SENATE BILL No. 271

 

 

March 2, 2005, Introduced by Senators SCOTT and EMERSON and referred to the Committee on Appropriations.

 

EXECUTIVE BUDGET BILL

 

 

   A bill to make appropriations for the family independence agency

 

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 bill, the

 


amounts listed in this part are appropriated for the family

 

independence agency 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:

 

FAMILY INDEPENDENCE AGENCY

 

APPROPRIATION SUMMARY:

 

   Full-time equated classified positions....... 10,280.0

 

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

 

   Total full-time equated positions............ 10,285.0

 

GROSS APPROPRIATION.................................... $  4,428,975,200

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,400,900

 

ADJUSTED GROSS APPROPRIATION........................... $  4,427,574,300

 

   Federal revenues:

 

Total federal revenues.................................     3,190,468,600

 

   Special revenue funds:

 

Total local revenues...................................        51,189,300

 

Total private revenues.................................         8,938,900

 

Total other state restricted revenues..................        70,373,900

 

State general fund/general purpose..................... $  1,106,603,600

 

    Sec. 102.  EXECUTIVE OPERATIONS

 

   Total full-time equated positions............... 422.3

 

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

 

   Full-time equated classified positions.......... 417.3

 

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

 

Salaries and wages--302.3 FTE positions................        15,509,800

 


Contractual services, supplies, and materials..........         6,700,300

 

Demonstration projects--18.0 FTE positions.............         6,841,200

 

Inspector general salaries and wages--88.0 FTE

 

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

 

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

 

Office of professional development--9.0 FTE

 

   positions............................................        2,624,400

 

GROSS APPROPRIATION.................................... $     44,139,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        27,507,400

 

   Special revenue funds:

 

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

 

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

 

State general fund/general purpose..................... $     15,212,700

 

    Sec. 103.  CHILD SUPPORT ENFORCEMENT

 

   Full-time equated classified positions.......... 212.7

 

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

 

GROSS APPROPRIATION.................................... $    205,744,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       193,563,800

 


   Special revenue funds:

 

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

 

State general fund/general purpose..................... $     11,840,500

 

    Sec. 104.  COMMUNITY ACTION AND ECONOMIC OPPORTUNITY

 

   Full-time equated classified positions........... 11.0

 

Bureau of community action and economic opportunity

 

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

 

Community services block grant.........................        27,384,600

 

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

 

GROSS APPROPRIATION.................................... $     47,264,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        47,264,400

 

   Special revenue funds:

 

State general fund/general purpose..................... $              0

 

    Sec. 105.  ADULT AND FAMILY SERVICES

 

   Full-time equated classified positions........... 49.2

 

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

 

Adult services policy and administration--6.0 FTE

 

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

 

Income support policy and administration--31.7 FTE

 

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

 

Employment and training support services...............        16,429,100

 


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

 

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

 

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

 

GROSS APPROPRIATION.................................... $     51,019,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        44,948,800

 

   Special revenue funds:

 

State general fund/general purpose..................... $      6,070,500

 

    Sec. 106.  CHILD AND FAMILY SERVICES

 

   Full-time equated classified positions........... 87.0

 

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

 

Contractual services, supplies, and materials..........         1,149,300

 

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

 

Foster care payments...................................       142,487,600

 

Wayne County foster care payments......................        71,484,600

 

Adoption subsidies.....................................       229,658,900

 

Adoption support services--7.7 FTE positions...........        13,897,800

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Child protection/community partners--18.3 FTE

 

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

 


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

 

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

 

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

 

Family preservation and prevention services

 

   administration--12.0 FTE positions...................         2,014,500

 

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

 

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

 

County juvenile officers...............................         3,758,600

 

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

 

GROSS APPROPRIATION.................................... $    742,128,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       434,409,900

 

   Special revenue funds:

 

Local funds - county payback...........................        25,281,400

 

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

 

Private - collections..................................         3,860,900

 

Children's trust fund..................................         3,294,100

 

State general fund/general purpose..................... $    275,261,100

 

    Sec. 107.  JUVENILE JUSTICE SERVICES

 

   Full-time equated classified positions.......... 706.7

 


W.J. Maxey training school--301.0 FTE positions........ $     26,818,400

 

Adrian training school--128.0 FTE positions............        10,084,000

 

Bay pines center--44.0 FTE positions...................         3,332,600

 

Nokomis challenge center--43.0 FTE positions...........         3,164,000

 

Shawono center--39.0 FTE positions.....................         3,063,500

 

Arbor heights--34.0 FTE positions......................         3,035,300

 

Community juvenile justice centers--37.0 FTE

 

   positions............................................         3,177,400

 

Juvenile justice field staff, administration and

 

   maintenance--60.0 FTE positions......................         9,308,800

 

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

 

GROSS APPROPRIATION.................................... $     72,000,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        13,088,200

 

   Special revenue funds:

 

Local funds - county payback...........................        24,857,700

 

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

 

State general fund/general purpose..................... $     33,409,500

 

    Sec. 108.  LOCAL OFFICE STAFF AND OPERATIONS

 

   Full-time equated classified positions........ 8,019.7

 


Field staff, salaries and wages--7,888.9 FTE

 

   positions............................................ $    358,476,000

 

Contractual services, supplies, and materials..........        19,968,400

 

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

 

Donated funds positions--11.0 FTE positions............           762,300

 

Training and program support--41.0 FTE positions.......         6,348,500

 

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

 

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

 

Volunteer services and reimbursement...................        1,544,900

 

GROSS APPROPRIATION.................................... $    409,064,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       251,824,000

 

   Special revenue funds:

 

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

 

Private funds - donated funds..........................           163,000

 

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

 

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

 

State general fund/general purpose..................... $    153,842,000

 

    Sec. 109.  DISABILITY DETERMINATION SERVICES

 

   Full-time equated classified positions.......... 568.4

 

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

 

GROSS APPROPRIATION.................................... $     80,100,300

 


    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from DMB-office of retirement systems..............         1,400,900

 

ADJUSTED GROSS APPROPRIATION........................... $     78,699,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        75,803,000

 

State general fund/general purpose..................... $      2,896,400

 

    Sec. 110.  CENTRAL SUPPORT ACCOUNTS

 

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

 

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

 

Travel.................................................         5,536,800

 

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

 

Workers' 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.................................... $    284,543,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       183,900,500

 

   Special revenue funds:

 

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

 

State general fund/general purpose..................... $    100,338,400

 

    Sec. 111.  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:

 

Licensing fees.........................................           620,900

 

Health fees and collections............................           111,200

 

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

 

    Sec. 112.  PUBLIC ASSISTANCE

 

Family independence program............................ $    394,277,600

 

State disability assistance payments...................        37,289,600

 

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......................................         1,155,500

 

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

 

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

 

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

 

Emergency services local office allocations............        21,865,500

 

Day care services......................................      464,102,800

 

GROSS APPROPRIATION.................................... $  2,335,499,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................     1,816,375,700

 

   Special revenue funds:

 


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

 

Supplemental security income recoveries................         5,104,800

 

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

 

State general fund/general purpose..................... $    463,808,300

 

    Sec. 113.  INFORMATION TECHNOLOGY

 

Information technology services and projects...........        81,459,200

 

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

 

GROSS APPROPRIATION.................................... $    135,631,500

 

    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..................... $     34,274,400

 

 

 

 

 

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 $1,176,977,500.00 and

 

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

 

government for fiscal year 2005-2006 is $174,650,400.00.  The

 

itemized statement below identifies appropriations from which

 

spending to units of local government will occur:

 

FAMILY INDEPENDENCE AGENCY

 


CHILD AND FAMILY SERVICES

 

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

 

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

 

County juvenile officers...............................         3,270,000

 

PUBLIC ASSISTANCE

 

State disability program...............................        2,285,900

 

TOTAL.................................................. $    174,650,400

 

   Sec. 202.  The appropriations authorized under this bill are

 

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

 

to 18.1594.

 

   Sec. 203.  As used in this bill:

 

   (a)  "AFC" means adult foster care.

 

   (b)  "Department" means the family independence agency.

 

   (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) 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 may 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 quarterly to the chairpersons of the senate and house

 

of representatives standing committees on appropriations and the

 

senate and house fiscal agencies and policy offices on the number

 

of exceptions to the hiring freeze approved during the previous

 

quarter and the reasons to justify the exception.

 

   Sec. 206.  (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $200,000,000.00 for

 

federal contingency funds.  These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this bill under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

   (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $5,000,000.00 for state

 


restricted contingency funds.  These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this bill under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

   (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $20,000,000.00 for local

 

contingency funds.  These funds are not available for expenditure

 

until they have been transferred to another line item in this bill

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

   (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $20,000,000.00 for private

 

contingency funds.  These funds are not available for expenditure

 

until they have been transferred to another line item in this bill

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

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

 

the Internet to fulfill the reporting requirements of this bill. 

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement,

 

or it may include placement of reports on an Internet or Intranet

 

site.

 

   Sec. 209.  Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and 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.  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.

 

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

 

chairpersons of the senate and house appropriations subcommittees

 

on the family independence agency 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.  If a legislative objective of this bill or the social

 

welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be

 

implemented without loss of federal financial participation because

 

implementation would conflict with or violate federal regulations,

 

the department shall notify the state budget director, the house

 

and senate appropriations committees, and the house and senate

 

fiscal agencies and policy offices of that fact.

 

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

 

state, out-of-state travel 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 of representatives 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 senate and house of

 

representatives standing committees on appropriations, the fiscal

 

agencies, and the state budget director.  The report shall include

 

the following information:

 

   (a)  The name of each person receiving reimbursement for travel

 

outside this state or whose travel costs were paid by this state.

 

   (b)  The destination of each travel occurrence.

 

   (c)  The dates of each travel occurrence.

 

   (d)  A brief statement of the reason for each travel occurrence.

 


   (e)  The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

   (f)  A total of all out-of-state travel funded for the

 

immediately preceding fiscal year.

 

   Sec. 218.  The department shall prepare a 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 family independence agency budget and the house and senate

 

fiscal agencies and policy offices within 10 days after

 

presentation of the executive budget.

 

   Sec. 221.  If the revenue collected by the department from

 

private and local sources exceeds the amount spent from amounts

 

appropriated in part 1, the revenue may be carried forward, with

 

approval from the state budget director, into the subsequent fiscal

 

year.

 

   Sec. 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 family independence agency and house and

 

senate fiscal agencies, and shall not produce an increase or

 

decrease in any line-item expenditure authorization.

 

   Sec. 259.  From the funds appropriated in part 1 for information

 

technology, the department shall pay user fees to the department of

 

information technology for technology-related services and

 

projects.  User fees shall be subject to provisions of an

 

interagency agreement between the department and the department of

 

information technology.

 

   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. 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.

 

COMMUNITY ACTION AND ECONOMIC OPPORTUNITY

 


   Sec. 301.  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 family independence agency the proposed use

 

and distribution plan for community services block grant funds

 

appropriated in part 1 for the succeeding fiscal year.

 

   Sec. 302.  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 family independence agency in

 

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

 

state budget director.

 

   Sec. 305.  (1) Of the funds appropriated in part 1 for community

 

services block grant, $2,350,000.00 represents TANF funding

 

earmarked for community action agencies.

 

   (2) From the funds appropriated in part 1 for community services

 

block grant, the department is authorized to make allocations of

 

TANF funds only to the community action agencies that report

 

necessary data to the department for the purpose of meeting TANF

 

eligibility reporting requirements.  The use of TANF funds under

 

this section should not be considered an ongoing commitment of

 

funding.

 

   (3) In addition to the money referred to in subsection (1), from

 

the funds appropriated in part 1 for community services block

 

grant, the department may award up to $500,000.00 to community

 


action agencies based on the number of clients educated, with an

 

emphasis on clients who have never filed for the earned income tax

 

credit (EITC), clients with children, and clients for whom the

 

receipt of the EITC will make it easier for them to move off public

 

assistance.

 

   Sec. 306.  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.

 

ADULT AND FAMILY SERVICES

 

   Sec. 401.  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.

 

   Sec. 402.  From the funds appropriated in part 1 for employment

 

and training support services, the department may allocate TANF

 

funds for welfare to career innovation grants.

 

CHILD AND FAMILY SERVICES

 

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

 

During the fiscal year ending September 30, 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. 

 

During the annual budget presentation, the department shall report

 

on the number of children supervised by the department and by

 

private agencies who remain in foster care between 12 and 24

 

months, and those who remain in foster care longer than 24 months.

 

   Sec. 502.  From the funds appropriated in part 1 for foster

 

care, the department shall provide 50% reimbursement to Indian

 

tribal governments for foster care expenditures for children who

 

are under the jurisdiction of Indian tribal courts and who are not

 

otherwise eligible for federal foster care cost sharing.

 

   Sec. 503.  The department shall continue adoption subsidy

 

payments to families after the eighteenth birthday of an adoptee

 

who meets the following criteria:

 

   (a)  Has not yet graduated from high school or passed a high

 

school equivalency examination.

 

   (b)  Is making progress toward completing high school.

 

   (c)  Has not yet reached his or her nineteenth birthday.

 

   (d)  Is not eligible for federal supplemental security income

 


(SSI) payments.

 

   Sec. 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.

 

   (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, race, and ethnicity.

 

   (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.

 

   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

 

family independence agency.

 

   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.  The use of TANF funds under

 

this section should not be considered an ongoing commitment of

 

funding.

 

   (2) The agencies receiving teenage parent counseling TANF funds

 

shall report to the family independence agency 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. 531.  (1) From the funds appropriated in part 1, the

 

department may 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 agency 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.  During the annual budget presentation, the department

 

shall report on the implementation of the licensing and contract

 

compliance review process.

 

   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. 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, 2005, the department shall report the

 

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

 

and house of representatives appropriations subcommittees on the

 

family independence agency, the senate and house of representatives

 


standing committees with jurisdiction over families and human

 

services issues, the senate and house fiscal agencies and policy

 

offices, and the state budget office.

 

PUBLIC ASSISTANCE

 

   Sec. 601.  (1) The department may terminate a vendor payment for

 

shelter upon written notice from the appropriate local unit of

 

government that a recipient's rental unit is not in compliance with

 

applicable local housing codes or when the landlord is delinquent

 

on property tax payments.  A landlord shall be considered to be in

 

compliance with local housing codes when the department receives

 

from the landlord a signed statement stating that the rental unit

 

is in compliance with local housing codes and that statement is not

 

contradicted by the recipient and the local housing authority.  The

 

department shall terminate vendor payments if a taxing authority

 

notifies the department that taxes are delinquent.

 

   (2) Whenever a client agrees to the release of his or her name

 

and address to the local housing authority, the department shall

 

request from the local housing authority information regarding

 

whether the housing unit for which vendoring has been requested

 

meets applicable local housing codes.  Vendoring shall be

 

terminated for those units that the local authority indicates in

 

writing do not meet local housing codes until such time as the

 

local authority indicates in writing that local housing codes have

 

been met.

 

   (3) In order to participate in the rent vendoring programs of

 

the department, a landlord shall cooperate in weatherization and

 

conservation efforts directed by the department or by an energy

 


provider participating in an agreement with the department when the

 

landlord's property has been identified as needing services.

 

   Sec. 603.  (1) The department, as it determines is appropriate,

 

shall enter into agreements with energy providers by which cash

 

assistance recipients and the energy providers agree to permit the

 

department to make direct payments to the energy providers on

 

behalf of the recipient.  The payments may include heat and

 

electric payment requirements from recipient grants and amounts in

 

excess of the payment requirements.

 

   (2) The department shall establish caps for natural gas, wood,

 

electric heat service, deliverable fuel heat services, and for

 

electric service based on available federal funds.

 

   (3) The department may 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. 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 indigent

 

burial, 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. 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.

 

   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. 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. 640.  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.

 

   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 family independence

 

agency 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 family independence agency'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, Public Law 88-525, 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.  The focus of the pilot programs must be on children

 

from families in poverty.

 

   (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. 

 

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.

 

   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.

 

   Sec. 666.  The department shall continue efforts to increase the

 

participation of eligible family independence program recipients in

 

the federal earned income tax credit.

 

   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 $6,850,000.00 for the

 

annual clothing allowance.  The allowance shall be granted to all

 

eligible children as defined by the department.

 

   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,

 

and other process changes.

 

   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 of representatives committees on

 

appropriations, the senate and house fiscal agencies, and the state

 

budget director.

 

JUVENILE JUSTICE SERVICES

 

   Sec. 705.  (1) The department, in conjunction with private

 

juvenile justice residential programs, shall develop a methodology

 

for measuring goals, objectives, and performance standards for the

 


delivery of juvenile justice residential programs.  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 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. 713.  As required by section 18 of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.18, juveniles committed

 


to an institution operated by the department shall receive medical,

 

dental, surgical, or other health care as necessary.  The Medicaid

 

reimbursable rate scale shall be used as the standard for allowable

 

charges for services rendered.  The family independence agency

 

shall reimburse providers for the actual charges less than or equal

 

to the Medicaid reimbursable rate scale for each service provided.

 

LOCAL OFFICE SERVICES

 

   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 family independence agency budget, the senate

 

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

 

office of family resource center expansion efforts and shall

 

provide all of the following at the beginning of the selection

 

process or no later than 5 days after eligible schools receive

 

opportunity notification:

 

   (a)  A list of eligible schools.

 

   (b)  The selection criteria to be used.

 

   (c)  The projected number to be opened.

 


   (d)  The financial implications for expansion, including funding

 

sources.

 

DISABILITY DETERMINATION SERVICES

 

   Sec. 801.  The family independence agency 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) In addition to the amount retained in subsection (1),

 

additional incentives may be retained and used by the state for

 

special, enhanced, or centralized initiatives or services that are

 

reasonably calculated by the department, in consultation with the

 

child support program leadership group, which consists of

 

representatives of the state court administrative office, the

 

friend of the court association, the prosecuting attorney's

 

association of Michigan, the Michigan department of information

 

technology, the family independence agency office of child support,

 

and the state budget office, to result in an equivalent or greater

 

increase in child support collections or child support incentive

 

payments received from the federal government.

 

   (3) At the end of the current fiscal year, the department may,

 


if it is cost beneficial to the state and counties, withhold from

 

submitting to the federal office of child support administrative

 

expenses eligible for federal financial participation.  The

 

department may recoup earned but unclaimed federal funds from the

 

resulting increased federal child support incentive.  The

 

recoupment by the department shall be made prior to distribution of

 

the increased incentive to the counties.  Any incentive funds

 

retained by the state under this section shall be separate and

 

apart from incentive funds retained in any other section of this

 

bill.

 

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.