SB-0192, As Passed Senate, April 30, 2013
SUBSTITUTE FOR
SENATE BILL NO. 192
A bill to make appropriations for the department of human
services for the fiscal year ending September 30, 2014; and to
provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of human
services for the fiscal year ending September 30, 2014, from the
following funds:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated classified positions....... 12,038.7
Unclassified positions............................ 6.0
Total full-time equated positions............ 12,044.7
GROSS APPROPRIATION.................................... $ 6,045,776,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 30,594,600
ADJUSTED GROSS APPROPRIATION........................... $ 6,015,181,500
Federal revenues:
Federal - food assistance administration (ARRA)........ 35,846,200
Social security act, temporary assistance for needy
families............................................. 535,807,300
Federal supplemental security income................... 8,543,100
Total federal revenues................................. 4,222,618,600
Special revenue funds:
Total private revenues................................. 9,856,000
Total local revenues................................... 37,891,500
Total other state restricted revenues.................. 151,506,400
State general fund/general purpose..................... $ 1,013,112,400
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................ 1,010,958,200
One-time state general fund/general
purpose.................................... 2,154,200
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 673.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 667.7
Senate Bill No. 192 as amended April 30, 2013
Unclassified salaries--6.0 FTE positions............... $ 707,000
Salaries and wages--270.7 FTE positions................ 16,713,900
Contractual services, supplies, and materials.......... 12,115,400
Demonstration projects--7.0 FTE positions.............. 6,463,000
Inspector general salaries and wages--132.0 FTE
positions............................................ 7,495,100
Electronic benefit transfer EBT........................ 13,009,000
Michigan community service commission--15.0 FTE
positions............................................ 11,382,900
AFC, children's welfare and day care
licensure--243.0 FTE positions....................... 29,365,200
State office of administrative hearings and rules...... 7,351,400
Staff and cost contingency fund........................ <<37,171,200>>
GROSS APPROPRIATION.................................... $ <<141,774,100>>
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 13,874,900
ADJUSTED GROSS APPROPRIATION........................... $ 127,899,300
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 8,887,800
Total other federal revenues........................... 60,196,800
Special revenue funds:
Total private revenues................................. 3,845,800
Total local revenues................................... 16,400
Total other state restricted revenue................... 83,600
Senate Bill No. 192 as amended April 30, 2013
State general fund/general purpose..................... $ <<54,868,800>>
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 180.7
Child support enforcement operations--174.7 FTE
positions............................................ $ 20,604,800
Legal support contracts................................ 113,253,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 11,315,400
GROSS APPROPRIATION.................................... $ 177,583,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 154,768,700
Special revenue funds:
State general fund/general purpose..................... $ 22,814,700
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 16.0
Bureau of community action and economic
opportunity--16.0 FTE positions...................... $ 2,044,200
Community services block grant......................... 25,840,000
Weatherization assistance.............................. 16,340,000
GROSS APPROPRIATION.................................... $ 44,224,200
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 500
Total federal revenues................................. 44,223,700
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions.......... 594.7
Executive direction and support--4.0 FTE positions..... $ 379,400
Guardian contract...................................... 490,200
Adult services policy and administration--7.0 FTE
positions............................................ 819,100
Office of program policy--31.7 FTE positions........... 4,151,200
Employment and training support services............... 5,377,800
Wage employment verification reporting................. 547,300
Nutrition education--2.0 FTE positions................. 30,034,200
Elder law of Michigan MiCAFE contract.................. 175,000
Elder abuse prosecuting attorney....................... 300,000
Michigan rehabilitation services--550.0 FTE positions.. 138,275,900
Independent living..................................... 4,488,600
GROSS APPROPRIATION.................................... $ 185,038,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 22,500
ADJUSTED GROSS APPROPRIATION........................... $ 185,016,200
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 4,860,400
Federal supplemental security income................... 8,543,100
Total other federal revenues........................... 141,040,800
Special revenue funds:
Private - gifts, bequests, and donations............... 1,935,000
Local vocational rehabilitation match.................. 6,500,000
Second injury fund..................................... 148,400
Rehabilitation service fees............................ 1,434,300
State general fund/general purpose..................... $ 20,554,200
Sec. 106. CHILDREN'S SERVICES
Full-time equated classified positions.......... 120.8
Salaries and wages--58.2 FTE positions................. $ 3,143,900
Contractual services, supplies, and materials.......... 1,143,000
Interstate compact..................................... 179,600
Families first......................................... 17,950,700
Strong families/safe children.......................... 12,350,100
Child protection and permanency--23.0 FTE positions.... 16,627,800
Family reunification program........................... 3,977,100
Family preservation and prevention services
administration--11.0 FTE positions................... 1,408,300
Children's trust fund administration--12.0 FTE
positions............................................ 787,600
Children's trust fund grants........................... 2,325,100
Attorney general contract.............................. 3,939,000
Prosecuting attorney contracts......................... 2,561,700
Child protection....................................... 673,900
Domestic violence prevention and treatment--14.6 FTE
positions............................................ 15,205,800
Rape prevention and services--0.5 FTE positions........ 5,072,300
Child advocacy centers--0.5 FTE positions.............. 2,000,000
Child abuse and neglect - children's justice act
--1.0 FTE positions.................................. 617,700
Senate Bill No. 192 as amended April 30, 2013
Family preservation and prevention services programs... 2,500,000
<<Human trafficking intervention services.............. 100>>
GROSS APPROPRIATION.................................... $ <<92,463,700>>
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 48,793,400
Total other federal revenues........................... 30,799,100
Special revenue funds:
Compulsive gambling prevention fund.................... 1,040,000
Children's trust fund.................................. 2,070,100
Sexual assault victims' prevention and treatment....... 3,000,000
Child advocacy centers fund............................ 2,000,000
State general fund/general purpose..................... $ <<4,761,100>>
Sec. 107. CHILD WELFARE SERVICES
Full-time equated classified positions........ 3,884.4
Children's services administration--97.0 FTE positions. $ 6,892,600
Title IV-E compliance and accountability office--4.0
FTE positions........................................ 506,900
Child welfare institute--45.0 FTE positions............ 8,010,900
Child protective services workers--1,626.6 FTE
positions............................................ 76,721,300
Direct care workers--1,132.7 FTE positions............. 55,910,200
Education planners--14.0 FTE positions................. 754,300
Permanency planning conference coordinators--57.0
FTE positions........................................ 3,426,900
Child welfare first line supervisors--555.4 FTE
positions............................................ 37,799,000
Administrative support workers--226.0 FTE positions.... 9,463,500
Second line supervisors and technical staff--49.0
FTE positions........................................ 3,799,500
Permanency planning specialists--56.0 FTE positions.... 3,423,900
Contractual services, supplies, and materials.......... 8,673,000
Settlement monitor..................................... 1,625,800
Foster care payments................................... 190,766,600
Serious emotional disturbance - waiver program......... 3,275,800
Serious emotional disturbance - nonwaiver program...... 2,932,000
Guardianship assistance program........................ 5,945,000
Child care fund........................................ 166,512,100
Child care fund administration--6.2 FTE positions...... 828,200
Adoption subsidies..................................... 219,376,700
Adoption support services--10.0 FTE positions.......... 24,696,700
Youth in transition--5.5 FTE positions................. 14,703,600
Child welfare medical/psychiatric evaluations.......... 6,607,500
Psychotropic oversight contracts....................... 1,118,200
GROSS APPROPRIATION.................................... $ 853,770,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 237,600
ADJUSTED GROSS APPROPRIATION........................... $ 853,532,600
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 184,220,700
Total federal revenues................................. 294,810,900
Special revenue funds:
Private - collections.................................. 1,474,100
Local funds - county chargeback........................ 16,699,900
State general fund/general purpose..................... $ 356,327,000
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 182.0
W.J. Maxey training school--69.0 FTE positions......... $ 10,592,400
Bay pines center--42.0 FTE positions................... 4,769,000
Shawono center--42.0 FTE positions..................... 4,851,500
County juvenile officers............................... 3,904,300
Community support services--2.0 FTE positions.......... 1,295,500
Juvenile justice, administration and
maintenance--24.0 FTE positions...................... 3,978,400
Juvenile accountability block grant--0.5 FTE positions. 1,281,300
Committee on juvenile justice administration--2.5
FTE positions........................................ 340,300
Committee on juvenile justice grants................... 3,000,000
In-home community care................................. 1,500,000
GROSS APPROPRIATION.................................... $ 35,512,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 5,107,500
Special revenue funds:
Local funds - state share education funds.............. 2,168,100
Local funds - county chargeback........................ 9,158,000
State general fund/general purpose..................... $ 19,079,100
Sec. 109. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 5,790.0
Field staff, salaries and wages--5,548.0 FTE positions. $ 293,501,400
Contractual services, supplies, and materials.......... 13,404,800
Medical/psychiatric evaluations........................ 1,420,100
Donated funds positions--208.0 FTE positions........... 13,757,600
Training and program support--24.0 FTE positions....... 2,441,300
Volunteer services and reimbursement................... 1,142,400
SSI advocates--10.0 FTE positions...................... 786,400
GROSS APPROPRIATION.................................... $ 326,454,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 100,000
IDG from department of education....................... 7,835,400
ADJUSTED GROSS APPROPRIATION........................... $ 318,518,600
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 60,398,200
Total other federal revenues........................... 129,004,200
Special revenue funds:
Local funds............................................ 3,349,100
Private funds - donated funds.......................... 2,601,100
Supplemental security income recoveries................ 630,700
State general fund/general purpose..................... $ 122,535,300
Sec. 110. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 572.4
Disability determination operations--546.9 FTE
positions............................................ $ 83,545,500
Medical consultation program--21.4 FTE positions....... 2,509,200
Retirement disability determination--4.1 FTE positions. 423,900
GROSS APPROPRIATION.................................... $ 86,478,600
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB - office of retirement services.......... 536,100
ADJUSTED GROSS APPROPRIATION........................... $ 85,942,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 82,926,700
Special revenue funds:
State general fund/general purpose..................... $ 3,015,800
Sec. 111. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 46,804,500
Occupancy charge....................................... 8,967,000
Travel................................................. 8,220,700
Equipment.............................................. 62,600
Worker's compensation.................................. 1,727,100
Payroll taxes and fringe benefits...................... 400,728,300
GROSS APPROPRIATION.................................... $ 466,510,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 6,044,500
ADJUSTED GROSS APPROPRIATION........................... $ 460,465,700
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 107,018,200
Total other federal revenues........................... 189,238,000
Special revenue funds:
State general fund/general purpose..................... $ 164,209,500
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions............ 8.0
Family independence program............................ $ 239,422,100
State disability assistance payments................... 26,556,400
Food assistance program benefits....................... 2,798,081,200
Food assistance program benefits (ARRA)................ 35,846,200
State supplementation.................................. 63,226,700
State supplementation administration................... 2,118,600
Low-income home energy assistance program.............. 139,651,600
Food bank funding...................................... 1,795,000
Homeless programs...................................... 15,721,900
Chaldean community foundation.......................... 1,000,000
Multicultural integration funding...................... 1,515,500
Indigent burial........................................ 4,300,000
Emergency services local office allocations............ 16,092,600
Michigan energy assistance program--1.0 FTE positions.. 60,000,000
Refugee assistance program--7.0 FTE positions.......... 27,955,900
Energy self-sufficiency program........................ 35,300,000
GROSS APPROPRIATION.................................... $ 3,468,583,700
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 105,817,700
Federal supplemental nutrition assistance revenues
(ARRA)............................................... 35,846,200
Total other federal revenues........................... 2,998,121,100
Special revenue funds:
Child support collections.............................. 29,033,400
Supplemental security income recoveries................ 14,955,900
Public assistance recoupment revenue................... 7,010,000
Low-income energy assistance fund...................... 60,000,000
Michigan merit award trust fund........................ 30,100,000
State general fund/general purpose..................... $ 187,699,400
Sec. 113. INFORMATION TECHNOLOGY
Data center operations................................. $ 13,191,300
Telecommunications..................................... 8,291,600
Support services....................................... 10,504,200
Staff support.......................................... 33,377,100
Direct agency charges.................................. 47,534,000
Administration and internet............................ 6,217,000
Child support automation............................... 42,117,700
GROSS APPROPRIATION.................................... $ 161,232,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 1,943,600
ADJUSTED GROSS APPROPRIATION........................... $ 159,289,300
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 15,810,400
Total federal revenues................................. 88,385,600
Special revenue funds:
State general fund/general purpose..................... $ 55,093,300
Sec. 114. ONE-TIME BASIS ONLY APPROPRIATIONS
Full-time equated classified positions........... 16.0
Juvenile justice behavioral health study............... $ 250,000
Family preservation and prevention services
programs--1.0 FTE positions.......................... 1,500,000
Child protection and permanency........................ 1,000,000
Demonstration projects................................. 1,500,000
One-time child support enforcement operations--11.0
FTE positions........................................ 1,092,400
One-time medical consultation program--4.0 FTE
positions............................................ 807,300
GROSS APPROPRIATION.................................... $ 6,149,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 3,995,500
Special revenue funds:
State general fund/general purpose..................... $ 2,154,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
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 2013-2014 is $1,164,618,800.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $91,338,400.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 83,256,100
County juvenile officers............................... 3,904,300
State disability assistance payments................... 976,400
Legal support contracts................................ 3,141,000
Family independence program............................ 60,600
TOTAL.................................................. $ 91,338,400
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) "ARRA" means the American recovery and reinvestment act of
2009, Public Law 111-5.
(c) "Current fiscal year" means the fiscal year ending
September 30, 2014.
(d) "Department" means the department of human services.
(e) "Director" means the director of the department of human
services.
(f) "FTE" means full-time equated.
(g) "IDG" means interdepartmental grant.
(h) "MiCAFE" means Michigan's coordinated access to food for
the elderly.
(i) "Previous fiscal year" means the fiscal year ending
September 30, 2013.
(j) "Settlement" means the settlement agreement entered in the
case of Dwayne B. v Snyder, docket no. 2:06-cv-13548 in the United
States district court for the eastern district of Michigan.
(k) "SSI" means supplemental security income.
(l) "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 619.
(m) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 669b.
(n) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 679c.
Sec. 204. The civil service commission shall bill departments
and agencies 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. 207. (1) 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.
(2) Neither the department nor private service providers or
licensees shall be granted preferential treatment or considered
automatically to be 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 collective bargaining agreements.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This requirement shall include transmission of reports via
electronic mail to the recipients identified for each reporting
requirement, and it shall include placement of reports on the
Internet.
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 of 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
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 212. (1) 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.
(2) The department's ability to satisfy appropriation fund
sources in part 1 shall not be limited to collections and accruals
pertaining to services provided in the current fiscal year, but
shall also include reimbursements, refunds, adjustments, and
settlements from prior years.
Sec. 213. The department may retain all of the state's share
of food assistance overissuance collections as an offset to general
fund/general purpose costs. Retained collections shall be applied
against federal funds deductions in all appropriation units where
department costs related to the investigation and recoupment of
food assistance overissuances are incurred. Retained collections in
excess of such costs shall be applied against the federal funds
deducted in the executive operations appropriation unit.
Sec. 214. On a quarterly 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. 217. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of 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 house and senate standing committees on
appropriations, the house and senate fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total 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.
Sec. 219. The department shall maintain a searchable website
accessible by the public at no cost that includes, but is not
limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 220. 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.
Sec. 221. (1) 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.
(2) The department shall provide a report on the amount of
each revenue stream to be carried forward, as well as the
cumulative amount, for the closing fiscal year by October 30, 2014,
to the senate and house appropriations subcommittees on the
department budget, the senate and house standing committees on
families and human services, and the senate and house fiscal
agencies and policy offices.
Sec. 222. (1) The department shall notify the chairpersons of
the senate and house appropriations subcommittees on the budget for
the department of any policy changes at least 30 days before the
implementation date.
(2) The department shall report no later than April 1 of the
current fiscal year on each specific policy change made to
implement a public act affecting the department that took effect
during the prior calendar year to the house and senate
appropriations subcommittees on the budget for the department, the
joint committee on administrative rules, and the senate and house
fiscal agencies.
Sec. 225. The department may hire physicians to be part of the
medical review team (MRT) on a temporary basis if Medicaid
applications are backlogged more than 2,000. The temporary
physicians shall be retained until the backlog has dropped below
2,000 for 2 consecutive months. The role of the physicians will be
to obtain medical evidence from and grant medical determinations to
applicants.
Sec. 226. Before issuing a request for proposal for contracted
services, the department shall issue a request for information or a
request for quotation for the proposed service. The department
shall integrate the information obtained through the request for
information or request for quotation into the request for proposal.
Sec. 240. The department shall notify the house and senate
appropriations committees and the house and senate fiscal agencies
of any changes to a child welfare master contract that results in
increased rates or increased spending on services not less than 30
days before the change takes effect.
Sec. 250. (1) 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 technology, management, and budget. 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.
(2) The department shall send the work project requests via
electronic mail to the chairpersons of the senate and house
subcommittees on the budget for the department at least 30 days
before the date that those requests go into effect.
Sec. 251. Funds appropriated in part 1 for the staff and cost
contingency fund shall be made available to the department for
additional staffing and cost needs. 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. 259. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
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. 265. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on the department
budget, respectively, and the senate and house fiscal agencies with
an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2013 and
September 30, 2014.
Sec. 274. (1) 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 the day the
governor submits to the legislature the budget for the ensuing
fiscal year a report on spending and revenue projections for each
of the capped federal funds listed below. The report shall contain
actual spending and revenue in the previous fiscal year, spending
and revenue projections for the current fiscal year as enacted, and
spending and revenue projections within the executive budget
proposal for the fiscal year beginning October 1, 2014 for each
individual line item for the department budget. The report shall
also include federal funds transferred to other departments. The
capped federal funds shall include, but not be limited to, all of
the following:
(a) TANF.
(b) Title XX social services block grant.
(c) Title IV-B part I child welfare services block grant.
(d) Title IV-B part II promoting safe and stable families
funds.
(2) By February 15 of the current fiscal year, the department
shall prepare an annual report of its efforts to identify
additional TANF maintenance of effort sources from all of the
following, but not limited to:
(a) Other departments.
(b) Local units of government.
(c) Private sources.
Sec. 279. (1) All contracts relating to human services 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.
(2) During the annual budget presentation, the department
shall provide the senate and house appropriations subcommittees on
the department budget and the senate and house fiscal agencies and
policy offices a report detailing measurable performance
indicators, desired outcomes, and an assessment of the quality of
services provided by the department during the previous fiscal
year.
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 article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this article 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
article 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
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(5) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000,000.00 for federal
TANF contingency funds. It is the intent of the legislature that
these funds shall be used to meet any shortfalls in budgeting for
ongoing expenses that meet the eligibility requirements of the TANF
block grant and for any other appropriate program expenses. These
funds are not available for expenditure until they have been
transferred to another line item in this article under section
393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 290. Any public advertisement for state assistance shall
also inform the public of the welfare fraud hotline operated by the
department.
Sec. 291. (1) The department shall verify, using the e-verify
system, that all new department employees, and new hire employees
of contractors and subcontractors paid from funds appropriated in
part 1, are legally present in the United States. The department
may verify this information directly or may require contractors and
subcontractors to verify the information and submit a certification
to the department.
(2) By March 1 of the current fiscal year, the department
shall submit to the house and senate appropriations committees and
the house and senate fiscal agencies a report certifying that it
has verified, or has required contractors and subcontractors to
verify, using the e-verify system, that all new department
employees and new hire employees of contractors and subcontractors
are legally present in the United States.
Sec. 293. The department may use funds from the funds
appropriated in part 1 to strengthen marriage and family relations
through the practice of marriage and family therapy for
individuals, families, couples, or groups. The goal of the therapy
shall be strengthening families by helping them avoid, eliminate,
relieve, manage, or resolve marital or family conflict or discord.
Sec. 296. Not later than November 30, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, and the senate and
house fiscal agencies.
Sec. 297. Not later than October 20 of the current fiscal
year, the department shall notify the legislature, the chairpersons
of the senate and house appropriations committees, and the
chairpersons of the senate and house human services appropriations
subcommittees of anticipated overspending in any line item in the
previous fiscal year.
Sec. 298. By March 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the senate and house policy offices an annual report
on the supervisor-to-staff ratio by department divisions and
subdivisions.
Sec. 299. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
EXECUTIVE OPERATIONS
Sec. 307. (1) From the funds appropriated in part 1 for
demonstration projects, $400,000.00 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) Funds 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 funds 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 refer to the department any calls
received reporting fraud, waste, or abuse of state-administered
public assistance.
(4) 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.
ADULT AND FAMILY SERVICES
Sec. 401. All funds appropriated in part 1 for independent
living shall be used to support centers for independent living in
compliance with federal rules and regulations for those centers, by
existing centers for independent living to serve underserved areas,
and for projects to build capacity of centers for independent
living to deliver independent living services. Applications for the
funds shall be reviewed in accordance with criteria and procedures
established by the department. Funds shall be used in a manner
consistent with the state plan for independent living.
Sec. 402. The Michigan commission for the blind and the
Michigan rehabilitation services shall work collaboratively with
service organizations and government entities to identify qualified
match dollars to maximize use of available federal vocational
rehabilitation funds.
Sec. 403. It is the intent of the legislature that the funds
appropriated in part 1 for Michigan rehabilitation services, and
any future funds appropriated for that purpose, shall not be spent
unless Michigan rehabilitation services addresses, works to remedy,
and accounts for the deficiencies found in Michigan rehabilitation
services as detailed in the most recent auditor general report of
Michigan rehabilitation services, and provides all relevant
documentation on expenditures of the funds appropriated in part 1.
Sec. 415. (1) If funds become available in part 1, 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) If funds become available in part 1, 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. 420. (1) From the funds appropriated in part 1, the
department shall contract with the prosecuting attorneys
association of Michigan for 2 elder abuse resource prosecuting
attorneys positions to provide the support and services necessary
to increase the capability of the state's prosecutors, adult
protective service system, and criminal justice system to
effectively identify, investigate, and prosecute elder abuse and
financial exploitation.
(2) By March 1 of the current fiscal year, the prosecuting
attorneys association shall provide a report on the efficacy of the
contract to the state budget office, the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the house and senate policy
offices.
Sec. 423. From the funds appropriated in part 1 for elder law
of Michigan MiCAFE contract, the department shall allocate not less
than $175,000.00 to the elder law of Michigan MiCAFE to assist this
state's elderly population to participate in the food assistance
program. The funds 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.
Sec. 424. Not later than April 1, 2014, the department may
enter into a contract with a nonprofit entity that operates
throughout this state to provide vehicle purchases and vehicle
repairs for all low-income individuals who the department
determines are eligible. The department shall work in conjunction
with the nonprofit entity to ensure that the barriers to self-
sufficiency are removed for each individual.
Sec. 425. From the funds appropriated in part 1, the
department shall provide individuals not more than $500.00 for
vehicle repairs, including any repairs done in the previous 12
months. However, the department may in its discretion pay for
repairs up to $900.00. Payments under this section shall include
the combined total of payments made by the department and work
participation program. By December 31, the department shall provide
to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the
senate and house policy offices a report detailing the number of
payments for repairs that exceeded $500.00 in the prior fiscal
year.
CHILDREN'S SERVICES
Sec. 501. A goal is established that not more than 31% of all
children in foster care at any given time during the current fiscal
year will have been in foster care for 24 months or more. During
the annual budget presentation, the department shall provide a
report describing the steps that will be taken to achieve the
specific goal established in this section.
Sec. 502. (1) 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.
(2) The department shall audit all of the claims in subsection
(1) to ensure that the expenditures are eligible. The requirement
in this subsection does not apply if an audit of tribal governments
does not comply with federal statute and regulations.
Sec. 503. The department shall oversee a contract with an
outside vendor to establish per diem rates for private agencies
providing foster care, residential care, and juvenile justice, and
to establish per diem rates for the department providing same
services, using an economic rate-setting methodology that results
in a rate that is adequate, reasonable, cost-based, compliant with
federal regulations, and supportive of state contractual
requirements. The outside vendor shall consult with private
providers that have contracts with the department on establishing
the costs of providing services. The outside vendor shall establish
an agreement among the private providers and the department on the
parameters for setting the costs before recommending the per diem
rates. The rates shall be established by an outside vendor before
the implementation of contracts. The department shall provide to
the senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, and the senate and house fiscal agencies and policy
offices a report detailing the rates by March 1 of the current
fiscal year.
Sec. 504. From the funds appropriated in part 1 for data
center operations, the department shall use $5,000,000.00 to
integrate data on adjudicated youths who are under court
supervision into the statewide automated child welfare information
system by September 30, 2014.
Sec. 505. By March 1 of the current fiscal year, the
department and Wayne County shall provide to the senate and house
appropriations committees on the department budget and the senate
and house fiscal agencies and policy offices a report for youth
served in the previous fiscal year and in the first quarter of the
current fiscal year outlining the number of youth served within
each juvenile justice system, the type of setting for each youth,
performance outcomes, and financial costs or savings.
Sec. 506. The department shall guarantee that a child under
state or court supervision who receives Medicaid will continue to
receive Medicaid with no break in coverage if the child moves to
another county and remains under the supervision of the state or
court. The state or court supervision in this section may be
provided through public or private service providers.
Sec. 507. 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 may include revenues collected
during the current fiscal year for services provided in prior
fiscal years.
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 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 of the current fiscal year.
Sec. 509. (1) From the funds appropriated in part 1 for the
child welfare training institute, the department shall use up to
$100,000.00 to enter into a contract for a pilot program for gentle
teaching methods to be taught to child protective services trainees
who will be assigned to eligible service sites. The department
shall select 4 eligible sites as follows: 1 rural, 1 suburban, and
2 urban. The contract shall be fulfilled by a private organization
that provides regional services and has experience using gentle
teaching methods with diverse client populations, including foster
care children.
(2) The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1, 2014 on the results of the
pilot program, including the number of participants, actual costs
of the pilot program, and a cost estimate to make the gentle
teaching method a required training component for all new and
existing child protective services workers by March 1, 2015.
Sec. 511. From the funds appropriated in part 1 for juvenile
justice administration and maintenance and foster care, the
department shall provide $40,000.00 for the implementation of the
standardized assessment tools for juvenile justice and foster care
recommended in the legislative report described in section 511(1)
of 2012 PA 200, the child and adolescent needs and strengths (CANS)
assessment, and the Michigan juvenile justice assessment system
(MJJAS). The assessment tools shall be implemented statewide no
later than October 1, 2013.
Sec. 513. (1) 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 unless all of the
following conditions are met:
(a) There is no appropriate placement available in this state
as determined by the department interstate compact office.
(b) An out-of-state placement exists that is nearer to the
child's home than the closest appropriate in-state placement as
determined by the department interstate compact office.
(c) The out-of-state facility meets all of the licensing
standards of this state for a comparable facility.
(d) The out-of-state facility meets all of the applicable
licensing standards of the state in which it is located.
(e) The department has done an on-site visit to the out-of-
state facility, reviewed the facility records, reviewed licensing
records and reports on the facility, and believes that the facility
is an appropriate placement for the child.
(2) The department shall not expend money for a child placed
in an out-of-state facility without approval of the deputy director
for children's services. The department shall notify the
appropriate state agency in that state including the name of the
out-of-state provider who accepted the placement.
(3) The department shall submit a report by February 1 of the
current fiscal year on the number of children who were placed in
out-of-state facilities during the previous fiscal year, the number
of Michigan children residing in such facilities at the time of the
report, the total cost and average per diem cost of these out-of-
state placements to this state, and a list of each such placement
arranged by the Michigan county of residence for each child.
Sec. 514. The department shall make a comprehensive report
concerning children's protective services (CPS) to the legislature,
including the senate and house policy offices and the state budget
director, by January 1 of the current fiscal year, that shall
include all of the following:
(a) Statistical information including, at a minimum, all of
the following:
(i) The total number of reports of abuse or neglect
investigated under the child protection law, 1975 PA 238, MCL
722.621 to 722.638, and the number of cases classified under
category I or category II and the number of cases classified under
category III, category IV, or category V.
(ii) Characteristics of perpetrators of abuse or neglect and
the child victims, such as age, relationship, race, and ethnicity
and whether the perpetrator exposed the child victim to drug
activity, including the manufacture of illicit drugs, that exposed
the child victim to substance abuse, a drug house, or
methamphetamine.
(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.
(iv) The number of cases that resulted in the separation of the
child from the parent or guardian and the period of time of that
separation, up to and including termination of parental rights.
(v) For the reported complaints of abuse or neglect by
teachers, school administrators, and school counselors, 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.
(vi) For the reported complaints of abuse or neglect by
teachers, school administrators, and school counselors, the number
of cases that resulted in separation of the child from the parent
or guardian and the period of time of that separation, up to and
including termination of parental rights.
(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 children who have been exposed to the production
or manufacture of methamphetamines.
Sec. 515. (1) The department, in conjunction with court and
county personnel and representatives of the private child welfare
agencies operating in Kent County, shall privatize all foster care
and adoption services, except for child protective services, in
Kent County based on workgroup findings.
(2) The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1, 2014 on the results of the
program implemented under subsection (1).
Sec. 516. The department shall prepare a report by county that
includes the number and percentage of foster care parents who were
successfully retained in the foster care program and compares
figures at the beginning of the fiscal year to the end-of-year
totals and provide the report by October 30 of the current fiscal
year to the senate and house appropriations subcommittees on the
department budget, the senate and house standing committees on
families and human services, and the senate and house fiscal
agencies and policy offices.
Sec. 519. The department shall permit any private agency that
has an existing contract with this state to provide foster care
services to be also eligible to provide treatment foster care
services.
Sec. 520. (1) From the funds appropriated in part 1 for youth
in transition, the department shall allocate $250,000.00 to enter
into a 3-year contract to establish a pilot program to serve 25
youths who are aging out of the foster care system and who did not
succeed in achieving viable educational goals while in foster care
with a Detroit-based nonprofit agency that has experience working
with at-risk, homeless, and foster care youths. The first year of
the pilot shall include needs assessment, physical and mental
health services, and life skills training.
(2) No later than March 1, 2014, the department shall provide
a report on the progress of the pilot program to the senate and
house appropriations subcommittees on human services, the senate
and house fiscal agencies and policy offices, and the state budget
director.
Sec. 523. (1) By March 15 of the current fiscal year, the
department shall report on family preservation programs for which
money is appropriated in part 1 to the senate and house
appropriations subcommittees on the department budget. 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.
(2) If money becomes available in part 1 for youth in
transition and domestic violence prevention and treatment, the
department is authorized to make allocations of TANF funds only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 525. The department shall implement the same on-site
evaluation processes for privately operated child welfare and
juvenile justice residential facilities as is used to evaluate
state-operated facilities. Penalties for noncompliance shall be the
same for privately operated child welfare and juvenile justice
residential facilities and state-operated facilities.
Sec. 526. 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 child welfare waiver
demonstration project. As required under the waiver, any savings
resulting from the demonstration project must be quantified and
reinvested into child welfare programming.
Sec. 528. The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, the
state budget office, and the state court administrative office by
February 1 of the current fiscal year on the per diem costs of the
public and private residential care providers located or doing
business in this state caring for children in foster care or
adjudicated juveniles and, when available, the recidivism rate for
each facility.
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 of the
current fiscal year 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.
Sec. 533. (1) The department shall make payments to child
placing facilities for in-home and out-of-home care services and
adoption services within 30 days of receiving all necessary
documentation from those agencies.
(2) The department shall establish a work group in conjunction
with the legislature and private service providers to develop a
plan to implement electronic invoices and payments for all
contracts with child placing agencies.
(3) The department shall provide a report on the activities
under this section by March 1, 2014 for implementation in the
fiscal year ending September 30, 2015.
Sec. 537. 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. 540. If a physician or psychiatrist who is providing
services to state or court wards placed in a residential facility
submits a formal request to the department to change the
psychotropic medication of a ward, the department shall, if the
ward is a state ward, make a determination on the proposed change
within 30 days after the request or, if the ward is a temporary
court ward, seek parental consent within 7 business days after the
request.
Sec. 546. (1) From the funds appropriated in part 1 for foster
care payments and from child care fund, the department shall pay
providers of foster care services not less than a $37.00
administrative rate.
(2) From the funds appropriated in part 1 for foster care
payments and from child care fund, the department shall pay
providers of general independent living services not less than a
$28.00 administrative rate.
(3) From the funds appropriated in part 1, the department
shall reinstate the specialized independent living services
administrative rate to levels that were in place for the fiscal
year ending September 30, 2011.
Sec. 556. (1) From the funds appropriated in part 1 for
adoption subsidies, the department shall utilize up to
$2,000,000.00 to establish a program that allows adoptive parents
up to 1 year after an adoption is finalized to claim additional
subsidies for special needs children.
(2) No later than February 1 for the previous fiscal year, the
department shall provide an annual report to the subcommittees of
the senate and house appropriations committees on the department
budget with the number of complaints filed by adoptive parents who
were not notified that their adopted child had special needs.
Sec. 574. (1) From the funds appropriated in part 1 for foster
care payments, $2,500,000.00 is allocated to support contracts with
child placing agencies to facilitate the licensure of relative
caregivers as foster parents. Agencies shall receive $2,300.00 for
each facilitated licensure. The agency facilitating the licensure
would retain the placement and continue to provide case management
services for at least 50% of the newly licensed cases for which the
placement was appropriate to the agency. Up to 50% of the newly
licensed cases would have direct foster care services provided by
the department.
(2) From the funds appropriated for foster care payments,
$375,000.00 is allocated to support family incentive grants to
private and community-based foster care service providers to assist
with home improvements or payment for physical exams for applicants
needed by foster families to accommodate foster children.
Sec. 583. By February 1 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house
standing committees on families and human services, and the senate
and house fiscal agencies and policy offices a report that includes
the number of foster parents that dropped out of the program in the
previous fiscal year and the reasons for leaving the program.
Sec. 585. (1) 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.
(2) The department shall post on the department's website a
list of all relevant departmental training materials available to
private child placing agencies that are allowed to conduct their
own training in accordance with this section. The department shall
also provide to private child placing agencies that are allowed to
conduct their own training any updated training materials as they
become available.
Sec. 587. From the money appropriated in part 1 to in-home
community care programs, $1,500,000.00 shall be used to expand in-
home care and community-based juvenile justice services. By March 1
of the current fiscal year, the department shall submit a report
that describes the program expansion and expenditures in detail to
the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices.
Sec. 588. (1) Concurrently with public release, the department
shall transmit all reports from the court-appointed settlement
monitor, including, but not limited to, the needs assessment and
period outcome reporting, to the state budget office, the senate
and house appropriations subcommittees on the department budget,
and the senate and house fiscal agencies, without revision.
(2) The department shall report quarterly to the state budget
office, the senate and house appropriations subcommittees on the
department budget, and the senate and house fiscal agencies, on the
number of children enrolled in the guardianship assistance and
foster care - children with serious emotional disturbance waiver
programs.
Sec. 589. (1) From the funds appropriated in part 1 to
facilitate the transfer of foster care cases currently under
department supervision from department supervision to private child
placing agency supervision, the department shall not transfer any
foster care cases that require a county contribution to the private
agency administrative rate.
(2) On a monthly basis, the department shall report on the
number of all foster care cases administered by the department and
all foster care cases administered by private providers.
Sec. 590. From the funds appropriated in part 1 for children's
services administration, the department shall provide $20,000.00
for the task force on the prevention of sexual abuse of children
defined under section 12b of the child protection law, 1975 PA 238,
MCL 722.632b. Use of funds shall be limited to providing (a)
reimbursements to task force members for travel costs related to
task force operations and (b) salary costs of department staff for
the time spent on coordinating task force meetings and compiling
the task force report. Members of the task force shall not receive
compensation for their work on the task force, but shall not be
prohibited from receiving compensation through their current
employment.
PUBLIC ASSISTANCE
Sec. 601. 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.
Sec. 602. It is the intent of the legislature that all
Medicaid applications and enrollments shall be conducted online
through the health benefit exchange.
Sec. 603. The department shall conduct a work group in
conjunction with the department of community health to determine
how the state can maximize Medicaid claims for community-based and
outpatient treatment services to foster care children and
adjudicated youths who are placed in community-based treatment
programs. The department shall report to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1, 2014 on the findings of the
work group.
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 who meets the
requirements specified in subdivision (a), (b), (e), or (f).
(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 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.
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 family independence program and 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 family independence program or
state disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec. 607. (1) 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 may include revenues collected during the current
year that are prior year related and not a part of the department's
accrued entries.
(2) The department may use supplemental security income
recoveries to satisfy the deduct in any line in which the revenues
are appropriated, regardless of the source from which the revenue
is recovered.
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. (1) 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 current fiscal year. The legislature shall be notified
not less than 30 days before any proposed reduction in the state
supplementation level.
(2) If the federal minimum wage rate increases in the current
fiscal year, the state shall pay the increased staffing costs for
personal care/adult foster care that result from the increase.
Sec. 610. (1) 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.
(2) 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.
(3) State emergency relief payments shall not be made to
individuals who have been found guilty of fraud in regard to
obtaining public assistance.
(4) State emergency relief payments shall not be made
available to persons who are out-of-state residents or illegal
immigrants.
(5) State emergency relief payments for rent assistance shall
be distributed directly to landlords and shall not be added to
Michigan bridge cards.
Sec. 611. The state supplementation level under the
supplemental security income program for the living independently
or living in the household of another categories shall not exceed
the minimum state supplementation level as required under federal
law or regulations.
Sec. 612. The department shall implement an asset test as part
of the eligibility determination for applicants and existing
recipients of the refugee assistance program medical benefits.
Sec. 613. The department shall provide reimbursements for the
final disposition of indigent persons if the deceased's remains
have not been claimed by a person having the right to control the
disposition of the body regardless of whether there is no person
with that right, the person cannot be located, or the person fails
or refuses to exercise that right. The maximum allowable
reimbursement for the final disposition shall be $800.00. In
addition, reimbursement for a cremation permit fee of up to $75.00
and for mileage at the standard rate will also be made available
for an eligible cremation. The reimbursements under this section
shall be used for disposal by cremation unless the deceased's
expressed religious preference prohibits cremation.
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, emergency shelter providers, or other human services
agencies who may, as a normal part of doing business, provide food
or emergency shelter.
Sec. 616. The department shall require retailers that
participate in the electronic benefits transfer program to charge
no more than $2.50 in fees for cash back as a condition of
participation.
Sec. 617. The department shall prepare a report on the number
and percentage of public assistance recipients, categorized by type
of assistance received, who were no longer eligible for assistance
because of their status in the law enforcement information network
and provide the report by October 1 of the current fiscal year to
the senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, and the senate and house fiscal agencies and policy
offices.
Sec. 619. (1) Subject to subsection (2), the department shall
exempt from the denial of title IV-A assistance and food assistance
benefits under 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.
(2) Subject to federal approval, an individual is not entitled
to the exemption in this section if the individual was convicted in
2 or more separate cases of a felony that included the possession,
use, or distribution of a controlled substance after August 22,
1996.
Sec. 620. (1) From the funds appropriated in part 1 from the
federal low-income home energy assistance program for the energy
self-sufficiency program, the department shall fund energy
assistance services that comply with all of the following
guidelines:
(a) The department shall distribute the funds described in
this subsection for energy assistance and may use a portion of the
funds for necessary administrative expenses. Necessary
administrative expenses shall be calculated using an established
cost allocation methodology.
(b) Energy assistance must include services that will enable
participants to become self-sufficient or move toward becoming
self-sufficient, including assisting participants in paying their
energy bills on time, assisting participants in budgeting for and
contributing to their ability to provide for energy expenses, and
assisting participants in utilizing energy services to optimize on
energy efficiency. By October 1, 2014, each entity that carries out
a contract with the department under this section shall provide or
coordinate these services. The department shall attempt to
coordinate its efforts with the efforts of other state departments
or agencies to assist low-income households in becoming self-
sufficient or moving toward becoming self-sufficient.
(c) The department shall develop a simplified, single
application for all applicants to use to apply for energy
assistance under the program. The single application shall be made
available to all entities that contract with the department to
provide services under the program.
(d) The department, in consultation with the Michigan public
service commission, may contract with different public or private
entities or local units of government to provide energy assistance.
(e) The department shall include clear performance metrics in
any contract with an entity under this section.
(f) An entity with which the department contracts under
subdivision (d) shall use not less than 92% of the funds received
from the department for energy assistance. An entity with which the
department contracts under subdivision (d) may, upon approval from
the department, use less than 92% but not less than 90% of the
funds received for the program for energy assistance.
(2) Not later than December 1, 2014, and annually after that,
the department shall provide a report to the legislature, the
senate and house appropriations subcommittees on the department
budget, the senate and house committees on issues relating to
energy, and the senate and house fiscal agencies on how funds from
the energy self-sufficiency program were distributed.
(3) The department shall include the energy self-sufficiency
program in the state plan for the federal low-income home energy
assistance program.
(4) Any federal low-income home energy assistance program
funds that are provided to the state in excess of the amount
appropriated in the current year enacted budget shall be allocated
to the energy self-sufficiency program line item and subject to the
provisions in this section.
(5) This section does not apply if the allocation of funds
described in this section does not comply with federal statute and
regulations on the low-income home energy assistance program. If
this section does not comply with federal statute or regulations,
the department shall present a report with an alternative proposal
to the chairpersons of the senate and house appropriations
subcommittees on appropriations for the department within 30 days
after the department becomes aware that the section does not comply
with federal statute or regulations.
(6) If this section conflicts with a current state statute or
a state statute enacted subsequent to this act, the state statute
controls.
Sec. 621. If legislation to collect restricted revenues in the
low-income energy assistance fund is not enacted, the department is
not responsible for replacing the restricted funds allocated in
part 1 to the Michigan energy assistance program with another fund
source.
Sec. 622. The department shall implement a 1-page application
for disability redetermination for all disability redetermination
applications and cases no later than November 1, 2013.
Sec. 643. As a condition of receipt of federal TANF funds,
homeless shelters and human services agencies 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 programs, 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 or human
services agencies 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. The department shall notify persons eligible for
extended family independence program benefits under section 57s of
the social welfare act, 1939 PA 280, MCL 400.57s, that receiving
extended family independence program benefits will count toward the
federal and state lifetime limits.
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. 669. The department shall allocate up to $2,880,000.00
for the annual clothing allowance. The allowance shall be granted
to all eligible children in a family independence program group
that does not include an adult.
Sec. 672. (1) The department's office of inspector general
shall report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the senate and house policy offices
by March 1 of the current fiscal year on department efforts to
reduce inappropriate use of Michigan bridge cards. The department
shall provide information on the number of recipients of services
who used their electronic benefit transfer card inappropriately and
the current status of each case, the number of recipients whose
benefits were revoked, whether permanently or temporarily, as a
result of inappropriate use, and the number of retailers that were
fined or removed from the electronic benefit transfer program for
permitting inappropriate use of the cards.
(2) As used in this section, "inappropriate use" means not
used to meet a family's ongoing basic needs, including food,
clothing, shelter, utilities, household goods, personal care items,
and general incidentals.
Sec. 677. (1) The department shall establish a state goal for
the percentage of family independence program cases involved in
employment activities. The percentage established shall not be less
than 50%. The goal for long-term employment shall be 15% of cases
for 6 months or more.
(2) 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 family
independence program cases involved in partnership accountability
training hope (PATH) employment activities and an estimate of the
current percentage of family independence program cases that meet
federal work participation requirements.
(3) The department shall conduct a work group to determine how
to run a job readiness and employment program for recipients of
family independence program assistance that is based on
performance-based objectives, and to examine contracting with
nonprofit or private agencies to operate the program. The work
group shall also determine any statutory changes needed to
implement a performance-based job readiness program. Performance
objectives in this subsection shall include, but not be limited to,
all of the following:
(a) The number and percentage of nonexempt family independence
program recipients who are employed.
(b) The average and range of wages of employed family
independence program recipients.
(c) The number and percentage of employed family independence
program recipients who remain employed for 6 months or more.
(4) Contracts with a provider of the job readiness and
employment program described in subsection (3) shall be for a
minimum of 3 years unless the provider is not meeting the
performance objectives described under subsection (3), in which
case the department may terminate the contract at any time. If the
provider is meeting the performance objectives described in
subsection (3), the contract shall be maintained for a minimum of 3
years, and shall have a 1-year renewal option every year in which
it maintains the performance objectives described in subsection (3)
after that.
Sec. 686. (1) The department shall ensure that program policy
requires caseworkers to confirm that individuals presenting
personal identification issued by another state seeking assistance
through the family independence program, food assistance program,
state disability assistance program, or medical assistance program
are not receiving benefits from any other state.
(2) The department shall require caseworkers to confirm the
address provided by any individual seeking family independence
program benefits or state disability assistance benefits.
(3) The department shall prohibit individuals with property
assets assessed at a value higher than $500,000.00 from accessing
assistance through department-administered programs, unless such a
Senate Bill No. 192 as amended April 30, 2013 (1 of 2)
prohibition would violate federal rules and guidelines.
(4) The department shall require caseworkers to obtain an up-
to-date telephone number during the eligibility determination or
redetermination process for individuals seeking medical assistance
benefits. On a monthly basis, the department shall provide the
department of community health an updated list of telephone numbers
for medical assistance recipients.
<<Sec. 687. The department shall report to the senate and
house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, the senate and house policy
offices, and the state budget office the following statistics on a
quarterly basis, providing a breakdown by county and including a
state total:
(a) Number of applications for family independence program (FIP),
food assistance program, and state emergency relief that were
received, denied, approved, and pending by reason for disposition.
(b) Number of food assistance program case closures, including
the reason for closure.
(c) Family independence program (FIP) statistics on the
following:
(i) Number of new applicants that successfully met the
requirements of the 21-day assessment period for partnership
accountability training hope (PATH).
(ii) Number of new applicants who did not meet the requirements
in subparagraph (i) and would have to reapply for assistance.
(iii) Number of FIP cases that were removed from assistance due
to the school truancy policy.
(iv) Number of cases that were removed from assistance due to
the 48-month and 60-month time limits.
(v) Number of cases receiving sanctions and whether the
sanction is due to a first-, second-, or third-time offense.
(vi) Number of children ages 0-5 living in FIP-sanctioned
households.>>
JUVENILE JUSTICE SERVICES
Sec. 706. Counties shall be subject to 50% chargeback 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 funds appropriated in
part 1 for the child care fund line item, by December 15 of the
current fiscal year, counties shall have an approved service
spending plan for the current fiscal year. Counties must submit the
service spending plan to the department by October 1 of the current
fiscal year for approval. The department shall approve within 30
calendar days after receipt a properly completed service plan that
complies with the requirements of the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, and shall notify a county within 30
days after approval that its service plan was approved.
Sec. 709. (1) The department shall conduct annual audits of
the expenditures claimed by the counties in the child care fund and
shall not reimburse counties for ineligible claims.
(2) The department shall report to the senate and house and
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1 of the current fiscal year on
the total improper claims to the child care fund and the counties
that made the claims.
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. 721. If the demand for placements at state-operated
juvenile justice residential facilities exceeds capacity, the
department shall not increase the available occupancy or services
at the facilities, and shall post a request for proposals for a
contract with not less than 1 private provider of residential
services for juvenile justice youth to be a residential facility of
last resort. A request for information or a request for quotation
must be issued before the request for proposal.
LOCAL OFFICE SERVICES
Sec. 750. The department shall maintain out-stationed
eligibility specialists in community-based organizations, community
mental health agencies, nursing homes, and hospitals unless a
community-based organization, community mental health agency,
nursing home, or hospital requests that the program be discontinued
at its facility.
Sec. 753. By January 1, 2012, 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 of the current fiscal year 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.
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 45 CFR 305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00, then 100% of
the excess shall be retained by the state and is appropriated until
the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive payment to the state from
the federal government is greater than the amount needed to satisfy
the provisions identified in subsections (1), (2), (3), and (4),
the additional funds 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 share shall each be reduced by 50% of the shortfall.
Sec. 909. (1) If statewide retained child support collections
exceed $38,300,000.00, 75% of the amount in excess of
$38,300,000.00 is appropriated to legal support contracts. This
excess appropriation may be distributed to eligible counties to
supplement and not supplant county title IV-D funding.
(2) Each county whose retained child support collections in
the current fiscal year exceed its fiscal year 2004-2005 retained
child support collections, excluding tax offset and financial
institution data match collections in both the current year and
fiscal year 2004-2005, shall receive its proportional share of the
75% excess.
Sec. 910. (1) 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.
(2) The department shall notify the chairs of the house and
senate appropriations subcommittees on the department budget and
the house and senate fiscal agencies within 15 days of the
authorization adjustment in subsection (1).
INFORMATION TECHNOLOGY
Sec. 1001. The department shall reduce the number of computers
used by staff and receiving technical support from the department
of management, technology, and budget by 3,000 no later than
November 1, 2013.
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 1105. The department shall report to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, the house and senate policy offices,
and the state budget office by February 1 of the current fiscal
year on the number of homes, the approximate value of each home,
and the square footage of each home weatherized through the
appropriations in section 104 during the preceding quarter of the
calendar year.
ONE-TIME BASIS ONLY
Sec. 1201. From the funds appropriated in part 1, the
department shall allocate $1,500,000.00 for biometric fraud
detection technology that will improve the office of inspector
general's efforts to reduce waste, fraud, and abuse.
Sec. 1202. The funds appropriated in part 1 for an additional
4.0 FTEs for medical review team staff shall be allocated as 1-time
funding and the staff shall be hired as limited-term staff.
Sec. 1203. The funding appropriated in part 1 for an
additional 11.0 FTEs for child support specialists shall be
allocated as 1-time funding and the staff shall be hired as
limited-term staff.
Sec. 1205. (1) From the funds appropriated in part 1, the
department shall allocate $250,000.00 to continue an existing
contract with a state university or outside research entity to
conduct a behavioral health study of juvenile justice facilities
operated or contracted for by the state. The study shall utilize
diagnostic clinical interviews with and records reviews for a
representative random sample of juvenile justice system detainees
to develop a report on each of the following:
(a) The proportion of juvenile justice detainees with a
primary diagnosis of emotional disorder, the percentage of those
detainees considered to currently require mental health treatment,
and the proportion of those detainees currently receiving mental
health services, including a description and breakdown,
encompassing, at a minimum, the categories of inpatient,
residential, and outpatient care, of the type of mental health
services provided to those detainees.
(b) The proportion of juvenile justice detainees with a
primary diagnosis of addiction disorder, the percentage of those
detainees considered to currently require substance abuse
treatment, and the proportion of those detainees currently
receiving substance abuse services, including a description and
breakdown, encompassing, at a minimum, the categories of
residential and outpatient care, of the type of substance abuse
services provided to those detainees.
(c) The proportion of juvenile justice detainees with a dual
diagnosis of emotional disorder and addiction disorder, the
percentage of those detainees considered to currently require
treatment for their condition, and the proportion of those
detainees currently receiving that treatment, including a
description and breakdown, encompassing, at a minimum, the
categories of mental health inpatient, mental health residential,
mental health outpatient, substance abuse residential, and
substance abuse outpatient, of the type of treatment provided to
those detainees.
(d) Data indicating whether juvenile justice detainees with a
primary diagnosis of emotional disorder, a primary diagnosis of
addiction disorder, and a dual diagnosis of emotional disorder and
addiction disorder were previously hospitalized in a state
psychiatric hospital for persons with mental illness. These data
shall be broken down according to each of these 3 respective
categories.
(e) Data indicating whether and with what frequency juvenile
justice detainees with a primary diagnosis of emotional disorder, a
primary diagnosis of addiction disorder, and a dual diagnosis of
emotional disorder and addiction disorder have been detained
previously. These data shall be broken down according to each of
these 3 respective categories.
(f) Data classifying the types of offenses historically
committed by juvenile justice detainees with a primary diagnosis of
emotional disorder, a primary diagnosis of addiction disorder, and
a dual diagnosis of emotional disorder and addiction disorder.
These data shall be broken down according to each of these 3
respective categories.
(g) Data indicating whether juvenile justice detainees have
previously received services managed by a community mental health
program or substance abuse coordinating agency. These data shall be
broken down according to the respective categories of detainees
with a primary diagnosis of emotional disorder, a primary diagnosis
of addiction disorder, and a dual diagnosis of emotional disorder
and addiction disorder.
(2) The report referenced under subsection (1) would be
provided not later than June 30 of the current fiscal year to the
senate and house appropriations subcommittees on human services,
the senate and house fiscal agencies and policy offices, and the
state budget director.
(3) The department may carry forward any unused portion of the
funding allocated in part 1 for the project defined in this section
into fiscal year 2014-2015.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1301. (1) It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2014 consensus revenue estimating
conference.
(2) It is the intent of the legislature that the department
identify the amounts for normal retirement costs and legacy
retirement costs for the fiscal year ending on September 30, 2015
for the line items listed in part 1.