SB-0271, As Passed Senate, June 15, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 271

 

 

 

 

 

 

 

 

 

 

 

     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, 2006; 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 act, the

 


amounts listed in this part are appropriated for the department for

 

the fiscal year ending September 30, 2006, 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....... 10,201.3

 

   Unclassified positions............................ 5.0

 

   Total full-time equated positions............ 10,206.3

 

GROSS APPROPRIATION.................................... $  4,374,452,700

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,109,800

 

ADJUSTED GROSS APPROPRIATION........................... $  4,373,342,900

 

   Federal revenues:

 

Total federal revenues.................................     3,173,213,200

 

   Special revenue funds:

 

Total private revenues.................................         8,904,200

 

Total local revenues...................................        44,522,600

 

Total other state restricted revenues..................        70,394,200

 

State general fund/general purpose..................... $  1,076,308,700

 

   Sec. 102. EXECUTIVE OPERATIONS

 

   Total full-time equated positions............... 412.2

 

   Full-time equated unclassified positions.......... 5.0

 

   Full-time equated classified positions.......... 407.2

 

Unclassified salaries--5.0 FTE positions............... $        537,200

 

Salaries and wages--300.3 FTE positions................        15,509,800

 


Contractual services, supplies, and materials..........         5,025,200

 

Demonstration projects--15.0 FTE positions.............         6,919,700

 

Inspector general salaries and wages--88.0 FTE

 

   positions............................................         4,592,900

 

Electronic benefit transfer EBT........................         7,333,600

 

Office of professional development--3.9 FTE positions..           261,800

 

GROSS APPROPRIATION.................................... $     40,180,200

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        24,880,200

 

   Special revenue funds:

 

Total private revenues.................................         1,219,300

 

Total local revenues...................................           200,000

 

State general fund/general purpose..................... $     13,880,700

 

   Sec. 103. STRONG, INDEPENDENT, & SELF-SUFFICIENT

 

FAMILIES

 

   Full-time equated classified positions.......... 227.0

 

Teenage parent counseling--2.3 FTE positions........... $      3,808,400

 

Marriage initiative....................................           500,000

 

Fatherhood initiative..................................           500,000

 

Families first.........................................        17,448,100

 

Strong families/safe children..........................        13,395,300

 

Zero to three..........................................         4,000,000

 

Family group decision making...........................         2,454,700

 

Family reunification program...........................         4,062,700

 

Family preservation and prevention services--12.0

 

   FTE positions........................................         2,014,500

 


Black child and family institute.......................           100,000

 

Family independence program............................       394,595,100

 

Child support enforcement operations--207.7 FTE

 

   positions............................................        20,909,400

 

Legal support contracts................................       138,753,600

 

Child support incentive payments.......................        32,409,600

 

Child support distribution computer system--5.0 FTE

 

   positions............................................        13,671,700

 

Homeless prevention....................................           100,000

 

Food for the elderly...................................           100,000

 

GROSS APPROPRIATION.................................... $    648,823,100

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       417,469,800

 

   Special revenue funds:

 

Total local revenues...................................           340,000

 

Child support collections - restricted.................        47,710,700

 

Public assistance recoupment...........................         2,500,000

 

State general fund/general purpose..................... $    180,802,600

 

   Sec. 104. OPPORTUNITY FOR ADULTS TO LIVE & WORK IN

 

THE COMMUNITY

 

   Full-time equated classified positions.......... 620.0

 

Employment and training support services............... $     16,529,100

 

Adult services policy and administration--6.0 FTE

 

   positions............................................           588,700

 

Income support policy and administration--31.7 FTE

 

   positions............................................         5,920,500

 


Wage employment verification reporting.................         1,237,500

 

Urban and rural empowerment/enterprise zones...........               100

 

Nutrition education....................................         8,569,900

 

Refugee assistance program--2.9 FTE positions..........        12,683,700

 

State disability assistance payments...................        34,337,600

 

Food assistance program benefits.......................     1,218,740,900

 

State supplementation..................................        59,835,200

 

State supplementation administration...................         2,493,200

 

Low-income home energy assistance program..............       116,467,700

 

Food bank funding......................................           525,000

 

Homeless shelter contracts.............................        11,646,700

 

Multicultural assimilation funding.....................         1,715,500

 

Indigent burial........................................         5,909,300

 

Emergency services local office allocations............        20,772,200

 

Day care services......................................       459,352,800

 

Disability determination operations--545.9 FTE

 

   positions............................................        76,418,400

 

Medical consultation program--18.4 FTE positions.......         2,861,100

 

Retirement disability determination--4.1 FTE positions.           820,800

 

Bureau of community action and economic

 

   opportunity--11.0 FTE positions......................         1,208,800

 

Community services block grant.........................        27,634,600

 

Weatherization assistance..............................        18,671,000

 

GROSS APPROPRIATION.................................... $  2,104,940,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from DMB - office of retirement systems............         1,109,800

 


ADJUSTED GROSS APPROPRIATION........................... $  2,103,830,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................     1,805,874,500

 

   Special revenue funds:

 

Total state restricted revenues........................         5,104,800

 

State general fund/general purpose..................... $    293,961,000

 

   Sec. 105. PERMANENCY FOR CHILDREN

 

   Full-time equated classified positions........... 49.5

 

Salaries and wages--29.7 FTE positions................. $      1,715,200

 

Contractual services, supplies, and materials..........           862,000

 

Foster care payments...................................       130,694,100

 

Wayne County foster care payments......................        67,011,100

 

Adoption subsidies.....................................       224,778,500

 

Adoption support services--7.7 FTE positions...........        14,319,800

 

Youth in transition--2.0 FTE positions.................        13,220,400

 

Interstate compact.....................................           300,000

 

Children's benefit fund donations......................            21,000

 

Child safety and permanency plan.......................        16,900,700

 

Children's trust fund administration--4.3 FTE

 

   positions............................................           505,500

 

Children's trust fund grants...........................         3,615,000

 

Attorney general contracts.............................         2,928,000

 

Prosecuting attorney contracts.........................         1,061,700

 

Child care fund........................................       171,337,900

 

Child care fund administration--5.8 FTE positions......           822,500

 

GROSS APPROPRIATION.................................... $    650,093,400

 


    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       360,052,400

 

   Special revenue funds:

 

Private - children's benefit fund donations............            21,000

 

Private - collections..................................         3,840,600

 

Local funds - county payback...........................        22,214,700

 

Children's trust fund..................................         3,314,400

 

State general fund/general purpose..................... $    260,650,300

 

   Sec. 106. ABUSE AND NEGLECT

 

   Full-time equated classified positions........... 29.8

 

Executive direction and support--6.0 FTE positions..... $        482,100

 

Domestic violence prevention and treatment--5.5 FTE

 

   positions............................................        14,591,400

 

Rape prevention and services...........................         2,600,000

 

Guardian contract......................................           600,000

 

Child protection/community partners--18.3 FTE

 

   positions............................................         5,805,900

 

GROSS APPROPRIATION.................................... $     24,079,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        21,804,100

 

   Special revenue funds:

 

State general fund/general purpose..................... $      2,275,300

 

   Sec. 107. JUVENILE REHABILITATION SERVICES

 

   Full-time equated classified positions.......... 708.7

 

High security juvenile services--340.0 FTE positions... $     25,061,000

 


Medium security juvenile services--215.0 FTE positions.        13,905,500

 

Low security juvenile services--34.0 FTE positions.....         2,545,600

 

Juvenile justice day programs--37.0 FTE positions......         2,664,800

 

Juvenile justice field staff, administration and

 

   maintenance--60.0 FTE positions......................         7,807,100

 

Federally funded activities--13.7 FTE positions........         1,781,700

 

W.J. Maxey memorial fund...............................            45,000

 

Juvenile accountability incentive block grant--3.0

 

   FTE positions........................................         2,705,600

 

Committee on juvenile justice administration--4.0

 

   FTE positions........................................           484,100

 

Committee on juvenile justice grants...................         5,000,000

 

County juvenile officers...............................         3,006,900

 

Community support services--2.0 FTE positions..........         1,490,400

 

GROSS APPROPRIATION.................................... $     66,497,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        12,079,100

 

   Special revenue funds:

 

Total private revenues.................................           645,000

 

Local funds - county payback...........................        21,257,700

 

State general fund/general purpose.....................        32,515,900

 

   Sec. 108. LOCAL OFFICE STAFF AND OPERATIONS

 

   Full-time equated classified positions........ 7,951.1

 

Field staff, salaries and wages--7,827.8 FTE positions. $    355,661,900

 

Contractual services, supplies, and materials..........        14,976,300

 

Medical/psychiatric evaluations........................         4,300,000

 


County donated funds positions--11.0 FTE positions.....           762,300

 

Training and program support--33.5 FTE positions.......         5,234,700

 

Food stamp reinvestment--78.8 FTE positions............        17,564,400

 

Wayne County gifts and bequests........................           100,000

 

Volunteer services and reimbursement...................         1,293,900

 

GROSS APPROPRIATION.................................... $     399,893,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       246,341,100

 

   Special revenue funds:

 

Local funds - donated funds............................           205,800

 

Private funds - donated funds..........................           148,600

 

Private funds - hospital contributions.................         2,929,700

 

Private funds - Wayne County gifts.....................           100,000

 

State general fund/general purpose..................... $    150,168,300

 

   Sec. 109. CENTRAL SUPPORT ACCOUNTS

 

Rent................................................... $     44,016,700

 

Occupancy charge.......................................        11,431,800

 

Travel.................................................         4,152,600

 

Equipment..............................................           145,300

 

Worker's compensation..................................         4,279,000

 

Advisory commissions...................................            17,900

 

Human resources optimization user charges..............           561,000

 

Payroll taxes and fringe benefits......................       218,554,800

 

GROSS APPROPRIATION.................................... $    283,159,100

 

    Appropriated from:

 

   Federal revenues:

 


Total federal revenues.................................       182,929,100

 

   Special revenue funds:

 

Local funds - county payback...........................           304,400

 

State general fund/general purpose..................... $     99,925,600

 

   Sec. 110. OFFICE OF CHILDREN AND ADULT LICENSING

 

   Full-time equated classified positions.......... 208.0

 

AFC, children's welfare and day care

 

   licensure--208.0 FTE positions....................... $      21,839,900

 

GROSS APPROPRIATION.................................... $     21,839,900

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        11,458,000

 

   Special revenue funds:

 

Restricted - licensing fees............................           620,900

 

Restricted - health fees and collections...............           111,200

 

State general fund/general purpose..................... $      9,649,800

 

   Sec. 111. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $     80,773,800

 

Child support automation...............................        54,172,300

 

GROSS APPROPRIATION.................................... $    134,946,100

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        90,324,900

 

   Special revenue funds:

 

Total other state restricted revenue...................        11,032,200

 

State general fund/general purpose..................... $     33,589,000

 

 

 


 

 

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 2005-2006 is $1,147,488,300.00 and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2005-2006 is $173,786,700.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF HUMAN SERVICES

 

PERMANENCY FOR CHILDREN

 

Adoption subsidies..................................... $     85,048,000

 

Child care fund........................................        84,046,500

 

County juvenile officers...............................         2,616,000

 

OPPORTUNITY FOR ADULTS TO LIVE AND WORK IN THE COMMUNITY

 

State disability program...............................         2,076,200

 

TOTAL.................................................. $    173,786,700

 

     Sec. 202. The appropriations authorized under this act are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this act:

 

     (a) "AFC" means adult foster care.

 

     (b) "Department" means the department of human services.

 

     (c) "FTE" means full-time equated.

 

     (d) "GED" means general educational development.

 


     (e) "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.

 

     (f) "Title IV-D" means part D of title IV of the social

 

security act, 42 USC 651 to 655, and 656 to 669b.

 

     (g) "Title IV-E" means part E of title IV of the social

 

security act, 42 USC 670 to 673, 673b to 679, and 679b.

 

     Sec. 204. The department of civil service shall bill the

 

department at the end of the first fiscal quarter for the 1% charge

 

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. 205. (1) Beginning October 1, a hiring freeze is imposed

 

on the state classified civil service. State departments and

 

agencies are prohibited from hiring any new full-time state

 

classified civil service employees and prohibited from filling any

 

vacant state classified civil service positions. This hiring freeze

 

does not apply to internal transfers of classified employees from 1

 

position to another within a department.

 

     (2) The state budget director shall grant exceptions to this

 

hiring freeze when the state budget director believes that the

 

hiring freeze will result in rendering a state department or agency

 

unable to deliver basic services, cause loss of revenue to the

 

state, result in the inability of the state to receive federal

 

funds, or necessitate additional expenditures that exceed any

 

savings from maintaining a vacancy. The state budget director shall

 

report monthly to the chairpersons of the senate and house

 


appropriations committees and the senate and house fiscal agencies

 

and policy offices on the number of exceptions to the hiring freeze

 

approved during the previous month and the reasons to justify the

 

exception.

 

     Sec. 207. At least 60 days before beginning any effort to

 

privatize services, the department shall submit a complete project

 

plan to the appropriate senate and house of representatives

 

appropriations subcommittees and the senate and house fiscal

 

agencies. The plan shall include the criteria under which the

 

privatization initiative will be evaluated. Sanctions, suspensions,

 

conditions for provisional license status, and other penalties

 

shall not be more stringent for private service providers than for

 

public entities performing equivalent or similar services. The

 

evaluation shall be completed and submitted to the appropriate

 

senate and house of representatives appropriations subcommittees

 

and the senate and house fiscal agencies within 9 months.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this act.

 

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. On an annual basis, the

 

department shall provide a cumulative listing of the reports to the

 

house and senate appropriations subcommittees and the house and

 

senate fiscal agencies and policy offices.

 

     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 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

 

value.

 

     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. 212. 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.

 

     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) Information detailing the effect and change in staffing

 

due to the early retirement option.

 

     (e) Corrective action through policy, rules, and programming

 

being taken to reduce the food stamp error rate.

 

     (f) Any other information regarding the food stamp error rate,

 

including information pertaining to technology and computer

 

applications used for the food assistance program.

 

     Sec. 214. (1) The department shall submit a report to the

 

chairpersons of 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 details of

 

allocations within program budgeting line items and within the

 

salaries and wages line items in all appropriation units. The

 

report shall include a listing, by account, dollar amount, and fund

 

source, of salaries and wages; longevity and insurance; retirement;

 

contractual services, supplies, and materials; equipment; travel;

 

and grants within each program line item appropriated for the

 

fiscal year ending September 30, 2006.

 


     (2) On a bimonthly basis, the department shall report on the

 

number of FTEs in pay status by type of staff.

 

     Sec. 215. (1) If a legislative objective of this act 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.

 

     (2) The department shall provide the senate and house

 

appropriation subcommittees on the department budget, the senate

 

and house fiscal agencies and policy offices, and the state budget

 

director with the citation and a copy of any federal statute,

 

regulation, policy, or directive that the department determines

 

presents a conflict as described in subsection (1). The department

 

shall apply for any available waiver or relief from federal

 

requirements or sanctions that would allow it to comply with state

 

law without federal penalty.

 

     Sec. 217. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2006 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.

 

     (2) If out-of-state travel is necessary but does not meet 1 or

 

more of the conditions in subsection (1), the state budget director

 

may grant an exception to allow the travel. Any exceptions granted

 

by the state budget director shall be reported on a monthly basis

 

to the senate and house standing committees on appropriations.

 

     (3) 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. (1) The department shall prepare a semiannual 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 and within 10 days after the May consensus revenue

 

estimating conference.

 

     (2) The state budget director shall give prior written notice

 

to the members of the house and senate appropriations subcommittees

 

for the department and to the house and senate fiscal agencies and

 

policy offices of any proposed changes in utilization or

 

distribution of TANF funding or the distribution of TANF

 

maintenance of effort spending relative to the amounts reflected in

 

the annual appropriations acts of all state agencies where TANF

 


funding is appropriated. The written notice shall be given not less

 

than 30 days before any changes being made in the funding

 

allocations. This prior notice requirement also applies to new

 

plans submitted in response to federal TANF reauthorization or

 

replacement by an equivalent federal law.

 

     Sec. 220. (1) In contracting with faith-based organizations

 

for mentoring or supportive services, and in all contracts for

 

services, the department shall ensure that no funds provided

 

directly to institutions or organizations to provide services and

 

administer programs shall be used or expended for any sectarian

 

activity, including sectarian worship, instruction, or

 

proselytization.

 

     (2) If an individual requests the service and has an objection

 

to the religious character of the institution or organization from

 

which the individual receives or would receive services or

 

assistance, the department shall provide the individual within a

 

reasonable time after the date of the objection with assistance or

 

services and which are substantially the same as the service the

 

individual would have received from the organization.

 

     (3) The department shall ensure that faith-based organizations

 

are able to apply and compete for services, programs, or contracts

 

that they are qualified and suitable to fulfill. The department

 

shall not disqualify faith-based organizations solely on the basis

 

of the religious nature of their organization or their guiding

 

principles or statements of faith.

 

     (4) The department shall follow guidelines related to faith-

 

based involvement established in section 104 of title I of the

 


personal responsibility and work opportunity reconciliation act of

 

1996, 42 USC 604a.

 

     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 report on a quarterly basis to

 

the senate and house appropriations subcommittees overseeing its

 

budget summary information on the status of Medicaid applications

 

in each county.  This report shall also be posted on the department

 

website and shall include all of the following:

 

     (a) The number of Medicaid applications filed in each county

 

during the quarter.

 

     (b) The number of Medicaid applications in each county that,

 

during the quarter, were approved or denied within 45 days of the

 

receipt of information necessary to make the determination.

 

     (c) The number of Medicaid applications in each county that,

 

during the quarter, were not approved or denied within 45 days of

 

receipt of the information necessary.

 

     Sec. 224. The department shall approve or deny a Medicaid

 

application for a patient of a nursing home within 45 days after

 

the receipt of the necessary information.  If the department fails

 

to determine a nursing home patient's Medicaid eligibility in 45

 

days, the patient shall be presumed eligible for Medicaid services

 

and payments to the nursing home for Medicaid services shall be

 

made.  If the department determines after 45 days that a recipient

 


of Medicaid services was not eligible to receive Medicaid services,

 

the department shall collect payment for services rendered from the

 

ineligible recipient or the ineligible recipient's family or

 

guardian.

 

     Sec. 225. The department shall develop a rapid redetermination

 

process for nursing home residents whose Medicaid stay is greater

 

than 90 days.  This process shall be implemented not later than

 

January 1, 2006.

 

     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. (1) 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. User fees shall be subject to provisions of

 

an interagency agreement between the department and the department

 

of information technology.

 

     (2) During the annual budget presentation, the department

 

shall report on the interagency agreement with the department of

 

information technology to the senate and house appropriations

 

subcommittees for the department budget, house and senate fiscal

 


agencies, and policy offices. The report shall include the base

 

service priorities in the agreement including, but not limited to,

 

the following:

 

     (a) Name and description of base service.

 

     (b) Detail goals and objectives related to each base service.

 

     (c) Cost of each base service.

 

     (d) Time frame for implementation or completion of base

 

service.

 

     (e) Impact, if any, on caseload management by local office

 

staff, and on service to individual or family clients in local

 

offices.

 

     Sec. 260. Amounts appropriated in part 1 for information

 

technology may be designated as work projects and carried forward

 

to support technology projects under the direction of the

 

department of information technology. Funds designated in this

 

manner are not available for expenditure until approved as work

 

projects under section 451a of the management and budget act, 1984

 

PA 431, MCL 18.1451a.

 

     Sec. 261. The department, in conjunction with the county

 

family independence agency boards of directors and the department

 

of management and budget, shall develop a plan to restructure and

 

consolidate zone offices and local offices.  This plan shall

 

include an emphasis on maximization of service while maintaining a

 

reduction in administrative cost.  Duplication of services shall be

 

identified and solutions to remove the duplication shall be

 

detailed in the plan.  Any plan presented shall ensure that the

 

department provides a presence and services in every county.  The

 


plan shall be submitted to the senate and house appropriations

 

subcommittees for the department budget by January 15, 2006 and

 

shall include an implementation date during the 2005-2006 fiscal

 

year. Up to 25% of the savings resulting from this plan may be

 

allocated to the counties generating the savings to fund additional

 

prevention services.  The remaining savings may be retained by the

 

department to fund local office operations, training and program

 

support, and travel for case management for child welfare workers.

 

     Sec. 264. The department of human services shall not take

 

disciplinary action against an employee for communicating with a

 

member of the legislature or his or her staff.

 

     Sec. 269. 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. 270. (1) The department shall develop a plan to provide

 

client-centered results-oriented programs and services for each of

 

the following programs:

 

     (a) Day care assistance.

 

     (b) Family independence program.

 

     (c) Adoption subsidy.

 

     (d) Foster care. 

 


     (2) The plan shall include detailed information to be compiled

 

on an annual basis by the department on the following for each

 

program listed in subsection (1):

 

     (a) The average cost per recipient served by the program.

 

     (b) Measurable performance indicators for each program.

 

     (c) Desired outcomes or results and goals for each program

 

that can be measured on an annual basis, or desired results for a

 

defined number of years.

 

     (d) Monitored results for each program.

 

     (e) Innovations for each program that may include savings or

 

reductions in administrative costs.

 

     (3) During the annual budget presentation, the department

 

shall provide the senate and house appropriations subcommittees on

 

the department budget the information listed in subsection (2).

 

     Sec. 271. (1) The department shall report 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, the senate and house policy offices, and

 

the state budget director on the progress of child and family

 

services reviews (CFSR). The reviews, conducted in the state by the

 

children's bureau of the United States department of health and

 

human services, are intended to assess the department's compliance

 

with the adoption and safe families act of 1997, Public Law 105-89,

 

111 Stat. 2115, with the ultimate goal of improving the state child

 

welfare system and the safety, permanency, and child and family

 

service outcomes to children and families. The report shall be

 

submitted October 1, January 1, April 1, and July 1.

 


     (2) The report required under subsection (1) shall include the

 

findings and progress of all of the following:

 

     (a) Changes made by the courts with respect to court forms and

 

court rules to meet the statutory requirement.

 

     (b) Department policy changes within the areas of foster care,

 

juvenile justice, and adoption to meet the statutory requirements.

 

     (c) Recommendations made by a workgroup composed of department

 

and other agency stakeholders.

 

     (d) A summary of the 7 systemic factors that determine the

 

state's compliance with the adoption and safe families act of 1997,

 

Public Law 105-89, 111 Stat. 2115.

 

     (e) A summary of the 7 data outcome indicators used to

 

determine the state's compliance with the adoption and safe

 

families act of 1997, Public Law 105-89, 111 Stat. 2115, including

 

the length of time required to achieve family reunification for

 

foster care cases.

 

     (f) Federal recommendations made to the state, including

 

recommendations to the courts.

 

     (g) Federal penalties assessed against the state for

 

noncompliance.

 

     (h) Status of the performance improvement plan submitted to

 

the federal government.

 

     Sec. 272. (1) The department shall report 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, the senate and house policy offices, and

 

the state budget director on the result of the title IV-E foster

 


care eligibility reviews. The reviews, conducted in the state by

 

the United States department of health and human services, are

 

intended to assess the department's compliance with the adoption

 

and safe families act of 1997, Public Law 105-89, 111 Stat. 2115,

 

ensuring the department's case files and payments records meet

 

federal regulations, including standards on eligibility for

 

placement reimbursement and the allowable payment rate. The report

 

shall be submitted October 1, January 1, April 1, and July 1.

 

     (2) The report required under subsection (1) shall include the

 

findings and progress of all of the following:

 

     (a) Training programs conducted by the department, the child

 

welfare institute, the Michigan judicial institute, and any private

 

agencies that have been authorized to provide training.

 

     (b) Changes made by the courts on court forms and rules used

 

in meeting the statutory requirements.

 

     (c) Department policy changes that impact meeting the

 

statutory requirements for foster care and adoption, including

 

juvenile justice programs.

 

     (d) Recommendations made by a department workgroup composed of

 

representatives from the department and other departments and

 

agencies.

 

     (e) Federal recommendations submitted to the state, including

 

recommendations to the courts.

 

     (f) Federal penalties assessed against the state.

 

     Sec. 273. (1) The department shall report no later than

 

October 1, 2005 on each specific policy change made to implement

 

enacted legislation to the senate and house appropriations

 


subcommittees on the department budget, the senate and house

 

standing committees on human services, and the senate and house

 

fiscal agencies and policy offices.

 

     (2) On an annual basis, the department shall provide a

 

cumulative list of all policy changes in the following areas: child

 

welfare services, child support, work first, work requirements,

 

adult and child safety, local staff program responsibilities, and

 

day care. The list shall be distributed to the senate and house

 

appropriations subcommittees on the department budget, the senate

 

and house standing committees dealing with human services, and the

 

senate and house fiscal agencies and policy offices.

 

     (3) Not later than July 1, 2006, 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 the annual regulatory plan

 

submitted to the office of regulatory reform pursuant to section 53

 

of the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.253.

 

     Sec. 274. The department shall report to the house and senate

 

appropriations subcommittees on the department budget, the senate

 

and house fiscal agencies, the senate and house policy offices, and

 

the state budget director as part of the annual budget presentation

 

on each federal grant this state was eligible to apply for, listing

 

both grants applied for and not applied for. This report will cover

 

grants exceeding $100,000.00, related to fatherhood and marriage

 

initiatives, teen pregnancy prevention, kinship care, before- and

 

after-school programs, family preservation and prevention, homeless

 


prevention, and youth in transition.

 

     Sec. 278. (1) The department shall contract with 1 or more

 

private consulting firms for revenue maximization services for all

 

caseload services currently provided by the department. A contract

 

under this section shall specify that the contractor locate waste,

 

fraud, error, and abuse within the department's services and

 

programs.

 

     (2) A contractor shall not charge the department a fee for

 

services provided under subsection (1). However, a contractor shall

 

receive a negotiated percentage of the savings not to exceed 33.3%

 

of the gross savings achieved from implementation of a

 

recommendation made by the contractor under this section.

 

     (3) The department shall retain up to $5,000,000.00 of savings

 

achieved through the revenue maximization services contract as an

 

offset to general fund/general purpose costs. Additional savings

 

shall be allocated within the department for the following

 

purposes:

 

     (a) Technology programs that help maintain an effective and

 

efficient computer system for caseworkers.

 

     (b) Additional staff in order to reduce worker-to-case ratios.

 

     (4) The department shall provide a report to the senate and

 

house appropriations subcommittees on the department budget, senate

 

and house standing committees on human services matters, senate and

 

house fiscal agencies and policy offices, and state budget director

 

by December 31, 2005 on the waste, fraud, error, and abuse located

 

under subsection (1). By April 1, 2006, the department shall

 

provide a progress report including the specific changes

 


implemented to achieve savings under this section and the timetable

 

for implementation of the remaining changes.

 

     Sec. 279. All contracts relating to human services entered

 

into or renewed by the department on or after October 1, 2005 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.  During the annual budget

 

presentation, the department shall provide the senate and house

 

appropriations subcommittees on the department budget with the

 

measurable performance indicators, desired outcomes, and the

 

assessment of the quality of services provided for each contract

 

relating to human services entered into by the department during

 

fiscal year 2005-2006.

 

 

 

EXECUTIVE OPERATIONS

 

     Sec. 304. From funds appropriated in part 1 for demonstration

 

projects, the department shall expend up to $78,500.00 in TANF to

 

fund a school-based crisis intervention demonstration project in

 

Pontiac.

 

 

 

STRONG, INDEPENDENT, AND SELF-SUFFICIENT FAMILIES

 

     Sec. 403. 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. 404. 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, 2005, 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. 414. (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) From the money referred to in subsection (1), the

 

department shall award up to $500,000.00 in competitive grants to

 

organizations based on their education and outreach with the earned

 

income tax credit (EITC). Organizations shall be given preference

 

based on their emphasis 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.

 

     (3) From the money referred to in subsection (1), the

 

department shall award up to $250,000.00 in competitive grants to

 

organizations that seek to provide programs combining education on

 

the EITC with programs building skills for strong marriages,

 

fatherhood, or parenting.

 

     Sec. 415. (1) In expending money appropriated in part 1 for

 

the fatherhood initiative, the department may contract with

 

independent contractors from various counties, including, but not

 


limited to, faith-based and nonprofit organizations. The

 

independent contractors shall provide at least 10% in matching

 

funds, through any combination of local, state, or federal funds or

 

in-kind or other donations. An independent contractor that cannot

 

secure matching funds shall not be excluded from consideration for

 

the fatherhood program.

 

     (2) The department may choose providers that will work with

 

counties to help eligible fathers under TANF guidelines to acquire

 

skills that will enable them to increase their responsible behavior

 

toward their children and the mothers of their children. An

 

increase of financial support for their children should be a very

 

high priority as well as emotional support.

 

     (3) A fatherhood initiative program established under this

 

section shall minimally include at least 3 of the following

 

components: promoting responsible, caring, and effective parenting

 

through counseling; mentoring and parental education; enhancing the

 

abilities and commitment of unemployed or low-income fathers to

 

provide material support for their families and to avoid or leave

 

welfare programs by assisting them to take advantage of job search

 

programs, job training, and education to improve their work habits

 

and work skills; improving fathers' ability to effectively manage

 

family business affairs by means such as education, counseling, and

 

mentoring in household matters; infant care; effective

 

communication and respect; anger management; children's financial

 

support; and drug-free lifestyle.

 

     (4) The department is authorized to make allocations of TANF

 

funds, of not more than 20% per county, under this section only to

 


agencies that report necessary data to the department for the

 

purpose of meeting TANF eligibility reporting requirements.

 

     (5) Upon receipt of the promotion of responsible fatherhood

 

funds from the United States department of health and human

 

services, the department shall use the program criteria set forth

 

in subsection (3) to implement the program with the federal funds.

 

     Sec. 416. (1) In expending money appropriated in part 1 for

 

the marriage initiative, the department may contract with

 

independent contractors from various counties, including, but not

 

limited to, faith-based and nonprofit organizations. The

 

independent contractors shall provide at least 10% in matching

 

funds, through any combination of local, state, or federal funds or

 

in-kind or other donations. An independent contractor that cannot

 

secure matching funds shall not be excluded from consideration for

 

a marriage initiative program.

 

     (2) The department may choose providers to work with counties

 

that will work to support and strengthen marriages of those

 

eligible under the TANF guidelines. The areas of work may include,

 

but are not limited to, marital counseling, domestic violence

 

counseling, family counseling, effective communication, and anger

 

management as well as parenting skills to improve the family

 

structure.

 

     (3) A marriage initiative program established under this

 

section may include, but is not limited to, 1 or more of the

 

following: public advertising campaigns on the value of marriage

 

and the skills needed to increase marital stability and health;

 

education in high schools on the value of marriage, relationship

 


skills, and budgeting; premarital, marital, family, and domestic

 

violence counseling; effective communication; marriage mentoring

 

programs which use married couples as role models and mentors in

 

at-risk communities; anger management; and parenting skills to

 

improve the family structure.

 

     (4) The department is authorized to make allocations of TANF

 

funds, of not more than 20% per county, under this section only to

 

agencies that report necessary data to the department for the

 

purpose of meeting TANF eligibility reporting requirements.

 

     (5) Upon receipt of the healthy marriage promotion grant from

 

the United States department of health and human services, the

 

department shall use the program criteria set forth in subsection

 

(3) to implement the program with the federal funds.

 

     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

 

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.

 

     Sec. 419. The department in collaboration with the Michigan

 

state university center for urban affairs and its partner

 

organizations, the Michigan credit union league and the national

 

federation of community development credit unions, shall further

 

the work begun in fiscal year 1999-2000 that implemented the

 

individual development accounts programs in the growing number of

 

low-income designated credit unions, i.e., community development

 

credit unions (CDCUs) located in this state's poorest communities.

 

This further work will extend capacity-building and technical

 

assistance services to existing and emerging CDCUs serving low-

 

income populations and will include:

 

     (a) Creation of a Michigan-based support system for the

 

capacity-building of existing and emerging CDCUs serving low-income

 

individuals and families, including development and testing of

 

training, technical assistance, and professional development

 

initiatives and related materials, and other capacity-building

 

services to Michigan CDCUs.

 

     (b) Other related support to assist existing and emerging

 

CDCUs in becoming self-supporting institutions to assist

 

impoverished Michigan residents in becoming economically

 

independent.

 

     (c) Training and technical assistance to CDCUs in the

 


development of support services, such as economic literacy, credit

 

counseling, budget counseling, and asset management programs for

 

low-income individuals and families.

 

     Sec. 420. From the funds appropriated in part 1 for employment

 

and training support services, the department may allocate

 

$40,000.00 in TANF for welfare to career innovation grants to

 

replicate the Kent County model with Cascade engineering.

 

     Sec. 421. 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. The department shall provide any training materials

 

requested by the private agencies to facilitate this training. The

 

intent of the legislature is to reduce training and travel costs

 

for both the department and the private agencies. The department

 

shall apply for necessary federal approval or waivers to allow

 

private agencies to provide appropriate training in compliance with

 

this state's title IV-E plan.

 

     Sec. 423. (1) From the money appropriated in part 1 for food

 

for the elderly, the department shall allocate money to assist the

 

state's elderly population to participate in the food assistance

 

program. The money may be used as state matching funds to acquire

 

available United States department of agriculture funding to

 

provide outreach program activities, such as eligibility screening

 

and information services, as part of a statewide food stamp

 

helpline.

 

     (2) The department may accept any private money that may be

 

donated to the department to support food stamp outreach efforts in

 


this state. The department shall request a waiver from the United

 

States department of agriculture to permit the donated private

 

money to be used as a match to obtain additional federal food stamp

 

outreach funds from the United States department of agriculture.

 

The department shall use both the private donated money and any

 

federal match funds that may be available as a result of the

 

donated money to contract for additional outreach services as

 

authorized by the department's United States department of

 

agriculture-approved food stamp outreach plan.

 

     (3) The department shall make available $25,000.00 for a food

 

stamp error rate reduction project in Muskegon County and

 

$25,000.00 for a food stamp error rate reduction project in Kent

 

County.

 

 

 

PERMANENCY FOR CHILDREN

 

     Sec. 501. The following goal is established by state law.

 

During fiscal year 2005-2006, 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. By January

 

15, 2006, 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 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. 504. The department's ability to satisfy appropriation

 

deducts in part 1 for foster care private collections shall not be

 

limited to collections and accruals pertaining to services provided

 

only in the current fiscal year but shall include revenues

 

collected during the fiscal year in excess of the amount specified

 

in part 1.

 

     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 in an

 

amount not to exceed $800,000.00.

 

     (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 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.

 

     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 contracts with service providers if currently only 1 provider

 

in the service area exists.

 

     Sec. 513. The department shall not expend funds appropriated

 

in part 1 to pay for the placement of a child in an out-of-state

 

facility unless all of the following conditions are met:

 

     (a) There is no appropriate placement available in this state.

 

     (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.

 

     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, 2006, 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, socioeconomic status,

 

race, and ethnicity and whether the perpetrator exposed the child

 

victim to criminal drug activity, including the manufacture of

 

illicit drugs, that exposed the child victim to significant health

 

and environmental hazards.

 

     (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 number of cases in category III closed during the time

 

period covered by the report categorized as follows:

 

     (i) Transfer to foster care.

 

     (ii) Risk of further child abuse or neglect has been reduced to

 

an acceptable level.

 

     (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.

 

     Sec. 515. From the funds appropriated in part 1 for foster

 

care payments and Wayne County foster care payments and related

 

administrative costs, the department shall implement a performance

 


based managed care approach to contracting for foster care services

 

with private, nonprofit agencies. The goal of these contracts shall

 

be to provide incentives for agencies to improve the process of

 

placing children in permanent placements and reducing the time

 

children spend in foster care. 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 office on this foster care permanency program

 

and make recommendations for program expansion to all the counties

 

of this state no later than August 30, 2006. The department shall

 

develop these recommendations with sufficient detail that

 

permanency programs may be implemented as soon as possible after

 

September 30, 2006.

 

     Sec. 517. (1) From the funds appropriated in part 1, the

 

department is authorized to allocate funds to multipurpose

 

collaborative bodies to address issues raised in the Binsfeld

 

children's commission report issued in July 1996. Priority for

 

activities and services will be given to at-risk children and

 

families and cases classified by the department as category III or

 

category IV under sections 8 and 8d of the child protection law,

 

1975 PA 238, MCL 722.628 and 722.628d.

 

     (2) Funds appropriated in part 1 for zero to three may be used

 

to fund community-based collaborative prevention services designed

 

to do any of the following:

 

     (a) Foster positive parenting skills especially for parents of

 

children under 3 years of age.

 

     (b) Improve parent/child interaction.

 


     (c) Promote access to needed community services.

 

     (d) Increase local capacity to serve families at risk.

 

     (e) Improve school readiness.

 

     (f) Support healthy family environments that discourage

 

alcohol, tobacco, and other drug use.

 

     (3) The appropriation provided for in subsection (2) is to

 

fund secondary prevention programs as defined in the children's

 

trust fund's preapplication materials for fiscal year 2005-2006

 

direct services grants.

 

     (4) Projects funded through the appropriation provided for in

 

subsection (2) shall meet all of the following criteria:

 

     (a) Be awarded through a joint request for proposal process

 

established by the department in conjunction with the children's

 

trust fund and the state human services directors.

 

     (b) Be secondary prevention initiatives. Funds are not

 

intended to be expended in cases in which neglect or abuse has been

 

substantiated.

 

     (c) Demonstrate that the planned services are part of a

 

community's integrated comprehensive family support strategy

 

endorsed by the local multipurpose collaborative body.

 

     (d) Provide a 25% local match of which not more than 10% is

 

in-kind goods or services unless the maximum percentage is waived

 

by the state human services directors.

 

     (5) As used in this section, "state human services directors"

 

means the director of the department of community health, the

 

director of the department of education, and the director of the

 

department.

 


     Sec. 523. (1) From the funds appropriated in part 1 for youth

 

in transition, domestic violence prevention and treatment, and

 

teenage parent counseling, 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.

 

     (2) The agencies receiving teenage parent counseling TANF

 

funds shall report to the department on both of the following:

 

     (a) Whether program services have impacted the following issue

 

areas:

 

     (i) The number of teen participants having fewer repeat

 

pregnancies.

 

     (ii) The completion rate for high school diplomas or GEDs.

 

     (iii) The teen participants' rate of self-sufficiency.

 

     (iv) The number of father participants.

 

     (b) How many teens participate in the programs and have access

 

to any or all of the following services:

 

     (i) Adult supervised, supportive living arrangements.

 

     (ii) Pregnancy prevention services or referrals.

 

     (iii) Required completion of high school or receipt of GED,

 

including child care to assist young mothers to focus on

 

achievement.

 

     (iv) Support services, including, but not limited to, health

 

care, transportation, and counseling.

 

     (v) Parenting and life-skills training.

 

     (vi) Education, job training, and employment services.

 

     (vii) Transition services in order to achieve self-sufficiency.

 


     (viii) Instruction on self-protection.

 

     (3) Agencies receiving teenage parent counseling funds shall

 

provide at least 10% in matching funds, through any combination of

 

local, state, or federal funds or in-kind or other donations.

 

     Sec. 524. The department shall report on prevention programs

 

for which funds are appropriated in part 1 to the senate and house

 

appropriations subcommittees on the department budget during the

 

annual budget presentation. The report shall contain all of the

 

following for each program:

 

     (a) The average cost per recipient served.

 

     (b) Measurable performance indicators.

 

     (c) Desired outcomes or results and goals that can be measured

 

on an annual basis, or desired results for a defined number of

 

years.

 

     (d) Monitored results.

 

     (e) Innovations that may include savings or reductions in

 

administrative costs.

 

     Sec. 531. (1) From the funds appropriated in part 1, the

 

department shall make claims for and pay to local units of

 

government a portion of federal title IV-E revenues earned as a

 

result of eligible costs incurred by local units of government.

 

     (2) The department shall make payments under subsection (1)

 

only to local units of government that have entered into formal

 

agreements with the department. The agreement must include all of

 

the following:

 

     (a) Provide for the department to retain 50% of the federal

 

revenues earned.

 


     (b) Provide for department review and approval of the local

 

unit's plan for allocating costs to title IV-E.

 

     (c) Provide for the local unit of government to submit bills

 

at times, and in the format, specified by the department.

 

     (d) Specify that the local unit of government is responsible

 

for meeting all federal title IV-E regulation requirements,

 

including reporting requirements, with regard to the activities and

 

costs being billed to title IV-E.

 

     (e) Provide for the local unit of government to pay the state

 

for the amount of any federal revenues paid to the local unit that

 

may subsequently be disallowed by the federal government.

 

     (f) Be signed by the director of the department, the chief

 

executive officer of the local government agency providing the

 

title IV-E services, the chair of the county board of

 

commissioners, and the chief executive officer of the county.

 

     Sec. 532. (1) The department, in collaboration with

 

representatives of private child and family agencies, shall

 

continue to review policies, practices, and procedures involving

 

the annual licensing review and the annual contract compliance

 

review conducted by the department regarding child placing agencies

 

and child caring institutions. The review shall include efforts to

 

identify duplication of staff activities and information sought

 

from child placing agencies and child caring institutions in the

 

annual review process.

 

     (2) The department shall develop a streamlined licensing

 

contract compliance review process where possible, including

 

potential for utilizing deeming status for nationally accredited

 


agencies. 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 or before January 15, 2006 on the implementation of the

 

licensing and contract compliance review process.

 

     Sec. 533. (1) The department shall make payments to private

 

nonprofit child placing facilities for title IV-E out-of-home care

 

services within 30 days of receiving all necessary documentation

 

from those agencies.

 

     (2) The department shall explore various types of automated

 

payments to private nonprofit child placing facilities to improve

 

speed and accuracy of payments.

 

     Sec. 536. The department shall not implement a geographically

 

based assignment system for foster care unless determined to be in

 

the best interests of the foster children.

 

     Sec. 537. (1) The department shall offer private nonprofit

 

licensed agencies the first opportunity to provide foster care

 

services for new foster children entering the system in a county

 

when the department's direct care caseload for foster care is

 

greater than 20 cases per foster care worker. This section only

 

applies if the private nonprofit licensed agency has an available

 

placement at the time the child needs to be placed, the placement

 

is not contrary to the best interests of the child or the child's

 

siblings, and the private nonprofit licensed agency has a direct

 

care caseload for foster care that is no greater than 20 cases per

 

foster care caseworker.

 

     (2) The department, in conjunction with private child placing

 


agencies, shall develop a methodology for measuring goals,

 

objectives, and performance standards for the delivery of foster

 

care and adoption services. These goals, objectives, and

 

performance standards shall apply to both public and private

 

delivery of child welfare services, and data shall be collected

 

from both private and public child welfare programs that can be

 

used to evaluate performance achievements, including, but not

 

limited to, the following:

 

     (a) Average caseload per foster care worker.

 

     (b) Average cost per case to the department and any other

 

governmental agency.

 

     (c) Range of services provided.

 

     (d) Program outcomes, including the average length of stay in

 

residential treatment and foster care.

 

     (3) The department shall submit a quarterly report to the

 

legislature, beginning December 31, 2005, outlining the progress of

 

the development of the goals, objectives, and performance

 

standards, as well as the information collected through the

 

implementation of the measurement program.

 

     (4) The department, in collaboration with child placing

 

agencies, shall develop a strategy for implementing the

 

requirements of MCL 400.115o. As part of the implementation

 

strategy, the department caseworkers responsible for the

 

preparation of recommendations to the court for juvenile placements

 

shall provide, as part of the placement recommendation, information

 

regarding the requirements.

 

     Sec. 539. The department shall work in collaboration with

 


representatives from private nonprofit child placing agencies to

 

ensure appropriate placement for children who have been adjudicated

 

abused, neglected, or delinquent and for whom residential treatment

 

is required. The department and the representatives from the

 

private nonprofit child placing agencies shall focus on statewide

 

placement criteria to address the best interest of the child in

 

need of services. The placement criteria shall include a continuum

 

of care settings and options as appropriate for each child and his

 

or her needs at specific times, including home placements, relative

 

placements, shelter placements, and other options.

 

     Sec. 540. Counties shall be subject to 50% charge-back 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. 541. 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. 542. As a condition of receiving funds appropriated in

 

part 1 for the child care fund, by February 15, 2006, counties

 

shall have an approved service spending plan for the fiscal year

 

ending September 30, 2006. Counties must submit the service

 

spending plan to the department by December 15, 2005 for approval.

 


     Sec. 544. The department shall consider approval of pilot

 

projects with applications pending for accelerated residential

 

treatment.

 

     Sec. 545. (1) The department shall implement a new specialized

 

foster care system based upon the report and recommendations

 

required in section 545(2) of 2004 PA 344.

 

     (2) The department shall report to the senate and house

 

appropriations subcommittees for the department budget on the

 

number of new specialized foster care programs required under

 

section 545(3) of 2004 PA 344 not later than January 15, 2006.  If

 

no new specialized foster care programs have been authorized, the

 

department shall provide an explanation, a list of all applicants

 

who applied but were denied, and a strategic plan to provide for

 

new specialized foster care programs. 

 

     (3) The department shall use money appropriated in part 1 for

 

foster care payments and Wayne County foster care payments to

 

reduce rate disparities between providers of similar services in

 

different geographic areas and to serve as demonstration projects

 

for further efforts in reducing these disparities in future years.

 

     Sec. 548. (1) The director of the department shall convene a

 

task force to study the disproportionate representation of African-

 

American and other children of color in the child welfare and

 

juvenile justice systems of this state. The department shall

 

collaborate with private sector entities to develop a methodology

 

for the task force to follow in conducting the study and to seek

 

public or private funding for the task force. At a minimum, the

 

task force shall examine the level of involvement of African-

 


American and other children of color at each stage in the systems,

 

including the points of entry and each point at which a treatment

 

decision is made and the outcomes for children exiting the systems.

 

     (2) The task force convened under subsection (1) shall consist

 

of experts in social work, law, child welfare, psychology, or

 

related fields, and shall be appointed as follows:

 

     (a) Two members appointed by the senate majority leader.

 

     (b) Two members appointed by the speaker of the house.

 

     (c) Three members appointed by the governor, including a

 

representative of the department.

 

     (3) The task force created under subsection (1) shall report

 

to the department on the results of the study required by

 

subsection (1) and make administrative and legislative

 

recommendations for appropriate program services to reduce existing

 

disparities and bias in the systems and improve the long-term

 

outcomes for children of color who are served by the systems.

 

     (4) By December 31, 2006, the department shall report the

 

results of the study received under subsection (3) to the senate

 

and house appropriations subcommittees on the department budget,

 

the senate and house standing committees with jurisdiction over

 

families and human services issues, the senate and house fiscal

 

agencies and policy offices, and the state budget office.

 

     Sec. 549. The department shall meet with personnel employed by

 

the office of the children's ombudsman and the state court

 

administrative office's foster care review board to investigate

 

streamlining the oversight process for child welfare services. The

 

intent of the legislature is to ensure appropriate and adequate

 


oversight while reducing duplication and redundancy between

 

government offices.

 

     Sec. 550. (1) The department shall develop, in cooperation

 

with the department of community health or other appropriate

 

medical or health experts, materials for distribution to foster

 

care parents and families on the health risks to children from use

 

of tobacco and secondhand smoke.

 

     (2) The department, using public and private resources, shall

 

implement a pilot program to offer foster care parents nicotine

 

patches or other smoking cessation products to reduce the health

 

risk to foster children.

 

     (3) The department shall report to the senate and house

 

appropriations subcommittees for the department budget on the

 

results of the pilot program implemented under subsection (2) not

 

later than September 30, 2006.

 

     Sec. 551. The department shall submit a report not later than

 

September 30, 2006 to the senate and house appropriations

 

subcommittees on the department budget that includes the number of

 

children in foster homes where parents smoke, the subsequent health

 

costs incurred, and what the impact would be on foster care

 

recruitment if being a nonsmoker was a requirement for foster

 

parenting.

 

     Sec. 552. (1) The director of the department shall convene a

 

task force to be known as the interdepartmental task force on

 

services to at-risk youth transitioning to adulthood.  The task

 

force shall perform all of the following with respect to services

 

to at-risk youth:

 


     (a) Assess currently available services.

 

     (b) Determine the extent of coordination and cooperation among

 

currently available programs and services administered by the

 

department and by other departments and agencies of this state.

 

     (c) Identify methods to enhance coordination of current

 

services delivery.

 

     (d) Identify potential available public and private resources

 

and services.

 

     (e) Develop a plan to ensure that all current public and

 

private resources and services are effectively organized and

 

available.

 

     (f) Recommend actions to enhance services.

 

     (2) The director of the department shall seek participation on

 

the task force created under subsection (1) from all of the

 

following:

 

     (a) The director of the department of community health or the

 

director's designee.

 

     (b) The director of the department of labor and economic

 

growth or the director's designee.

 

     (c) The superintendent of public instruction or the

 

superintendent's designee.

 

     (d) The state court administrator or his or her designee.

 

     (e) The association for children's mental health.   

 

     (f) The children's chapter of the courts of Michigan.

 

     (g) The Michigan probate judges association.

 

     (h) The Michigan community mental health boards.

 

     (i) Fight crime: invest in kids – Michigan.

 


Senate Bill No. 271 as amended June 15, 2005

     (j) The Michigan association of school administrators.

 

     (k) The Michigan association of united ways.

 

     (l) The Michigan council on crime and delinquency.

 

     (m) The Michigan federation for children and families.

 

     (n) The Michigan network for youth and families.

 

     (o) Michigan's children.

 

     (p) The school–community health alliance of Michigan.

 

     (q) The student advocacy center of Michigan.

 

     (r) The Skillman foundation.

 

     (s) The W.K. Kellogg foundation.

 

     (t) The C.S. Mott foundation.

 

     (u) The Frey foundation.

 

     (v) The Annie E. Casey foundation.

 

     (w) Youth and adults who are currently or were formerly served

 

by 1 or more services provided by the department to at-risk youth.

     <<(x) Representatives of faith-based organizations.>>

     (3) By June 30, 2006, the task force created under subsection

 

(1) shall report to the department.  The report shall include the

 

task force findings, assessments, plan, and recommendations under

 

subsection (2).

 

     (4) By September 30, 2006, the department shall provide to the

 

senate and house of representatives standing committees with

 

primary jurisdiction over human service matters, the senate and

 

house of representatives appropriations subcommittees for the

 

department budget, the senate and house fiscal agencies and policy

 

offices, and the state budget office the task force's report under

 

subsection (3) and identify any actions the department has taken or

 

intends to take as a result of the report.

 


 

 

OPPORTUNITY FOR ADULTS TO LIVE AND WORK IN THE COMMUNITY

 

     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

 

section 402 of title IV of the personal responsibility and work

 

opportunity reconciliation act of 1996, 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 family independence agencies shall require

 

each recipient of 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

 

state disability assistance program upon receipt of retroactive

 

supplemental security income benefits.

 

     Sec. 607. The department's ability to satisfy appropriation

 

deductions in part 1 for state disability assistance/supplemental

 

security income recoveries and public assistance recoupment

 

revenues shall not be limited to recoveries and accruals pertaining

 

to state disability assistance, or family independence assistance

 

grant payments provided only in the current fiscal year, but shall

 


include all related net recoveries received during the current

 

fiscal year.

 

     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 fiscal year beginning October 1, 2005 and ending

 

September 30, 2006.

 

     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. (1) The department shall not require providers of

 

burial services to accept state payment for indigent burials as

 

payments in full. Each provider shall be permitted to collect

 

additional payment from relatives or other persons on behalf of the

 


deceased. The total in additional payments shall not exceed

 

$2,600.00.

 

     (2) Any additional payment collected pursuant to subsection

 

(1) shall not increase the maximum charge limit for state payment

 

as established by law.

 

     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 funds appropriated in part 1 for state

 

emergency relief, the maximum allowable charge limit for indigent

 

burials shall be $909.00. The funds shall be distributed as

 

follows: $579.00 for funeral directors; $192.00 for cemeteries or

 

crematoriums; and $138.00 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 or emergency shelter providers who may, as a normal part of

 

doing business, provide food or emergency shelter to individuals.

 

     Sec. 616. The appropriation in part 1 for the weatherization

 


program shall be expended in such a manner 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 assistance.

 

     (b) State disability assistance.

 

     (c) Food assistance.

 

     (d) Supplemental security income.

 

     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.

 

     Sec. 619. The department shall exempt from the denial of title

 

IV-A assistance and food assistance benefits, contained in section

 

115 of title I of the personal responsibility and work opportunity

 

reconciliation act of 1996, 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. 621. Funds appropriated in part 1 may be used to support

 

multicultural assimilation and support services. The department

 

shall distribute all of the funds described in this section based

 

on assessed community needs.

 

     Sec. 627. (1) From the funds appropriated in part 1 for day

 

care services, the department may contract to administer an amount

 

not to exceed $1,350,000.00 for the "enhance quality improvement

 

program" (EQUIP) grants. A priority for the expenditure of EQUIP

 

funds shall be given to providers to expand access to child care,

 

specifically 24-hour care, care for children of parents working

 

evening or night shifts, and weekend care. A child care program

 

shall not be eligible for an EQUIP grant unless 25% or more of its

 


clients receive day care payments from the department.

 

     (2) From the funds appropriated in part 1 for day care

 

services, the department may establish an additional fund of at

 

least $350,000.00 for a grant pool for an "enhance quality

 

improvement program" (EQUIP) specifically to establish new family

 

and group home day care providers.

 

     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 6 business days 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. 641. In collaboration with Central Michigan University,

 

the department shall develop and disseminate read, educate, and

 

develop youth (R.E.A.D.Y) kits to parents of preschool and

 

kindergarten children to provide these parents with information

 

about how they can prepare their children for reading success.

 

     Sec. 643. As a condition of receipt of federal TANF funds,

 

homeless shelters 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 shelter contracts, 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 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. 648. From the funds appropriated in part 1 for public

 

assistance, the department may make assistance payments to

 

recipients beyond the 5-year limit set by the personal

 

responsibility and work opportunity reconciliation act of 1996,

 

Public Law 104-193, 110 Stat. 2105, providing the recipient is

 

complying with asset, income, and participation standards set as a

 

condition of eligibility to receive assistance and clearly

 

demonstrates that he or she is making progress in becoming self-

 

sufficient.

 

     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

 

section 6(o)(6) of the food stamp act of 1977, 7 USC 2015. This

 

exemption can be extended an additional 3 months upon demonstration

 

of continuing need.

 

     Sec. 657. (1) The department shall fund a statewide before- or

 

after-school program to provide youth with a safe, engaging

 

environment to motivate and inspire learning outside the

 

traditional classroom setting. Before- or after-school program

 

eligibility is limited to geographic areas near school buildings

 

that do not meet federal no child left behind annual yearly

 


progress (AYP) requirements and that include the before- or after-

 

school programs in the AYP plans as a means to improve outcomes.

 

Before-school programs are limited to elementary school-aged

 

children. Effective before- or after-school programs combine

 

academic, enrichment, and recreation activities to guide learning

 

and inspire children and youth in various activities. The before-

 

or after-school programs can meet the needs of the communities

 

served by the programs.

 

     (2) The department shall work in collaboration with

 

independent contractors to put into practice a program establishing

 

quality before- or after-school programs for children in

 

kindergarten to ninth grades. In order for an independent

 

contractor to receive TANF funds, a child served must be a member

 

of a family with an income that does not exceed 200% of the federal

 

poverty guidelines published by the United States department of

 

health and human services.

 

     (3) The department shall, through a competitive bid process,

 

provide grants or contracts up to $5,000,000.00 in TANF funds for

 

the program based on community needs. A county shall receive no

 

more than 20% of the funds appropriated in part 1 for this program.

 

From the funds appropriated in part 1 for before- or after-school

 

programs within day care services, the department is authorized to

 

make allocations of funds only to the agencies that report

 

necessary data to the department for the purpose of meeting TANF

 

and maintenance of effort eligibility reporting requirements. The

 

use of funds under this section should not be considered an ongoing

 

commitment of funding.

 


     (4) The before- or after-school programs shall include

 

academic assistance, including assistance with reading and writing,

 

and at least 3 of the following topics:

 

     (a) Abstinence-based pregnancy prevention.

 

     (b) Chemical abuse and dependency including nonmedical

 

services.

 

     (c) Gang violence prevention.

 

     (d) Preparation toward future self-sufficiency.

 

     (e) Leadership development.

 

     (f) Case management or mentoring.

 

     (g) Parental involvement.

 

     (h) Anger management.

 

     (5) The department may enter into grants or contracts with

 

independent contractors including, but not limited to, faith-based

 

organizations, boys or girls clubs, schools, or nonprofit

 

organizations. The department shall grant priority in funding

 

independent contractors who secure at least 25% in matching funds.

 

The matching funds may either be fulfilled through local, state, or

 

federal funds, and/or through in-kind or other donations.

 

     (6) A referral to a program may be made by, but is not limited

 

to, any of the following: a teacher, counselor, parent, police

 

officer, judge, or social worker.

 

     (7) By January 30, 2006, the department before- or after-

 

school program expenditures shall be audited and the department

 

shall work in collaboration with independent contractors to provide

 

a report on the before- or after-school program to the senate and

 

house standing committees dealing with human services, the senate

 


and house appropriations subcommittees for the department budget,

 

the senate and house fiscal agencies, and the senate and house

 

policy offices. The report shall include the number of participants

 

and the average cost per participant, as well as changes noted in

 

program participants in any of the following categories:

 

     (a) Juvenile crime.

 

     (b) Aggressive behavior.

 

     (c) Academic achievement.

 

     (d) Development of new skills and interests.

 

     (e) School attendance and dropout rates.

 

     (f) Behavioral changes in school.

 

     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 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 earned income tax credit. The department

 

shall report on the efforts to increase participation 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 policy offices, and the state

 

budget director no later than December 31, 2005.

 

     Sec. 668. (1) In coordination with the Michigan alliance of

 

boys and girls clubs, the department may expend $250,000.00 in TANF

 

funds to make allocations for a statewide collaborative project to

 

develop a community-based program available to children ages 6 to

 

15.

 

     (2) The department shall make allocations of TANF funds under

 

this section only to agencies that report necessary data to the

 

department for the purpose of meeting the TANF eligibility

 

reporting requirements. The use of TANF funds under this section

 

should not be considered an ongoing commitment.

 

     (3) The department shall grant priority in funding to programs

 

that provide at least 10% in matching funds. The matching funds

 

requirement shall be fulfilled through any combination of local,

 

state, or federal funds or in-kind or other donations. A program

 

that cannot meet the matching requirement shall not be excluded

 

from applying for a contract.

 

     Sec. 669. (1) The department shall distribute cash and food

 

assistance to recipients electronically by using debit cards.

 

     (2) The department shall allocate up to $7,167,500.00 for the

 

annual clothing allowance. The allowance shall be granted to all

 


eligible children as defined by the department.

 

     Sec. 670. The funds appropriated in part 1 for kinship care in

 

the fiscal year ending September 30, 2006 reflect the legislature's

 

commitment to reduce the benefit discrepancy between kinship care

 

and a similar family size within the family independence agency

 

program (FIP). The legislature recognizes the commitment of

 

relatives to provide family continuity, nurturance, and care for

 

this special population of children who can no longer remain in

 

their parents' care due to abuse, neglect, or other social

 

problems.

 

     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. The department shall develop and implement a plan to

 

reduce waste, fraud, and abuse within the child day care program,

 

including feasibility for expanding wage match and employer

 

verification, unannounced home call verification at day care sites,

 

compliance with recommendations of the auditor general in the May

 

2005 performance audit of the child day care and child welfare

 

licensing divisions, and other process changes. Beginning December

 

31, 2005, the department shall report annually 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 plan details and implementation status.

 

     Sec. 675. The department shall utilize the most recent market

 

rate survey to explore potential costs to implement a child day

 


care rate structure that more accurately reflects the costs of care

 

by vicinity. By March 1, 2006, the department shall report the

 

results of the analysis to the senate and house subcommittees on

 

the department budget, the senate and house fiscal agencies and

 

policy offices, and the state budget office.

 

     Sec. 676. (1) The department shall collaborate with the state

 

board of education to extend the duration of the Michigan after-

 

school partnership and oversee its efforts to implement the policy

 

recommendations and strategic next steps identified in the Michigan

 

after-school initiative's report of December 15, 2003.

 

     (2) From the funds appropriated in part 1, $25,000.00 may be

 

used to support the Michigan after-school partnership and shall be

 

used to leverage other private and public funding to engage the

 

public and private sectors in building and sustaining high-quality

 

out-of-school-time programs and resources. The co-chairs shall name

 

a fiduciary agent and may authorize the fiduciary to expend funds

 

and hire people to accomplish the work of the Michigan after-school

 

partnership.

 

     (3) Each year, on or before December 31, the Michigan after-

 

school partnership shall report its progress in reaching the

 

recommendations set forth in the Michigan after-school initiative's

 

report to the senate and house committees on appropriations, the

 

senate and house fiscal agencies and policy offices, and the state

 

budget director.

 

     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 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. The department shall provide the senate and house of

 

representatives appropriations subcommittees on the department

 

budget with the cost and revenue implications for the early

 

childhood investment corporation (ECIC) at least 3 months before a

 

request for a transfer or supplemental appropriation. Additionally,

 

all contracts entered into shall be bid out through a statewide

 

request-for-proposal process, and the department shall report to

 

the senate and house of representatives appropriations

 

subcommittees on the department budget on the selection criteria

 

for establishing contracts with intermediate school districts at

 

least 30 days prior to the issuance of a request for a proposal.

 

The department shall report to the senate and house of

 

representatives appropriations subcommittees on the department

 

budget by October 1, 2005 at least the following information

 

related to the status of the ECIC:

 

     (a) The cost.

 


     (b) The implementation plan.

 

     (c) The projected funding sources.

 

     (d) All contracts entered into by the department.

 

 

 

JUVENILE REHABILITATION SERVICES

 

     Sec. 702. Expansion of facilities funded under part 1 for

 

juvenile justice services shall not be authorized by the joint

 

capital outlay subcommittee of the appropriations committees until

 

the department has held a public hearing in the community where the

 

facility proposed to be expanded is located.

 

     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. 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.

 

     (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) Trends in census and population demographics.

 

     (b) Program outcomes.

 

     (c) Staff and resident safety.

 

     (d) Facility profile.

 

     (e) Fiscal information necessary for qualitative understanding

 

of program operations and comparative costs of public and private

 

facilities.

 

     Sec. 714. (1) The department shall provide technical

 

assistance for counties to develop information networks including,

 

but not limited to, serious habitual offenders comprehensive action

 

program (SHOCAP), juvenile justice on-line technology (JJOLT), and

 

juvenile violent reporting system (JVRS).

 

     (2) The department shall assist counties in identifying

 

funding sources for the networks, including, but not limited to,

 

the child care fund and the juvenile accountability incentive block

 

grant.

 

     (3) The local units of government shall report to the

 

department on expenditures of their juvenile justice information

 

networks in concert with their requests for reimbursement from the

 

child care fund.

 

     (4) 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 by January 15, 2006 on department efforts to encourage

 

county information networks development described in subsection

 

(1).

 

     Sec. 715. (1) It is the intent of the legislature that the

 

primary function of the juvenile justice system shall be to promote

 

the protection of individuals and communities through the reduction

 

of juvenile crime.

 

     (2) 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 by October 30, 2005 on the status of implementing

 

recommendations of the 2001 joint house and senate task force on

 

juvenile justice, including, but not limited to, the following:

 

     (a) Mentoring programs that focus on improving communication

 

and collaboration, encourage quality mentoring programs,

 

recruitment of mentors, and increasing public awareness of and

 

participation in programs for at-risk youth.

 

     (b) Discussion of programs relating to juvenile information

 

networks as an Internet-based communication tool that assists with

 

case management of juvenile offenders in the area.

 

     (c) Discussion of the possibility of implementing a program

 

modeled after the "Wisconsin citizenship initiative" to collaborate

 

with the before- or after-school programs offered under the

 

authority of this act.

 

     (d) Exploration of the option of a summit conducted via the

 

Internet to discuss measures relating to the prevention and

 

intervention of at-risk youth.

 


     (e) Discussion of California's "8% early intervention" program

 

that focuses on aggressive early intervention and treatment of

 

young, high at-risk juvenile offenders and their families.

 

     (f) Multisystem therapy.

 

     (g) Youth service projects.

 

     (h) Community services projects.

 

     Sec. 719. The department shall notify the legislature at least

 

30 days before closing or making any change in the status of a

 

state juvenile justice facility.

 

     Sec. 720. (1) The goal of high security juvenile services

 

funded in part 1 shall be to protect the general public from

 

dangerous juvenile offenders while providing rehabilitation

 

services to those offenders to safely prepare them for entry into

 

society.

 

     (2) The department shall take into consideration the

 

recommendations on a methodology for measuring goals, objectives,

 

and performance standards developed in conjunction with private

 

providers of juvenile justice residential programs required in

 

section 705 of 2004 PA 344.

 

     (3) The department shall allocate money to public and private

 

providers of high security juvenile services based on their ability

 

to demonstrate results in all of the following:

 

     (a) Lower recidivism rates.

 

     (b) Higher school completion rates or GED completion rates.

 

     (c) Shorter average stays in a residential facility. 

 

     (d) Lower average cost per resident.

 

     (e) Availability of appropriate services to residents.

 


     (4) The department shall comply with section 115o of the

 

social welfare act, 1939 PA 280, MCL 400.115o, regarding placement

 

of juvenile offenders, and shall refer to that statutory

 

requirement in making referral recommendations to courts for secure

 

residential programs.

 

     (5) The department shall require, if possible and practical,

 

that aftercare services for a juvenile offender be provided by the

 

same organization or provider that provided residential care for

 

that juvenile.

 

     Sec. 721. (1) The goal of medium or low security juvenile

 

services shall be effective treatment of juvenile offenders to

 

safely prepare them for entry into society.

 

     (2) The department shall allocate money to public and private

 

providers of medium or low security juvenile services based on

 

their ability to demonstrate results in all of the following:

 

     (a) Reduced rates of recidivism.

 

     (b) Higher rates of high school or GED completion.

 

     (c) Shorter average stays in a residential facility.

 

     (d) Availability of appropriate services to residents.

 

     (3) The department shall comply with section 115o of the

 

social welfare act, 1939 PA 280, MCL 400.115o, regarding the

 

placement of juvenile offenders, and shall refer to that statutory

 

requirement in making referral recommendations to courts for

 

residential treatment programs.

 

     (4) The department shall require, if possible and practical,

 

that aftercare services for a juvenile offender be provided by the

 

same program or provider that provided treatment for the juvenile

 


in residential care.

 

     Sec. 722. (1) The goal of juvenile justice day programs shall

 

be the effective treatment and rehabilitation of juvenile offenders

 

in appropriate community settings.

 

     (2) The department shall allocate money to public and private

 

providers of juvenile justice day programs based on their ability

 

to demonstrate results in all of the following:

 

     (a) Reduced rates of recidivism.

 

     (b) Higher rates of high school or GED completion.

 

     (c) Availability of appropriate services to offenders.

 

     Sec. 723. A 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 separate residents of each security level.

 

 

 

LOCAL OFFICE SERVICES

 

     Sec. 750. The department shall maintain out-stationed

 

eligibility specialists in community-based organizations and

 

hospitals in the same locations as in fiscal year 2003-2004.

 

     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.

 

     Sec. 753. The department shall implement the recommendations

 

of the 2004 public private partnership initiative's training

 

committee to define, design, and implement a train-the-trainer

 

program to certify private agency staff to deliver child welfare

 

staff training, explore the use of e-learning technologies, and

 

include consumers in the design and implementation of training. The

 

intent of the legislature is to reduce training and travel costs

 

for both the department and the private agencies. The department

 

shall report no later than December 1, 2005 on each specific policy

 

change made to implement enacted legislation and the plans to

 

implement the recommendations, including time lines, to the senate

 

and house appropriations subcommittees on the department budget,

 

the senate and house standing committees on human services matters,

 


the senate and house fiscal agencies and policy offices, and the

 

state budget director.

 

 

 

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 school teachers.

 

 

 

CHILD SUPPORT ENFORCEMENT

 

     Sec. 901. (1) From the federal money received for child

 

support incentive payments, up to $15,397,400.00 shall be retained

 

by the state and expended for legal support contracts and child

 

support program expenses.

 

     (2) From the amounts retained by the state under subsection

 

(1), the state shall pay through the legal support contracts with

 

counties for friend of the court and prosecuting attorney services

 

the same local match supplement that was paid in fiscal year 2003-

 

2004.

 

     (3) The aggregate payment to counties shall be not less than

 

the amount paid in fiscal year 2000-2001.  If the payment to the

 

state from the federal government is less than was paid in fiscal

 

year 2000-2001, the payment to the counties shall be prorated in a

 

like percentage amount.

 

     (4) Notwithstanding any other provision of this act, the

 

amounts appropriated in part 1 for child support automation and

 


child support automation improvement are designated as work

 

projects, and any unexpended funds at the conclusion of the fiscal

 

year shall be carried forward for continuation of improvements.

 

     (5) It is the intention of the legislature that, in addition

 

to the money required annually for maintenance and operation of the

 

child support computer system (MiCSES) that an additional

 

$17,800,000.00 will be provided for use in fiscal year 2005-2006

 

and fiscal year 2006-2007 to fix and improve the system.  The

 

department, through the office of child support leadership group,

 

shall provide quarterly reports to the legislature concerning the

 

money expended and the improvements made as a result of this

 

subsection.

 

     (6) If collections from the revenue sources identified to fix

 

and improve the system fall short of money appropriated in this

 

act, the department shall reduce expenditures to match those

 

collections.

 

     (7) The department shall consult with the department of

 

treasury and any outside consultant with collections expertise

 

under contract with the department of treasury to develop a plan to

 

maximize the collection of child support for the purposes of this

 

section.

 

     Sec. 902. The first $1,000,000.00 of child support collections

 

that otherwise would be escheated to the state general fund shall

 

be retained by the department and allocated for improvements to

 

MiCSES.  Unexpended money remaining at the end of the fiscal year

 

shall be carried forward in a work project for expenditure in the

 

following year for the same purpose.

 


     Sec. 903. Money collected under a department program for

 

settlement of outstanding child support arrearages due to the state

 

are allocated for child support enforcement with the first

 

$5,052,000.00 to be used for improvements to MiCSES.  Any amount

 

collected above $5,052,000.00 shall be allocated in the following

 

manner: 60% to legal support contracts for friend of the court

 

services and 40% to the office of child support for central office

 

operations.  The money shall not be expended until the state budget

 

director has reviewed and approved an allotment schedule submitted

 

by the department.  The 60% allocated for friend of the court

 

services shall supplement the amount originally allocated for such

 

services in fiscal year 2004-2005 and shall not be used by counties

 

to supplant other state or federal funds paid to the county for

 

such services.

 

     Sec. 904. The department shall facilitate with the department

 

of community health a program under which the departments

 

independently or jointly contract with local friend of the court

 

offices to update and maintain the child support statewide database

 

with health insurance information in cases in which the court has

 

ordered a party to the case to maintain health insurance coverage

 

for the minor child or children involved in the case and to assist

 

in the recovery of money paid by the state for health care costs

 

that are otherwise recoverable from a party to the case.  The

 

program shall be entirely funded with state and federal funds from

 

money first recovered or through costs that are avoided by changing

 

the insurance coverage for minor children from state programs to

 

private health insurance.

 


     Sec. 905. The department is prohibited from charging back to

 

the counties any of the fees paid that are charged by the internal

 

revenue service or the department of treasury related to the tax

 

intercept and offset programs.  The state share of those fees shall

 

be paid from money otherwise provided for office of child support

 

programs.

 

     Sec. 906. In addition to money provided by this act, if child

 

support payments reimbursed to the state exceed the $47,000,000.00

 

appropriated to child support collections in part 1, $1,530,767.00

 

shall be allocated from the excess to the counties for the local

 

match for friend of the court services legal support contracts.

 

     Sec. 907. From money allocated to the office of child support,

 

the department shall reimburse the counties for money expended to

 

clean up the statewide child support enforcement system database.

 

 

 

OFFICE OF CHILDREN AND ADULT LICENSING

 

     Sec. 1001. 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. 1002. 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.

 

     Sec. 1003. If federal funds become available to support a lead

 

testing program, the department shall, before issuing a license for

 

a day care facility and as part of licensing review and facility

 

inspection, require documentation verifying that the facility has

 

been inspected for lead hazards and that any lead hazards

 

identified have been remediated.

 

     Sec. 1005. The department shall develop a plan for a

 

performance based licensing system.  The plan shall include an

 

approach that emphasizes site visits for new licensees and

 

licensees with violations or filed complaints and random, but not

 

required, site visits for licensees who have been in business for 5

 

years or more with no violations or filed complaints.  The plan

 

shall direct the licensing staff and field consultants to

 

prioritize resources and site reviews on new licensees and those

 

with documented complaints.  The plan shall include an

 

implementation date for fiscal year 2005-2006 and be submitted, by

 

January 31, 2006, 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.