SUBSTITUTE FOR
SENATE BILL NO. 179
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, 2012; 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; to provide anticipated appropriations for the
fiscal year ending September 30, 2013; 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
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
human services for the fiscal year ending September 30, 2012, 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....... 11,576.5
Unclassified positions............................ 6.0
Total full-time equated positions............ 11,582.5
GROSS APPROPRIATION.................................... $ 6,831,704,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,243,100
ADJUSTED GROSS APPROPRIATION........................... $ 6,830,461,800
Federal revenues:
Federal-other ARRA revenues............................ 549,632,400
Total federal revenues................................. 5,077,418,800
Special revenue funds:
Total private revenues................................. 15,911,100
Total local revenues................................... 27,948,500
Total other state restricted revenues.................. 88,616,500
State general fund/general purpose..................... $ 1,070,934,500
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 667.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 661.7
Unclassified salaries--6.0 FTE positions............... $ 647,900
Salaries and wages--273.7 FTE positions................ 16,364,200
Contractual services, supplies, and materials.......... 10,192,700
Demonstration projects--9.0 FTE positions.............. 13,950,900
Inspector general salaries and wages--136.0 FTE
positions............................................ 7,531,500
Electronic benefit transfer EBT........................ 13,009,000
Michigan community service commission--15.0 FTE
positions............................................ 12,161,600
AFC, children's welfare and day care
licensure--228.0 FTE positions....................... 25,598,300
State office of administrative hearings and rules...... 5,931,600
GROSS APPROPRIATION.................................... $ 105,387,700
Appropriated from:
Federal revenues:
Total other federal revenues........................... 69,190,800
Special revenue funds:
Total private revenues................................. 8,207,700
Total local revenues................................... 175,000
Total other state restricted revenue................... 25,000
State general fund/general purpose..................... $ 27,789,200
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 192.7
Child support enforcement operations--186.7 FTE
positions............................................ $ 22,470,200
Legal support contracts................................ 138,753,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 12,766,100
GROSS APPROPRIATION.................................... $ 206,399,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 181,100,100
Special revenue funds:
Total local revenues................................... 340,000
Total other state restricted revenues.................. 770,000
State general fund/general purpose..................... $ 24,189,400
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...................... $ 1,866,400
Community services block grant......................... 25,840,000
Weatherization assistance.............................. 28,340,000
GROSS APPROPRIATION.................................... $ 56,046,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 56,046,400
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions........... 43.7
Executive direction and support--4.0 FTE positions..... $ 456,400
Guardian contract...................................... 600,000
Adult services policy and administration--6.0 FTE
positions............................................ 701,600
Office of program policy--33.7 FTE positions........... 5,550,900
Employment and training support services............... 6,407,100
Wage employment verification reporting................. 848,700
Urban and rural empowerment/enterprise zones........... 100
Nutrition education.................................... 30,000,000
Background check program............................... 1,000,000
Crisis prevention and elder law of Michigan food for
the elderly project.................................. 100,000
GROSS APPROPRIATION.................................... $ 45,664,800
Appropriated from:
Federal revenues:
Total other federal revenues........................... 39,713,300
Special revenue funds:
State general fund/general purpose..................... $ 5,951,500
Sec. 106. CHILDREN'S SERVICES
Full-time equated classified positions.......... 146.8
Salaries and wages--59.2 FTE positions................. $ 3,765,600
Contractual services, supplies, and materials.......... 1,276,500
Interstate compact..................................... 231,600
Children's benefit fund donations...................... 21,000
Families first......................................... 17,950,700
Strong families/safe children--3.0 FTE positions....... 15,072,300
Child protection and permanency--37.5 FTE positions.... 16,264,100
Family reunification program........................... 3,977,100
Family preservation and prevention services
administration--14.5 FTE positions................... 1,228,200
Children's trust fund administration--12.0 FTE
positions............................................ 1,057,200
Children's trust fund grants........................... 2,825,100
ECIC, early childhood investment corporation........... 12,723,000
Attorney general contract.............................. 3,923,200
Prosecuting attorney contracts......................... 2,561,700
Child protection--5.0 FTE positions.................... 862,700
Domestic violence prevention and treatment--14.6 FTE
positions............................................ 14,660,900
Rape prevention and services--0.5 FTE positions........ 3,300,000
Child advocacy centers--0.5 FTE positions.............. 1,000,000
GROSS APPROPRIATION.................................... $ 102,700,900
Appropriated from:
Federal revenues:
Total other federal revenues........................... 90,938,200
Special revenue funds:
Private - children's benefit fund donations............ 21,000
Compulsive gambling prevention fund.................... 1,040,000
Children's trust fund.................................. 2,823,700
Sexual assault victims' prevention and treatment....... 1,000,000
Child advocacy centers fund............................ 1,000,000
State general fund/general purpose..................... $ 5,878,000
Sec. 107. CHILD WELFARE SERVICES
Full-time equated classified positions........ 3,599.0
Children's services administration--64.0 FTE positions. $ 4,715,500
Title IV-E compliance and accountability office--5.0
FTE positions........................................ 432,600
Child welfare institute--40.0 FTE positions............ 5,696,500
Child protective services workers--1,481.0 FTE
positions............................................ 79,228,300
Direct care workers--1,058.0 FTE positions............. 55,111,400
Education planners--14.0 FTE positions................. 736,300
Permanency planning specialists--55.0 FTE positions.... 3,171,000
Child welfare first line supervisors--519.0 FTE
positions............................................ 35,950,600
Administrative support workers--241.0 FTE positions.... 10,438,900
Second line supervisors and technical staff--45.0
FTE positions........................................ 3,230,100
Permanency planning specialists--62.0 FTE positions.... 3,638,300
Child welfare field staff contractual services,
supplies, and materials.............................. 5,432,200
Settlement monitor..................................... 1,625,800
Needs assessment....................................... 4,000,000
Foster care payments................................... 186,112,400
Foster care - children with serious emotional
disturbance waiver................................... 1,769,000
Guardianship assistance program........................ 2,170,000
Child care fund........................................ 205,255,500
Child care fund administration--5.8 FTE positions...... 808,600
Adoption subsidies..................................... 225,783,500
Adoption support services--7.2 FTE positions........... 33,604,300
Youth in transition--2.0 FTE positions................. 12,264,500
GROSS APPROPRIATION.................................... $ 881,175,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 493,207,700
Special revenue funds:
Private - collections.................................. 1,900,000
Local funds - county chargeback........................ 13,388,800
State general fund/general purpose..................... $ 372,678,800
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 198.7
W.J. Maxey training school--72.0 FTE positions......... $ 11,185,500
Bay pines center--44.0 FTE positions................... 4,900,000
Shawono center--44.0 FTE positions..................... 4,900,000
County juvenile officers............................... 3,904,300
Community support services--2.0 FTE positions.......... 1,600,100
Juvenile justice, administration and
maintenance--31.7 FTE positions...................... 4,236,200
W.J. Maxey memorial fund............................... 45,000
Juvenile accountability block grant--1.0 FTE positions. 1,296,000
Committee on juvenile justice administration--4.0
FTE positions........................................ 425,300
Committee on juvenile justice grants................... 5,000,000
GROSS APPROPRIATION.................................... $ 37,492,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 7,248,800
Special revenue funds:
Total private revenues................................. 45,000
Local funds - state share education funds.............. 1,197,500
Local funds - county chargeback........................ 9,861,500
State general fund/general purpose..................... $ 19,139,600
Sec. 109. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 5,937.5
Field staff, salaries and wages--5,695.5 FTE positions. $ 294,203,500
Contractual services, supplies, and materials.......... 11,771,300
Medical/psychiatric evaluations........................ 9,467,600
Donated funds positions--208.0 FTE positions........... 17,445,600
Training and program support--24.0 FTE positions....... 3,429,400
Wayne County gifts and bequests........................ 100,000
Volunteer services and reimbursement................... 1,036,100
SSI advocates--10.0 FTE positions...................... 966,700
GROSS APPROPRIATION.................................... $ 338,420,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 100,000
Federal revenues:
Total other federal revenues........................... 211,101,200
Special revenue funds:
Local funds............................................ 2,985,700
Private funds - donated funds.......................... 5,637,400
Private funds - Wayne County gifts..................... 100,000
Supplemental security income recoveries................ 746,100
State general fund/general purpose..................... $ 117,749,800
Sec. 110. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 747.4
Disability determination operations--721.9 FTE
positions............................................ $ 110,723,100
Medical consultation program--21.4 FTE positions....... 2,840,600
Retirement disability determination--4.1 FTE positions. 847,100
GROSS APPROPRIATION.................................... $ 114,410,800
Appropriated from:
Interdepartmental grant revenues:
IDG from DMB - office of retirement systems............ 1,143,100
ADJUSTED GROSS APPROPRIATION........................... $ 113,267,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 110,491,400
Special revenue funds:
State general fund/general purpose..................... $ 2,776,300
Sec. 111. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 47,047,400
Occupancy charge....................................... 8,228,800
Travel................................................. 7,216,400
Equipment.............................................. 227,300
Worker's compensation.................................. 3,363,800
Advisory commissions................................... 17,900
Payroll taxes and fringe benefits...................... 361,295,600
GROSS APPROPRIATION.................................... $ 427,397,200
Appropriated from:
Federal revenues:
Total other federal revenues........................... 275,273,300
Special revenue funds:
State general fund/general purpose..................... $ 152,123,900
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions........... 33.0
Family independence program............................ $ 340,948,600
State disability assistance payments................... 27,927,800
Food assistance program benefits....................... 3,036,402,200
Food assistance program benefits (ARRA)................ 549,632,400
State supplementation.................................. 60,489,000
State supplementation administration................... 2,681,100
Low-income home energy assistance program.............. 116,451,600
Food bank funding...................................... 1,345,000
Homeless programs...................................... 11,646,700
Multicultural integration funding...................... 1,515,500
Chaldean community foundation.......................... 100,000
Indigent burial........................................ 1,000,000
Emergency services local office allocations............ 21,615,500
Licensed and registered child development and care..... 99,312,900
Enrolled child development and care.................... 59,842,800
Day care technology and oversight--26.0 FTE positions.. 2,618,400
Refugee assistance program--7.0 FTE positions.......... 27,910,700
GROSS APPROPRIATION.................................... $ 4,361,440,200
Appropriated from:
Federal revenues:
Federal supplemental nutrition assistance revenues
(ARRA)............................................... 549,632,400
Total other federal revenues........................... 3,437,813,600
Special revenue funds:
Child support collections.............................. 29,145,800
Supplemental security income recoveries................ 14,955,900
Public assistance recoupment revenue................... 7,010,000
Michigan merit award trust fund........................ 30,100,000
State general fund/general purpose..................... $ 292,782,500
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 109,591,500
Child support automation............................... 45,578,000
GROSS APPROPRIATION.................................... $ 155,169,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 105,294,000
Special revenue funds:
State general fund/general purpose..................... $ 49,875,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $1,159,551,000.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $103,364,200.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 97,235,600
County juvenile officers............................... 3,603,900
State disability assistance payments................... 2,286,600
Legal support contracts................................ 3,141,000
Child support enforcement operations................... 583,200
Family independence program............................ 153,000
TOTAL.................................................. $ 107,003,300
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) "Children's rights settlement agreement" means the
settlement agreement entered in the case of Dwayne B. vs. Granholm,
docket no. 2:06-cv-13548 in the United States district court for
the eastern district of Michigan.
(d) "Current fiscal year" means the fiscal year ending
September 30, 2012.
(e) "Department" means the department of human services.
(f) "Director" means the director of the department of human
services.
(g) "FTE" means full-time equated.
(h) "IDG" means interdepartmental grant.
(i) "JET" means jobs, education, and training program.
(j) "Previous fiscal year" means the fiscal year ending
September 30, 2011.
(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 may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
or it may include placement of reports on the 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. 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 activities 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 bimonthly basis, the department shall report on
the number of FTEs in pay status by type of staff.
Sec. 215. If a legislative objective of this act or the social
welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be
implemented without loss of federal financial participation because
implementation would conflict with or violate federal regulations,
the department shall notify the state budget director, the house
and senate appropriations committees, and the house and senate
fiscal agencies and policy offices of that fact.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2012 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
Sec. 219. (1) 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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
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. 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. 222. (1) 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.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 223. The department shall make a determination of
Medicaid eligibility not later than 60 days after all information
to make the determination is received from the applicant when
disability is an eligibility factor. For all other Medicaid
applicants, the department shall make a determination of Medicaid
eligibility not later than 45 days after all information to make
the determination is received from the applicant.
Sec. 224. The department shall approve or deny a Medicaid
application for a patient of a nursing home within 45 days after
the receipt of the necessary information.
Sec. 230 (1) The department shall convene a work group of all
interested parties to evaluate the feasibility of combining the
bureau of child and adult licensing with the contract compliance
unit into 1 unit.
(2) By April 1, 2012, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices on the findings of the work group established
in subsection (1).
Sec. 231. If TANF contingency funds for the current fiscal
year become available, the department shall utilize all TANF
contingency funds the state receives to increase the family
independence program earned income disregard or for reform measures
that will fundamentally improve public assistance programs by
emphasizing work. An annual report on the expenditures and programs
paid by these TANF contingency funds shall be provided to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices no later than November 1, 2012.
Sec. 250. 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.
Sec. 251. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
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, 2011 and
September 30, 2012.
Sec. 273. (1) The department shall only use money appropriated
in section 102 to prepare regulatory reform plans. Money
appropriated in part 1 shall not be used to prepare regulatory
reform plans or promulgate rules that exceed statutory authority
granted to the department. If the department fails to comply with
the provisions of section 39(1) of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.239, money shall not be expended
for the further preparation of that regulatory plan or the
promulgation of rules for that regulatory plan.
(2) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that fail to reduce the
disproportionate economic impact on small businesses as required in
section 40 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.240.
(3) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that grant preferences to
private providers of services based on whether that private
provider has a collective bargaining agreement with its workers.
Sec. 274. (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, 2012 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) Child care and development funds.
(c) Title XX social services block grant.
(d) Title IV-B part I child welfare services block grant.
(e) 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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 292. By November 1, 2011, the department shall submit a
report to the house and senate appropriations subcommittees on the
human services budget and the house and senate fiscal agencies on
the number of eligible child care providers by type receiving
payment for child care services from the department on October 1,
2011.
Sec. 293. The department may use money from the money
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. 294. Money appropriated in part 1 for the statewide
automated child welfare information system is contingent upon the
approval of an advanced planning document from the administration
for children and families. If the necessary matching funds are
identified and legislatively transferred to the information and
technology services and projects line item for this purpose, any
corresponding federal revenue required shall be appropriated at a
50% federal match rate. This appropriation may be designated as a
work project under section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a, and carried forward to support
completion of this project.
Sec. 296. Not later than November 15, 2012, 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. 298. The department shall work toward a new supervisor-
to-staff ratio in all department divisions and subdivisions,
excluding the supervisor-to-staff ratios required by the children's
rights settlement agreement, of 1 supervisor to 12 staff members.
EXECUTIVE OPERATIONS
Sec. 307. (1) From the money appropriated in part 1 for
demonstration projects, $550,000.00 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) Money distributed under subsection (1) shall be
distributed to Michigan 2-1-1, a nonprofit corporation organized
under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code, 26 USC
501(c)(3), and whose mission is to coordinate and support a
statewide 2-1-1 system. Michigan 2-1-1 shall use the money only to
fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1
in January 2005.
(3) Michigan 2-1-1 shall report annually to the department and
the house and senate standing committees with primary jurisdiction
over matters relating to human services and telecommunications on
2-1-1 system performance, including, but not limited to, call
volume by community health and human service needs and unmet needs
identified through caller data and customer satisfaction metrics.
Sec. 311. The department shall administer licensing and
regulation of licensees with the highest priority given to
licensing activities that present the highest risk to vulnerable
children or adults receiving services of licensees.
ADULT AND FAMILY SERVICES
Sec. 415. (1) If money becomes 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 money becomes 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. 423. From the money appropriated in part 1 for elder law
of Michigan MiCAFE contract, the department shall allocate not less
than $100,000.00 to the elder law of Michigan MiCAFE to assist this
state's elderly population to participate in the food assistance
program. The money may be used as state matching funds to acquire
available United States department of agriculture funding to
provide outreach program activities, such as eligibility screen and
information services, as part of a statewide food stamp hotline.
Sec. 425. The department shall implement administrative
efforts, either through policy change or proposed legislation, to
reduce waste, fraud, and abuse within the employment support
services program, including, but not limited to, revisions to
current policy on car repair and car purchase payments.
CHILDREN'S SERVICES
Sec. 501. A goal is established that not more than 35% 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. 505. By March 1, 2012, 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. 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. 513. (1) The department shall not expend money
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 each
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. 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. 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 out-of-home care services within 30 days of
receiving all necessary documentation from those agencies.
(2) The department shall explore various types of automated
payments to private nonprofit child placing facilities to improve
speed and accuracy of payments.
(3) The department shall provide a report on the activities
under this section by October 1, 2012.
Sec. 536. (1) The department shall place all children within
their own county or within a 75-mile radius of the home from which
the child entered custody, whichever is greater, unless 1 or more
of the following applies:
(a) The child's needs are so exceptional that they cannot be
met by a family or facility within the county or 75-mile radius.
(b) The child needs re-placement and the child's permanency
goal is to be returned to his or her parents who at the time reside
out of the county or 75-mile radius.
(c) The child is to be placed with a relative out of the
county or 75-mile radius.
(d) The child is to be placed in an appropriate preadoptive or
adoptive home that is out of the county or 75-mile radius.
(2) If placement outside the county or 75-mile radius is made,
either of the following applies:
(a) In a "designated county", as defined in section IV.A.3 of
the children's rights settlement agreement, the county
administrator of children's services shall be specifically required
to certify the circumstances supporting the placement in writing,
based on his or her own examination of the circumstances and the
child's needs and best interests.
(b) In any other county, the children's services field manager
shall be specifically required to certify the circumstances
supporting the placement in writing, based on his or her own
examination of the circumstances and the child's needs and best
interests.
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. 539. The department shall work in collaboration with
representatives from child placing agencies to ensure appropriate
placement for children who have been adjudicated abused, neglected,
or delinquent and for whom residential treatment is required. The
department and the representatives from the child placing agencies
shall focus on statewide placement criteria to address the best
interests of the child in need of services. The placement criteria
shall include a continuum of care settings and options as
appropriate for each child and his or her needs at specific times,
including home placements, relative placements, shelter placements,
and other options.
Sec. 546. (1) From the money 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. For specialized independent living
services, the administrative rate paid shall be reduced by 50% of
the difference between the general independent living
administrative rate and the specialized independent living rate
paid in the fiscal year ending September 30, 2009.
Sec. 556. (1) The department shall submit a quarterly report
by February 1, May 1, August 1, and November 1 of each fiscal year
to the chairpersons of the senate and house appropriations
committees, the senate and house fiscal agencies, and the senate
and house policy offices that includes all of the following:
(a) A description of how the department is complying with
federal requirements to notify prospective adoptive parents about
adoption subsidies for which those prospective adoptive parents may
qualify.
(b) The number of requests received by the department from
adoptive parents for money or reimbursement of costs to attend
conferences that include training or discussion of significant
adoption issues, the proportion of these requests approved by the
department, and the total annual expenditure for approved requests.
(c) The number of fair hearing requests from adoptive parents
received by the department challenging the amount of the adoption
subsidy, broken down by the stated reason for the challenge.
(d) The number of adoption subsidy payments suspended when the
child is still in the custody of the adoptive parent, but no longer
in the physical care of the adoptive parent.
(2) From the money appropriated in part 1 for adoption
subsidies, $4,250,000.00 in state general fund/general purpose
revenues shall not be expended until the department provides
proposed legislation to the senate and house standing committees
with primary jurisdiction over matters relating to human services,
the senate and house appropriations subcommittees on the department
budget, senate and house fiscal agencies, and senate and house
policy offices that would allow adoptive parents up to 1 year after
an adoption has been finalized to submit a request to revise the
determination of care supplement for an adopted child who has
previously existing special needs or request a new determination.
(3) The department shall provide an annual report to the
subcommittees of the senate and house appropriation 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. 570. From the money appropriated in part 1 for the
guardianship assistance program, the department shall provide
assistance under this program to children who are eligible under
section 3 of the guardianship assistance act, 2008 PA 260, MCL
722.873.
Sec. 574. (1) From the money 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 money 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. 578. The department and child placing agencies shall
utilize a standardized assessment tool to ensure greater
cooperation between the department and the department of community
health and to measure the mental health treatment needs of every
child supervised by the department. The department shall use the
results of this assessment process to determine the best placement
and the best mental health services to be provided for the child
while under department supervision.
Sec. 580. The department and the department of community
health shall initiate efforts to identify mental health programs
and activities where the services of the 2 departments overlap, or
are uncoordinated. The goal shall be to provide adequate and stable
mental health services which address the need of the individual
child without duplicative, confusing, or needlessly complex
services. The department shall report on these coordination efforts
with the department of community health during the annual budget
presentations to the senate and house appropriations subcommittees
with jurisdiction over the department budget.
Sec. 583. By February 1 of the current fiscal year, the
department, in conjunction with the legislature, shall carry out a
work group to determine what caused individuals participating as
foster parents during the previous fiscal year to drop out of the
program. 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 work group findings as well as the number of
individuals participating as foster parents during the previous
fiscal year who dropped out of 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) By November 1, 2012, 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. 588. (1) Concurrent 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 monthly 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. From the money 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.
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. 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.
(4) Payments under this section shall be made directly to
service providers and not to the individuals who are receiving the
assistance.
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.
(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 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. 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.
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. 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. 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 business
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, emergency shelter providers, or other human services
agencies who may, as a normal part of doing business, provide food
or emergency shelter.
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. The department shall establish a work group to
explore if privatization of Medicaid eligibility determination
would lead to increased efficiencies and budgetary savings. The
work group shall include, but not be limited to, the department and
members of the legislature.
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. 644. The department shall prioritize the money
appropriated in part 1 for homeless programs to support regional
homeless shelters that offer wraparound services in cases where
shelters have a lower cost per night than an alternative emergency
shelter.
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. 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. 670. By March 1 of the current fiscal year, the
department shall submit a report to the house and senate
subcommittees on the department budget and house and senate fiscal
agencies and policy offices regarding child development and care
program activities in the previous fiscal year. The report shall
include the following:
(a) The amount of child care payments made by the parents for
child care charges, by provider type, not paid by the department's
child development and care subsidy.
(b) The number of enrolled child care providers with a
reported annual household income of $15,000.00 or less.
(c) The number of enrolled child care providers with a
reported annual household income of more than $15,000.00 but not
more than $25,000.00.
(d) The number of enrolled child care providers with a
reported annual household income of more than $25,000.00 but not
more than $35,000.00.
(e) The number of enrolled child care providers with a
reported annual household income of more than $35,000.00.
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 May 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.
(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. 673. (1) The department shall immediately send
notification to a client participating in the state child
development and care program and his or her child care provider if
the client's eligibility is reduced or eliminated.
(2) If the department fails to notify a provider as required
by subsection (1), the department shall continue to pay for
services by the provider to the day of the notice.
(3) By March 1 of the current fiscal year, the department
shall submit a report to the senate and house appropriations
subcommittees for the department budget and the senate and house
fiscal agencies and policy offices on any additional expenditures
paid to child care providers as a result of the requirements in
subsection (2).
Sec. 677. The department shall establish a state goal for the
percentage of family independence program (FIP) cases involved in
employment activities. The percentage established shall not be less
than 50%. On a quarterly basis, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on the current percentage of FIP
cases involved in JET employment activities and an estimate of the
current percentage of FIP cases that meet federal work
participation requirements. 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. 680. (1) It is the intent of the legislature that the
department achieve $7,000,000.00 in savings through the child
development and care program by revising the maximum number of
reimbursable hours per recipient.
(2) It is the intent of the legislature that the department
achieve $5,000,000.00 in savings through the child development and
care program by improving the error rates for income verification
and income eligibility.
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
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. 696. From the money appropriated in part 1, the
department shall allocate $100,000.00 to the Chaldean community
foundation. This money shall be utilized to provide translation
services, health care services, youth tutoring and mentoring
programs, and refugee resettlement services.
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. (1) As a condition of receiving money 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.
(2) The department shall provide a report on the number of
counties that fail to submit a service spending plan by October 1
of the current fiscal year. The report shall be submitted to the
house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the house and
senate policy offices by December 15 of the current fiscal year.
Sec. 710. The department, the county of Wayne, and the third
circuit court may rewrite the memorandum of understanding (MOU)
that permits the county of Wayne to manage its juvenile justice
system so that the MOU takes into account all interested parties,
including, but not limited to, the legislature.
Sec. 717. (1) The department shall contract using private
revenues with the Michigan public health institute 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.
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. 724. The department shall establish a work group to study
the feasibility of contracting out the juvenile justice secure
treatment beds for males and females operated by the department's
bureau of juvenile justice to private nonprofit child caring
institutions that are nationally accredited and licensed in this
state. The work group shall include, but not be limited to, the
department, members of the house and senate appropriations
subcommittees on the department budget, and representatives of 2
statewide organizations whose members consist of private nonprofit
child caring institutions.
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).
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 1103. (1) The department shall establish a work group to
develop a more efficient way to administer state emergency relief,
low income home energy assistance program, and weatherization. The
work group shall include, but not be limited to, the department and
members of the legislature.
(2) By April 1, 2012, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices on the findings of the work group established
in subsection (1).
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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, 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 2012 consensus revenue estimating
conference.