SB-0179, As Passed Senate, April 26, 2011
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....... 11,549.5
Unclassified positions............................ 6.0
Total full-time equated positions............ 11,555.5
GROSS APPROPRIATION.................................... $ 6,786,462,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,243,100
ADJUSTED GROSS APPROPRIATION........................... $ 6,785,219,100
Federal revenues:
Federal-other ARRA revenues............................ 549,632,400
Total federal revenues................................. 5,084,979,600
Special revenue funds:
Total private revenues................................. 15,325,100
Total local revenues................................... 30,043,400
Total other state restricted revenues.................. 95,007,200
State general fund/general purpose..................... $ 1,010,231,400
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 646.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 640.7
Unclassified salaries--6.0 FTE positions............... $ 647,900
Salaries and wages--267.7 FTE positions................ 15,919,200
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............................................ 7,331,500
Electronic benefit transfer EBT........................ 13,009,000
AFC, children's welfare and day care
licensure--228.0 FTE positions....................... 24,965,900
State office of administrative hearings and rules...... 5,697,300
GROSS APPROPRIATION.................................... $ 91,714,400
Appropriated from:
Federal revenues:
Total other federal revenues........................... 57,650,900
Special revenue funds:
Total private revenues................................. 7,221,700
Total local revenues................................... 175,000
Total other state restricted revenue................... 25,000
State general fund/general purpose..................... $ 26,641,800
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................................. 187,900,100
Special revenue funds:
Total local revenues................................... 340,000
Total other state restricted revenues.................. 3,395,000
State general fund/general purpose..................... $ 14,764,400
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 10.0
Bureau of community action and economic
opportunity--10.0 FTE positions...................... $ 1,097,500
Community services block grant......................... 25,650,000
Weatherization assistance.............................. 28,150,000
GROSS APPROPRIATION.................................... $ 54,897,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 54,897,500
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
GROSS APPROPRIATION.................................... $ 44,564,800
Appropriated from:
Federal revenues:
Total other federal revenues........................... 39,713,300
Special revenue funds:
State general fund/general purpose..................... $ 4,851,500
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
Attorney general contract.............................. 3,723,200
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.................................... $ 89,777,900
Appropriated from:
Federal revenues:
Total other federal revenues........................... 78,015,200
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................................... 203,325,500
Foster care - children with serious emotional
disturbance waiver................................... 1,769,000
Guardianship assistance program........................ 2,170,000
Child care fund........................................ 205,766,400
Child care fund administration--5.8 FTE positions...... 808,600
Adoption subsidies..................................... 228,696,000
Adoption support services--7.2 FTE positions........... 28,591,100
Youth in transition--2.0 FTE positions................. 12,264,500
GROSS APPROPRIATION.................................... $ 896,798,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 497,725,300
Special revenue funds:
Private - collections.................................. 2,300,000
Local funds - county chargeback........................ 16,013,900
State general fund/general purpose..................... $ 380,759,400
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 198.7
W.J. Maxey training school--63.0 FTE positions......... $ 8,300,000
Bay pines center--49.0 FTE positions................... 5,300,000
Shawono center--48.0 FTE positions..................... 5,300,000
County juvenile officers............................... 3,904,300
Community support services--2.0 FTE positions.......... 1,400,100
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.................................... $ 35,206,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 6,830,900
Special revenue funds:
Total private revenues................................. 45,000
Local funds - state share education funds.............. 1,192,500
Local funds - county chargeback........................ 9,336,300
State general fund/general purpose..................... $ 17,802,200
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. $ 272,203,500
Contractual services, supplies, and materials.......... 12,621,300
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
SSI advocates--10.0 FTE positions...................... 966,700
GROSS APPROPRIATION.................................... $ 316,234,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 100,000
Federal revenues:
Total other federal revenues........................... 200,371,300
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..................... $ 106,293,600
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...................... 361,028,600
GROSS APPROPRIATION.................................... $ 427,130,200
Appropriated from:
Federal revenues:
Total other federal revenues........................... 261,541,300
Special revenue funds:
State general fund/general purpose..................... $ 165,588,900
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions........... 33.0
Family independence program............................ $ 356,663,500
State disability assistance payments................... 12,763,600
Food assistance program benefits....................... 3,037,490,800
Food assistance program benefits (ARRA)................ 549,632,400
State supplementation.................................. 62,071,000
State supplementation administration................... 2,681,100
Low-income home energy assistance program.............. 116,451,600
Food bank funding...................................... 1,345,000
Homeless programs...................................... 11,296,700
Multicultural integration funding...................... 1,515,500
Chaldean community foundation.......................... 100
Indigent burial........................................ 125,000
Emergency services local office allocations............ 21,615,500
Licensed and registered child development and care..... 87,334,800
Enrolled child development and care.................... 62,642,300
Day care technology and oversight--26.0 FTE positions.. 2,618,400
Refugee assistance program--7.0 FTE positions.......... 27,910,700
GROSS APPROPRIATION.................................... $ 4,354,158,000
Appropriated from:
Federal revenues:
Federal supplemental nutrition assistance revenues
(ARRA)............................................... 549,632,400
Total other federal revenues........................... 3,492,648,400
Special revenue funds:
Child support collections.............................. 29,145,800
Supplemental security income recoveries................ 16,606,600
Public assistance recoupment revenue................... 7,010,000
Michigan merit award trust fund........................ 30,100,000
State general fund/general purpose..................... $ 229,014,800
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................................. 97,194,000
Special revenue funds:
Total other state restricted revenues.................. 2,115,000
State general fund/general purpose..................... $ 55,860,500
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 $1,105,238,600.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $100,854,800.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 93,596,500
County juvenile officers............................... 3,657,600
State disability assistance payments................... 839,500
Legal support contracts................................ 2,025,000
Child support enforcement operations................... 583,200
Family independence program............................ 153,000
TOTAL.................................................. $ 100,854,800
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) "CFSR" means child and family services review.
(d) "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.
(e) "Current fiscal year" means the fiscal year ending
September 30, 2012.
(f) "DCH" means the department of community health.
(g) "Department" means the department of human services.
(h) "Director" means the director of the department of human
services.
(i) "DTMB" means the department of technology, management, and
budget.
(j) "ECIC" means early childhood investment corporation.
(k) "FMAP" means federal medical assistance percentage.
(l) "FTE" means full-time equated.
(m) "IDG" means interdepartmental grant.
(n) "JET" means jobs, education, and training program.
(o) "Previous fiscal year" means the fiscal year ending
September 30, 2011.
(p) "RSDI" means retirement survivors disability insurance.
(q) "SSI" means supplemental security income.
(r) "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.
(s) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 669b.
(t) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 679b.
(u) "VA" means veterans affairs.
Sec. 204. The civil service commission shall bill the
department at the end of the first fiscal quarter for up to 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 shall include transmission of reports via electronic mail,
including a link to the Internet site, to the recipients identified
for each reporting requirement, or it may include placement of
reports on the Internet or Intranet site. On an annual basis, the
department shall provide a cumulative listing of the reports to the
house and senate appropriations subcommittees and the house and
senate fiscal agencies and policy offices.
Sec. 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. The department shall submit a written
report by February 1 of the current fiscal year to the chairpersons
of the senate and house appropriations subcommittees on the
department budget that identifies all reimbursements, refunds,
adjustments, and settlements from prior years to be used to satisfy
appropriation fund sources.
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. 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. 218. (1) By February 15 of the current fiscal year, the
department shall prepare an annual report on the TANF federal block
grant. The report shall include projected expenditures for the
current fiscal year, an accounting of any previous year funds
carried forward, and a summary of all interdepartmental or
interagency agreements relating to the use of TANF funds. The
report shall be forwarded to the state budget director and the
house and senate appropriations subcommittees on the department
budget and the house and senate fiscal agencies and policy offices.
(2) The state budget director shall give prior written notice
to the members of the house and senate appropriations subcommittees
for the department and to the house and senate fiscal agencies and
policy offices of any proposed changes in utilization or
distribution of TANF funding or the distribution of TANF
maintenance of effort spending relative to the amounts reflected in
the annual appropriations acts of all state agencies where TANF
funding is appropriated. The written notice shall be given not less
than 30 days before any changes being made in the funding
allocations. This prior notice requirement also applies to new
plans submitted in response to federal TANF reauthorization or
replacement by an equivalent federal law.
(3) 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. 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. (1) 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.
(2) The appropriation for the executive operations unit shall
be reduced $500.00 for each violation of subsection (1).
Sec. 224. (1) 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.
(2) The appropriation for the executive operations unit shall
be reduced $500.00 for each violation of subsection (1).
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. 273. (1) The department shall quarterly report to the
senate and house standing committees with primary jurisdiction over
matters relating to human services and the senate and house
appropriations subcommittees on the department budget any policy
changes made to implement the provisions of enacted legislation,
including the annual appropriation for the department budget.
(2) The department shall provide to the senate and house
appropriations subcommittees on the department budget and senate
and house standing committees with primary jurisdiction over
matters relating to human services, the senate and house fiscal
agencies, and the senate and house policy offices by July 1 of the
current fiscal year a cumulative list of all policy changes in
child welfare services, child support, work first, work
requirements, adult and child safety, local staff program
responsibilities, and day care and the most recent regulatory plan
submitted to the state office of administrative hearings and rules.
(3) 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.
(4) 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.
(5) Money appropriated in part 1 shall not be used to prepare
a regulatory plan or promulgate rules that grant preferences to
private providers of services based on whether that private
provider has a collective bargaining agreement with its workers.
Sec. 274. The department, 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.
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. 287. (1) The department shall work collaboratively with
the child death review board and court system to improve
communication and coordination between entities on the review and
examination of child death in Michigan.
(2) The department shall notify the children's ombudsman
within 1 business day after a child dies if any of the following
apply:
(a) The child died during an active child protective services
investigation or an open child protective services case.
(b) The department received a prior child protective services
complaint concerning the child's caretaker.
(c) The child's death may have resulted from child abuse or
neglect.
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
regarding the child development and care program. The report shall
include all of the following:
(a) Number of eligible child care providers by type receiving
payment for child care services from the department on October 1,
2011.
(b) 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. 295. By September 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees on the department budget and the senate and house
fiscal agencies and policy offices on the number of individuals
with criminal justice disqualifications inappropriately accessing
benefits that were identified through the use of the "Bridges" and
the law enforcement information network system.
Sec. 296. Not later than October 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 establish 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, of 1 supervisor to 14 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.
(4) General fund/general purpose money in the amount of
$100,000.00 that was previously provided to the elder law of
Michigan as a match to draw down $100,000.00 in federal funding for
the center for civil justice shall be diverted to the Michigan 2-1-
1 program. This money may be used as the state match necessary to
access federal money for food assistance outreach activities. The
$200,000.00 shall offset funding currently allocated to Michigan 2-
1-1, generating savings.
Sec. 310. The department shall furnish the senate and house
fiscal agencies and policy offices, the state budget office, and
all members of the house and senate appropriations committees with
a summary of any evaluation reports and subsequent approvals or
disapprovals of juvenile residential facilities operated by the
department, as required by section 6 of 1973 PA 116, MCL 722.116.
If no evaluations are conducted during the fiscal year, the
department shall notify the fiscal agencies and all members of the
appropriate subcommittees of the house and senate appropriations
committees.
Sec. 311. (1) The department shall administer licensing and
regulation of licensees with the following standards:
(a) The highest priority shall be 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.
CHILDREN'S SERVICES
Sec. 501. During the current fiscal year, 85% or more of
children who have been in care for 1 year or longer while legally
available for adoption or with an established goal of reunification
with their families shall be permanently placed. During the annual
budget presentation, the department shall report on the number of
children supervised by the department and by private agencies who
remain in foster care more than 12 and less than 24 months and
those who remain in foster care 24 months or more.
Sec. 503. The department shall continue adoption subsidy
payments to families after the eighteenth birthday of an adoptee
who meets the following criteria:
(a) Has not yet graduated from high school or passed a high
school equivalency examination.
(b) Is making progress toward completing high school.
(c) For a child adopted before the age of 16, has not yet
reached his or her nineteenth birthday.
(d) For a child adopted at or after the age of 16, has not yet
reached his or her twentieth birthday.
Sec. 504. The department will ensure that children aged 14
years and older in foster care and youth transitioning from foster
care to adulthood have access to the range of supportive services
necessary to support their preparation for and successful
transition to adulthood, including, but not limited to, independent
living services eligible for federal reimbursement under the Chafee
program, and shall maintain sufficient resources to deliver
independent living services to all children in foster care custody
of the department who qualify for them.
Sec. 505. (1) 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.
(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 section
585. 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. 507. The department's ability to satisfy appropriation
deducts in part 1 for foster care private collections shall not be
limited to collections and accruals pertaining to services provided
only in the current fiscal year but may include revenues collected
during the current fiscal year for services provided in prior
fiscal years.
Sec. 508. (1) In addition to the amount appropriated in part 1
for children's trust fund grants, money granted or money received
as gifts or donations to the children's trust fund created by 1982
PA 249, MCL 21.171 to 21.172, is appropriated for expenditure.
(2) The department and the child abuse neglect and prevention
board shall collaborate to ensure that administrative delays are
avoided and the local grant recipients and direct service providers
receive money in an expeditious manner. The department and board
shall seek to have the children's trust fund grants distributed no
later than October 31 of the current fiscal year.
Sec. 509. (1) From the funds appropriated in part 1, the
department shall not expend funds to preserve or reunite a family,
unless there is a court order requiring the preservation or
reuniting of the family or the court denies the petition, if either
of the following would result:
(a) A child would be living in the same household with a
parent or other adult who has been convicted of criminal sexual
conduct against a child.
(b) A child would be living in the same household with a
parent or other adult against whom there is a substantiated charge
of sexual abuse against a child.
(2) Notwithstanding subsection (1), this section shall not
prohibit counseling or other services provided by the department,
if the service is not directed toward influencing the child to
remain in an abusive environment, justifying the actions of the
abuser, or reuniting the family.
Sec. 510. The department shall not be required to put up for
bids a contract with a service provider if the service provider is
currently the only provider in the service area.
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.
(b) New policies related to children's protective services
including, but not limited to, major policy changes and court
decisions affecting the children's protective services system
during the immediately preceding 12-month period.
(c) The information contained in the report required under
section 8d(5) of the child protection law, 1975 PA 238, MCL
722.628d, on cases classified under category III.
(d) The department policy, or changes to the department
policy, regarding children who have been exposed to the production
or manufacture of methamphetamines.
Sec. 515. The department shall use performance-based models
for all foster care services provided by the department and child
placing agencies. The goal of these models shall be to ensure that
foster care services are provided in a manner that increases the
state's compliance with CFSR and children's rights settlement
agreement goals. Not later than March 30 of the current fiscal
year, the department shall provide an update to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the office
of the state budget on benchmarks developed in conjunction with
private providers for this performance model and county
representatives from Genesee, Kent, Macomb, Oakland, and Wayne
Counties, results the department or child placing agencies have
achieved in improving permanency placements, and recommendations
for further improvements for foster care services across the entire
state.
Sec. 523. (1) The department shall report on prevention
programs for which money is appropriated in part 1 to the senate
and house appropriations subcommittees on the department budget
during the annual budget presentation. The report shall contain all
of the following for each program:
(a) The average cost per recipient served.
(b) Measurable performance indicators.
(c) Desired outcomes or results and goals that can be measured
on an annual basis, or desired results for a defined number of
years.
(d) Monitored results.
(e) Innovations that may include savings or reductions in
administrative costs.
(2) If money becomes available in part 1 for youth in
transition, domestic violence prevention and treatment, and teenage
parent counseling, the department is authorized to make allocations
of TANF funds only to agencies that report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements.
(3) An agency that receives teenage parent counseling money
shall provide at least 10% in matching funds, through any
combination of local, state, or federal money or in-kind or other
donations.
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. 540. The department shall issue a request for proposals
for treatment foster care services and/or group homes no later than
January 1 of the current fiscal year. The request for proposals for
treatment foster care shall be based on standards established by
the legislatively established public/private specialized foster
care subcommittee in 2005. Each nonprofit agency that has an
existing foster care contract with the state of Michigan shall be
eligible to respond to the request for proposals, with a goal that
services be part of a continuum of services offered by the
nonprofit agency.
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 not be less than the
administrative rate paid in fiscal year 2008-2009.
(3) The department shall calculate and report by December 1 of
the current fiscal year to the house and senate appropriations
subcommittees on the department budget on the cost of care, on a
per diem basis, for foster care services delivered directly by the
department.
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) The department shall allow adoptive parents up to 1 year
after an adoption has been finalized to claim special subsidies for
an adopted child who has special needs.
(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. 562. (1) The department shall allow a county to submit a
claim for title IV-E foster care funding for a placement in a
secure residential facility if the county can demonstrate that the
reason for the secure placement is a diagnosed medical necessity
and not protection of the public.
(2) The department shall submit a claim for title IV-E foster
care funding for a placement in a secure residential facility if
the county can demonstrate that the reason for the secure placement
is a diagnosed medical necessity and not protection of the public.
Sec. 565. (1) From the funds appropriated in part 1 for
federally funded family preservation programs, the department shall
allocate $1,600,000.00 to Wayne County to provide home-based
programs as part of the county expansion of community-based
services to serve the county's adjudicated delinquent and abused
and neglected youth.
(2) Federal revenues shall be paid to Wayne County as
reimbursement for actual costs incurred, consistent with
established federal requirements.
(3) As a condition of receipt of federal funds pursuant to
subsection (1), Wayne County shall provide the department with a
plan for the use of allocated funds in a format to be specified by
the department. The county shall also provide the department with
all information required to demonstrate the appropriateness and
allowability of expenditures and to meet federal financial and
programmatic reporting requirements.
Sec. 566. (1) Beginning October 1, 2008, preference shall be
given in the provision of direct foster care services to public and
private agencies that are nationally accredited.
(2) Beginning October 1, 2007, the department shall not enter
into or maintain a contract with a for-profit child placing agency,
or with a nonprofit child placing agency that uses a for-profit
management group or contracts with a for-profit organization for
its management, to provide direct foster care services unless the
agency was licensed on or before August 1, 2007 and, if the agency
is a nonprofit child placing agency that uses a for-profit
management group or contracts with a for-profit organization for
its management, the contract with the for-profit group or
organization existed before August 1, 2007.
Sec. 568. (1) From the money appropriated in part 1 for child
welfare improvements, the department may allow the private sector
to compete for the money to achieve permanency placement for
children in foster care and prioritize funding for children in
foster care who have barriers to permanency placement.
(2) The department shall submit quarterly reports to the
legislature that include all of the following information on the
appropriation adjustments described in section 568(2) of 2007 PA
131 and those same appropriations adjustments in this act:
(a) The number of positions hired or paid from these
appropriations, what their titles and responsibilities will be,
what performance objectives and measurable outcomes they are
required to satisfy, and what they are being paid in salaries,
wages, and fringe benefits. If a community-based provider of
adoption services assumes an adoption case that was previously
handled by a public agency or worker, the time that the case was
handled by the public agency or worker shall not be counted in a
performance measure without the consent of the community-based
provider.
(b) Information on any contracts for services that have been
awarded and the performance objectives and measurable outcomes that
are incorporated in the contracts and the successes or failures
that are achieved as a result.
(c) Detailed information on any money spent for child welfare
improvements and what measurable outcome is expected for the money
being spent.
Sec. 569. The department shall establish and implement a new
policy for the payment of medical subsidies and reimbursements for
adopted children, mandating that medical subsidies only be made
available if the child is not eligible for MIChild or Medicaid and
if the child is not able to receive insurance benefits through his
or her adopted parents' health insurance.
Sec. 570. (1) 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.
(2) The department shall report during the annual budget
presentation to the senate and house appropriations subcommittees
on the department budget the number of guardianship subsidies and
recommendations for any modifications in the guardianship
assistance program.
Sec. 574. (1) From the money appropriated in part 1 for foster
care payments, $1,250,000.00 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. 575. (1) Of the money provided for the training of human
services workers, particularly caseworkers, the department shall
use appropriated money to begin cultural sensitivity training and
awareness with the goal of effectively reducing the number of
minority children inappropriately removed from their homes for
neglect and placed in the foster care system when more appropriate
action would include the provision of support services to the
family.
(2) Of the money appropriated to the department for family
preservation and prevention, more specific focus shall be placed on
preserving and reunifying families.
(3) As a condition for receiving appropriated money, the
department and the office of the friend of the court shall work in
cooperation to provide support services to families of custodial
parents who have been awarded child support from a parent who is
incarcerated.
Sec. 577. From the money appropriated in part 1, the
department may allow a community collaborative to use strong
families safe children program funds for a prevention program that
meets standards agreed upon between the community collaborative and
county department offices in accordance with federal regulations
regarding expenditure of strong families safe children program
funds.
Sec. 578. 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 what services are
to be provided to 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 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
number of individuals participating as foster parents during the
previous fiscal year who dropped out of the program. The report
shall also provide explanatory data on the primary reasons that
foster parents chose to leave the program.
Sec. 585. The department shall allow private nationally
accredited foster care and adoption agencies to conduct their own
staff training, based on current department policies and
procedures, provided that the agency trainer and training materials
are accredited by the department and that the agency documents to
the department that the training was provided. The department shall
provide access to any training materials requested by the private
agencies to facilitate this training.
Sec. 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.
Sec. 590. Because of new rules implemented at the Michigan
children's institute that allow an increased number of staff to
confirm adoptions, the length of time a child will spend in the
foster care system is expected to decline by up to 7 months on
average per case. Savings shall be reflected in the foster care
payments line item.
PUBLIC ASSISTANCE
Sec. 601. (1) The department may terminate a vendor payment
for shelter upon written notice from the appropriate local unit of
government that a recipient's rental unit is not in compliance with
applicable local housing codes or when the landlord is delinquent
on property tax payments. A landlord shall be considered to be in
compliance with local housing codes when the department receives
from the landlord a signed statement stating that the rental unit
is in compliance with local housing codes and that statement is not
contradicted by the recipient and the local housing authority. The
department shall terminate vendor payments if a taxing authority
notifies the department that taxes are delinquent.
(2) Whenever a client agrees to the release of his or her name
and address to the local housing authority, the department shall
request from the local housing authority information regarding
whether the housing unit for which vendoring has been requested
meets applicable local housing codes. Vendoring shall be terminated
for those units that the local authority indicates in writing do
not meet local housing codes until such time as the local authority
indicates in writing that local housing codes have been met.
(3) In order to participate in the rent vendoring programs of
the department, a landlord shall cooperate in weatherization and
conservation efforts directed by the department or by an energy
provider participating in an agreement with the department when the
landlord's property has been identified as needing services.
Sec. 603. (1) The department, as it determines is appropriate,
shall enter into agreements with energy providers by which cash
assistance recipients and the energy providers agree to permit the
department to make direct payments to the energy providers on
behalf of the recipient. The payments may include heat and electric
payment requirements from recipient grants and amounts in excess of
the payment requirements.
(2) The department shall establish caps for natural gas, wood,
electric heat service, deliverable fuel heat services, and for
electric service based on available federal funds.
(3) The department shall review and adjust the standard
utility allowance for the state food assistance program to ensure
that it reflects current energy costs in the state.
(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.
(2) Applicants for and recipients of the state disability
assistance program shall be considered needy if they:
(a) Meet the same asset test as the federal supplemental
social security income 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) SER payments shall not be made to individuals who have
been found guilty of fraud in regard to obtaining public
assistance.
(4) SER assistance shall not be made available to persons who
are out-of-state residents or illegal immigrants.
Sec. 613. (1) The department shall provide reimbursements for
indigent burial in instances where the deceased's remains have not
been claimed and there are no known living relatives. The maximum
allowable reimbursement for an indigent burial shall be $800.00. In
addition, a cremation fee of $75.00 and reimbursement for mileage
will also be made available for an eligible burial.
(2) From the money appropriated in part 1 for indigent burial,
the department may work with funeral directors to establish a
regional or statewide pilot program that would include the
following elements:
(a) The project shall provide funding only for the direct
cremation of bodies of indigent persons that are not claimed by a
person who has the right to control the disposition of the body.
(b) The payment to a funeral director for these services shall
be $800.00 plus mileage reimbursement for transportation costs at
the standard rate established by the department of technology,
management, and budget for travel reimbursement for nonstate
vehicles and the cost of the cremation permit.
(c) The department may deviate from the payment limits
established in subsection (1) in making payments under the program.
(d) The department shall forward a copy of the program to the
senate and house of representatives appropriations subcommittees
with jurisdiction over the department budget.
(3) The reimbursements under this section shall be used for
cremation unless the individual's religion 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. 617. In operating the family independence program with
funds appropriated in part 1, the department shall not approve as a
minor parent's adult supervised household a living arrangement in
which the minor parent lives with his or her partner as the
supervising adult.
Sec. 618. The department may only reduce, terminate, or
suspend assistance provided under the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, without prior notice in 1 or more of
the following situations:
(a) The only eligible recipient has died.
(b) A recipient member of a program group or family
independence assistance group has died.
(c) A recipient child is removed from his or her family home
by court action.
(d) A recipient requests in writing that his or her assistance
be reduced, terminated, or suspended.
(e) A recipient has been approved to receive assistance in
another state.
(f) A change in either state or federal law that requires
automatic grant adjustments for classes of recipients.
(g) The only eligible recipient in the household has been
incarcerated.
(h) A recipient is no longer a Michigan resident.
(i) A recipient is closed on 1 case to be activated on
another.
(j) Federal payments (other than RSDI, railroad retirement, or
VA) to the group have begun or increased.
(k) A recipient is disqualified for intentional program
violation.
(l) When the department's negative action is upheld in an
administrative hearing.
Sec. 619. The department shall exempt from the denial of title
IV-A assistance and food assistance benefits, contained in 21 USC
862a, any individual who has been convicted of a felony that
included the possession, use, or distribution of a controlled
substance, after August 22, 1996, provided that the individual is
not in violation of his or her probation or parole requirements.
Benefits shall be provided to such individuals as follows:
(a) A third-party payee or vendor shall be required for any
cash benefits provided.
(b) An authorized representative shall be required for food
assistance receipt.
Sec. 620. The department shall privatize the eligibility
determination for medicaid applications in a competitive bidding
process. The private contract shall be implemented no later than
October 1, 2012.
Sec. 631. The department shall maintain policies and
procedures to achieve all of the following:
(a) The identification of individuals on entry into the system
who have a history of domestic violence, while maintaining the
confidentiality of that information.
(b) Referral of persons so identified to counseling and
supportive services.
(c) In accordance with a determination of good cause, the
waiving of certain requirements of family independence programs
where compliance with those requirements would make it more
difficult for the individual to escape domestic violence or would
unfairly penalize individuals who have been victims of domestic
violence or who are at risk of further domestic violence.
Sec. 635. Within 24 hours of receiving all information
necessary to process an application for payments for child
development and care, the department shall determine whether the
child care provider to whom the payments, if approved, would be
made, is listed on the child abuse and neglect central registry. If
the provider is listed on the central registry, the department
shall immediately send written notice denying the applicant's
request for child development and care payments.
Sec. 640. (1) The department shall establish an exclusive
contract with Michigan works agencies to carry out job placement
and other activities for recipients of family independence program
(FIP) assistance.
(2) The department shall cease to contract the work
requirement activities to the JET program.
(3) The department shall implement the following new penalties
on FIP recipients for noncompliance with the work requirements:
(a) The first instance of noncompliance will result in
suspension from FIP for 6 months.
(b) The second instance of noncompliance shall result in
suspension from FIP for 12 months.
(c) The third instance of noncompliance shall result in
suspension from FIP for 3 years.
Sec. 643. As a condition of receipt of federal TANF funds,
homeless shelters and human services agencies shall collaborate
with the department to obtain necessary TANF eligibility
information on families as soon as possible after admitting a
family to the homeless shelter. From the funds appropriated in part
1 for homeless programs, the department is authorized to make
allocations of TANF funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. Homeless shelters or human
services agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements will not receive reimbursements which exceed the per
diem amount they received in fiscal year 2000. The use of TANF
funds under this section should not be considered an ongoing
commitment of funding.
Sec. 645. An individual or family is considered homeless, for
purposes of eligibility for state emergency relief, if living
temporarily with others in order to escape domestic violence. For
purposes of this section, domestic violence is defined and verified
in the same manner as in the department's policies on good cause
for not cooperating with child support and paternity requirements.
Sec. 653. From the funds appropriated in part 1 for food
assistance, an individual who is the victim of domestic violence
and does not qualify for any other exemption may be exempt from the
3-month in 36-month limit on receiving food assistance under 7 USC
2015. This exemption can be extended an additional 3 months upon
demonstration of continuing need.
Sec. 660. From the funds appropriated in part 1 for food bank
funding, the department is authorized to make allocations of TANF
funds only to the agencies that report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements. The agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements will not receive allocations in excess of those
received in fiscal year 2000. The use of TANF funds under this
section should not be considered an ongoing commitment of funding.
Sec. 665. The department shall partner with the department of
transportation and may partner with other entities to use TANF and
other sources of available funding to support public transportation
needs of TANF-eligible individuals. This partnership shall place a
priority on transportation needs for employment or seeking
employment or medical or health-related transportation.
Sec. 666. The department shall continue efforts to increase
the participation of eligible family independence program
recipients in the federal earned income tax credit.
Sec. 669. (1) The department shall distribute cash and food
assistance to recipients electronically by using debit or
purchasing cards.
(2) The department shall allocate up to $12,551,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children as defined by the department.
(3) The department shall distribute the clothing allowance
under this section via clothing purchase cards for Salvation Army,
Goodwill, or Volunteers of America stores, faith-based resale
shops, or other retailers for the purchase of shoes and clothing
only. The department shall work with major retailers to negotiate a
discount on those clothing items purchased with the allowance in
order to get the best deal for the recipients.
(4) Recipients of the clothing purchase cards described in
this section shall have up to 1 year to redeem the cards, after
which time the authorization shall be returned to the department.
(5) Clothing and shoes purchased with the clothing purchase
cards referenced in subsection (3) shall not be returnable for
cash.
Sec. 670. (1) The department shall develop a plan to reduce
child development and care expenditures for the current fiscal year
by a sufficient amount to offset $36,500,000.00 in expenditures
from the general fund. The reductions may be achieved through
reductions in program eligibility, reimbursable hours, or
reimbursement rates.
(2) The department shall report the details of its child
development and care expenditure reduction plan to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget director by
October 1, 2011.
Sec. 672. (1) The department 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.
(3) Payments for rent assistance shall be distributed directly
to landlords and shall not be added to Michigan bridge cards.
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.
Sec. 674. (1) The department shall continue administrative
efforts to reduce waste, fraud, and abuse within the child
development and care program. Beginning December 31 of the current
fiscal year, the department shall report annually to the senate and
house appropriations subcommittees for the department budget, the
senate and house fiscal agencies and policy offices, and the state
budget director on the estimated impact of efforts to reduce
inappropriate payments through the child development and care
program.
(2) The department shall contract with a private entity to
utilize information technology or other methods of management and
oversight of child development and care payments to ensure that
payments made through the child development and care program are
accurate and appropriate.
Sec. 675. (1) The department shall establish a 1-time basic
training requirement for all enrolled child development and care
aides and relative care providers. All enrolled providers will be
required to complete the basic training requirement in order to be
eligible for state child development and care reimbursement
payments.
(2) The department shall ensure that additional annual
training beyond the basic training requirement is available for
enrolled providers and shall make enhanced reimbursement payments
to enrolled providers who complete at least 10 hours of optional
annual training as outlined in subsection (3).
(3) From the money appropriated in part 1 for licensed and
registered child development and care and enrolled child
development and care, the department shall make payments to child
care providers in accordance with the provisions of this
subsection. The maximum hourly rates paid to child care providers
shall vary depending upon provider type and the age of the child in
care as outlined below:
(a) For children up to 2-1/2 years old, the maximum hourly
rate, including the infant and toddler incentive, shall be as
follows:
(i) For child care centers, $3.75.
(ii) For family child care homes and group child care homes,
$2.90.
(iii) For enrolled providers who complete 10 hours of annual
training, $2.20.
(iv) For enrolled providers who do not complete 10 hours of
annual training, $1.85.
(b) For children over the age of 2-1/2 years, the maximum
hourly rate shall be as follows:
(i) For child care centers, $2.50.
(ii) For family child care homes and group child care homes,
$2.40.
(iii) For enrolled providers who complete 10 hours of annual
training, $1.85.
(iv) For enrolled providers who do not complete 10 hours of
annual training, $1.35.
(4) The department shall establish policies and rules for
determining eligibility for the enhanced reimbursement payments to
enrolled providers who complete 10 hours of annual training and
shall ensure that the policies and rules are communicated to all
enrolled providers that receive state reimbursement payments.
Sec. 680. (1) The department shall allocate $6,000,000.00 to
the local great start collaborative offices for general operations
and program support. The department shall make an additional
$1,600,000.00 available for training and professional development
activities.
(2) Each great start collaborative shall submit an annual
report to the department on the previous fiscal year activities no
later than December 1 of the current fiscal year. Reports are
required to include activities funded and expenditures.
Sec. 681. (1) The department shall develop and implement a
policy with the Michigan works agencies (MWA) that allows either
organization to apply sanctions to recipients of family
independence program assistance who are not in compliance with
their work requirements without approval of the other
organizations.
(2) If either the department or the MWA determines that an
individual is not in compliance, both parties shall implement a
sanction against the individual that prohibits his or her
participation from both FIP and MWA for the duration of the
sanction.
(3) The department and MWA shall implement sanctions on
assistance for noncompliance for 6 months for the first instance,
12 months for the second, and 3 years for the third.
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 explore changes in program policies
to ensure that caseworkers confirm the address provided by any
individual seeking family independence program benefits or state
disability assistance benefits.
(3) The department shall explore changes in program policy
that would ensure that individuals with property assets assessed at
a value higher than $500,000.00 would not be able to access
assistance through department-administered programs.
(4) The department shall modify program policy to ensure that
caseworkers request 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. 688. The department in conjunction with Michigan works!
shall examine and report on the incidence of reported barriers
among families terminated from the family independence program
because of noncompliance with work-related requirements. The report
shall be submitted 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
director by April 1 of the current fiscal year.
Sec. 690. The department shall permit each local field office
to allow up to 15 2-month deferrals from the work requirement to
receive assistance per year for homeless individuals.
Sec. 691. The department shall not distribute public
assistance or subsidies to the parent or parents of school-age
children if that parent or those parents have not signed a parent,
student, teacher compact outlining the role of each party in the
educational success of the student as required by the federal no
child left behind act of 2001, Public Law 107-110.
Sec. 695. The funds appropriated in part 1 for food assistance
program benefits (ARRA) that are financed by federal funds
designated as ARRA funding represent federal funds associated with
the American recovery and reinvestment act of 2009, Public Law 111-
5. These federal funds are temporary in nature.
Sec. 696. From the money appropriated in part 1, the
department shall allocate $100.00 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. 705. (1) The department, in conjunction with private
juvenile justice residential programs, shall develop a methodology
for measuring goals, objectives, and performance standards for the
delivery of juvenile justice residential programs based on national
standards and best practices. The department will provide a unified
data collection mechanism to ensure consistent reporting of
aggregate case information from the courts. These goals,
objectives, and performance standards shall apply to both public
and private delivery of juvenile justice residential programs, and
data shall be collected from both private and public juvenile
justice residential programs that can be used to evaluate
performance achievements, including, but not limited to, the
following:
(a) Admission and release data and other information related
to demographics of population served.
(b) Program descriptions and information related to treatment,
educational services, and conditions of confinement.
(c) Program outcomes including recidivism rates for youth
served by the facility.
(d) Trends in census and population demographics.
(e) Staff and resident safety.
(f) Facility profile.
(2) The department during the annual budget presentation shall
outline the progress of the development of the goals, objectives,
and performance standards, as well as the information collected
through the implementation of the performance measurement program.
The presentation shall include all of the following:
(a) Actual cost and actual days of care by facility for the
most recently completed fiscal year. This report shall also include
the actual number of youth served as well as demographic
information.
(b) Actual cost per day per youth by facility for the most
recently completed fiscal year.
(c) An analysis of the variance between the estimated cost and
days of care assumed in the original appropriation and the figures
in subdivisions (a) and (b).
(d) Both the number of authorized FTE positions for each
facility and the number of actual on-board FTE positions for the
most recently completed fiscal year.
Sec. 706. Counties shall be subject to 50% 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 shall 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, private providers and the
legislature.
Sec. 717. (1) The department shall contract 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. 720. (1) The department shall implement the
recommendations on a methodology for measuring goals, objectives,
and performance standards developed in conjunction with private
providers of juvenile justice residential programs required in
section 705 of 2004 PA 344.
(2) The department shall allocate money to public and private
providers of juvenile justice services based on their ability to
demonstrate results in all of the following:
(a) Lower recidivism rates.
(b) Higher school completion rates or GED completion rates.
(c) Shorter average stays in a residential facility.
(d) Lower average actual cost per resident.
(e) Availability of appropriate services to residents.
(3) The department shall comply with section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o, regarding placement
of juvenile offenders, and shall refer to that statutory
requirement in making referral recommendations to courts for secure
residential programs.
Sec. 721. The department shall report to the house and senate
appropriations subcommittees on the department budget by October 1
of the current fiscal year on the placement of juvenile offenders
who need services in community-based or privately operated
facilities.
Sec. 722. The county of Wayne shall reimburse private juvenile
justice placement agencies with which the county contracts at the
same rate as that paid to private agencies by the state.
Sec. 723. A private provider of juvenile services may receive
funding for both secure and nonsecure services if the provider has
appropriate services for each security level and adequate measures
to physically separate residents of each security level.
LOCAL OFFICE SERVICES
Sec. 750. (1) 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, nursing home, or hospital requests
that the program be discontinued at its facility.
(2) The department shall continue to develop and expand
opportunities for applicants for department assistance or services
to apply for the assistance or services over the Internet.
Sec. 753. The department shall implement the recommendations
of the 2004 public private partnership initiative's training
committee to define, design, and implement a train-the-trainer
program to certify private agency staff to deliver child welfare
staff training, explore the use of e-learning technologies, and
include consumers in the design and implementation of training. The
intent of the legislature is to reduce training and travel costs
for both the department and the private agencies. The department
shall report no later than December 1 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.
Sec. 755. From the money appropriated in part 1 within the
field staff, salaries and wages line item for 200 limited-term
eligibility full-time employees, the department shall inform all
employees hired with these funds that their employment is temporary
and should not be considered permanent. Any temporary employee
hired may be given preference by the department for hiring if a
suitable full-time permanent position becomes available within the
department.
Sec. 758. The department shall make nursing homes eligible to
receive donated funds positions.
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. 907. The office of child support in cooperation with the
state court administrative office shall establish a pilot program
to examine the effectiveness of contracting with a public or
private collection agency as authorized under section 10 of the
office of child support act, 1971 PA 174, MCL 400.240. The pilot
program shall be implemented during the current fiscal year. Any
restricted revenue collected pursuant to this section shall not be
expended until the department and representatives from counties and
the friends of the court meet and agree upon recommendations for
use of the revenue. The revenue is subject to appropriation by the
legislature.
Sec. 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.
(3) Payments to counties participating in projects pursuant to
section 907 shall be reduced by the amount paid to the vendor. This
authorization adjustment shall be made upon notification of the
chairs of the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the
state budget director.
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).
Sec. 912. (1) The department shall permit a nongovernmental
employer to charge a $2.00 administrative service fee per pay
period to an employee who has child support payments withheld from
the employee's income for that pay period. This fee is intended to
offset some of the administrative costs and burdens associated with
processing the child support payments through the employer's
payroll system.
(2) A $2.00 fee charged under subsection (1) shall be deducted
directly from the employee's paycheck.
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 1101. Not later than September 30 of each year, the
department shall submit for public hearing to the chairpersons of
the house and senate appropriations subcommittees dealing with
appropriations for the department budget the proposed use and
distribution plan for community services block grant funds
appropriated in part 1 for the succeeding fiscal year.
Sec. 1103. (1) The department shall transfer the management,
funding, and authority of all state emergency relief activities,
low-income energy and heating program activities, and
weatherization to the community action agencies by October 1, 2011.
(2) By October 1, 2011, the department shall develop and
implement a policy for the distribution of the activities in this
section that is applicable to all community action agencies.
(3) The department shall provide a report on the new policy
implemented under this section by October 1, 2011.
Sec. 1105. The department shall report quarterly 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, May 1, August
1, and November 1 of each fiscal year on the number of homes
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. The January 2012 consensus revenue estimating
conference shall include estimates for fiscal year 2011-2012,
fiscal year 2012-2013, and fiscal year 2013-2014 for the following:
(a) State revenue.
(b) Prison population and correction expenditures.
(c) Annual percentage growth in the school aid basic
foundation allowance.
(d) Medicaid expenditures.
(e) Human service caseloads and expenditures.