SENATE BILL NO. 1185 June 4, 1998, Introduced by Senator CISKY and referred to the Committee on Families, Mental Health and Human Services.A bill to allow counties to authorize acceptance of certain juveniles committed to their care and responsibility; to pre- scribe the procedure and effect of that authorization; and to prescribe powers, duties, and obligations of those counties. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "county juvenile agency act". 3 Sec. 2. As used in this act: 4 (a) "County juvenile agency" means a county that has 5 approved a resolution in accordance with section 3. 6 (b) "County juvenile agency services" means that term as 7 defined in section 117a of the social welfare act, 1939 PA 280, 8 MCL 400.117a. 9 (c) "Juvenile" means an individual who is any of the 10 following: S03598'97 a *** JOJ 2 1 (i) Within or likely to come within the jurisdiction of the 2 court for the county under section 2(a) or (d) of chapter XIIA of 3 1939 PA 288, MCL 712A.2. 4 (ii) Within the jurisdiction of the circuit court in the 5 county under section 606 of the revised judicature act of 1961, 6 1961 PA 236, MCL 600.606. 7 (d) "Juvenile justice service" means that term as defined in 8 section 117a of the social welfare act, 1939 PA 280, MCL 9 400.117a. 10 (e) "Public ward" means that term as defined in section 2 of 11 the youth rehabilitation services act, 1974 PA 150, MCL 803.302. 12 Sec. 3. (1) A majority of the board of commissioners of a 13 county may approve a resolution authorizing the county to become 14 a county juvenile agency. 15 (2) Subject to subsection (3), the county shall become a 16 county juvenile agency on October 1 following adoption of the 17 resolution. 18 (3) A resolution under this section is not effective until 19 the county and the state enter into a written agreement contain- 20 ing all of the following: 21 (a) Outcome criteria and reporting requirements necessary to 22 comply with all applicable federal regulations. 23 (b) An agreement that any federal penalty related to the 24 county juvenile agency's failure to meet the outcome criteria and 25 reporting requirements necessary to comply with applicable fed- 26 eral regulations are the county's obligation. S03598'97 a *** 3 1 (c) Authorization for the state to offset the federal 2 penalties described in subdivision (b) against amounts due to the 3 county from distributions of the county block grant authorized 4 under section 117a(4)(b) of the social welfare act, 1939 PA 280, 5 MCL 400.117a. 6 Sec. 4. (1) A majority of the board of commissioners who 7 approved a resolution under section 3 may revoke it by a subse- 8 quent resolution adopted before December 31. 9 (2) Except as otherwise provided, revocation is effective 10 October 1 of the next year. If a county revokes authorization 11 within 5 years after it becomes a county juvenile agency under 12 section 4, the revocation is not effective until the earlier of 13 the following: 14 (a) October 1 of the fifth year after the year in which the 15 county became a county juvenile agency. 16 (b) October 1 of the state fiscal year for which the state 17 fails to appropriate the amount required to be distributed to the 18 county under the social welfare act, 1939 PA 280, MCL 400.1 to 19 400.119b, and for which a loan has not been authorized for the 20 deficiency under the emergency municipal loan act, 1980 PA 243, 21 MCL 141.931 to 141.942, on terms acceptable to the county. 22 (3) The county shall cease to be a county juvenile agency on 23 the effective date of the resolution. 24 Sec. 5. (1) The board of commissioners of a county that has 25 adopted a charter under 1966 PA 293, MCL 45.501 to 45.521, shall 26 not proceed under section 4 or 5 unless requested by the county 27 executive or chief administrative officer. S03598'97 a *** 4 1 (2) The board of commissioners of a county that has adopted 2 an optional unified form of county government under 1973 PA 139, 3 MCL 45.551 to 45.573, shall not proceed under section 4 or 5 4 unless requested by the county executive or county manager. 5 Sec. 6. This act does not apply to a county unless that 6 county is eligible for a transfer of title IV-E funds from the 7 state under the waiver granted in 1998 by the United States 8 department of health and human services for part 3 of the family 9 independence agency's request under the child welfare demonstra- 10 tion project. 11 Sec. 7. (1) A county juvenile agency shall provide or con- 12 tract for provision of all of the following: 13 (a) An effective program of supervision and care for juve- 14 niles committed to the county juvenile agency by the family divi- 15 sion of circuit court or court of general criminal jurisdiction. 16 (b) Appropriate county juvenile agency services. 17 (c) Appropriate services and facilities necessary for public 18 wards it is responsible for. 19 (2) A county juvenile agency may do any of the following: 20 (a) Operate training schools or programs, halfway houses, 21 youth camps, diagnostic centers, detention facilities, short-term 22 treatment centers, group homes, or other facilities. 23 (b) Provide institutional care, boarding care, halfway house 24 care, supervision in the community, or other juvenile programs or 25 services. 26 (c) Obtain appropriate services from state, local, or 27 private agencies. S03598'97 a *** 5 1 (d) Provide appropriate juvenile justice services to any 2 juvenile. 3 (3) A county juvenile agency shall pay the providers of 4 services or materials for which it has contracted within 45 days 5 after receiving approved vouchers. 6 (4) A county juvenile agency may negotiate with providers 7 for prepayment contract clauses that do not exceed 33%. 8 (5) If 1 or more appropriate juvenile residential care pro- 9 viders located or doing business in this state have bed space 10 available, a county juvenile agency shall use that space rather 11 than a space available by a provider located or doing business in 12 another state. This requirement does not apply if the provider 13 located or doing business in another state offers a program that 14 is not available in this state. 15 Sec. 8. Unless a county juvenile agency has negotiated a 16 prepayment contract clause as provided in section 7, payments for 17 residential care services made from proceeds of a loan made under 18 section 3(2)(b) or (3) of the emergency municipal loan act, 1980 19 PA 243, MCL 141.933, shall be not less than 1/3 of the antici- 20 pated total cost when care is first provided, not less than 1/3 21 of the anticipated total cost when 1/2 of the care is provided, 22 and the balance owed when care is completed. 23 Sec. 9. An annual audit shall be conducted of all state 24 money expended by a county for programs under this act as a 25 county juvenile agency. 26 Sec. 10. When a county becomes a county juvenile agency as 27 provided in section 3, public wards and juveniles transferred to S03598'97 a *** 6 1 the county juvenile agency's responsibility shall remain in their 2 existing placements, under the same terms and conditions, until 3 the court approves a change in placement. 4 Sec. 11. A county becoming a county juvenile agency in 5 accordance with this act does not affect existing agreements 6 between the family independence agency and private providers, 7 which are guaranteed enforceable at the per diem rates as of 8 October 1, 1997. 9 Enacting section 1. This act does not take effect unless 10 all of the following bills of the 89th Legislature are enacted 11 into law: 12 (a) Senate Bill No. 1183. 13 14 (b) Senate Bill No. 1184. 15 16 (c) Senate Bill No. 1186. 17 18 (d) Senate Bill No. 1187. 19 20 (e) Senate Bill No. 1196. 21 22 (f) Senate Bill No. 1197. 23 S03598'97 a *** Final page. JOJ