SB-0232, As Passed House, September 6, 2007
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 232
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, 2008; 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
Senate Bill No. 232 (H-6) as amended September 6, 2007
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
human services for the fiscal year ending September 30, 2008, 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................. $ 0
Full-time equated unclassified positions............... 0
Total full-time equated positions...................... 0
GROSS APPROPRIATION.................................... [(100)]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... [(100)]
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total private revenues................................. 0
Total local revenues................................... 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... [(100)]
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions............... $ 0
Full-time equated classified positions................. 0
Unclassified salaries--0.0 FTE positions............... 0
Salaries and wages--0.0 FTE positions.................. 0
Contractual services, supplies, and materials.......... 0
Demonstration projects--0.0 FTE positions.............. 0
Inspector general salaries and wages--0.0 FTE positions 0
Electronic benefit transfer EBT........................ 0
Office of professional development--0.0 FTE positions.. 0
Michigan community service commission--0.0 FTE positions 0
State office of administrative hearings and rules...... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total private revenues................................. 0
Total local revenues................................... 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... 0
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions................. $ 0
Child support enforcement operations--0.0 FTE positions 0
Legal support contracts................................ 0
Child support incentive payments....................... 0
State disbursement unit--0.0 FTE positions............. 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... 0
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions................. $ 0
Bureau of community action and economic opportunity
operations--0.0 FTE positions........................ 0
Community services block grants........................ 0
Weatherization assistance.............................. 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
State general fund/general purpose..................... 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions................. $ 0
Executive direction and support--0.0 FTE positions..... 0
Domestic violence prevention and treatment--0.0 FTE
positions............................................ 0
Rape prevention and services........................... 0
Guardian contract...................................... 0
Adult services policy and administration--0.0 FTE
positions............................................ 0
Income support policy and administration--0.0 FTE
positions............................................ 0
Employment and training support services............... 0
Wage employment verification reporting................. 0
Urban and rural empowerment/enterprise zones........... 0
Nutrition education.................................... 0
Crisis prevention and elder law of Michigan food for
the elderly project.................................. 0
Jobs, education and training expansion--0.0 FTE
positions............................................ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues:
IDG from DCH - crime victims' fund..................... 0
ADJUSTED GROSS APPROPRIATION........................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
State general fund/general purpose..................... 0
Sec. 106. CHILDREN'S SERVICES
Full-time equated classified positions................. $ 0
Salaries and wages--0.0 FTE positions.................. 0
Contractual services, supplies, and materials.......... 0
Foster care payments, abuse and neglect................ 0
Adoption subsidies..................................... 0
Adoption support services--0.0 FTE positions........... 0
Youth in transition--0.0 FTE positions................. 0
Interstate compact..................................... 0
Children's benefit fund donations...................... 0
Teenage parent counseling--0.0 FTE positions........... 0
Families first......................................... 0
Child safety and permanency planning................... 0
Strong families/safe children.......................... 0
Child protection/community partners--0.0 FTE positions. 0
Zero to three.......................................... 0
Family group decision making........................... 0
Family reunification program........................... 0
Family preservation and prevention services
administration--0.0 FTE positions.................... 0
Family preservation and prevention services--0.0 FTE
positions............................................ 0
Black child and family institute....................... 0
Children's trust fund administration--0.0 FTE positions 0
Children's trust fund grants........................... 0
ECIC, early childhood investment corporation........... 0
Attorney general contract.............................. 0
Prosecuting attorney contracts......................... 0
Marriage and fatherhood initiatives.................... 0
Child protection--0.0 FTE positions.................... 0
Subsidized guardianship program........................ 0
Child welfare improvements............................. 0
Title IV-E compliance and accountability office--0.0 FTE
positions............................................ 0
Child care fund, abuse and neglect..................... 0
Child care fund in-home care incentive program......... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Private - children's benefit fund donations............ 0
Private - collections.................................. 0
Local funds - county chargeback........................ 0
Children's trust fund.................................. 0
State general fund/general purpose..................... 0
Sec. 107. JUVENILE JUSTICE SERVICES
Full-time equated classified positions................. $ 0
High security juvenile services, male--0.0 FTE positions 0
High and medium security juvenile services, female—0.0
FTE positions........................................ 0
Juvenile justice services, northern Michigan--0.0 FTE
positions............................................ 0
Low security juvenile services--0.0 FTE positions...... 0
Community juvenile justice centers--0.0 FTE positions.. 0
Capital improvements, juvenile justice facilities...... 0
Child care fund, juvenile justice...................... 0
Child care fund administration--0.0 FTE positions...... 0
County juvenile officers............................... 0
Community support services--0.0 FTE positions.......... 0
Juvenile justice field staff, administration and
maintenance--0.0 FTE positions....................... 0
Federally funded activities--0.0 FTE positions......... 0
W. J. Maxey memorial fund.............................. 0
Juvenile accountability incentive block grant--0.0 FTE
positions............................................ 0
Committee on juvenile justice administration--0.0 FTE
positions............................................ 0
Committee on juvenile justice grants................... 0
Foster care payments, juvenile justice................. 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total private revenues................................. 0
Local funds - state share education funds.............. 0
Local funds - county chargeback........................ 0
State general fund/general purpose..................... 0
Sec. 108. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions................. $ 0
Field staff, salaries and wages--0.0 FTE positions..... 0
Contractual services, supplies, and materials.......... 0
Medical/psychiatric evaluations........................ 0
Donated funds positions--0.0 FTE positions............. 0
Training and program support--0.0 FTE positions........ 0
Food stamp reinvestment--0.0 FTE positions............. 0
Wayne County gifts and bequests........................ 0
Volunteer services and reimbursement................... 0
SSI advocates--0.0 FTE positions....................... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Local funds - donated funds............................ 0
Private funds - donated funds.......................... 0
Private funds - Wayne County gifts..................... 0
Private funds - hospital contributions................. 0
Supplemental security income recoveries................ 0
State general fund/general purpose..................... 0
Sec. 109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions................. $ 0
Disability determination operations--0.0 FTE positions. 0
Medical consultation program--0.0 FTE positions........ 0
Retirement disability determination--0.0 FTE positions. 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues:
IDG from DMB - office of retirement systems............ 0
ADJUSTED GROSS APPROPRIATION........................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
State general fund/general purpose..................... 0
Sec. 110. CENTRAL SUPPORT ACCOUNTS
Full-time equated classified positions
Rent................................................... $ 0
Occupancy charge....................................... 0
Travel................................................. 0
Equipment.............................................. 0
Worker's compensation.................................. 0
Advisory commissions................................... 0
Human resources optimization user charges.............. 0
Payroll taxes and fringe benefits...................... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
State general fund/general purpose..................... 0
Sec. 111. OFFICE OF CHILDREN AND ADULT LICENSING
Full-time equated classified positions................. $ 0
AFC, children's welfare and day care licensure--0.0 FTE
positions............................................ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Licensing fees......................................... 0
Health systems fees and collections.................... 0
State general fund/general purpose..................... 0
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions................. $ 0
Family independence program............................ 0
State disability assistance payments................... 0
Food assistance program benefits....................... 0
State supplementation.................................. 0
State supplementation administration................... 0
Low-income home energy assistance program.............. 0
Food bank funding...................................... 0
Homeless shelter contracts............................. 0
Multicultural assimilation funding..................... 0
Indigent burial........................................ 0
Emergency services local office allocations............ 0
Day care services...................................... 0
Refugee assistance program--0.0 FTE positions.......... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Child support collections.............................. 0
Supplemental security income recoveries................ 0
Public assistance recoupment revenue................... 0
State general fund/general purpose..................... 0
Sec. 113. INFORMATION TECHNOLOGY
Full-time equated classified positions
Information technology services and projects........... $ 0
Child support automation............................... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Senate Bill No. 232 (H-6) as amended September 6, 2007
Total federal revenues................................. 0
State general fund/general purpose..................... 0
[Sec. 114. BUDGETARY SAVINGS
Budgetary savings..................................... $ (100)
GROSS APPROPRIATION................................... $ (100)
Appropriated from:
State general fund/general purpose..................... $ (100)]
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 2006-2007 is [($100.00)] and state spending
from state resources to be paid to local units of government for
fiscal year 2006-2007 is $0. The itemized statement below
identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF HUMAN SERVICES
PERMANENCY FOR CHILDREN
Child care fund, abuse and neglect..................... $ 0
Child care fund, juvenile justice...................... 0
County juvenile officers............................... 0
OPPORTUNITY FOR ADULTS TO LIVE AND WORK IN THE COMMUNITY
State disability program............................... $ 0
TOTAL.................................................. $ 0
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) "DCH" means the department of community health.
(c) "Department" means the department of human services.
(d) "DMB" means the department of management and budget.
(e) "ECIC" means early childhood investment corporation.
(f) "FTE" means full-time equated.
(g) "IDG" means interdepartmental grant.
(h) "JET" means jobs, education and training program.
(i) "RSDI" means retirement survivors disability insurance.
(j) "SSI" means supplemental security income.
(k) "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.
(l) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 655 and 656 to 669b.
(m) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 673, 673b to 679, and 679b.
(n) "VA" means veterans affairs.
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 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 quarter 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. Private
service providers or licensees shall not be granted preferential
treatment or deemed automatically in compliance with administrative
rules based on whether they have collective bargaining agreements
with direct care workers. Private service providers or licensees
without collective bargaining agreements shall not be subjected to
additional requirements or conditions of licensure based on their
lack of such collective bargaining agreements. 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, 2007. With regard to federal
appropriations, for each program line item funded by no more than 3
federal funding sources, the department shall provide estimates of
the allocation of the appropriation for each specific federal
funding source.
(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 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.
Sec. 216. The department, in collaboration with the state
budget office, shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the house and senate policy offices on or before
March 1, 2008 a report on appropriated and supportable FTE
positions within the executive budget proposal for the fiscal year
beginning October 1, 2008. The report shall contain all of the
following information for each individual line item contained in
the executive budget proposal for the department budget:
(a) The number of FTEs to be funded from the line item.
(b) The amount that is proposed to be allocated to salary and
wage costs from the gross appropriation for the line item.
(c) The amount that is proposed to be allocated to salary and
wage costs from the gross appropriation for the line item on which
was based the increase in the executive budget proposal from the
amount appropriated for the line item in the department budget for
the fiscal year ending September 30, 2008, if different from the
amount in subdivision (b).
(d) The portion of the amount described in subdivision (b)
that is proposed to be taken from each funding source identified in
the budget.
(e) The gross salary and wage expenditures for the line item
during the fiscal year ending September 30, 2007 and the estimated
salary and wage expenditures for the line item during the fiscal
year ending September 30, 2008.
(f) The estimated number of FTE positions supportable by the
amount described in subdivision (b).
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel 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 an annual 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.
(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 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 make a determination of
Medicaid eligibility not later than 60 days after all information
to make the determination is received from the applicant when
disability is an eligibility factor. For all other Medicaid
applicants, the department shall make a determination of Medicaid
eligibility not later than 45 days after all information to make
the determination is received from the applicant.
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.
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
September 30, 2008.
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. 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. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 262. The department, in conjunction with county
department of human services boards of directors and the department
of management and budget, shall continue to develop and implement a
plan to assist local services delivery effectiveness and efficiency
by maximizing use of state resources while responding to unique
needs in geographic regions of the state. Savings resulting from
the plan shall be allocated to county offices to fund additional
frontline workers. The department shall submit the current
consolidation plan to the house and senate appropriations
subcommittees for the department budget by September 30, 2008.
Sec. 264. The department 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 continue to implement 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.
(e) Juvenile justice services.
(f) Jobs, education, and training (JET) pilot program and
other welfare reform activities.
(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 January 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 January 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, a
university affiliate, 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 day care assistance, family independence
program, JET pilot, and foster care and adoption, including
juvenile justice programs.
(d) Recommendations for better compliance with federal
standards and increased eligibility for federal money made by a
workgroup composed of representatives from the department and other
departments, public and private agencies, and individual citizens.
(e) Federal recommendations submitted to the state, including
recommendations to the courts.
(f) Federal penalties assessed against the state.
(g) Changes in policies or practices resulting in additional
federal money, including how much additional federal money was
received.
(h) Any federal warnings or notices of potential sanctions or
penalties that may be imposed unless corrective state action is
taken.
(i) Measures taken to prevent or avoid sanctions.
Sec. 273. (1) On a timely basis, the department shall report
to the senate and house standing committees on human services and
the senate and house appropriations subcommittees with oversight on
the department budget regarding policy changes made to implement
the provisions of enacted legislation, including the annual
appropriation for the department budget.
(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, 2008, 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 with copies of the annual
regulatory plan submitted to the state office of administrative
hearings and rules pursuant to section 53 of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.253. The annual
regulatory reform plan shall not include proposals for rule
promulgation that exceed the statutory authority granted to the
department.
(4) Money for the preparation of the regulatory reform plan
shall be provided solely in section 102 of the funds appropriated
in part 1. Money appropriated in part 1 shall not be used to
prepare regulatory plans or promulgate rules that would exceed
statutory authority granted to the department. If the department
fails to comply with the provisions of section 39(1) of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.239, no
money shall be expended for the further preparation of that
regulatory plan or the promulgation of rules for that regulatory
plan.
(5) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that fail to reduce the
disproportionate economic impact on small businesses as required in
section 40 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.240.
(6) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that grant preferences to
private providers of services based on whether that private
provider has a collective bargaining agreement with its workers.
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 $500,000.00, 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 2 or more
private consulting firms for revenue maximization services to
increase federal claims and federal funds and to increase state
restricted funds.
(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 achieved from
implementation of a recommendation made by the contractor under
this section.
(3) The department shall allocate any savings within the
department for additional staff to implement the proposed child
welfare improvement plan.
(4) The department shall report quarterly 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
on the status of revenue maximation efforts and the amounts of
savings achieved.
Sec. 279. All contracts relating to human services entered
into or renewed by the department on or after October 1, 2007 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 2007-2008.
Sec. 280. The department shall submit a report to the house
and senate appropriations subcommittees for the department budget,
the house and senate fiscal agencies, the house and senate policy
offices, and the state budget director by February 1, 2008 on the
status of the department's information technology improvement
initiatives, including the "Bridges" integration project. The
report shall include details on the following:
(a) The amounts expended during the previous fiscal year and
the first quarter of the current fiscal year by project.
(b) The amounts of appropriations carried forward from
previous fiscal years for information technology improvement
projects.
(c) A narrative describing the projects and activities
undertaken during the previous fiscal year and during the first
quarter of the current fiscal year.
Sec. 281. (1) The department shall report to the legislature,
fiscal agencies, and office of the auditor general quarterly,
beginning January 1, 2008, with a summary of final decisions and
recommendations rendered by the state office of administrative
hearings and rules administrative law judges, administrative law
managers, or hearing officers for cases under the jurisdiction of
the department.
(2) The report shall be organized by case types.
(3) The report shall indicate whether the administrative law
judge, administrative law manager, or hearing officer made a final
decision or recommended a decision in favor of the department in
whole or in part or if the parties negotiated a settlement. The
report shall also delineate if the director agreed or disagreed
with the recommendation of the administrative law judge,
administrative law manager, or hearing officer.
(4) The report shall include how long each case took from the
date of the original filing until the issuance of a decision or
recommendation by the administrative law judge, administrative law
manager, or hearing officer.
Sec. 283. 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. 284. (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 act 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
Senate Bill No. 232 (H-6) as amended September 6, 2007 (1 of 2)
in this act 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 act
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 act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
[Sec. 285. From the money appropriated in part 1, the department shall implement continuous improvement efficiency mechanisms in the programs administered by the department. The continuous improvement efficiency mechanisms shall identify changes made in programs to increase efficiency and reduce expenditures in the programs. On March 31, 2008, and September 30, 2008 the department shall submit a report to the state budget director, the senate and house appropriation subcommittees, and the senate and house fiscal agencies on the progress made toward increased efficiencies in department programs. At a minimum, each report shall include information on the program review process, the type of improvement mechanisms implemented, and actual and projected expenditure savings as a result of the increased program efficiencies.
Sec. 286. (1) The department shall contract with a private company to conduct a study of ways to streamline the department's procurement procedures for durable goods and services. A report and recommendations for streamlining the department's procurement procedures shall be prepared by the private contractor and submitted to the house and senate appropriations committees and the house and senate fiscal agencies by November 30, 2007.
(2) Subject to subsection (3), the appropriation authorization adjustments required due to negative appropriations for budgetary savings shall be made only after the approval of transfers by the legislature under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) The negative appropriation authorization adjustments in subsection (2) shall only occur if the study of procurement procedures in subsection (1) is not completed and submitted to the house and senate appropriations committees and the house and senate fiscal agencies by November 30, 2007.]
EXECUTIVE OPERATIONS
Sec. 303. (1) Of the funds appropriated in part 1 for
community services block grants, $2,350,100.00 represents TANF
funding earmarked for community action agencies.
(2) In addition to the money referred to in subsection (1),
the department shall award up to $500,100.00 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) In addition to the money referred to in subsection (1),
the department shall award up to $249,800.00 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. 306. Of the funds appropriated in part 1 for
demonstration projects, the department shall allocate $200,100.00
to support the kinship care resource center administered by the
Michigan state university school of social work. Funding is
contingent upon the center's reporting of necessary data to the
department to demonstrate TANF or maintenance of effort
eligibility. The center shall submit quarterly reports to the
department detailing expenditures from this appropriation and
reviewing program outcomes including the number of families served
through counseling, respite care, and other services as well as the
number provided with information on kinship care. The department
shall submit each quarterly report to the house and senate
appropriations subcommittees on the department budget by January
15, April 15, July 15, and October 15 of each year.
Sec. 307. (1) Of the money appropriated in part 1 for
demonstration projects, $99,900.00 shall be distributed as provided
in subsection (2). The amount distributed under this subsection
shall not exceed 50% of the total operating expenses of the program
described in subsection (2), with the remaining 50% paid by local
United Way organizations and other nonprofit organizations and
foundations.
(2) Money distributed under subsection (1) shall be
distributed to Michigan 2-1-1, a nonprofit corporation organized
under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code, 26 USC
501(c)(3), and whose mission is to coordinate and support a
statewide 2-1-1 system. Michigan 2-1-1 shall use the money only to
fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1
in January 2005.
(3) Michigan 2-1-1 shall report annually to the department and
the house and senate standing committees with primary jurisdiction
over matters relating to human services and telecommunications on
2-1-1 system performance, including, but not limited to, call
volume by community health and human service needs and unmet needs
identified through caller data and customer satisfaction metrics.
Sec. 308. From the money appropriated in part 1 for
demonstration projects, $200,000.00 shall be expended on a contract
with the University of Detroit Mercy to provide legal services for
disabled veterans who are seeking eligibility under federal
disability programs, including federal supplemental security
income. The contract shall fund a statewide effort by the
university through use of its mobile office to deliver these legal
services.
ADULT AND FAMILY SERVICES
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. Preference
shall be given to independent contractors that provide at least 10%
in matching funds, through any combination of local, state, or
federal funds or in-kind or other donations. However, 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. Preference
shall be given to independent contractors that provide at least 10%
in matching funds, through any combination of local, state, or
federal funds or in-kind or other donations. However, 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
$200,100.00 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. 423. From the money appropriated in part 1 for crisis
prevention and senior food aid projects, the department shall
allocate not less than $70,100.00 to assist this 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 screen and information
services, as part of a statewide food stamp hotline.
CHILD AND FAMILY SERVICES
Sec. 501. The following goal is established by state law.
During fiscal year 2007-2008, 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 the 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.
(4) The department and the child abuse neglect and prevention
board shall collaborate to ensure that administrative delays are
avoided and the local grant recipients and direct service providers
receive money in an expeditious manner. The department and board
shall seek to have the children's trust fund grants distributed no
later than October 31, 2007.
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. (1) The department and representatives of private,
licensed child caring institutions shall collaborate in
establishing a child placement review board to oversee child
placements and to ensure that the conditions in subsection (2) are
met. Representation on the board shall be divided equally between
the department and private child caring institutions.
(2) The department shall not expend funds appropriated in part
1 to pay for the direct placement by the department of a child in
an out-of-state facility or for reimbursement to any county for a
court-administered placement in an out-of-state facility unless all
of the following conditions are met:
(a) There is no appropriate placement available in this state,
while an out-of-state placement does exist within 100 miles of the
child's home.
(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.
(e) The out-of-state facility is a nonprofit organization.
(f) The department or the relevant court provides a written
explanation of the special need that exists that cannot be
adequately met by a Michigan facility and thus warrants the
placement in the out-of-state facility.
(g) The child placement review board established in subsection
(1) determines that there is no appropriate placement available in
this state for the child based on the information provided to the
board by the department or court.
(h) An appropriate title IV-E eligibility assessment has been
completed for the placement.
(i) The out-of-state facility does not use a for-profit
management group or contract with a for-profit organization for its
management.
(3) The department shall submit a report by February 1 of each
year on the number of children who were newly placed in out-of-
state facilities by the department, by a county, or by the courts
during the previous fiscal year, the number of Michigan children
residing in such facilities at the time of the report, and the
total cost and average per diem cost of these out-of-state
placements to the state, and a list of each Michigan county from
which children were placed in these facilities listing the number
of out-of-state placements for each county.
(4) The auditor general shall conduct an audit of out-of-state
placements during the fiscal years 2005, 2006, and 2007 to
determine if the department has properly enforced the criteria set
forth in section 513 of the relevant budget acts for those years
and to determine if payments to counties were made for cases that
were not eligible under the provisions of section 513 of those
budget acts. The audit should determine if any reimbursement is
owed to the state.
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, 2008, 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 information contained in the report required under
section 8d(5) of the child protection law, 1975 PA 238, MCL
722.628d, on cases classified under category III.
(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.
(e) The department policy, or changes to the department
policy, regarding children who have been exposed to the production
or manufacture of methamphetamines.
Sec. 515. (1) From the money appropriated in part 1 for foster
care payments and Wayne County foster care payments and related
administrative costs, the department shall use performance-based
contracts for foster care services with private, nonprofit agencies
and other service providers that provided satisfactory services
under contract before January 1, 2007. The goal of these contracts
shall be to provide incentives for agencies to improve services for
children in foster care, but especially the process of finding them
quality permanent placements and reducing their time as foster
children. Not later than March 30, 2008, the department shall
provide an update to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the office of the state budget on
benchmarks developed in conjunction with private providers for
these performance contracts, results agencies have achieved in
improving permanency placements, and recommendations for further
improvements for foster care services across the entire state.
(2) Performance-based contracts under subsection (1) shall
include the following:
(a) When aggregated, the contracts shall provide coverage for
all areas of this state with an emphasis on use of community-based
services.
(b) Service providers shall not refuse a client or resident
for whom they have the ability, capacity, and resources to care.
(c) Service providers shall maintain or achieve national
accreditation for the services or activities they will provide.
(d) Service providers shall be nonprofit organizations.
(e) Service providers shall not use for-profit management
groups or contract with for-profit organizations for their
management.
(f) Service providers shall have clear performance standards
for staff and caseworkers regarding timely and professional
interactions with courts that have jurisdiction over children and
services provided to children.
(g) Service providers shall establish or maintain quality
assurance programs or dispute resolution programs to resolve
caseworker performance problems identified by courts.
Sec. 517. (1) From the funds appropriated in part 1, the
department is authorized to allocate funds to multipurpose
collaborative bodies. 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 2007-2008
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 revise
and improve the annual licensing review process and the annual
contract compliance review process for child placing agencies and
child caring institutions. The improvement goals shall be safety
and care for children. Improvements to the review process shall be
directed toward alleviating administrative burdens so that agency
resources may be focused on children. The revision shall include
identification of duplicative staff activities and information
sought from child placing agencies and child caring institutions in
the annual review process. 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, 2008 on the
findings of the annual licensing review.
(2) The department shall conduct licensing reviews no more
than once every 2 years for child placing agencies and child caring
institutions that are nationally accredited and have no outstanding
violations.
(3) The department shall develop a plan to license placements
of foster children living with relatives to ensure consistent high
standards of care for those children. The department shall report
on the plan to the senate and house appropriations subcommittees
with oversight over the department budget, the senate and house
standing policy committees generally concerned with children's
issues, the senate and house fiscal agencies and policy offices,
and the state budget director during the annual budget 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 appropriate
placement available 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
stipulated in its contract.
(2) The department, in conjunction with private nonprofit
child placing agencies, shall form a workgroup to develop goals,
objectives, and performance standards to evaluate achievement and
results in providing quality foster care to children, reductions in
their time in foster care, and better permanency placements. 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. The
chairs of the house and senate appropriations subcommittees on the
department budget, or their designees, shall be standing members of
this workgroup.
(3) The department shall submit a quarterly report to the
senate and house appropriations subcommittees on the department
budget, the senate and house standing policy committees generally
concerned with children's issues, and the state budget office on
progress in developing the goals, objectives, and performance
standards required under subsection (2). A final report shall be
completed no later than June 30, 2008.
(4) The department, in collaboration with child placing
agencies, shall develop a strategy to implement section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o. The strategy shall
include a requirement that a department caseworker responsible for
preparing a recommendation to a court concerning a juvenile
placement shall provide, as part of the recommendation, information
regarding the requirements of section 115o of the social welfare
act, 1939 PA 280, MCL 400.115o.
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. 544. The department shall implement pilot projects with
applications pending for accelerated residential treatment.
Sec. 545. (1) The department shall continue to 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, 2008. 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, including the reason for denial in
each case, 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 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. 546. From the money appropriated in part 1 for foster
care payments and child care fund reimbursements, the department
shall pay a general foster care daily rate of $21.15 and a
specialized foster care daily rate of $42.00.
Sec. 548. During the annual budget presentation to the house
and senate appropriations subcommittees on the department budget,
the department shall report on progress in implementing the
recommendations of the task force that studied the disproportionate
representation of African-American and other children of color in
the child welfare and juvenile justice systems as required under
former section 548 of the fiscal year 2005-2006 budget act for the
department.
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 and
to ensure appropriate and adequate oversight while reducing
duplication and redundancy between government offices.
Sec. 556. The department shall submit a report to the
chairpersons of the senate and house of representatives
appropriations committees and the senate and house fiscal agencies
and policy offices that includes all of the following:
(a) A description of how the department is complying with
federal requirements to notify prospective adoptive parents about
adoption subsidies for which those prospective adoptive parents may
qualify.
(b) The number of fair hearing requests from adoptive parents
received by the department challenging the amount of the adoption
subsidy.
(c) The number of challenges described in subdivision (b)
alleging that an adoption subsidy amount was reduced without the
consent of the adoptive parent.
(d) The number of challenges described in subdivision (b)
alleging that a request for an increase in an adoption subsidy
amount was denied based on a means test or similar test.
(e) The number of adoption subsidy payments suspended when the
child is still in the custody of the adoptive parent, but no longer
in the physical care of that adoptive parent.
Sec. 559. If a conflict arises between the provisions of state
law, department rules, or department policy, and the provisions of
title IV-E, the provisions of title IV-E prevail.
Sec. 562. (1) The department shall allow a county to submit a
claim for title IV-E foster care funding for a placement in a
secure residential facility if the county can demonstrate that the
reason for the secure placement is a diagnosed medical necessity
and not protection of the public.
(2) The department shall submit a claim for title IV-E foster
care funding for a placement in a secure residential facility if
the county can demonstrate that the reason for the secure placement
is a diagnosed medical necessity and not protection of the public.
Sec. 563. From the funds appropriated in part 1 for foster
care payments and related administrative costs, the department may
implement the federally approved title IV-E demonstration project
waiver.
Sec. 565. (1) From the funds appropriated in part 1 for
federally-funded family preservation programs, the department shall
allocate $2,000,100.00 to Wayne County to provide home-based
programs as part of the county expansion of community-based
services to serve the county's adjudicated delinquent and abused
and neglected youth.
(2) One-half of the total amount allocated to Wayne County
shall be used to serve adjudicated delinquent youth, and 1/2 shall
be used to serve abused and neglected youth.
(3) Federal revenues shall be paid to Wayne County as
reimbursement for actual costs incurred, consistent with
established federal requirements.
(4) As a condition of receipt of federal funds pursuant to
subsection (1), Wayne County shall provide the department with a
plan for the use of allocated funds in a format to be specified by
the department. The county shall also provide the department with
all information required to demonstrate the appropriateness and
allowability of expenditures and to meet federal financial and
programmatic reporting requirements.
Sec. 566. From the funds appropriated in part 1 for the ECIC,
the department shall contract for the creation and support of
great start communities. Great start collaborative grants will be
awarded by competitive bid process to eligible intermediate
districts in an amount to be determined by the ECIC. The ECIC shall
provide technical assistance to great start communities through
intermediate school districts or other community agencies for the
implementation of their great start community needs assessment and
strategic plan.
Sec. 567. The department, in conjunction with private,
nonprofit child caring agencies and the chairpersons of the house
and senate appropriations subcommittees on the department budget,
shall review all policies, practices, and definitions for
residential treatment security levels. The department shall give
special consideration to how the levels affect the eligibility for
title IV-E funding of residential facilities for both child
welfare, abuse and neglect, and juvenile justice youth and whether
the policies, practices, and definitions are consistent with
federal title IV-E regulations, with the goal of maximizing the
amount of federal money available to this state.
Sec. 571. The department shall establish a title IV-E
compliance and accountability office with the following goals and
responsibilities:
(a) Study efforts in other states to determine best practices
for title IV-E-related activities and measures to maximize the
receipt of federal money for eligible cases.
(b) Coordinate compliance with federal regulations in order to
receive title IV-E money.
(c) Provide necessary technical assistance to local units of
government, including courts, to ensure proper handling of cases
and paperwork in preparation for federal audits and reviews.
(d) Coordinate a program to provide private persons, groups,
and corporations with incentives to make tax-deductible
contributions intended to assist foster care families to overcome
barriers to becoming licensed and eligible to receive title IV-E
money.
(e) Prepare quarterly reports to the house and senate
appropriations subcommittees on the department budget on activities
and progress toward meeting the responsibilities outlined above.
Sec. 572. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on the activities of the ECIC. The report is due
by February 1 of each year and shall contain at least the following
information: detail of the amounts of grants awarded, the grant
recipients, the activities funded by each grant, and an analysis of
each grant recipient's success in addressing the development of a
comprehensive system of early childhood services and supports.
(2) All contracts for comprehensive systems planning shall be
bid out through a statewide request-for-proposal process, and the
department shall send a report to the house and senate
appropriations subcommittees on the department budget covering the
selection criteria for establishing contracts at the time of the
issuance of any request for proposals.
Sec. 573. From the money appropriated in part 1 for adoption
support services, $2,400,000.00 is allocated to support new
adoption contracts focusing on long-term permanent wards who have
been wards for more than 1 year after termination of parental
rights. Private agencies shall receive $16,000.00 for each
finalized placement under the new program.
Sec. 574. From the money appropriated in part 1 for foster
care payments – abuse and neglect, $2,875,000.00 is allocated to
support new contracts with private, nonprofit child placing
agencies to facilitate the licensure of relative caregivers as
foster parents. Agencies shall receive $2,300.00 for each
facilitated licensure. The private, nonprofit agency facilitating
the licensure shall retain the placement and continue to provide
case management services if the placement was appropriate to the
agency.
Sec. 575. (1) Of the funds provided for the training of human
services workers, particularly caseworkers, the department shall
use appropriated funds to begin cultural sensitivity training and
awareness with the goal of effectively reducing the number of
minority children inappropriately removed from their homes for
neglect and placed in the foster care system when more appropriate
action would include the provision of support services to the
family.
(2) Of the money appropriated to the department for family
preservation and prevention, more specific focus shall be placed on
preserving and reunifying families in counties with major urban
centers.
(3) As a condition for receiving appropriated money, the
department and the office of the friend of the court shall work in
cooperation to provide support services to families of custodial
parents who have been awarded child support from a parent who is
incarcerated.
(4) By March 31 and September 30 of each year, the department
shall provide a report to the house and senate appropriations
subcommittees with jurisdiction over the department budget, the
house and senate fiscal agencies, and the house and senate policy
offices on the specific cultural sensitivity training and awareness
efforts, family preservation and reunification efforts, and
collaborative efforts with the office of the friend of the court
that are being undertaken to comply with this section.
Sec. 576. (1) Beginning October 1, 2007, from the funds
appropriated in part 1, the department shall reimburse a private
child placing agency for an adoption placement or finalization at
the following unit rate, as applicable, depending on the category
into which the placement falls under subsection (2):
(a) For basic and standard, $2,750.00 for a placement,
$1,850.00 for a finalization.
(b) For enhanced, $4,300.00 for a placement, $2,875.00 for a
finalization.
(c) For premium, $5,725.00 for a placement, $3,825.00 for a
finalization.
(d) For residential, $6,600.00 for a placement, $4,400.00 for
a finalization.
(e) For I-MARE, $4,625.00 for a placement, $3,075.00 for a
finalization.
(f) For MARE, $6,150.00 for a placement, $4,100.00 for a
finalization.
(g) For preplacement, $1,425.00 for basic or standard,
$2,850.00 for enhanced.
(2) The following categories shall be used to determine which
unit rate is applicable under subsection (1):
(a) The residential category shall be used for a placement
that involves a child who was being cared for in a residential
child caring institution.
(b) The MARE category shall be used for a placement other than
an interagency placement in which the private agency used the
Michigan adoption resource exchange photo-listing system.
(c) The I-MARE category shall be used for an interagency
placement in which the private agency used the Michigan adoption
resource exchange photo-listing system.
(d) A placement to which subdivisions (a) to (c) do not apply
shall be reimbursed based on the length of time between the
termination of parental rights or case referral and the placement
as follows:
(i) The premium category shall be used if the placement is
achieved less than 6 months after the termination of parental
rights, or after the case referral to the agency if the case was
referred 3 months or more after termination.
(ii) The enhanced category shall be used if the placement is
achieved 6 months or more but less than 9 months after the
termination of parental rights, or after the case referral to the
agency if the case was referred 3 months or more after termination.
(iii) The basic and standard category shall be used if the
placement is achieved 9 months or more after the termination of
parental rights, or after the case referral to the agency if the
case was referred 3 months or more after termination.
(3) The department shall not establish a payment category or
unit rate other than those in this section and shall not expend
funds appropriated in part 1 for a payment that does not fall
within a payment category or unit rate structure established in
this section.
Sec. 577. From the money appropriated in part 1, the
department shall allow a community collaborative to use strong
families safe children program funds for a prevention program that
meets standards agreed upon between the community collaborative and
county department offices in accordance with federal regulations
regarding expenditure of strong families safe children program
funds.
Sec. 578. From the money appropriated in part 1, the
department shall make claims for and pay to local units of
government the full benefit of federal title IV-E revenues earned
as a result of eligible costs incurred by local units of
government.
Sec. 579. From the money appropriated in part 1 for youth in
transition, a minimum of $250,000.00 shall be allotted to Wayne
County to support services provided to eligible delinquent state
wards, for whom the department is statutorily responsible, to the
county's juvenile services system.
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 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 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 department offices 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, 2006 and ending
September 30, 2007. The legislature shall be notified not less than
30 days before any proposed reduction in the state supplementation
level.
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) A provider of indigent burial services may
collect additional payment from relatives or other persons on
behalf of the deceased if the total additional payment does not
exceed $4,000.00.
(2) Any additional payment collected pursuant to subsection
(1) shall not increase the maximum charge limit for state payment
as established by law.
(3) A provider of indigent burial services under the indigent
burial services pilot project begun in fiscal year 2005-2006 shall
not request or accept payment from a relative of the deceased or
from another individual, other than payment under the pilot
project.
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. (1) From the money appropriated in part 1 for state
emergency relief, the maximum allowable reimbursement limit for
indigent burials shall be $909.00, which 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.
(2) The department shall continue to work with funeral
directors to establish a regional or statewide pilot program that
allows flexibility in payments from the family of the deceased and
other resources to provide options for different funeral
arrangements and payment. The department may deviate from the
payment limits established in subsection (1) and section 611 in
making payments under the pilot program. The department shall
forward a copy of the pilot program plan to the senate and house of
representatives appropriations subcommittees with jurisdiction over
the department budget not less than 30 days before it is
implemented.
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.
(g) The only eligible recipient in the household has been
incarcerated.
(h) A recipient is no longer a Michigan resident.
(i) A recipient is closed on 1 case to be activated on
another.
(j) Federal payments (other than RSDI, railroad retirement, or
VA) to the group have begun or increased.
(k) A recipient is disqualified for intentional program
violation.
(l) When the department's negative action is upheld in an
administrative hearing.
Sec. 619. The department shall exempt from the denial of title
IV-A assistance and food assistance benefits, contained in 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. 620. The department with the approval of the state budget
director is authorized to increase federal spending authority for
food assistance program benefits if projected caseload spending
will exceed the spending authority in part 1. This authorization
adjustment shall be made 15 days after notifying the chairs of the
house and senate appropriations subcommittees on the department
budget and house and senate fiscal agencies.
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. 635. Within 24 hours 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. 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. 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 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 $5,000,100.00 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, 2008, 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 and may partner with other entities 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.
Sec. 668. (1) In coordination with the Michigan alliance of
boys and girls clubs, the department shall expend $250,000.00 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. 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.
Beginning December 31, 2007, 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 continue to explore policy
options and the potential costs of implementing a child day care
rate structure that more accurately reflects the market cost of
care by vicinity.
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 monthly 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 and the current percentage
of JET pilot program 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. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on the activities of the early childhood
investment corporation (ECIC). The report is due by February 1 of
each year and shall contain at least the following information:
(a) Expenditures for the prior fiscal year and planned
expenditures for the current fiscal year for ECIC administration
and for each program administered by the ECIC.
(b) The projected funding sources for the ECIC expenditures in
subdivision (a).
(c) A list of all new and ongoing contracts for ECIC programs.
(2) All contracts shall be bid out through a statewide
request-for-proposal process, and the department shall send a
report to the house and senate appropriations subcommittees on the
department budget covering the selection criteria for establishing
contracts at least 30 days before the issuance of any request for
proposals.
Sec. 681. By December 1, 2007, the department shall implement
policy changes in the distribution of food assistance program
benefits to address concerns expressed by grocers, food providers,
and the Michigan food policy council. The distribution change shall
seek to achieve a more uniform flow of food assistance expenditures
in any given month and also consider the needs of recipients. A
report on the implemented policy changes shall be provided to the
house and senate appropriations committees, the house and senate
fiscal agencies, and the house and senate policy offices by
December 1, 2007.
Sec. 682. The department shall notify the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the house and senate policy staffs
regarding the JET program savings for fiscal year 2006-2007 and the
details on the proposed use of that money.
Sec. 683. From the money appropriated in part 1 for SSI
advocacy, $1,275,000.00 shall be paid to the Michigan state bar
foundation for SSI advocacy services provided by the legal services
association of Michigan. A payment of $400.00 shall be made for
each case referred to the legal services association of Michigan,
with a final payment of $250.00 upon case completion.
Sec. 684. It is the intent of the legislature that, from the
money appropriated in part 1 for day care services, the department
provide day care payments to day care providers for all eligible
hours of day care services delivered on behalf of department
clients up to a maximum of 100 hours per 2-week pay period.
JUVENILE JUSTICE 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 based on national
standards and best practices. 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) Actual cost and actual days of care by facility for the
most recently completed fiscal year.
(b) Actual cost per day per youth by facility for the most
recently completed fiscal year.
(c) An analysis of the variance between the estimated cost and
days of care assumed in the original appropriation and the figures
in subdivisions (a) and (b).
(d) Both the number of authorized FTE positions for each
facility and the number of actual on-board FTE positions for the
most recently completed fiscal year.
Sec. 706. 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. 707. 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. 708. As a condition of receiving money appropriated in
part 1 for the child care fund line item, by February 15, 2008,
counties shall have an approved service spending plan for the
fiscal year ending September 30, 2008. Counties must submit the
service spending plan to the department by December 15, 2007 for
approval.
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.
Sec. 715. (1) It is the intent of the legislature that the
primary function of the juvenile justice system shall be to promote
the best interest of the child.
(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, 2007 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.
Sec. 719. The department shall notify the legislature at least
30 days before closing or making any change in the status,
including the licensed bed capacity and operating bed capacity, 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,
nonprofit 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 actual 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,
nonprofit providers of medium security juvenile services or to
private, nonprofit providers of 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.
(e) Lower average actual cost per resident.
(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 private, nonprofit
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.
(d) Lower average actual cost per resident.
(e) Shorter average stays in a residential facility.
(3) The department shall reimburse community juvenile justice
providers at a daily rate of $120.00 per day per juvenile resident.
Sec. 723. A private nonprofit 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 physically separate residents of each security
level. However, to be eligible for funding, the private nonprofit
service provider shall not use a for-profit management group or
contract with a for-profit organization for its management.
Sec. 724. (1) Beginning October 1, 2007, direct delinquency
services for male and female juveniles who require community or low
security services and male juveniles who require medium security
services shall be provided under contract with the department by a
licensed, nonprofit, nationally accredited child caring institution
or child placing agency.
(2) Beginning October 1, 2007, the department shall be
responsible for oversight, licensure, and purchase of direct
delinquency services for children and youth who require community
low or medium security services. The department may also provide
direct service and monitoring for children who require high
security services.
(3) The contracts with licensed, nonprofit, nationally
accredited child caring institutions or child placing agencies
shall include specific performance objectives and measurable
outcomes.
Sec. 725. The department shall submit a report by March 1 and
September 1 of each year to the house and senate subcommittees with
oversight over the department budget, the house and senate fiscal
agencies, the house and senate policy offices, and the state budget
director on the results achieved by public and private providers in
the areas outlined in sections 720(3), 721(2), and 722(2). The
report shall compare the results achieved by public providers to
those achieved by private providers.
Sec. 726. Beginning October 1, 2007, from the money
appropriated in part 1 for foster care payments, abuse and neglect;
foster care payments, juvenile justice; child care fund, abuse and
neglect; and child care fund, juvenile justice, the department
shall pay a provider of residential services for juvenile justice
and abused or neglected youth at the daily rate listed in the
following schedule for the provider's contract. For a contract not
listed in the schedule, the department shall pay the provider a
daily rate that is 7.5% more than the rate paid in fiscal year
2006-2007.
Contract # Provider # Contractor Name Rate
07-99061 6355620 Child & Family Services Of
Northeast Michigan $172.02
07-99057 6355675 Boysville Of Michigan, Inc. $149.00
07-99015 6355890 Starr Commonwealth $175.95
07-99006 6356082 Universal Health Services, Inc. $267.31
07-99077 6356144 Teaching Family Homes Of
Upper Michigan $140.74
07-99012 6356270 Whaley Children's Center $198.29
07-99012 6356340 Whaley Children's Center $198.29
07-99043 6356350 Boysville Of Michigan, Inc. $168.31
07-99012 6356396 Whaley Children's Center $198.29
07-99012 6356430 Whaley Children's Center $198.29
07-99014 6356618 The Manor $177.62
07-99015 6356618 The Manor $177.62
07-99014 6356627 The Manor $177.62
07-99015 6356627 The Manor $177.62
07-99014 6356636 The Manor $177.62
07-99015 6356636 The Manor $177.62
07-99015 6356654 The Manor $177.62
07-99014 6356663 The Manor $177.62
07-99015 6356663 The Manor $177.62
07-99068 6356672 Good Will Farm Association, Inc. $174.27
07-99007 6356734 St. Vincent Catholic Charities $198.29
07-99008 6356734 St. Vincent Catholic Charities $248.27
07-99008 6356743 Highfields, Inc. $175.95
07-99065 6356912 Forestland Group Homes $153.80
07-99018 6357007 Florence Crittenton Services $120.00
07-99018 6357007 Florence Crittenton Services $151.56
07-99003 6357212 Wedgwood Christian Youth &
Family Services $260.26
07-99004 6357268 Wedgwood Christian Youth &
Family Services $175.95
07-99004 6357277 Wedgwood Christian Youth &
Family Services $175.95
07-99005 6357295 St. John's Home $175.85
07-99003 6357464 Wedgwood Christian Youth &
Family Services $260.26
07-99040 6357571 Boysville Of Michigan, Inc. $154.95
07-99041 6357571 Boysville Of Michigan, Inc. $225.43
07-99078 6357750 Teaching Family Homes Of
Upper Michigan $190.89
07-99047 6357830 Boysville Of Michigan, Inc. $172.65
07-99047 6357830 Boysville Of Michigan, Inc. $172.65
07-99090 6357849 Children's Home Of Detroit $282.84
07-82011 6357938 Harbor Oaks Hospital $314.12
07-99069 6357938 Great Lakes Recovery Centers, Inc $158.70
07-99048 6358078 Boysville Of Michigan, Inc. $154.95
07-25001 6358200 Boys & Girls Republic $216.13
07-25001 6358200 Boys & Girls Republic $216.13
07-63001 6358200 Boys & Girls Republic $216.13
07-99070 6358210 Judson Center $175.38
07-99059 6358425 Crossroads For Youth $130.00
07-99060 6358425 Crossroads For Youth $169.99
07-99082 6358425 Crossroads For Youth $130.00
07-99083 6358775 Pineview Homes, Inc. $130.00
07-99064 6358784 Eagle Village, Inc. $172.65
07-99058 6358953 Boysville Of Michigan, Inc. $179.11
07-99044 6358980 Boysville Of Michigan, Inc. $149.00
07-99044 6358990 Boysville Of Michigan, Inc. $149.00
07-99050 6359039 Boysville Of Michigan, Inc. $131.41
07-99051 6359039 Boysville Of Michigan, Inc. $155.65
07-99003 6359315 Wolverine Human Services $145.28
07-99089 6359315 Wolverine Human Services $183.48
07-99087 6359370 Helpsource $239.53
07-99076 6359398 St. Louis Center $130.00
07-99063 6359422 Helpsource $183.18
07-99087 6359422 Helpsource $239.53
07-99074 6359567 Salvation Army Denby Center
For Children & Family $130.00
07-99091 6359576 Children's Home Of Detroit $175.95
07-82008 6359594 Barat Child And Family Services $144.73
07-82009 6359600 Christ Child House $166.57
07-82012 6359610 St. Peter's Home $159.57
07-99067 6359638 Girlstown $152.81
07-99006 6359656 Federation Of Youth Services $172.65
07-82010 6359674 Don Bosco Hall $154.14
07-99072 6359781 Methodist Children's Home Society $198.29
07-99054 6359825 Vista Maria $166.09
07-99080 6359825 Vista Maria $243.55
07-99001 6359852 Spectrum Human Services $198.29
07-99047 6359932 Boysville Of Michigan, Inc. $172.65
07-99049 6359932 Boysville Of Michigan, Inc. $172.65
07-99049 6359932 Boysville Of Michigan, Inc. $172.65
07-99001 6359975 Spectrum Human Services $198.29
07-99001 6359997 Spectrum Human Services $198.29
07-99066 6360020 Girlstown $177.91
07-99086 6360100 Salvation Army Denby Center
For Children & Family $194.37
07-99056 6360192 Wolverine Human Services $228.88
07-99045 6360380 Boysville Of Michigan, Inc. $179.62
07-82015 6360423 Boysville Of Michigan, Inc. $172.65
07-99001 7739210 Spectrum Human Services $198.29
07-99065 9772751 Forestland Group Homes $153.80
07-99063 63594046 Helpsource $183.18
Sec. 727. (1) The legislature shall determine the cost of care
for public juvenile justice facilities by dividing the amount
obtained under subdivision (a) by the number of days determined
under subdivision (b):
(a) Add the initial appropriation for the facilities to an
allocation from the appropriation for juvenile justice field staff,
administration, and maintenance, and subtract amounts for
applicable federal meal reimbursements.
(b) The projected days of care as determined by the
legislature in consultation with the department.
(2) Total per diem and chargeback rates determined under
subsection (1) are effective January 1 in the fiscal year of the
initial appropriation. By November 1, 2007, the department shall
publish the following 2008 per diem and chargeback rates:
(a) High security juvenile services, male: per diem rate of
$625.57; chargeback rate of $312.79.
(b) High and medium security juvenile services, female: per
diem rate of $588.13; chargeback rate of $294.07.
(c) Juvenile justice services, northern Michigan: per diem
rate of $328.70; chargeback rate of $164.35.
Sec. 728. The department and the department of corrections
shall enter into an intergovernmental agreement to place 140
children in the west wing of the Woodland center and in the
Sequoyah center on the campus of the W.J. Maxey training school.
The facilities shall be used to house children currently committed
to the department of corrections.
Sec. 729. The appropriation in part 1 for capital
improvements, juvenile justice facilities shall only be expended to
facilitate capital improvements to the Sequoyah center on the
campus of the W.J. Maxey training school that are necessary to meet
federal department of justice requirements. The appropriation is
contingent upon the establishment of an intergovernmental agreement
between the department and the department of corrections to operate
the Sequoyah center to house children currently committed to the
department of corrections.
Sec. 730. It is the intent of the legislature that any
department workers displaced from employment during fiscal year
2007-2008 shall be reassigned and placed at the W.J. Maxey training
school.
Sec. 731. As a condition for receiving the appropriation in
part 1 for the child care fund line items, the department shall not
charge any county for expenses related to the payment of an
administrative rate to private child placing agencies that oversee
neglect and abuse wards if these same administrative costs are not
charged in a uniform manner to all counties in this state.
Sec. 732. It is the intent of the legislature that the
department establish a wage pass-through program to ensure that the
rate increases for child placing agencies and residential child
caring institutions provided in part 1 within the child care fund
and foster care payments line items shall be used to provide
enhanced wages and new or enhanced employee benefits for employees
within those institutions and agencies. Eighty-five percent of the
rate increase shall be passed through to direct care workers. At
least 30 days before implementing the program, the department shall
report to the house and senate appropriations subcommittees with
jurisdiction over the department budget on the details of the
program, and the department shall not proceed with the program
until the subcommittees have reviewed and approved the program.
LOCAL OFFICE SERVICES
Sec. 750. The department shall maintain out-stationed
eligibility specialists in community-based organizations and
hospitals.
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 budget implications and outcomes by
August 2008.
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, 2007 on each specific policy
change made to implement enacted legislation and the plans to
implement the recommendations, including timelines, 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.
Sec. 754. 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, provided that the agency trainer and training materials
are accredited by the department, and that the agency documents to
the department that the training was provided. The department shall
provide access to any training materials requested by the private
agencies to facilitate this training.
Sec. 755. From the money appropriated in part 1, $8,154,100.00
shall be expended to add up to 200 FTE title IV-E eligibility
specialist positions. Employees filling these positions shall be
assigned to local county offices and shall serve as specialists in
determining title IV-E eligibility for child welfare cases with the
goal of increasing the number of title IV-E eligible cases
statewide. These positions shall be classified as services
specialists within the state classified civil service system.
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 schoolteachers.
CHILD SUPPORT ENFORCEMENT
Sec. 901. (1) The appropriations in part 1 assume a total
federal child support incentive payment of $26,500,000.00.
(2) From the federal money received for child support
incentive payments, $12,000,000.00 shall be retained by the state
and expended for child support program expenses.
(3) From the federal money received for child support
incentive payments, $14,500,000.00 shall be paid to the counties
based on each county's performance level for each of the federal
performance measures as established in the code of federal
regulations, CFR 45.305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00 but less than
$30,000,000.00, then the additional revenue is appropriated so that
50% of the excess shall be retained by the state and 50% of the
excess shall be paid to the counties based on the distribution
outlined in subsection (3).
(5) If the child support incentive payment to the state from
the federal government is greater than $30,000,000.00, the
additional funds above $30,000,000.00 shall be subject to
appropriation by the legislature.
(6) If the child support incentive payment to the state from
the federal government is less than $26,500,000.00, then the state
and county allocations in subsections (2) and (3) shall each be
reduced by 50% of the shortfall.
Sec. 902. (1) The department shall continue its work to fix
and improve the child support computer system using the funding
carried forward from fiscal year 2006-2007 appropriations.
(2) 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 and child support
arrearage settlement for the purposes of this section.
(3) The department, through the child support leadership
group, shall provide semiannual reports to the legislature
concerning money expended and improvements made as a result of this
section.
Sec. 903. The department may 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 in addition to a program or programs under
existing contract between either or both of the departments with a
private entity on September 1, 2005. The program shall be entirely
funded with state and federal funds from money first recovered or
through costs that are avoided by charging the insurance coverage
for minor children from state programs to private insurance.
Sec. 907. The office of child support in cooperation with the
state court administrative office shall establish a pilot program
to examine the effectiveness of contracting with a public or
private collection agency as authorized under section 10 of the
office of child support act, 1971 PA 174, MCL 400.240. The pilot
program shall be implemented during fiscal year 2007-2008. Any
restricted revenue collected pursuant to this section shall not be
expended until the department and representatives from counties and
the friends of the court meet and agree upon recommendations for
use of the revenue. The revenue is subject to appropriation by the
legislature.
Sec. 908. From the money appropriated in part 1 for child
support enforcement operations, $500,000.00 shall be expended on a
contract with GC services aimed at collecting child support
arrearages. Cases shall be assigned to GC services with the goal
that at least 15% of collected arrearages be owed to this state on
behalf of current or former TANF recipients. GC services shall be
allowed to retain up to 15% of arrearages collected as a fee for
services. By September 30, 2008, the department shall report to the
house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the house and
senate policy offices on the following contract results:
(a) Number of cases assigned to GC services.
(b) Number of cases in which GC services successfully
collected on arrearages.
(c) Total arrearages collected.
(d) Total arrearages collected that were owed to this state as
reimbursement for public assistance.
(e) Total amount retained by GC services.
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 implement 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 activities shall also be based on risk to the vulnerable
children and adults receiving services from licensees. The plan
shall include an implementation date for fiscal year 2007-2008 and
be submitted, by January 31, 2008, 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.
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 1101. 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. 1102. 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, 2007, 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. 1103. The appropriation in part 1 for the weatherization
program shall be expended so 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 program assistance.
(b) State disability assistance.
(c) Food assistance.
(d) Supplemental security income.