EXECUTIVE BUDGET BILL
February 28, 2007, Introduced by Rep. Spade and referred to the Committee on Appropriations.
A bill to make appropriations for the department of human
services and certain state purposes related to public welfare
services for the fiscal year ending September 30, 2008; to provide
for the expenditure of the appropriations; to create funds; to
provide for the imposition of fees; to provide for reports; to
provide for the disposition of fees and other income received by
the state agency; and to provide for the powers and duties of
certain individuals, local governments, and state departments,
agencies, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this bill,
the amounts listed in this part are appropriated for the department
for the fiscal year ending September 30, 2008, from the funds
indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY:
Full-time equated classified positions....... 10,604.1
Full-time equated unclassified positions.......... 5.0
Total full-time equated positions............ 10,609.1
GROSS APPROPRIATION.................................... $ 4,545,814,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,416,000
ADJUSTED GROSS APPROPRIATION........................... $ 4,543,398,900
Federal revenues:
Total federal revenues................................. 3,116,678,300
Special revenue funds:
Total local revenues................................... 65,255,800
Total private revenues................................. 9,039,200
Total other state restricted revenues.................. 67,528,600
State general fund/general purpose..................... $ 1,284,897,000
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 480.3
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 475.3
Unclassified salaries--5.0 FTE positions............... $ 537,200
Salaries and wages--330.3 FTE positions................ 18,939,300
Contractual services, supplies, and materials.......... 5,901,700
Demonstration projects--12.0 FTE positions............. 7,657,300
Inspector general salaries and wages--106.0 FTE
positions............................................ 5,752,400
Electronic benefit transfer EBT........................ 7,333,600
Office of professional development--12.0 FTE
positions............................................ 2,352,200
Michigan community service commission--15.0
FTE positions........................................ 9,733,700
State office of administrative hearings and rules...... 3,538,000
GROSS APPROPRIATION.................................... $ 61,745,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 40,330,300
Special revenue funds:
Total local revenues................................... 175,000
Total private revenues................................. 2,199,600
Total other state restricted revenues.................. 25,000
State general fund/general purpose..................... $ 19,015,500
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 213.7
Child support enforcement operations--207.7 FTE
positions............................................ $ 23,636,900
Legal support contracts................................ 138,753,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 18,505,800
GROSS APPROPRIATION.................................... $ 213,305,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 186,113,100
Special revenue funds:
Total local revenues................................... 340,000
Total other state restricted revenues.................. 2,625,000
State general fund/general purpose..................... $ 24,227,800
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 17.0
Bureau of community action and economic
opportunity operations--17.0 FTE positions........... $ 1,920,700
Community services block grant......................... 24,218,000
Weatherization assistance.............................. 18,418,700
GROSS APPROPRIATION.................................... $ 44,557,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 44,557,400
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions........... 76.2
Executive direction and support--6.0 FTE positions..... $ 525,700
Employment and training support services............... 30,259,300
Domestic violence prevention and treatment--5.5 FTE
positions............................................ 14,684,200
Rape prevention and services........................... 2,600,000
Guardian contract...................................... 600,000
Adult services policy and administration--6.0 FTE
positions............................................ 609,700
Income support policy and administration--28.7 FTE
positions............................................ 4,732,700
Wage employment verification reporting................. 848,700
Urban and rural empowerment/enterprise zones........... 100
Nutrition education.................................... 13,100,000
Job, education and training expansion--30.0 FTE
positions........................................... 17,980,800
GROSS APPROPRIATION.................................... $ 85,941,200
Appropriated from:
Interdepartmental grant revenues:
IDG from DHS .......................................... 1,300,000
ADJUSTED GROSS APPROPRIATION........................... $ 84,641,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 51,545,700
Special revenue funds:
State general fund/general purpose..................... $ 33,095,500
Sec. 106. CHILDREN’S SERVICES
Full-time equated classified positions........... 95.2
Salaries and wages--43.7 FTE positions................. $ 2,734,900
Contractual services, supplies, and materials.......... 936,300
Foster care payments................................... 137,021,100
Wayne County foster care payments...................... 49,687,200
Adoption subsidies..................................... 237,375,700
Adoption support services--7.7 FTE positions........... 11,629,200
Youth in transition--2.0 FTE positions................. 13,263,700
Interstate compact..................................... 231,600
Children's benefit fund donations...................... 21,000
Strong families/safe children.......................... 14,328,100
Child protection....................................... 800,000
Subsidized guardianship program........................ 4,575,000
Family preservation and prevention services--32.8 FTE
positions............................................ 49,883,700
Children's trust fund administration--9.0 FTE
positions............................................ 1,027,300
Children's trust fund grants........................... 3,825,100
ECIC, early childhood investment corporation........... 14,823,000
Attorney general contracts............................. 3,329,300
Prosecuting attorney contracts......................... 1,061,700
Marriage and fatherhood initiatives.................... 1,000,000
GROSS APPROPRIATION.................................... $ 547,553,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 324,128,100
Special revenue funds:
Local funds - county payback........................... 33,578,500
Private - children's benefit fund donations............ 21,000
Private - collections.................................. 3,100,000
Children's trust fund.................................. 3,801,600
State general fund/general purpose..................... $ 182,924,700
Sec. 107. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 635.5
High security juvenile services—268.0 FTE positions.... $ 25,996,100
Medium security juvenile services--254.0 FTE positions. 23,901,200
Child care fund........................................ 200,000,000
Child care fund administration--5.8 FTE positions...... 772,300
County juvenile officers............................... 3,890,400
Community support services--2.0 FTE positions.......... 1,495,600
Community juvenile justice centers--37.0 FTE positions. 3,460,100
Juvenile justice field staff, administration, and
maintenance--50.0 FTE positions...................... 6,858,200
Federally funded activities--13.7 FTE positions........ 1,859,500
W.J. Maxey memorial fund............................... 45,000
Juvenile accountability incentive block grant--1.0
FTE positions........................................ 1,297,600
Committee on juvenile justice administration--4.0
FTE positions........................................ 510,300
Committee on juvenile justice grants................... 5,000,000
GROSS APPROPRIATION.................................... $ 275,086,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 96,131,200
Special revenue funds:
Local funds - county payback........................... 26,246,900
State share education funds............................ 3,103,400
Total private revenues................................. 45,000
State general fund/general purpose..................... $ 149,559,800
Sec. 108. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 8,300.9
Field staff, salaries and wages--8,019.1 FTE positions. $ 405,350,800
Contractual services, supplies, and materials.......... 17,282,300
Medical/psychiatric evaluations........................ 6,300,000
Donated funds positions--131.0 FTE positions........... 10,769,400
Training and program support--62.0 FTE positions....... 8,340,900
Food stamp reinvestment--78.8 FTE positions............ 7,343,800
Wayne County gifts and bequests........................ 100,000
Volunteer services and reimbursement................... 1,294,900
SSI advocates--10.0 FTE positions...................... 888,700
GROSS APPROPRIATION.................................... $ 457,670,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 259,859,400
Special revenue funds:
Local funds - donated funds............................ 1,812,000
Private funds - donated funds.......................... 643,900
Private funds - hospital contributions................. 2,929,700
Private funds - Wayne County gifts..................... 100,000
Supplemental security income recoveries................ 675,200
State general fund/general purpose..................... $ 191,650,600
Sec. 109. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 568.4
Disability determination operations--545.9 FTE
positions............................................ $ 82,346,600
Medical consultation program--18.4 FTE positions....... 2,660,900
Retirement disability determination--4.1 FTE positions. 827,000
GROSS APPROPRIATION.................................... $ 85,834,500
Appropriated from:
Interdepartmental grant revenues:
IDG from DMB - office of retirement systems............ 1,116,000
ADJUSTED GROSS APPROPRIATION........................... $ 84,718,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 81,911,500
Special revenue funds:
State general fund/general purpose..................... $ 2,807,000
Sec. 110. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 41,581,300
Occupancy charge....................................... 8,910,500
Travel................................................. 5,584,600
Equipment.............................................. 277,300
Worker's compensation.................................. 4,259,000
Advisory commissions................................... 17,900
Human resources optimization user charges.............. 652,000
Payroll taxes and fringe benefits...................... 258,909,900
GROSS APPROPRIATION.................................... $ 320,192,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 187,248,400
Special revenue funds:
State general fund/general purpose..................... $ 132,944,100
Sec. 111. OFFICE OF CHILDREN AND ADULT LICENSING
Full-time equated classified positions.......... 219.0
AFC, children's welfare and day care
licensure--219.0 FTE positions....................... $ 23,750,900
GROSS APPROPRIATION.................................... $ 23,750,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 11,928,100
Special revenue funds:
Restricted - licensing fees............................ 832,900
Restricted - health fees and collections............... 499,400
State general fund/general purpose..................... $ 10,490,500
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions............ 2.9
Family independence program............................ $ 376,741,500
State disability assistance payments................... 36,369,700
Food assistance program benefits....................... 1,221,340,900
State supplementation.................................. 58,692,000
State supplementation administration................... 2,477,100
Low-income home energy assistance program.............. 116,451,600
Food bank council of Michigan emergency food
provisions........................................... 525,000
Homeless shelter contracts............................. 11,646,700
Multicultural assimilation funding..................... 1,715,500
Indigent burial........................................ 4,431,900
Emergency services local office allocations............ 21,865,500
Refugee assistance--2.9 FTE positions.................. 12,715,800
Day care services...................................... 410,752,400
GROSS APPROPRIATION.................................... $ 2,275,725,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 1,734,671,700
Special revenue funds:
Child support collections.............................. 46,141,200
Supplemental security income recoveries................ 9,318,300
Public assistance recoupment revenue................... 3,610,000
State general fund/general purpose..................... $ 481,984,400
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 100,905,300
Child support automation............................... 53,545,200
GROSS APPROPRIATION.................................... $ 154,450,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 98,253,400
Special revenue funds:
State general fund/general purpose..................... $ 56,197,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2007-2008 is $1,352,425,600.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2007-2008 is $123,730,383.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
PERMANENCY FOR CHILDREN
Child care fund........................................ $ 117,930,100
County juvenile officers............................... 3,570,783
OPPORTUNITY FOR ADULTS TO LIVE AND WORK IN THE COMMUNITY
State disability program............................... $ 2,229,500
TOTAL.................................................. $ 123,730,383
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "AFC" means adult foster care.
(b) "DCH" means the department of community health.
(c) "Department" means the department of human services.
(d) "DMB" means the department of management and budget.
(e) "ECIC" means early childhood investment corporation.
(f) "FTE" means full-time equated.
(g) "IDG" means interdepartmental grant.
(h) "JET" means jobs, education and training program.
(i) "RSDI" means retirement, survivors, disability insurance.
(j) "SSI" means supplemental security income.
(k) "Temporary assistance for needy families" or "TANF" or
"title IV-A" means part A of title IV of the social security act,
42 USC 601 to 604, 605 to 608, and 609 to 619.
(l) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 655, and 656 to 669b.
(m) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 673, 673b to 679, and 679b.
(n) "VA" means veterans affairs.
Sec. 204. The department of civil service shall bill the
department at the end of the first fiscal quarter for the 1% charge
authorized by section 5 of article XI of the state constitution of
1963. Payments shall be made for the total amount of the billing
by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director
shall report quarterly to the chairpersons of the senate and house
of representatives standing committees on appropriations the number
of exceptions to the hiring freeze approved during the previous
quarter and the reasons to justify the exception.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this bill. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and 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.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both.
The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 212. In addition to funds appropriated in part 1 for all
programs and services, there is appropriated for write-offs of
accounts receivable, deferrals, and for prior year obligations in
excess of applicable prior year appropriations, an amount equal to
total write-offs and prior year obligations, but not to exceed
amounts available in prior year revenues or current year revenues
that are in excess of the authorized amount.
Sec. 213. The department may retain all of the state's share
of food assistance overissuance collections as an offset to general
fund/general purpose costs. Retained collections shall be applied
against federal funds deductions in all appropriation units where
department costs related to the investigation and recoupment of
food assistance overissuances are incurred. Retained collections
in excess of such costs shall be applied against the federal funds
deducted in the executive operations appropriation unit.
Sec. 214. (1) The department shall submit a report to the
chairpersons of the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies and
policy offices, and the state budget director on the details of
allocations within program budgeting line items and within the
salaries and wages line items in all appropriation units. The
report shall include a listing, by account, dollar amount, and fund
source, of salaries and wages; longevity and insurance; retirement;
contractual services, supplies, and materials; equipment; travel;
and grants within each program line item appropriated for the
fiscal year ending September 30, 2008.
(2) On a bimonthly basis, the department shall report on the
number of FTEs in pay status by type of staff.
Sec. 215. If a legislative objective of this article or the
social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be
implemented without loss of federal financial participation because
implementation would conflict with or violate federal regulations,
the department shall notify the state budget director, the house
and senate appropriations committees, and the house and senate
fiscal agencies and policy offices of that fact.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house standing committees on appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the senate and house of
representatives standing committees on appropriations, the fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 218. The department shall prepare an annual report on the
TANF federal block grant. The report shall include projected
expenditures for the current fiscal year, an accounting of any
previous year funds carried forward, and a summary of all
interdepartmental or interagency agreements relating to the use of
TANF funds. The report shall be forwarded to the state budget
director and the house and senate appropriations subcommittees on
the department budget and the house and senate fiscal agencies and
policy offices within 10 days after presentation of the executive
budget.
Sec. 221. If the revenue collected by the department from
private and local sources exceeds the amount spent from amounts
appropriated in part 1, the revenue may be carried forward, with
approval from the state budget director, into the subsequent fiscal
year.
Sec. 227. The department, with the approval of the state
budget director, is authorized to realign sources of financing
authorizations in order to maximize temporary assistance for needy
families' maintenance of effort countable expenditures. This
realignment of financing shall not be made until 15 days after
notifying the chairs of the house and senate appropriations
subcommittees on the department budget and house and senate fiscal
agencies, and shall not produce an increase or decrease in any
line-item expenditure authorization.
Sec. 259. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology for technology-related
services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 269. If title IV-D-related child support collections are
escheated, the state budget director is authorized to adjust the
sources of financing for the funds appropriated in part 1 for legal
support contracts to reduce federal authorization by 66% of the
escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is
required to offset the loss of federal revenue due to the escheated
amount being counted as title IV-D program income in accordance
with federal regulations at 45 CFR 304.50.
Sec. 278. (1) The department shall contract with 1 or more
private consulting firms for revenue maximization services to
increase federal claims and federal funds and to increase state
restricted funds.
(2) A contractor shall not charge the department a fee for
services provided under subsection (1). However, a contractor shall
receive a negotiated percentage of the savings achieved from
implementation of a recommendation made by the contractor under
this section.
(3) The department shall retain savings achieved through the
revenue maximization services contract as an offset to general
fund/general purpose costs.
(4) The department shall report quarterly to the senate and
house appropriations subcommittees on the department budget, senate
and house standing committees on human services matters, senate and
house fiscal agencies and policy offices, and state budget director
on the status of revenue maximization efforts and the amounts of
savings achieved.
Sec. 279. All contracts relating to human services entered
into or renewed by the department 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.
Sec. 280. The department shall submit a report to the house
and senate appropriations subcommittees for the department budget,
the house and senate fiscal agencies, the house and senate policy
offices, and the state budget director by February 1, 2008 on the
status of the department's information technology improvement
initiatives, including the "Bridges" integration project. The
report shall include details on the following:
(a) The amounts expended during the previous fiscal year and
the first quarter of the current fiscal year by project.
(b) The amounts of appropriations carried forward from
previous fiscal years for information technology improvement
projects.
(c) A narrative describing the projects and activities
undertaken during the previous fiscal year and during the first
quarter of the current fiscal year.
Sec. 283. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 284. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $200,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the department of management
and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the department of management
and budget act, 1984 PA 431, MCL 18.11393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the department of management and budget
act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the department of management and budget
act, 1984 PA 431, MCL 18.1393.
ADULT AND FAMILY SERVICES
Sec. 418. From the funds appropriated in part 1 for employment
and training support services, the department may expand the
availability of individual development accounts (IDAs) with
$200,000.00 for allocation to qualified IDA programs established
through the Michigan IDA partnership to serve TANF eligible
households in Michigan. The Michigan IDA partnership shall
encourage each TANF eligible household served to claim the federal
earned income tax credit (EITC) and to incorporate all or part of
any tax credit received in the household's IDA savings plan, and
shall provide the household with information concerning available
free tax assistance resources. In addition, the Michigan IDA
partnership and its program sites shall participate in community
EITC coalitions established under the plan to increase the EITC
participation of TANF families referenced in section 666.
CHILDREN’S SERVICES
Sec. 501. The following goal is established by state law.
During fiscal year 2007-2008, not more than 6,000 children
supervised by the department shall remain in foster care longer
than 24 months. The department shall give priority to reducing the
number of children under 1 year of age in foster care. During the
annual budget presentation, the department shall report on the
number of children supervised by the department and by private
agencies who remain in foster care between 12 and 24 months, and
those who remain in foster care longer than 24 months.
Sec. 502. From the funds appropriated in part 1 for foster
care, the department shall provide 50% reimbursement to Indian
tribal governments for foster care expenditures for children who
are under the jurisdiction of Indian tribal courts and who are not
otherwise eligible for federal foster care cost sharing.
Sec. 503. The department shall continue adoption subsidy
payments to families after the eighteenth birthday of an adoptee
who meets the following criteria:
(a) Has not yet graduated from high school or passed a high
school equivalency examination.
(b) Is making progress toward completing high school.
(c) Has not yet reached his or her nineteenth birthday.
(d) Is not eligible for federal supplemental security income
(SSI) payments.
Sec. 504. The department's ability to satisfy appropriation
deducts in part 1 for foster care private collections shall not be
limited to collections and accruals pertaining to services provided
only in the current fiscal year but shall include revenues
collected during the fiscal year in excess of the amount specified
in part 1.
Sec. 508. (1) In addition to the amount appropriated in part 1
for children's trust fund grants, money granted or money received
as gifts or donations to the children's trust fund created by 1982
PA 249, MCL 21.171 to 21.172, is appropriated for expenditure.
(2) The state child abuse and neglect prevention board may
initiate a joint project with another state agency to the extent
that the project supports the programmatic goals of both the state
child abuse and neglect prevention board and the state agency. The
department may invoice the state agency for shared costs of a joint
project in an amount authorized by the state agency, and the state
child abuse and neglect prevention board may receive and expend
funds for shared costs of a joint project in addition to those
authorized by part 1.
(3) From the funds appropriated in part 1 for the children's
trust fund, the department may utilize interest and investment
revenue from the current fiscal year only for programs,
administration, services, or all sanctioned by the child abuse and
neglect prevention board.
Sec. 509. (1) From the funds appropriated in part 1, the
department shall not expend funds to preserve or reunite a family,
unless there is a court order requiring the preservation or
reuniting of the family or the court denies the petition, if either
of the following would result:
(a) A child would be living in the same household with a
parent or other adult who has been convicted of criminal sexual
conduce against a child.
(b) A child would be living in the same household with a
parent or other adult against whom there is a substantiated charge
of sexual abuse against a child.
(2) Notwithstanding subsection (1), this section shall not
prohibit counseling or other services provided by the department,
if the service is not directed toward influencing the child to
remain in an abusive environment, justifying the actions of the
abuser, or reuniting the family.
Sec. 510. The department shall not be required to put up for
bids contracts with service providers if currently only 1 provider
in the service area exists.
Sec. 513. (1) The department shall not expend funds
appropriated in part 1 to pay for the placement of a child in an
out-of-state facility unless all of the following conditions are
met:
(a) Placement in an out of state facility is in the best
interest of the child.
(b) The out-of-state facility meets all of the licensing
standards of this state for a comparable facility.
(c) The out-of-state facility meets all of the applicable
licensing standards of the state in which it is located.
(d) The department has done an on-site visit to the out-of-
state facility, reviewed the facility records, and reviewed
licensing records and reports on the facility and believes that the
facility is an appropriate placement for the child.
(2) The department shall submit a report by February 1 of each
year on the number of children who were newly placed in out-of-
state facilities during the previous fiscal year, the number of
Michigan children residing in such facilities at the time of the
report, and the total cost and average per diem cost of these out-
of-state placements to the state.
Sec. 514. The department shall make a comprehensive report
concerning children's protective services (CPS) to the legislature,
including the senate and house policy offices and the state budget
director, by January 1, 2008, that shall include all of the
following:
(a) Statistical information including, at a minimum, all of
the following:
(i) The total number of reports of abuse or neglect
investigated under the child protection law, 1975 PA 238, MCL
722.621 to 722.638, and the number of cases classified under
category I or category II and the number of cases classified under
category III, category IV, or category V.
(ii) Characteristics of perpetrators of abuse or neglect and
the child victims, such as age, relationship, socioeconomic status,
race, and ethnicity and whether the perpetrator exposed the child
victim to criminal drug activity, including the manufacture of
illicit drugs, that exposed the child victim to significant health
and environmental hazards.
(iii) The mandatory reporter category in which the individual
who made the report fits, or other categorization if the individual
is not within a group required to report under the child protection
law, 1975 PA 238, MCL 722.621 to 722.638.
(b) New policies related to children's protective services
including, but not limited to, major policy changes and court
decisions affecting the children's protective services system
during the immediately preceding 12-month period.
(c) The number of cases in category III closed during the time
period covered by the report categorized as follows:
(i) The number of cases referred to voluntary community
services and closed with no additional monitoring.
(ii) The number of cases referred to voluntary community
services and monitored for up to 90 days.
(iii) The number for which the department entered more than 1
determination that there was evidence of child abuse or neglect.
(iv) The number that the department reclassified from category
III to category II.
(v) The number that the department reclassified from category
III to category I.
(vi) The number that the department reclassified from category
III to category I that resulted in a removal.
(d) The department policy, or changes to the department
policy, regarding termination of parental rights or foster
placement for children who have been exposed to the production of
illicit drugs in their dwelling place or a place frequented by the
children.
(e) The department policy, or changes to the department
policy, regarding children who have been exposed to the production
or manufacture of methamphetamines.
Sec. 515. From the funds appropriated in part 1 for foster
care payments and Wayne County foster care payments and related
administrative costs, the department shall continue implementation
of a performance based approach to contracting for foster care
services with private, nonprofit agencies. The goal of these
contracts shall be to provide incentives for agencies to improve
the process of placing children in permanent placements and
reducing the time children spend in foster care. No later than
August 30, 2008, the department shall report to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state
budget office on the status of the performance based approach, on
the results agencies have achieved in improving permanency and
decreasing the lengths of foster care stays, and on plans and
recommendations for achieving improved permanency results in future
foster care contracts.
Sec. 517. (1) From the funds appropriated in part 1, for
family preservation and prevention services, the department is
authorized to allocate funds to multipurpose collaborative bodies.
Priority for activities and services will be given to at-risk
children and families and cases classified by the department as
category III or category IV under sections 8 and 8d of the child
protection law, 1975 PA 238, MCL 722.628 and 722.628d.
(2) Funds appropriated in part 1 may be used to fund
community-based collaborative prevention services for the zero to
three program designed to do any of the following:
(a) Foster positive parenting skills especially for parents of
children through 3 years of age.
(b) Improve parent/child interaction.
(c) Promote access to needed community services.
(d) Increase local capacity to serve families at risk.
(e) Improve school readiness.
(f) Support healthy family environments that discourage
alcohol, tobacco, and other drug use.
(3) The appropriation provided for in subsection (2) is to
fund secondary prevention programs as defined in the children's
trust fund's preapplication materials for fiscal year 2007-2008
direct services grants.
(4) Projects funded through the appropriation provided for in
subsection (2) shall meet all of the following criteria:
(a) Be awarded through a joint request for proposal process
established by the department in conjunction with the children's
trust fund and the state human services directors.
(b) Be secondary prevention initiatives. Funds are not
intended to be expended in cases in which neglect or abuse has been
substantiated.
(c) Demonstrate that the planned services are part of a
community's integrated comprehensive family support strategy
endorsed by the local multipurpose collaborative body.
(d) Provide a 25% local match of which not more than 10% is
in-kind goods or services unless the maximum percentage is waived
by the state human services directors.
(5) As used in this section, "state human services directors"
means the director of the department of community health, the
director of the department of education, and the director of the
department.
Sec. 523. From the funds appropriated 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
the agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 531. (1) From the funds appropriated in part 1, the
department shall make claims for and pay to local units of
government a portion of federal title IV-E revenues earned as a
result of eligible costs incurred by local units of government.
(2) The department shall make payments under subsection (1)
only to local units of government that have entered into formal
agreements with the department. The agreement must include all of
the following:
(a) Provide for the department to retain 50% of the federal
revenues earned.
(b) Provide for department review and approval of the local
unit's plan for allocating costs to title IV-E.
(c) Provide for the local unit of government to submit bills
at times, and in the format, specified by the department.
(d) Specify that the local unit of government is responsible
for meeting all federal title IV-E regulation requirements,
including reporting requirements, with regard to the activities and
costs being billed to title IV-E.
(e) Provide for the local unit of government to pay the state
for the amount of any federal revenues paid to the local unit that
may subsequently be disallowed by the federal government.
(f) Be signed by the director of the department, the chief
executive officer of the local government agency providing the
title IV-E services, the chair of the county board of
commissioners, and the chief executive officer of the county.
Sec. 537. (1) The department shall give first preference in
placement of children entering foster care to that placement which
best meets the need of the child.
(2) The department, in conjunction with private child placing
agencies, shall develop a methodology for measuring goals,
objectives, and performance standards for the delivery of foster
care and adoption services. These goals, objectives, and
performance standards shall apply to both public and private
delivery of child welfare services, and data shall be collected
from both private and public child welfare programs that can be
used to evaluate performance achievements, including, but not
limited to, the following:
(a) Average caseload per foster care worker.
(b) Average cost per case to the department and any other
governmental agency.
(c) Range of services provided.
(d) Program outcomes, including those related to achieving
permanency, child safety and child well-being.
(3) The department shall submit a quarterly report to the
legislature outlining the progress of the development of the goals,
objectives, and performance standards, as well as the information
collected through the implementation of the measurement program.
(4) The department, in collaboration with child placing
agencies, shall develop a strategy for implementing the
requirements of MCL 400.115o. As part of the implementation
strategy, the department caseworkers responsible for the
preparation of recommendations to the court for juvenile placements
shall provide, as part of the placement recommendation, information
regarding the requirements.
Sec. 545. (1) The department shall continue to implement a new
specialized foster care system based upon the report and
recommendations required in section 545(2) of 2004 PA 344.
(2) The department shall report to the senate and house
appropriations subcommittees for the department budget on the
number of new specialized foster care programs required under
section 545(3) of 2004 PA 344 not later than January 15, 2008. If
no new specialized foster care programs have been authorized, the
department shall provide an explanation, a list of all applicants
who applied but were denied, and a strategic plan to provide for
new specialized foster care programs.
Sec. 549. The department shall meet with personnel employed by
the office of the children's ombudsman and the state court
administrative office's foster care review board to investigate
streamlining the oversight process for child welfare services and
to ensure appropriate and adequate oversight while reducing
duplication and redundancy between government offices.
Sec. 556. The department shall submit a report to the
chairpersons of the senate and house of representatives
appropriations committees and the senate and house fiscal agencies
and policy offices that includes the number of fair hearing
requests from adoptive parents received by the department
challenging the amount of the adoption subsidy.
Sec. 562. The department may allow a county or counties to
submit claims for federal title IV-E foster care funding for
placements in secure residential facilities when a county or
counties can demonstrate that the reason for the secure placement
is a diagnosed medical necessity and not public protection.
Sec. 563. From the funds appropriated in part 1 for foster
care payments and related administrative costs, the department may
implement the federally approved title IV-E demonstration project
waiver.
Sec. 566. From the funds appropriated in part 1 for the ECIC,
the department shall contract for the creation and support of great
start communities. Great start collaborative grants will be
awarded by competitive bid process to eligible intermediate
districts in an amount to be determined by ECIC. The ECIC shall
provide technical assistance to great start communities through
intermediate school districts or other community agencies for the
implementation of their great start community needs assessment and
strategic plan.
Sec. 567. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on the activities of the ECIC. The report is due
by February 1 of each year and shall contain at least the following
information: detail of the amounts of grants awarded, the grant
recipients, the activities funded by each grant, and an analysis of
each grant recipient’s success in addressing the development of a
comprehensive system of early childhood services and supports.
(2) All contracts for comprehensive systems planning shall be
bid out through a statewide request-for-proposal process, and the
department shall send a report to the house and senate
appropriations subcommittees on the department budget covering the
selection criteria for establishing contracts at the time of the
issuance of any request for proposals.
Sec. 568. (1) In expending money appropriated in part 1 for
the fatherhood initiative, the department may contract with
independent contractors from various counties, including, but not
limited to, faith-based and nonprofit organizations. The
independent contractors shall provide at least 10% in matching
funds, through any combination of local, state, or federal funds or
in-kind or other donations. An independent contractor that cannot
secure matching funds shall not be excluded from consideration for
the fatherhood program.
(2) The department may choose providers that will work with
counties to help eligible fathers under TANF guidelines to acquire
skills that will enable them to increase their responsible behavior
toward their children and the mothers of their children. An
increase of financial support for their children should be a very
high priority as well as emotional support.
(3) A fatherhood initiative program established under this
section shall minimally include at least 3 of the following
components: promoting responsible, caring, and effective parenting
through counseling, mentoring and parental education; enhancing the
abilities and commitment of unemployed or low-income fathers to
provide material support for their families and to avoid or leave
welfare programs by assisting them to take advantage of job search
programs, job training, and education to improve their work habits
and work skills; improving fathers’ ability to effectively manage
family business affairs by means such as education, counseling, and
mentoring in household matters; infant care; effective
communication and respect; anger management; children’s financial
support; and drug-free lifestyle.
(4) The department is authorized to make allocations of TANF
funds, of not more than 20% per county, under this section only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 569. (1) In expending money appropriated in part 1 for
the marriage initiative, the department may contract with
independent contractors from various counties, including, but not
limited to, faith-based and nonprofit organizations. The
independent contractors shall provide at least 10% in matching
funds, through any combination of local, state, or federal funds or
in-kind or other donations. An independent contractor that cannot
secure matching funds shall not be excluded from consideration for
a marriage initiative program.
(2) The department may choose providers to work with counties
that will work to support and strengthen marriages of those
eligible under the TANF guidelines. The areas of work may include,
but are not limited to, marital counseling, domestic violence
counseling, family counseling, effective communication, and anger
management as well as parenting skills to improve the family
structure.
(3) A marriage initiative program established under this
section may include, but is not limited to, 1 or more of the
following: public advertising campaigns on the value of marriage
and the skills needed to increase marital stability and health;
education in high schools on the value of marriage, relationship
skills, and budgeting; premarital, marital, family, and domestic
violence counseling; effective communication; marriage mentoring
programs which use married couples as role models and mentors in
at-risk communities; anger management; and parenting skills to
improve the family structure.
(4) The department is authorized to make allocations of TANF
funds, of not more than 20% per county, under this section only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
PUBLIC ASSISTANCE
Sec. 601. (1) The department may terminate a vendor payment
for shelter upon written notice from the appropriate local unit of
government that a recipient's rental unit is not in compliance with
applicable local housing codes or when the landlord is delinquent
on property tax payments. A landlord shall be considered to be in
compliance with local housing codes when the department receives
from the landlord a signed statement stating that the rental unit
is in compliance with local housing codes and that statement is not
contradicted by the recipient and the local housing authority. The
department shall terminate vendor payments if a taxing authority
notifies the department that taxes are delinquent.
(2) Whenever a client agrees to the release of his or her name
and address to the local housing authority, the department shall
request from the local housing authority information regarding
whether the housing unit for which vendoring has been requested
meets applicable local housing codes. Vendoring shall be
terminated for those units that the local authority indicates in
writing do not meet local housing codes until such time as the
local authority indicates in writing that local housing codes have
been met.
(3) In order to participate in the rent vendoring programs of
the department, a landlord shall cooperate in weatherization and
conservation efforts directed by the department or by an energy
provider participating in an agreement with the department when the
landlord's property has been identified as needing services.
Sec. 603. (1) The department, as it determines is appropriate,
shall enter into agreements with energy providers by which cash
assistance recipients and the energy providers agree to permit the
department to make direct payments to the energy providers on
behalf of the recipient. The payments may include heat and
electric payment requirements from recipient grants and amounts in
excess of the payment requirements.
(2) The department shall establish caps for natural gas, wood,
electric heat service, deliverable fuel heat services, and for
electric service based on available federal funds.
(3) The department shall review and adjust the standard
utility allowance for the state food assistance program to ensure
that it reflects current energy costs in the state.
Sec. 604. (1) The department shall operate a state disability
assistance program. Except as provided in subsection (3), persons
eligible for this program shall include needy citizens of the
United States or aliens exempted from the supplemental security
income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social
security, or medical assistance due to disability or 65 years of
age or older.
(b) A person with a physical or mental impairment which meets
federal supplemental security income disability standards, except
that the minimum duration of the disability shall be 90 days.
Substance abuse alone is not defined as a basis for eligibility.
(c) A resident of an adult foster care facility, a home for
the aged, a county infirmary, or a substance abuse treatment
center.
(d) A person receiving 30-day postresidential substance abuse
treatment.
(e) A person diagnosed as having acquired immunodeficiency
syndrome.
(f) A person receiving special education services through the
local intermediate school district.
(g) A caretaker of a disabled person as defined in subdivision
(a), (b), (e), or (f) above.
(2) Applicants for and recipients of the state disability
assistance program shall be considered needy if they:
(a) Meet the same asset test as is applied to applicants for
the family independence program.
(b) Have a monthly budgetable income that is less than the
payment standards.
(3) Except for a person described in subsection (1)(c) or (d),
a person is not disabled for purposes of this section if his or her
drug addiction or alcoholism is a contributing factor material to
the determination of disability. "Material to the determination of
disability" means that, if the person stopped using drugs or
alcohol, his or her remaining physical or mental limitations would
not be disabling. If his or her remaining physical or mental
limitations would be disabling, then the drug addiction or
alcoholism is not material to the determination of disability and
the person may receive state disability assistance. Such a person
must actively participate in a substance abuse treatment program,
and the assistance must be paid to a third party or through vendor
payments. For purposes of this section, substance abuse treatment
includes receipt of inpatient or outpatient services or
participation in alcoholics anonymous or a similar program.
(4) A refugee or asylee who loses his or her eligibility for
the federal supplemental security income program by virtue of
exceeding the maximum time limit for eligibility as delineated in 8
USC 1612 and who otherwise meets the eligibility criteria under
this section shall be eligible to receive benefits under the state
disability assistance program.
Sec. 605. The level of reimbursement provided to state
disability assistance recipients in licensed adult foster care
facilities shall be the same as the prevailing supplemental
security income rate under the personal care category.
Sec. 606. County department offices shall require each
recipient of state disability assistance who has applied with the
social security administration for supplemental security income to
sign a contract to repay any assistance rendered through the state
disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec. 607. The department's ability to satisfy appropriation
deductions in part 1 for state disability assistance/supplemental
security income recoveries and public assistance recoupment
revenues shall not be limited to recoveries and accruals pertaining
to state disability assistance, or family independence assistance
grant payments provided only in the current fiscal year, but shall
include all related net recoveries received during the current
fiscal year.
Sec. 608. Adult foster care facilities providing domiciliary
care or personal care to residents receiving supplemental security
income or homes for the aged serving residents receiving
supplemental security income shall not require those residents to
reimburse the home or facility for care at rates in excess of those
legislatively authorized. To the extent permitted by federal law,
adult foster care facilities and homes for the aged serving
residents receiving supplemental security income shall not be
prohibited from accepting third-party payments in addition to
supplemental security income provided that the payments are not for
food, clothing, shelter, or result in a reduction in the
recipient's supplemental security income payment.
Sec. 610. In developing good cause criteria for the state
emergency relief program, the department shall grant exemptions if
the emergency resulted from unexpected expenses related to
maintaining or securing employment.
Sec. 611. (1) A providers of indigent burial services may
collect additional payment from relatives or other persons on
behalf of the deceased if the total additional payment does not
exceed $2,600.00.
(2) Any additional payment collected pursuant to subsection
(1) shall not increase the maximum charge limit for state payment
as established by law.
Sec. 612. For purposes of determining housing affordability
eligibility for state emergency relief, a group is considered to
have sufficient income to meet ongoing housing expenses if their
total housing obligation does not exceed 75% of their total net
income.
Sec. 613. From the funds appropriated in part 1 for state
emergency relief, the maximum allowable reimbursement limit for
indigent burials shall be $680.00. The funds shall be distributed
as follows: $435.00 for funeral directors; $145.00 for cemeteries
or crematoriums; and $100.00 for the provider of the vault.
Sec. 614. The funds available in part 1 for burial services
shall be available if the deceased was an eligible recipient and an
application for emergency relief funds was made within 10 days of
the burial or cremation of the deceased person. Each provider of
burial services shall be paid directly by the department.
Sec. 615. Except as required by federal law or regulations,
funds appropriated in part 1 shall not be used to provide public
assistance to a person who is an illegal alien. This section shall
not prohibit the department from entering into contracts with food
banks or emergency shelter providers who may, as a normal part of
doing business, provide food or emergency shelter to individuals.
Sec. 617. In operating the family independence program with
funds appropriated in part 1, the department shall not approve as a
minor parent's adult supervised household a living arrangement in
which the minor parent lives with his or her partner as the
supervising adult.
Sec. 618. The department may only reduce, terminate, or
suspend assistance provided under the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, without prior notice in 1 or more of
the following situations:
(a) The only eligible recipient has died.
(b) A recipient member of a program group or family
independence assistance group has died.
(c) A recipient child is removed from his or her family home
by court action.
(d) A recipient requests in writing that his or her assistance
be reduced, terminated, or suspended.
(e) A recipient has been approved to receive assistance in
another state.
(f) A change in either state or federal law that requires
automatic grant adjustments for classes of recipients.
(g) The only eligible recipient in the household has been
incarcerated.
(h) A recipient is no longer a Michigan resident.
(i) A recipient is closed on 1 case to be activated on
another.
(j) Federal payments (other than RSDI, railroad retirement, or VA) to the group have begun or increased. (k) A recipient is disqualified for intentional program violation.
(l) When the department’s negative action is upheld in an
administrative hearing.
Sec. 619. The department shall exempt from the denial of title
IV-A assistance and food assistance benefits, contained in 21 USC
862a, any individual who has been convicted of a felony that
included the possession, use, or distribution of a controlled
substance, after August 22, 1996, provided that the individual is
not in violation of his or her probation or parole requirements.
Benefits shall be provided to such individuals as follows:
(a) A third-party payee or vendor shall be required for any
cash benefits provided.
(b) An authorized representative shall be required for food
assistance receipt.
Sec. 620. The department with the approval of the state budget
director is authorized to increase federal spending authority for
food assistance program benefits if projected caseload spending
will exceed the spending authority in part 1. This authorization
adjustment shall be made 15 days after notifying the chairs of the
house and senate appropriations subcommittees on the department
budget and house and senate fiscal agencies.
Sec. 621. Funds appropriated in part 1 may be used to support
multicultural assimilation and support services. The department
shall distribute all of the funds described in this section based
on assessed community needs.
Sec. 631. The department shall maintain policies and
procedures to achieve all of the following:
(a) The identification of individuals on entry into the system
who have a history of domestic violence, while maintaining the
confidentiality of that information.
(b) Referral of persons so identified to counseling and
supportive services.
(c) In accordance with a determination of good cause, the
waiving of certain requirements of family independence programs
where compliance with those requirements would make it more
difficult for the individual to escape domestic violence or would
unfairly penalize individuals who have been victims of domestic
violence or who are at risk of further domestic violence.
Sec. 635. Prior to authorizing a payment, the department shall
determine whether the child day care provider to whom the payments
would be made is listed on the child abuse and neglect central
registry. If the provider is listed on the central registry, the
department shall immediately send written notice denying the
applicant's request for child day care payments.
Sec. 640. (1) From the funds appropriated in part 1 for day
care services, the department may continue to provide infant and
toddler incentive payments to child day care providers serving
children from 0 to 2-1/2 years of age who meet licensing or
training requirements.
(2) The use of the funds under this section should not be
considered an ongoing commitment of funding.
Sec. 643. As a condition of receipt of federal TANF funds,
homeless shelters shall collaborate with the department to obtain
necessary TANF eligibility information on families as soon as
possible after admitting a family to the homeless shelter. From
the funds appropriated in part 1 for homeless shelter contracts,
the department is authorized to make allocations of TANF funds only
to the agencies that report necessary data to the department for
the purpose of meeting TANF eligibility reporting requirements.
Homeless shelters that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements will not receive reimbursements which exceed the per
diem amount they received in fiscal year 2000. The use of TANF
funds under this section should not be considered an ongoing
commitment of funding.
Sec. 645. An individual or family is considered homeless, for
purposes of eligibility for state emergency relief, if living
temporarily with others in order to escape domestic violence. For
purposes of this section, domestic violence is defined and verified
in the same manner as in the department's policies on good cause
for not cooperating with child support and paternity requirements.
Sec. 653. From the funds appropriated in part 1 for food
assistance, an individual who is the victim of domestic violence
and does not qualify for any other exemption may be exempt from the
3-month in 36-month limit on receiving food assistance under 7 USC
2015. This exemption can be extended an additional 3 months upon
demonstration of continuing need.
Sec. 660. From the funds appropriated in part 1 for food bank
funding, the department is authorized to make allocations of TANF
funds only to the agencies that report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements. The agencies that do not report necessary data to
the department for the purpose of meeting TANF eligibility
reporting requirements will not receive allocations in excess of
those received in fiscal year 2000. The use of TANF funds under
this section should not be considered an ongoing commitment of
funding.
Sec. 665. The department shall partner with the department of
transportation and may partner with other entities to use TANF and
other sources of available funding to support public transportation
needs of TANF-eligible individuals. This partnership shall place a
priority on transportation needs for employment or seeking
employment or medical or health-related transportation.
Sec. 666. The department shall continue efforts to increase
the participation of eligible family independence program
recipients in the earned income tax credit.
Sec. 669. The department shall allocate up to $7,167,500.00
for the annual clothing allowance. The allowance shall be granted
to all eligible children as defined by the department.
Sec. 674. The department shall develop and implement a plan to
reduce waste, fraud, and abuse within the child day care program.
Beginning December 31, 2007, the department shall report annually
to the senate and house appropriations subcommittees for the
department budget, the senate and house fiscal agencies and policy
offices, and the state budget director on plan details and
implementation status.
Sec. 677. The department shall establish a state goal for the
percentage of family independence program (FIP) cases involved in
employment activities. The percentage established shall not be
less than 50%. On a monthly basis, the department shall report to
the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on the current percentage of FIP
cases involved in employment activities and the current percentage
of JET pilot program cases involved in employment activities. If
the FIP case percentage is below the goal for more than 2
consecutive quarters, the department shall develop a plan to
increase the percentage of FIP cases involved in employment-related
activities. The department shall deliver the plan during the next
annual budget presentation to the senate and house appropriations
subcommittees on the department budget.
Sec. 682. Funding in Part 1 for the Jobs, Education and
Training (JET) statewide expansion in fiscal year 2008 shall not be
allotted and released by the State Budget Director until savings
are achieved and documented from the fiscal year 2007 JET program
implementation in fifty percent of the state. The method for
documenting JET savings for fiscal year 2007 shall be proposed by
the department and approved by the State Budget Director.
JUVENILE JUSTICE SERVICES
Sec. 705. (1) The department, in conjunction with private
juvenile justice residential programs, shall develop a methodology
for measuring goals, objectives, and performance standards for the
delivery of juvenile justice residential programs based on national
standards and best practices. These goals, objectives, and
performance standards shall apply to both public and private
delivery of juvenile justice residential programs, and data shall
be collected from both private and public juvenile justice
residential programs that can be used to evaluate performance
achievements, including, but not limited to, the following:
(a) Admission and release data and other information related
to demographics of population served.
(b) Program descriptions and information related to treatment,
educational services, and conditions of confinement.
(c) Program outcomes including recidivism rates for youth
served by the facility.
(2) The department during the annual budget presentation shall
outline the progress of the development of the goals, objectives,
and performance standards, as well as the information collected
through the implementation of the performance measurement program.
The presentation shall include all of the following:
(a) Trends in census and population demographics.
(b) Program outcomes.
(c) Staff and resident safety.
(d) Facility profile.
(e) Fiscal information necessary for qualitative understanding
of program operations and comparative costs of public and private
facilities.
Sec. 706. Counties shall be subject to 50% charge-back for the
use of alternative regional detention services, if those detention
services do not fall under the basic provision of section 117e of
the social welfare act, 1939 PA 280, MCL 400.117e, or if a county
operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 707. In order to be reimbursed for child care fund
expenditures, counties are required to submit department-developed
reports to enable the department to document potential federally
claimable expenditures. This requirement is in accordance with the
reporting requirements specified in section 117a(7) of the social
welfare act, 1939 PA 280, MCL 400.117a.
Sec. 708. As a condition of receiving funds appropriated in part 1
for the child care fund, by February 15, 2008, counties shall have
an approved service spending plan for the fiscal year ending
September 30, 2008. Counties must submit the service spending plan
to the department by December 15, 2007 for approval.
LOCAL OFFICE SERVICES
Sec. 751. (1) From the funds appropriated in part 1, the
department shall implement school-based family resource centers
based on the following guidelines:
(a) The center is supported by the local school district.
(b) The programs and information provided at the center do not
conflict with sections 1169, 1507, and 1507b of the revised school
code, 1976 PA 451, MCL 380.1169, 380.1507, and 380.1507b.
(c) Notwithstanding subdivision (b), the center shall provide
information regarding crisis pregnancy centers or adoption service
providers in the area.
(2) The department shall report to the senate and house
subcommittees on the department budget, the senate and house fiscal
agencies, and policy offices, and the state budget office on family
resource center expansion efforts, budget implications, and
outcomes by August 2008.
Sec. 754. The department shall allow private nationally
accredited foster care and adoption agencies to conduct their own
staff training, based on current department policies and procedures
provided that the agency trainer and training materials are
accredited by the department, and that the agency documents to the
department that the training was provided. The department shall
provide access to any training materials requested by the private
agencies to facilitate this training.
DISABILITY DETERMINATION SERVICES
Sec. 801. The department disability determination services in
agreement with the department of management and budget office of
retirement systems will develop the medical information and make
recommendations for medical disability retirement for state
employees, state police, judges, and school teachers.
CHILD SUPPORT ENFORCEMENT
Sec. 901. (1) The appropriations in part 1 assume a total
federal child support incentive payment of $26,500,000.00.
(2) From the federal money received for child support
incentive payments, $12,000,000.00 shall be retained by the state
and expended for child support program expenses.
(3) From the federal money received for child support
incentive payments, $14,500,000.00 shall be paid to the counties
based on each county’s performance level for each of the federal
performance measures as established in the code of federal
regulations, CFR 45.305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00, 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.
(3) The department, through the child support leadership
group, shall provide quarterly reports to the legislature
concerning money expended and improvements made as a result of this
section.
OFFICE OF CHILDREN AND ADULT LICENSING
Sec. 1001. The department shall assess fees in the licensing
and regulation of child care organizations as defined in 1973 PA
116, MCL 722.111 to 722.128, and adult foster care facilities as
defined in the adult foster care facility licensing act, 1979 PA
218, MCL 400.701 to 400.737. Fees collected by the department
shall be used exclusively for the purpose of licensing and
regulating child care organizations and adult foster care
facilities.
Sec. 1002. The department shall furnish the clerk of the
house, the secretary of the senate, the senate and house fiscal
agencies and policy offices, the state budget office, and all
members of the house and senate appropriations committees with a
summary of any evaluation reports and subsequent approvals or
disapprovals of juvenile residential facilities operated by the
department, as required by section 6 of 1973 PA 116, MCL 722.116.
If no evaluations are conducted during the fiscal year, the
department shall notify the fiscal agencies and all members of the
appropriate subcommittees of the house and senate appropriations
committees.
Sec. 1005. The department shall implement a performance-based
licensing model with available resources that will assure
compliance with department policy and statutory mandates. This
model will prioritize licensing activities based on risk to the
vulnerable children and adults residing in or receiving services
from licensees.
COMMUNITY ACTION AND ECONOMMIC OPPORTUNITY
Sec. 1101. Not later than September 30 of each year, the
department shall submit for public hearing to the chairpersons of
the house and senate appropriations subcommittees dealing with
appropriations for the department budget the proposed use and
distribution plan for community services block grant funds
appropriated in part 1 for the succeeding fiscal year.
Sec. 1102. The department shall develop a plan based on
recommendations from the department of civil rights and from Native
American organizations to assure that the community services block
grant funds are equitably distributed. The plan must be developed
by October 31, 2007, and the plan shall be delivered to the
appropriations subcommittees on the department budget in the senate
and house, the senate and house fiscal agencies, and the state
budget director.
Sec. 1103. The appropriation in part 1 for the weatherization
program shall be expended so that at least 25% of the households
weatherized under the program shall be households of families
receiving 1 or more of the following:
(a) Family independence program assistance.
(b) State disability assistance.
(c) Food assistance.
(d) Supplemental security income.