SB-1231, As Passed House, December 20, 2018

SB-1231, As Passed Senate, December 6, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1231

 

 

November 28, 2018, Introduced by Senator MACGREGOR and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1974 PA 150, entitled

 

"Youth rehabilitation services act,"

 

by amending section 5 (MCL 803.305), as amended by 2014 PA 521.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) Except as provided in subsections (3) to (5), and

 

(4), the county from which the public ward is committed is liable

 

to the state for 50% of the cost of his or her care, but this

 

amount may be reduced by the use of funds from the annual original

 

foster care grant of the state to the county, or otherwise, for any

 

period in respect to which the department has made a finding that

 

the county is unable to bear 50% of the cost of care. If the

 

department reduces a county's liability under this section, the

 

director shall inform the respective chairpersons of the

 

appropriations committees of the senate and house of

 

representatives at least 14 days before granting the reduction. The

 

county of residence of the public ward is liable to the state,

 

rather than the county from which the youth was committed, if the

 

juvenile division of the probate court or the family division of

 

circuit court of the county of residence withheld consent to a

 

transfer of proceedings under section 2 of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.2, as determined by the

 

department. The finding that the county is unable to bear 50% of

 

the expense shall be based on a study of the financial resources

 

and necessary expenditures of the county made by the department.

 

     (2) Except as provided in subsection (5), (4), the department

 

shall determine the cost of care on a per diem basis using the

 

initial annual allotment of appropriations for the current fiscal

 

year exclusive of capital outlay and the projected occupancy

 

figures upon which that allotment was based. That cost of care

 

applies in determining required reimbursement to the state for care

 

provided during the calendar year immediately following the

 

beginning of the current fiscal year for which the state

 

expenditures were allotted.

 

     (3) Except as provided in subsections (4) and (5), subsection

 

(4), a county that is a county juvenile agency is liable for the

 

entire cost of a public ward's care while he or she is committed to

 

the county juvenile agency.

 

     (4) Notwithstanding the provisions in subsection (1) and

 

subject to appropriations, in a county with a population of not

 

less than 575,000 or more than 650,000, for the purpose of this

 

subsection only for cases transferred by the department to a child

placing agency, the department shall pay 100% of the administrative

 

rate to providers responsible for foster care case management

 

services to families of children who are court-ordered into foster

 

care due to abuse or neglect and placed in the care and supervision

 

of the department, regardless of placement setting until the

 

prospective payment system described in subsection (5) is

 

implemented. This subsection does not apply after May 1, 2018.

 

     (4) (5) Notwithstanding the provisions in subsections (1) and

 

(2) and subject to appropriations, the department shall implement a

 

prospective payment system as part of a state-administered

 

performance-based child welfare system in a county with a

 

population of not less than 575,000 or more than 650,000, 750,000,

 

for foster care case management in accordance with section 503 of

 

article X of 2014 PA 252. The county is only required to contribute

 

to foster care services payments in an amount that does not exceed

 

the average of the annual net contribution made by the county for

 

cases received under section 2(b) of chapter XIIA of the probate

 

code of 1939, 1939 PA 288, MCL 712A.2, in the 5 previous fiscal

 

years before October 1, 2015. The prospective payment system as

 

part of the state-administered performance-based child welfare

 

system shall be implemented as described in this subsection but

 

shall not include in-home care service funding. This subsection

 

does not apply after May 1, 2018.

 

     (5) (6) Subsections (4) and (5) only impact Subsection (4)

 

only impacts abuse and neglect services and not juvenile justice

 

program funding. This subsection does not apply after May 1, 2018.

 

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.