinance.  In relation to the

 4
      administration of the institutions the board  shall have and suc-

 5
      ceed to  OF COUNTY INSTITUTIONS HAS all powers and duties

 6
      formerly vested by law, general, local or special, in the super-

 7
      intendents of the poor in the county and the board of county

 8
      institutions as constituted on April 13, 1943.  The board of

 9
      county institutions of the county may also maintain outpatient

10
      facilities for the treatment of needy persons suffering from

11
      mental  disorders  ILLNESS.  The board shall also have the same

12
      powers as are given to the county board in section 78.

13
           (d)  To furnish  FURNISH in all cases,  insofar  as
   practi-

14
      cable, care and treatment  which  THAT will tend to restore needy

15
      persons to a condition of financial and social independence.

16
           (e)  To require  REQUIRE that each applicant  shall 
   furnish

17
      proof satisfactory to the county board that the applicant is

18
      entitled to the aid, assistance, or benefit sought.

19
           (f)  To investigate  INVESTIGATE, in respect to each appli-

20
      cation for  any  A form of public aid or assistance, the circum-

21
      stances of the applicant, both at the time of application and

22
      periodically during the receipt of aid or assistance.

23
           (g)  To maintain  MAINTAIN adequate social and financial

24
      records pertaining to each recipient of aid or assistance and  so

25
      far  as  is  practicable engage in the prevention of social

26
      disabilities.





   03979'01                                   6

 1
           (h) Except as otherwise provided in this subdivision,  to

 2
      investigate, when requested by the probate court or the family

 3
      division of circuit court, matters pertaining to dependent,

 4
      neglected, and delinquent children and wayward minors under the

 5
      court's jurisdiction, to provide supervision and foster care OR

 6
      RELATIVE CARE as provided by court order, and  to  furnish the

 7
      court, on request, investigational service in respect to the hos-

 8
      pitalization of children under the program of services for crip-

 9
      pled children established under part 58 of the public health

10
      code, 1978 PA 368, MCL 333.5801 to 333.5879, which services

11
       shall  include  the  follow-up investigation and continuing

12
      observations.  If the county is a county juvenile agency as

13
      defined in section 2 of the county juvenile agency act, 1998

14
      PA 518, MCL 45.622, the county department's obligations under

15
      this subdivision are limited to public wards within the county's

16
      jurisdiction under the youth rehabilitation services act, 1974

17
      PA 150, MCL 803.301 to 803.309, and county juvenile agency serv-

18
      ices as defined in section 117a.

19
           (i)  To assist  ASSIST other departments, agencies, and

20
      institutions of the federal, state, and county governments,  when

21
      so  IF requested, in performing services in conformity with  the

22
      purposes of  this act.

23
           (j)  To assist  ASSIST in the development of sound programs

24
      and standards of child welfare, and promote programs and policies

25
      looking  toward the prevention of  TO PREVENT dependency,

26
      neglect, and delinquency and other conditions affecting adversely

27
      the welfare of families and children.



   03979'01                                   7

 1
           (k)  To create  CREATE within the county department a

 2
      division of medical care.  The county board may appoint a prop-

 3
      erly qualified and licensed doctor of medicine as the head of the

 4
      division and an advisory committee.  The advisory committee shall

 5
      consist of 1 doctor of medicine, nominated by the county medical

 6
      society; 1 dentist, nominated by the district dental society; and

 7
      1 pharmacist, nominated by the district pharmaceutical associa-

 8
      tion, to assist in formulating policies of medical care and

 9
      auditing and reviewing bills.  "Medical care" as used in this act

10
      means medical care rendered under the supervision of a licensed

11
      physician in an organized  out-patient  OUTPATIENT department of

12
      a hospital licensed by the department of  public  COMMUNITY

13
      health under article 17 of the public health code, 1978 PA 368,

14
      MCL 333.20101 to 333.22260, or home and office attendance by a

15
      physician, osteopathic physician and surgeon, or podiatrist

16
      licensed under article 15 of the public health code, 1978 PA 368,

17
      MCL 333.16101 to 333.18838; and when prescribed by the physician,

18
      osteopathic physician and surgeon, or podiatrist, diagnostic

19
       services  SERVICE requiring the use of equipment not available

20
      in his or her  offices  OFFICE, if the  services do  SERVICE
   DOES

21
      not require overnight care, dental service, optometric service,

22
      bedside nursing service in the home, or pharmaceutical service.

23
      The private physician-patient relationship shall be maintained.

24
      The normal relationships between the recipients of dental, opto-

25
      metric, nursing, and pharmaceutical services, and the services

26
      furnished by a physician, osteopathic physician and surgeon,

27
      podiatrist, or  a  chiropractor licensed under article 15 of the



   03979'01                                   8

 1
      public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and

 2
      the persons furnishing these services shall be maintained.  This

 3
      section  shall  DOES not affect the office of a city physician or

 4
      city pharmacist established under a city charter, a county health

 5
      officer, or the medical superintendent of a county hospital.

 6
      This section  shall permit  PERMITS the use of a case management

 7
      system, a patient care management system, or other alternative

 8
      system for providing medical care.

 9
           (l)  To cause  CAUSE to be suitably buried the body of a

10
      deceased indigent person who has a domicile in the county,  when

11
      IF requested by the person's relative or friend, or of a

12
      stranger,  when  IF requested by a public official following an

13
      inquest.

14
           (m)  To administer  ADMINISTER additional welfare functions

15
       as are  vested in the department, including hospitalization.

16
           (n)  To act  ACT as an agent for the state department in

17
      matters requested by the state department under the rules of the

18
      state department.

19
            (o) To provide temporary general assistance for each family

20
      found ineligible for aid to dependent children assistance by

21
      reason of unsuitable family home as provided in section 56.

22
           Sec. 115b.  (1) The department shall assume responsibility

23
      for all children committed to it by the juvenile division of the

24
      probate court, the family division of circuit court, or the court

25
      of general criminal jurisdiction under the youth rehabilitation

26
      services act, 1974 PA 150, MCL 803.301 to 803.309, and 1935 PA

27
      220, MCL 400.201 to 400.214.  The department may provide



   03979'01                                   9

 1
      institutional care, supervision in the community, boarding care,

 2
      halfway house care, RELATIVE CARE, and other children and youth

 3
      services and programs necessary to meet the needs of those chil-

 4
      dren or may obtain appropriate services from other state agen-

 5
      cies, local public agencies, or private agencies, subject to sec-

 6
      tion 115o.  If the program of another state agency is considered

 7
      to best serve the needs of the child, the other state agency

 8
      shall give priority to the child.

 9
           (2) The department shall study and act upon a request for

10
      service as to, or a report received of, neglect, exploitation,

11
      abuse, cruelty, or abandonment of a child by a parent, guardian,

12
      custodian, or person serving in loco parentis, or a report con-

13
      cerning a child in need of protection.  On the basis of the find-

14
      ings of the study, the department shall assure, if necessary, the

15
      provision of appropriate social services to the child, parent,

16
      guardian, custodian, or person serving in loco parentis, to rein-

17
      force and supplement the parental capabilities, so that the

18
      behavior or situation causing the problem is corrected or the

19
      child is otherwise protected.  In assuring the provision of serv-

20
      ices and providing the services, the department shall encourage

21
      participation by other existing governmental units or licensed

22
      agencies and may contract with those agencies for the purchase of

23
      any service within the scope of this subsection.  The department

24
      shall initiate action in an appropriate court if the conduct of a

25
      parent, guardian, or custodian requires.  The department shall

26
      promulgate rules necessary for implementing the services

27
      authorized in this subsection.  The rules shall include provision



   03979'01                                  10

 1
      for local citizen participation in the program to assure local

 2
      understanding, coordination, and cooperative action with other

 3
      community resources.  In the provision of services, there shall

 4
      be maximum utilization of other public, private, and voluntary

 5
      resources available within a community.

 6
           (3) When an agency or organization proposes to place for

 7
      adoption, with a person domiciled in this state, a child who is a

 8
      citizen of or resides in, a country other than the United States

 9
      or Canada, the department shall conduct, within 180 days after

10
      receipt of the request from the agency or organization, the

11
      investigation prescribed by section 46 of chapter X of THE PRO-

12
      BATE CODE OF 1939, 1939 PA 288, MCL 710.46.  In a county in which

13
      the department determines it to be more feasible both geograph-

14
      ically and economically, the department may purchase the adoption

15
      services up to the actual cost of providing those services.  The

16
      department shall charge parent fees prescribed by the

17
      legislature.

18
           (4) The office shall be responsible for the development,

19
      interpretation, and dissemination of policy regarding departmen-

20
      tal investigations requested or ordered by the probate court

21
      under section 55(h) and the provision of foster care OR RELATIVE

22
      CARE services authorized by this act.  Foster care AND RELATIVE

23
      CARE services shall include foster care of state wards, aid to

24
      dependent children foster care, foster care of wards of the

25
      family division of circuit court placed under the care and super-

26
      vision of the department by order of the court, and voluntary

27
      parental placement of children in foster care OR RELATIVE CARE.



   03979'01                                  11

 1
           Enacting section 1.  This amendatory act does not take

 2
      effect unless House Bill No. 4858 of the 91st Legislature is

 3
      enacted into law.


















































   03979'01          Final page.                            GWH