February 12, 2008, Introduced by Reps. Spade, Stahl, Lahti, Clemente, Booher, Shaffer, Polidori and Jackson 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 1998 PA 517.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Except as provided in subsection (3), 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 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)
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.
(2) The legislature shall determine the cost of care by
dividing the amount obtained under subdivision (a) by the number of
days determined under subdivision (b) as follows:
(a) Add the initial appropriation for the facilities to an
allocation from the appropriation for juvenile justice field staff,
administration, and maintenance, and subtract amounts for
applicable federal meal reimbursements.
(b) The projected days of care as determined by the
legislature in consultation with the department.
(3) 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.