HB-5882, As Passed House, June 10, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 5882
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, 2011; 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; 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
House Bill No. 5882 (H-2) as amended June 10, 2010
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, 2011, 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....... 11,984.5
Full-time equated unclassified positions.......... 6.0
Total full-time equated positions............ 11,990.5
GROSS APPROPRIATION.................................... $ [7,015,163,800]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,130,300
ADJUSTED GROSS APPROPRIATION........................... $ [7,014,033,500]
Federal revenues:
Federal - FMAP stimulus................................ 13,467,500
Federal - supplemental nutrition assistance revenues
(ARRA)............................................... 566,785,600
Federal - emergency TANF contingency fund revenues
(ARRA)............................................... 232,539,200
Federal - transitional supportive housing revenues
(ARRA)............................................... 2,000,000
Federal - faith-based grant revenues (ARRA)............ 250,000
Federal - child care and development block grant
(ARRA)............................................... 1,960,600
Total other federal revenues........................... [5,152,220,000]
House Bill No. 5882 (H-2) as amended June 10, 2010
Special revenue funds:
Total private revenues................................. 9,491,500
Total local revenues................................... [40,864,200]
Total other state restricted revenues.................. 58,219,700
State general fund/general purpose..................... $ [936,235,200]
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 631.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 625.7
Unclassified salaries--6.0 FTE positions............... $ 647,900
Salaries and wages--274.7 FTE positions................ 17,670,800
Contractual services, supplies, and materials.......... 10,148,500
Demonstration projects--9.0 FTE positions.............. 9,392,100
Inspector general salaries and wages--99.0 FTE
positions............................................ 6,044,000
Electronic benefit transfer EBT........................ 13,009,000
Michigan community service commission--15.0 FTE
positions............................................ 9,159,100
AFC, children's welfare and day care licensure--228.0
FTE positions........................................ 24,672,500
State office of administrative hearings and rules...... 5,808,000
GROSS APPROPRIATION.................................... $ 96,551,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 63,316,000
Special revenue funds:
Total private revenues................................. 3,211,100
Total local revenues................................... 175,000
Total other state restricted revenues.................. 25,000
State general fund/general purpose..................... $ 29,824,800
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 198.7
Child support enforcement operations--192.7 FTE
positions............................................ $ 23,845,100
Legal support contracts................................ 138,753,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 17,554,400
GROSS APPROPRIATION.................................... $ 212,562,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 195,849,800
Special revenue funds:
Total local revenues................................... 340,000
Total other state restricted revenues.................. 770,000
State general fund/general purpose..................... $ 15,602,900
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 20.0
Bureau of community action and economic opportunity
operations--20.0 FTE positions....................... $ 2,327,900
Community services block grants........................ 25,650,000
Weatherization assistance.............................. 27,400,000
GROSS APPROPRIATION.................................... $ 55,377,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 55,377,900
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions........... 44.7
Executive direction and support--5.0 FTE positions..... $ 551,100
Guardian contract...................................... 600,000
Adult services policy and administration--6.0 FTE
positions............................................ 663,300
Office of program policy--33.7 FTE positions........... 5,570,500
Employment and training support services............... 14,735,000
JET plus............................................... 20,000,000
Wage employment verification reporting................. 848,700
Urban and rural empowerment/enterprise zones........... 100
Nutrition education.................................... 30,000,000
Crisis prevention and elder law of Michigan food for
the elderly project.................................. 100,000
GROSS APPROPRIATION.................................... $ 73,068,700
Appropriated from:
Federal revenues:
Federal - emergency TANF contingency fund revenues
(ARRA)............................................... 24,823,000
Total federal revenues................................. 43,252,500
Special revenue funds:
Total private revenues................................. 25,000
State general fund/general purpose..................... $ 4,968,200
Sec. 106. CHILDREN'S SERVICES
Full-time equated classified positions.......... 131.8
Salaries and wages--44.2 FTE positions................. $ 3,115,800
Contractual services, supplies, and materials.......... 875,900
Interstate compact..................................... 231,600
Children's benefit fund donations...................... 21,000
Families first......................................... 18,450,700
Strong families/safe children--3.0 FTE positions....... 16,580,600
Child protection and permanency--37.5 FTE positions.... 19,030,900
Zero to three.......................................... 3,843,800
Family reunification program........................... 3,977,100
Family preservation and prevention services
administration--14.5 FTE positions................... 2,121,900
Children's trust fund administration--12.0 FTE
positions............................................ 1,055,400
Children's trust fund grants........................... 3,825,100
ECIC, early childhood investment corporation........... 14,623,000
Attorney general contract.............................. 3,559,000
Prosecuting attorney contracts......................... 2,561,700
Child protection--5.0 FTE positions.................... 838,300
Domestic violence prevention and treatment--14.6 FTE
positions............................................ 14,871,200
Rape prevention and services--0.5 FTE positions........ 3,300,000
Transitional supportive housing (ARRA)................. 2,000,000
Child advocacy centers--0.5 FTE positions.............. 1,000,000
Child care fund in-home care incentive program......... 5,000,000
GROSS APPROPRIATION.................................... $ 120,883,000
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Federal - child care and development block grant
(ARRA)............................................... 1,960,600
Federal - transitional supportive housing revenues
(ARRA)............................................... 2,000,000
Total other federal revenues........................... 104,756,300
Special revenue funds:
Private - children's benefit fund donations............ 21,000
Compulsive gaming prevention fund...................... 1,040,000
Sexual assault victims' prevention and treatment fund.. 1,000,000
Child advocacy centers fund............................ 1,000,000
Children's trust fund.................................. 3,824,100
State general fund/general purpose..................... $ 5,281,000
Sec. 107. CHILDREN'S RIGHTS SETTLEMENT
Full-time equated classified positions........ 3,494.0
Children's services administration--49.0 FTE positions. $ 3,730,100
Title IV-E compliance and accountability office--5.0
FTE positions........................................ 429,800
Child welfare institute--40.0 FTE positions............ 6,631,100
Child protective services workers--1,481.0 FTE
positions............................................ 71,350,000
Direct care workers--958.0 FTE positions............... 53,126,000
Education planners--14.0 FTE positions................. 745,800
Permanency planning conference coordinators--55.0 FTE
positions............................................ 2,329,800
Child welfare first line supervisors--519.0 FTE
positions............................................ 27,922,400
House Bill No. 5882 (H-2) as amended June 10, 2010
Administrative support workers--241.0 FTE positions.... 12,419,700
Second line supervisors and technical staff--45.0 FTE
positions............................................ 3,197,300
Permanency planning specialists--62.0 FTE positions.... 2,436,800
POS contract monitoring unit--10.0 FTE positions....... 582,200
Contractual services, supplies, and materials.......... 5,601,100
Settlement monitor..................................... 1,625,800
Needs assessment....................................... 100
Foster care payments................................... [179,154,200]
Foster care - children with serious emotional
disturbance waiver................................... 1,769,000
Guardianship assistance program........................ 4,773,000
Child care fund........................................ [221,947,700]
Child care fund administration--5.8 FTE positions...... 806,000
Adoption subsidies..................................... 230,783,700
Adoption support services--7.2 FTE positions........... 33,572,900
Youth in transition--2.0 FTE positions................. 18,349,900
GROSS APPROPRIATION.................................... $ [883,284,400]
Appropriated from:
Federal revenues:
Federal - FMAP stimulus................................ 12,602,800
Total other federal revenues........................... [491,296,700]
Special revenue funds:
Private - collections.................................. 2,300,000
Local funds - county chargeback........................ [25,538,600]
State general fund/general purpose..................... $ [351,546,300]
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 230.7
W.J. Maxey training school--95.0 FTE positions......... $ 13,268,200
Bay pines center--49.0 FTE positions................... 5,611,800
Shawono center--48.0 FTE positions..................... 5,424,500
County juvenile officers............................... 3,904,300
Community support services--2.0 FTE positions.......... 1,400,700
Juvenile justice administration and maintenance--31.7
FTE positions........................................ 4,431,800
W.J. Maxey memorial fund............................... 45,000
Juvenile accountability incentive block grant--1.0 FTE
positions............................................ 1,306,600
Committee on juvenile justice administration--4.0 FTE
positions............................................ 547,600
Committee on juvenile justice grants................... 5,000,000
GROSS APPROPRIATION.................................... $ 40,940,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,185,200
Special revenue funds:
Total private revenues................................. 45,000
Local funds - state share education funds.............. 1,526,200
Local funds - county chargeback........................ 10,641,200
State general fund/general purpose..................... $ 19,542,900
Sec. 109. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 6,464.5
Field staff, salaries and wages--6,173.5 FTE positions. $ 335,691,700
Limited-term field staff, salaries and wages--100.0
FTE positions........................................ 2,171,100
Contractual services, supplies, and materials.......... 13,723,800
Medical/psychiatric evaluations........................ 6,831,900
Donated funds positions--156.0 FTE positions........... 12,862,900
Training and program support--23.0 FTE positions....... 3,297,900
Wayne County gifts and bequests........................ 100,000
Volunteer services and reimbursement................... 1,294,900
Volunteer services and reimbursement (ARRA)--2.0 FTE
positions............................................ 250,000
SSI advocates--10.0 FTE positions...................... 1,253,700
GROSS APPROPRIATION.................................... $ 377,477,900
Appropriated from:
Federal revenues:
Federal - FMAP stimulus................................ 537,300
Federal - faith-based grant revenues (ARRA)............ 250,000
Total other federal revenues........................... 237,503,900
Special revenue funds:
Local funds............................................ 2,643,200
Private funds - donated funds.......................... 859,700
Private funds - Wayne County gifts..................... 100,000
Private funds - hospital contributions................. 2,929,700
Supplemental security income recoveries................ 728,200
State general fund/general purpose..................... $ 131,925,900
Sec. 110. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 747.4
Disability determination operations--721.9 FTE
positions............................................ $ 107,738,500
Medical consultation program--21.4 FTE positions....... 3,038,900
Retirement disability determination--4.1 FTE positions. 836,800
GROSS APPROPRIATION.................................... $ 111,614,200
Appropriated from:
Interdepartmental grant revenues:
IDG from DMB - office of retirement systems............ 1,130,300
ADJUSTED GROSS APPROPRIATION........................... $ 110,483,900
Federal revenues:
Total federal revenues................................. 107,604,300
State general fund/general purpose..................... $ 2,879,600
Sec. 111. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 46,605,000
Occupancy charge....................................... 8,260,500
Travel................................................. 7,048,400
Equipment.............................................. 227,300
Worker's compensation.................................. 3,525,900
Advisory commissions................................... 17,900
Payroll taxes and fringe benefits...................... 340,469,500
GROSS APPROPRIATION.................................... $ 406,154,500
Appropriated from:
Federal revenues:
Federal - FMAP stimulus................................ 327,400
Federal - emergency TANF contingency fund revenues
(ARRA)............................................... 4,068,400
Total other federal revenues........................... 250,069,700
State general fund/general purpose..................... $ 151,689,000
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions........... 27.0
Family independence program............................ $ 431,582,200
State disability assistance payments................... 34,108,700
Food assistance program benefits....................... 3,026,343,500
Food assistance program benefits (ARRA)................ 566,785,600
State supplementation.................................. 57,561,100
State supplementation administration................... 2,601,000
Low-income home energy assistance program.............. 116,451,600
Food bank funding...................................... 1,345,000
Homeless programs...................................... 11,646,700
Multicultural integration funding...................... 1,815,500
Indigent burial........................................ 4,209,200
Emergency services local office allocations............ 21,615,500
Licensed and registered child development and care..... 98,841,900
Enrolled child development and care.................... 89,151,500
Child care services grants and contracts............... 3,000,000
Day care technology and oversight--20.0 FTE positions.. 2,590,900
Refugee assistance program--7.0 FTE positions.......... 24,258,200
GROSS APPROPRIATION.................................... $ 4,493,908,100
Appropriated from:
Federal revenues:
Federal - emergency TANF contingency fund revenues
(ARRA)............................................... 203,647,800
Federal supplemental nutrition assistance revenues
(ARRA)............................................... 566,785,600
Total federal revenues................................. 3,490,307,400
Special revenue funds:
House Bill No. 5882 (H-2) as amended June 10, 2010
Child support collections.............................. 27,615,800
Supplemental security income recoveries................ 15,206,600
Public assistance recoupment revenue................... 7,010,000
State general fund/general purpose..................... $ 183,334,900
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 97,709,000
Child support automation............................... 45,631,000
GROSS APPROPRIATION.................................... $ 143,340,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 103,700,300
State general fund/general purpose..................... $ 39,639,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
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 2010-2011 is [$994,454,900.00] and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is [$106,945,500.00]. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ [97,777,800]
County juvenile officers............................... 3,658,800
House Bill No. 5882 (H-2) as amended June 10, 2010
Legal support contracts................................ 2,486,100
State disability assistance payments................... 2,286,600
Child support enforcement operations................... 583,200
Family independence program............................ 153,000
TOTAL.................................................. $ [106,945,500]
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, 2011.
(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, 2010.
(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 604, 605 to 608, and 609 to 619.
(s) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 655 and 656 to 669b.
(t) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 673, 673b to 679, and 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. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
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. (1) 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.
(2) The department shall report to the legislature during the
senate and house budget hearings on the status of the food stamp
error rate. The report shall include at least all of the following:
(a) An update on federal sanctions and federal requirements
for reinvestment due to the food stamp error rate.
(b) Review of the status of training for employees who
administer the food assistance program.
(c) An outline of the past year's monthly status of worker to
food stamp cases and monthly status of worker to food stamp
applications.
(d) Corrective action through policy, rules, and programming
being taken to reduce the food stamp error rate.
(e) Any other information regarding the food stamp error rate,
including information pertaining to technology and computer
applications used for the food assistance program.
Sec. 214. (1) By February 1 of the current fiscal year, the
department shall submit a report to the chairpersons of the senate
and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies and policy offices, and the
state budget director on the details of allocations within program
budgeting line items and within the salaries and wages line items
in all appropriation units. The report shall include a listing, by
account, dollar amount, and fund source, of salaries and wages;
longevity and insurance; retirement; contractual services,
supplies, and materials; equipment; travel; and grants within each
program line item appropriated for the current fiscal year. With
regard to federal appropriations, for each program line item funded
by no more than 3 federal funding sources, the department shall
provide estimates of the allocation of the appropriation for each
specific federal funding source.
(2) On a bimonthly basis, the department shall report on the
number of FTEs in pay status by type of staff.
Sec. 215. If a legislative objective of this act or the social
welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be
implemented without loss of federal financial participation because
implementation would conflict with or violate federal regulations,
the department shall notify the state budget director, the house
and senate appropriations committees, and the house and senate
fiscal agencies and policy offices of that fact.
Sec. 216. 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 or before
March 1 of the current fiscal year a report on appropriated and
supportable FTE positions within the executive budget proposal for
the fiscal year beginning October 1, 2011. The report shall contain
all of the following information for each individual line item
contained in the executive budget proposal for the department
budget:
(a) The number of FTEs to be funded from the line item.
(b) The amount that is proposed to be allocated to salary and
wage costs from the gross appropriation for the line item.
(c) The amount that is proposed to be allocated to salary and
wage costs from the gross appropriation for the line item on which
was based the increase in the executive budget proposal from the
amount appropriated for the line item in the department budget for
the current fiscal year, if different from the amount in
subdivision (b).
(d) The portion of the amount described in subdivision (b)
that is proposed to be taken from each funding source identified in
the budget.
(e) The gross salary and wage expenditures for the line item
during the previous fiscal year and the estimated salary and wage
expenditures for the line item during the current fiscal year.
(f) The estimated number of FTE positions supportable by the
amount described in subdivision (b).
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
department workers or the staff of private providers through the
child welfare institute that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
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. The department shall make a determination of
Medicaid eligibility not later than 60 days after all information
to make the determination is received from the applicant when
disability is an eligibility factor. For all other Medicaid
applicants, the department shall make a determination of Medicaid
eligibility not later than 45 days after all information to make
the determination is received from the applicant.
Sec. 224. The department shall approve or deny a Medicaid
application for a patient of a nursing home within 45 days after
the receipt of the necessary information.
Sec. 259. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. Such user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
Sec. 264. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 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 shall report to the house and senate
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget director as part of the annual budget presentation
on each federal grant this state was eligible to apply for, listing
both grants applied for and not applied for. This report will cover
grants exceeding $1,000,000.00, related to fatherhood and marriage
initiatives, teen pregnancy prevention, kinship care, before- and
after-school programs, family preservation and prevention, homeless
prevention, and youth in transition.
Sec. 278. (1) The department shall contract with 1 or more
private consulting firms for revenue maximization services for all
caseload services currently provided by the department.
(2) Contractors shall be reimbursed for revenue maximization
services by allowing the contractors to retain a negotiated
percentage of savings identified. The percentage of savings
retained by a contractor shall not exceed 25%.
(3) The department shall retain any savings achieved through
the revenue maximization services contract as an offset to general
fund/general purpose costs. Additional savings shall be allocated
within the department for the following purposes:
(a) Technology programs that help maintain an effective and
efficient computer system for caseworkers.
(b) Additional staff to reduce caseload-to-worker ratios.
(4) The department shall provide a report to the senate and
house appropriations subcommittees on the department budget, senate
and house standing committees on human services matters, senate and
house fiscal agencies and policy offices, and state budget director
by April 1 of the current fiscal year on the waste, fraud, error,
and abuse located through contracts authorized under subsection
(1).
Sec. 279. 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.
Sec. 280. The department shall submit a report to the house
and senate appropriations subcommittees for the department budget,
the house and senate fiscal agencies, the house and senate policy
offices, and the state budget director by February 1 of the current
fiscal year on the status of the department's information
technology improvement initiative "Bridges" integration project.
The report shall include details on the following:
(a) The amounts expended during the previous fiscal year and
the first quarter of the current fiscal year by project.
(b) The amounts of appropriations carried forward as work
projects from previous fiscal years for information technology
projects.
(c) A listing of the projects and activities undertaken during
the previous fiscal year and during the first quarter of the
current fiscal year.
(d) A narrative describing anticipated information technology
needs for the department in future years.
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 when
a child dies and any of the following applies:
(a) The child died while under court jurisdiction under
section 2(b) of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.2.
(b) The child died during an active child protective services
investigation or an open child protective services case.
(c) The department received a prior child protective services
complaint concerning the child's caretaker.
(d) The child's death may have resulted from abuse or neglect.
Sec. 288. (1) The department shall not establish time limits
on payments to providers for properly documented services purchased
by the department.
(2) The department shall pay providers that meet the
requirements of subsection (1) with state general fund/general
purpose funds if federal funds cannot be used because of time
restrictions on federal claims.
House Bill No. 5882 (H-2) as amended June 10, 2010 (1 of 2)
Sec. 296. Not later than October 15, 2011, 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. 297. (1) The department shall not privatize any services currently being provided by state employees without notice to and approval of the house and senate subcommittees for the department budget after it has concluded a detailed pre-privatization cost-benefit analysis. The analysis shall be prepared utilizing accurate, reliable, and objective data and shall use the soundest actuarial techniques that are available to the department. The analysis shall include a detailed comparative estimate of the costs that the state would incur for the period of the proposed contract under either of the following circumstances:
(a) State employees continue to provide the services.
(b) A private contractor provides the services.
(2) The cost analysis of privatizing the services shall include all of the following costs:
(a) All necessary monitoring and oversight of the private entity by the state.
(b) Up-to-date cost estimates for using reputable companies that have a previous history or reputation for providing quality services and that will provide services covered by performance bonds.
(3) The department shall not proceed with privatization of services unless the analysis shows a cost savings of at least 10% of the cost of using state employees to provide the services.
(4) The department shall follow the procedure set forth in subsections (1), (2), and (3) for any expansion of a privatization contract that would further replace services performed by state employees.
Sec. 298. Before renewing or rebidding a contract for privatized services that replaced services provided by state employees, the department shall conduct an analysis to determine whether the contract actually provided the required quality of services and produced the savings that were projected in the pre-privatization analysis. If the analysis indicates that the privatization did not produce any savings or provided services that did not meet required standards of performance, the department agency shall reassume the responsibility of providing the services through state employees.]
EXECUTIVE OPERATIONS
Sec. 305. From the money appropriated in part 1 for
demonstration projects, the department shall allocate $100,000.00
to support youthville Detroit.
Sec. 306. From the money appropriated in part 1 for
demonstration projects, the department shall allocate [$300,000.00]
to support the kinship care resource center administered by the
Michigan state university school of social work. Funding is
contingent upon the center's reporting of necessary data to the
department to demonstrate TANF or maintenance of effort
eligibility. [The Michigan state university school of social work may
partner with the Michigan state university department of epidemiology to support kinship care and conductive learning.]
Sec. 307. (1) Of the money appropriated in part 1 for
demonstration projects, $500,000.00 shall be distributed as
provided in subsection (2). The amount distributed under this
subsection shall not exceed 50% of the total operating expenses of
the program described in subsection (2), with the remaining 50%
paid by local United Way organizations and other nonprofit
organizations and foundations.
(2) Money distributed under subsection (1) shall be
distributed to Michigan 2-1-1, a nonprofit corporation organized
under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code, 26 USC
501(c)(3), and whose mission is to coordinate and support a
statewide 2-1-1 system. Michigan 2-1-1 shall use the money only to
fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1
in January 2005.
(3) Michigan 2-1-1 shall report annually to the department and
the house and senate standing committees with primary jurisdiction
over matters relating to human services and telecommunications on
2-1-1 system performance, including, but not limited to, call
volume by community health and human service needs and unmet needs
identified through caller data and customer satisfaction metrics.
Sec. 308. From the money appropriated in part 1 for
demonstration projects, $200,000.00 shall be expended on a contract
with the University of Detroit Mercy to provide legal services for
disabled veterans who are seeking eligibility under federal
disability programs, including federal supplemental security
income. The contract shall fund a statewide effort by the
university through use of its mobile office to deliver these legal
services.
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. The department shall continue to operate a
performance-based licensing model that will assure compliance with
department policy and statutory mandates. This model will
prioritize licensing activities based on risk to the vulnerable
children and adults residing in or receiving services from
licensees.
ADULT AND FAMILY SERVICES
Sec. 423. From the money appropriated in part 1 for crisis
prevention and senior food aid projects, the department shall
allocate not less than $100,000.00 to assist this state's elderly
population to participate in the food assistance program. The money
may be used as state matching funds to acquire available United
States department of agriculture funding to provide outreach
program activities, such as eligibility screen and information
services, as part of a statewide food stamp hotline.
CHILDREN'S SERVICES
Sec. 502. From the funds appropriated in part 1 for foster
care, the department shall provide 50% reimbursement to Indian
tribal governments for foster care expenditures for children who
are under the jurisdiction of Indian tribal courts and who are not
otherwise eligible for federal foster care cost sharing.
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.
(e) Is not receiving federal supplemental security income
(SSI) payments.
Sec. 504. (1) 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.
(2) The department also shall develop and implement the
following policies, services, and programs focused on meeting the
needs of foster children who are 14 years and older with a
permanency goal other than a goal of reunification:
(a) Beginning November 15, 2008, the department shall refer
all children 14 years and older in foster care and youth
transitioning from foster care to adulthood to Michigan works!
agencies for participation in youth programs and services
administered under the workforce investment act, 29 USC 2801 et
seq., designed to assist youth in developing job skills and career
opportunities, and shall refer suitably qualified children for
summer training, mentorship, and enrichment opportunities.
(b) By November 15, 2008, the department shall have developed
and implemented a policy and the necessary resources to extend all
foster youths' eligibility for child foster care custody until 20
years of age and to make available independent living services
through the age of 21 years.
(c) By November 15, 2008, the department shall develop and
implement a policy and process by which all children emancipating
from the foster care system at 18 years of age or beyond are
enrolled for Medicaid managed care coverage so that their coverage
continues without interruption at the time of emancipation.
(d) Beginning November 15, 2008, the department shall refer
all children without an identified housing situation at the time of
emancipation from the foster care system at 18 years of age or
beyond to the Michigan state housing development authority for
rental assistance and services under the homeless youth initiative.
(e) By October 2009, the department shall hire 14 regional
education planners who shall provide consultation and support to
youth 14 years of age and older in accessing educational services
and in developing individualized education plans, including
identifying all available financial aid resources.
Sec. 505. (1) The department shall continue to implement a
plan to provide client-centered results-oriented foster care
programs.
(2) The department shall obtain data from its systems on a
quarterly basis for the measures listed in subdivisions (a) to (g).
This data shall report on children supervised by the department and
by private agencies. The measures are described as follows:
(a) Placement stability. Children shall have no more than 2
placement settings using the following minimum acceptable
standards:
(i) Eighty-six percent or more of children in care for 365 days
or less will have no more than 2 placement settings.
(ii) Seventy-three percent or more of children in care for not
less than 366 days and not more than 730 days will have no more
than 2 placement settings.
(iii) Forty-five percent or more of children in care for 731
days or more will have no more than 2 placement settings.
(b) Timeliness of reunification. No fewer than 43% of children
in care for 30 days or more shall be discharged from foster care to
the home of a parent or legal guardian within 12 months after
removal.
(c) Permanency of reunification. No more than 4% of children
who were discharged from foster care to reunification will reenter
foster care in less than 12 months from the date of discharge.
(d) Timeliness of adoptions. No fewer than 36.6% of children
in care for 30 days or more shall be discharged from foster care to
a finalized adoption within 24 months after removal.
(e) Discharge to permanency for children in foster care for
long periods of time. No fewer than 29.1% of children in care for
the most recent 24 months shall be discharged to a permanent
placement before reaching 18 years of age. Permanent placement is
defined as adoption, guardianship, or reunification.
(f) Legally free children in foster care for long period of
time who are discharged to permanency. No fewer than 98% of
children in care for the most recent 12 months and legally free for
adoption shall be discharged to a permanent placement before
reaching 18 years of age. Permanent placement is defined as
adoption, guardianship, or reunification.
(g) Children discharged from foster care without permanency.
Not more than 45% of children in care for the most recent 12 months
or more shall:
(i) Be discharged from foster care before reaching 18 years of
age if the reason for discharge is another planned permanent living
arrangement (APPLA).
(ii) Reach 18 years of age while in foster care, if the child
has been in foster care for 3 years or more.
(3) During the annual budget presentation, the department
shall provide the senate and house appropriations subcommittees on
the department budget the information listed in subsection (2).
Sec. 506. (1) The department shall provide a report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices by February 1 of the current fiscal year
detailing changes in program policy, outcome measurement, and
training by the department and courts to meet the requirements of
the adoption and safe families act of 1997, Public Law 105-89, 111
Stat. 2115.
(2) By February 1 of the current fiscal year, the department
shall provide the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and
the senate and house policy offices a report detailing recent
department communication with the federal government related to the
provision of foster care, juvenile justice, and adoption services.
The report shall include information detailing federal
recommendations made to the department and courts, any sanction or
warning of possible future sanction assessed on this state by the
federal government, the status of the performance improvement plan
submitted to the federal government, and efforts by the department
to increase federal financial support for children's services in
this state.
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 state child abuse and neglect prevention board may
initiate a joint project with another state agency to the extent
that the project supports the programmatic goals of both the state
child abuse and neglect prevention board and the state agency. The
department may invoice the state agency for shared costs of a joint
project in an amount authorized by the state agency, and the state
child abuse and neglect prevention board may receive and expend
funds for shared costs of a joint project in addition to those
authorized by part 1.
(3) The department may collaborate with the state child abuse
and neglect prevention board to develop recommendations on how to
best incorporate child abuse prevention strategies and practices
into suggested changes in state statute and department policy. The
department shall provide any recommendations developed with the
state child abuse and prevention board to the senate and house
standing committees on human services and appropriations
subcommittees on the department budget not later than March 1 of
the current fiscal year.
(4) From the funds appropriated in part 1 for the children's
trust fund, the department may utilize interest and investment
revenue from the current fiscal year only for programs,
administration, services, or all sanctioned by the child abuse and
neglect prevention board.
(5) 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
House Bill No. 5882 (H-2) as amended June 10, 2010
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
nationally accredited [and] 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 termination of parental rights or foster
placement for children who have been exposed to the production of
illicit drugs in their dwelling place or a place frequented by the
children.
(e) 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. 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, results the
department or agencies have achieved in improving permanency
placements, and recommendations for further improvements for foster
care services across the entire state.
Sec. 517. (1) From the funds appropriated in part 1, the
department is authorized to allocate funds for activities and
services for at-risk children and families and cases classified by
the department as category III or category IV under sections 8 and
8d of the child protection law, 1975 PA 238, MCL 722.628 and
722.628d.
(2) Funds appropriated in part 1 for zero to three may be used
to fund community-based collaborative prevention services designed
to do any of the following:
(a) Foster positive parenting skills especially for parents of
children under 3 years of age.
(b) Improve parent/child interaction.
(c) Promote access to needed community services.
(d) Increase local capacity to serve families at risk.
(e) Improve school readiness.
(f) Support healthy family environments that discourage
alcohol, tobacco, and other drug use.
(3) Projects funded through the appropriation provided for in
subsection (2) shall provide a 25% local match of which not more
than 10% is in-kind goods or services unless the maximum percentage
is waived by the department.
(4) Projects funded through the appropriation provided for in
subsection (2) shall provide a 25% local match of which not more
than 10% is in-kind goods or services unless the maximum percentage
is waived by the department.
Sec. 523. From the money appropriated in part 1 for youth in
transition and domestic violence prevention and treatment, the
department is authorized to make allocations of TANF funds only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 532. (1) The department, in collaboration with
representatives of private child and family agencies, shall revise
and improve the annual licensing review process and the annual
contract compliance review process for child placing agencies and
child caring institutions. The improvement goals shall be safety
and care for children. Improvements to the review process shall be
directed toward alleviating administrative burdens so that agency
resources may be focused on children. The revision shall include
identification of duplicative staff activities and information
sought from child placing agencies and child caring institutions in
House Bill No. 5882 (H-2) as amended June 10, 2010
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 develop a plan to license relatives
of foster children as foster care providers to ensure consistent
high standards of care for those foster children. The department
shall report on the plan to the senate and house appropriations
subcommittees with oversight over the department budget, the senate
and house standing policy committees generally concerned with
children's issues, the senate and house fiscal agencies and policy
offices, and the state budget director as part of the quarterly
reports required by section 582.
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.
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. 544. The department shall continue pilot projects with
applications pending for accelerated residential treatment.
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. 548. During the annual budget presentation to the house
and senate appropriations subcommittees on the department budget,
the department shall report on progress in implementing the
recommendations of the task force that studied the disproportionate
representation of African-American and other children of color in
the child welfare and juvenile justice systems as required under
former section 548 of the fiscal year 2005-2006 budget act for the
department.
Sec. 556. 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.
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) One-half of the total amount allocated to Wayne County
shall be used to serve adjudicated delinquent youth, and 1/2 shall
be used to serve abused and neglected youth.
(3) Federal revenues shall be paid to Wayne County as
reimbursement for actual costs incurred, consistent with
established federal requirements.
(4) 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) Subject to subsection (2), 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 prior to 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. 570. (1) From the money appropriated in part 1 for the
guardianship assistance program, the department shall provide
subsidies 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. 571. The department shall maintain a title IV-E
compliance and accountability office with the following goals and
responsibilities:
(a) Study efforts in other states to determine best practices
for title IV-E-related activities and measures to maximize the
receipt of federal money for eligible cases.
(b) Coordinate compliance with federal regulations in order to
receive title IV-E money.
(c) Provide necessary technical assistance to local units of
government, including courts, to ensure proper handling of cases
and paperwork in preparation for federal audits and reviews.
(d) Coordinate a program to provide private persons, groups,
and corporations with incentives to make tax-deductible
contributions intended to assist foster care families to overcome
barriers to becoming licensed and eligible to receive title IV-E
money.
(e) As part of the quarterly reports required by section 582,
provide information to the house and senate appropriations
subcommittees on the department budget on activities and progress
toward meeting the responsibilities outlined above.
Sec. 573. From the money appropriated in part 1 for adoption
support services, $1,049,400.00 is allocated to support adoption
contracts focusing on long-term permanent wards who have been wards
for more than 1 year after termination of parental rights. Private
House Bill No. 5882 (H-2) as amended June 10, 2010
agencies shall receive $16,000.00 for each finalized placement
under the program.
[
]
Sec. 575. (1) Of the funds provided for the training of human
services workers, particularly caseworkers, the department shall
use appropriated funds 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.
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 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. 581. (1) The money appropriated in part 1 for adoption
support services shall be used by the department of human services
to increase the rates paid to private adoption agencies for all
House Bill No. 5882 (H-2) as amended June 10, 2010
categories of adoption placements and adoption finalizations to
reflect the rate schedule below:
Reimbursement Placement Rate Finalization Rate Total Payment
Category
Basic: More than $3,405 $2,270 $5,675
12 months
Standard: 9-12 $3,538 $2,364 $5,902
months, statewide
Enhanced: 8 $5,771 $3,846 $9,617
months, statewide
Premium: 5 $7,371 $4,914 $12,285
months, statewide
Residential $8,513 $5,676 $14,189
MARE $13,094 $8,730 $21,824
In-state Transfer $1,845
Interstate: Existing $1,844
Services
Interstate: New $3,546
Services
(2) The additional revenue shall be used by private adoption
agencies to increase the number of adoption workers to a level
sufficient to meet the 15:1 cases-to-worker ratio requirements for
adoption workers within the children's rights settlement agreement.
[(3) A private adoption agency shall only receive the rates provided in subsection (1) if no employees of that private adoption agency receive annual compensation greater than that of the governor's salary and wages. If a private adoption agency has personnel receiving compensation greater than that of the governor's salary and wages, then that private adoption agency shall be reimbursed at the levels effective as of February 1, 2010.]
Sec. 582. On the first working day of February and August, for
the preceding 6 months, the department shall submit a comprehensive
child welfare improvement report, compiling material required by
each section of this act related to child welfare. This report will
be provided to the senate and house appropriations subcommittees on
the department budget, the senate and house standing committees on
human services, the senate and house fiscal agencies, the senate
and house policy offices, and the state budget director and will
provide an overview of the status of all initiatives the department
is required to carry out by this appropriation act and the impact
of those initiatives on meeting the benchmarks established in the
federal child and family service review process and the
requirements established in the children's rights settlement
agreement. The report may include information about other
initiatives of the department and its service delivery partners
which support improvements in safety, permanency, and well-being
for the children and families served by Michigan's child welfare
system.
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. 584. The department shall provide recommendations 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 on changes to current state statutes that would ensure more
effective communication between caseworkers and courts
administering foster care cases.
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. 586. (1) The department shall request a modification of
the staffing requirement imposed by the children's rights
settlement agreement. The modification would permit the department
to ensure that 95% of purchase of service monitors will have a
caseload of no more than 90 cases in the current fiscal year.
(2) The department shall evaluate the effectiveness of the
purchase of service monitoring function to do all of the following:
(a) Eliminate tasks that are duplicative in nature.
(b) Establish standards for the duties of all purchase of
services workers, including responsibilities to attend review
hearings, frequency of conducting visits with children and
families, and other county-by-county differences that currently
exist.
(c) Review and approve case practice decisions in a timely
manner to avoid delays in providing services to families and
achieving permanency.
Sec. 587. (1) The appropriation in part 1 for the child care
fund in-home care incentive program shall be used to encourage
counties to increase the number of children in the child welfare
and juvenile justice systems receiving in-home care services as
opposed to out-of-home placements. Funds shall cover the costs of
in-home care services that are eligible for temporary assistance
for needy families funding. To receive reimbursement under the
program, a county shall document that expenditures for in-home care
services for the current fiscal year exceeded those of the previous
fiscal year. Each county shall receive reimbursement from the
department in an amount equal to 75% of the documented increase in
in-home care expenditures. However, if the amount of eligible
expenditures claimed by all counties exceeds the appropriation in
part 1, each county will receive a prorated share of its documented
increase in in-home care expenditures. Each county shall provide
for the remaining 25% of costs from its child care fund.
(2) To participate in the child care fund in-home care
incentive program, a county shall submit to the department by
December 15 of each year, in a manner determined by the department,
a report outlining its proposed budget for the incentive program
for the current fiscal year and an overview of measures to be used
to monitor outcomes for youth receiving services under the program.
The department must approve a final report by the following
February 15 for the county to be eligible for program
reimbursement.
Sec. 588. (1) Concurrent with public release, the department
shall transmit all reports from the court-appointed settlement
House Bill No. 5882 (H-2) as amended June 10, 2010
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 from department supervision to private child placing agencies, the department shall not transfer any foster care cases that require a county contribution to the private agency administrative rate.]
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.
Sec. 604. (1) The department shall operate a state disability
assistance program. Except as provided in subsection (3), persons
eligible for this program shall include needy citizens of the
United States or aliens exempted from the supplemental security
income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social
security, or medical assistance due to disability or 65 years of
age or older.
(b) A person with a physical or mental impairment which meets
federal supplemental security income disability standards, except
that the minimum duration of the disability shall be 90 days.
Substance abuse alone is not defined as a basis for eligibility.
(c) A resident of an adult foster care facility, a home for
the aged, a county infirmary, or a substance abuse treatment
center.
(d) A person receiving 30-day postresidential substance abuse
treatment.
(e) A person diagnosed as having acquired immunodeficiency
syndrome.
(f) A person receiving special education services through the
local intermediate school district.
(g) A caretaker of a disabled person as defined in subdivision
(a), (b), (e), or (f) above.
(2) Applicants for and recipients of the state disability
assistance program shall be considered needy if they:
(a) Meet the same asset test as is applied to applicants for
the family independence program.
(b) Have a monthly budgetable income that is less than the
payment standards.
(3) Except for a person described in subsection (1)(c) or (d),
a person is not disabled for purposes of this section if his or her
drug addiction or alcoholism is a contributing factor material to
the determination of disability. "Material to the determination of
disability" means that, if the person stopped using drugs or
alcohol, his or her remaining physical or mental limitations would
not be disabling. If his or her remaining physical or mental
limitations would be disabling, then the drug addiction or
alcoholism is not material to the determination of disability and
the person may receive state disability assistance. Such a person
must actively participate in a substance abuse treatment program,
and the assistance must be paid to a third party or through vendor
payments. For purposes of this section, substance abuse treatment
includes receipt of inpatient or outpatient services or
participation in alcoholics anonymous or a similar program.
(4) A refugee or asylee who loses his or her eligibility for
the federal supplemental security income program by virtue of
exceeding the maximum time limit for eligibility as delineated in 8
USC 1612 and who otherwise meets the eligibility criteria under
this section shall be eligible to receive benefits under the state
disability assistance program.
Sec. 605. The level of reimbursement provided to state
disability assistance recipients in licensed adult foster care
facilities shall be the same as the prevailing supplemental
security income rate under the personal care category.
Sec. 606. County department offices shall require each
recipient of family independence program and state disability
assistance who has applied with the social security administration
for supplemental security income to sign a contract to repay any
assistance rendered through the family independence program or
state disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec. 607. (1) The department's ability to satisfy
appropriation deductions in part 1 for state disability
assistance/supplemental security income recoveries and public
assistance recoupment revenues shall not be limited to recoveries
and accruals pertaining to state disability assistance, or family
independence assistance grant payments provided only in the current
fiscal year, but shall 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. 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.
Sec. 611. A provider of indigent burial services may collect
additional payment from relatives or other persons on behalf of the
deceased if the total additional payment does not exceed $4,000.00.
Sec. 612. 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.
Sec. 613. (1) From the money appropriated in part 1 for
indigent burial, the maximum allowable reimbursement limit for
indigent burials shall be $700.00, which shall be distributed as
follows:
(a) $455.00 to the funeral director.
(b) $145.00 to the cemetery or crematorium.
(c) $100.00 to the provider of the vault.
(2) The department may work with funeral directors to
establish a regional or statewide pilot program that would include
the following elements:
(a) From the money appropriated in part 1 for indigent burial,
the department shall provide 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 department may select through competitive bidding
funeral directors in each county or region of the state to
supervise the disposition of unclaimed bodies.
(c) Until contracts based upon competitive bidding under
subdivision (b) are entered into, 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 management and budget for travel reimbursement for
nonstate vehicles plus the cost of the cremation permit.
(d) The department may deviate from the payment limits
established in subsection (1) and section 611 in making payments
under the pilot program.
(e) The department shall provide periodical reports to the
senate and house of representatives appropriations subcommittees
with jurisdiction over the department budget regarding the pilot
program's caseload and expenditures.
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. 621. Funds appropriated in part 1 may be used to support
multicultural integration and support services. The department
shall distribute all of the funds described in this section based
on assessed community needs.
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 day 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 day care payments.
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. 657. (1) The department shall allocate $3,000,000.00 for
the operation of a statewide before- or after-school program
targeted to children in kindergarten through ninth grade. Eligible
programs must serve geographic areas near school buildings that do
not meet federal no child left behind annual yearly progress (AYP)
requirements and that include the before- or after-school programs
in the AYP plans as a means to improve outcomes and serve children
living in households with income below 200% of the federal poverty
guidelines as established by the United States department of health
and human services.
(2) The department shall give priority to before- and after-
school programs that operate in areas with a marked increase in
gang violence as defined by the United States attorney's office.
(3) The department shall require all applicants for before-
and after-school funding to demonstrate how their program would
facilitate extensive involvement with the parents of children
served by the program and to show how other programming being
offered on the site would enhance the before- and after-school
funding. Priority for funding shall be given to programs that can
demonstrate effectiveness in these areas.
(4) The department shall evaluate each before- and after-
school program with special emphasis on the academic
accomplishments and attendance records of program participants.
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 and state 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 $12,751,000.00 for the
annual clothing allowance. The allowance shall be granted to all
eligible children as defined by the department.
(3) The department shall take steps to inform family
independence program recipients eligible for the allowance under
subsection (2) that the money is to be used for clothing for
eligible children.
Sec. 673. The department shall immediately send notification
to a client participating in the state child development and care
program and his or her child day care provider if the client's
eligibility is reduced or eliminated.
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 may contract with a private entity to
utilize information technology or other methods of management and
oversight of child day care payments to ensure that payments made
through the child day 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 regulated day
care services and unregulated day care services, 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, $1.60.
(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. 677. The department shall establish a state goal for the
percentage of family independence program (FIP) cases involved in
employment activities. The percentage established shall not be less
than 50%. On a quarterly basis, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on the current percentage of FIP
cases involved in JET employment activities. If the FIP case
percentage is below the goal for more than 2 consecutive quarters,
the department shall develop a plan to increase the percentage of
FIP cases involved in employment-related activities. The department
shall deliver the plan during the next annual budget presentation
to the senate and house appropriations subcommittees on the
department budget.
Sec. 678. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on the activities of the early childhood
investment corporation (ECIC). The report is due by February 15 of
each year and shall contain at least the following information:
(a) Detail of the amounts of grants awarded.
(b) The grant recipients.
(c) The activities funded by each grant.
(d) An analysis of each grant recipient's success in
addressing the development of a comprehensive system of early
childhood services and supports.
(2) All ECIC contracts for comprehensive systems planning
shall be bid out through a statewide request-for-proposal process.
Sec. 681. The department shall work in collaboration with
grocers, distributors, and merchants on effective education of food
assistance recipients to ensure adequate notice of changes in the
food assistance benefits distribution. The department shall provide
a written update to the senate and house appropriations
subcommittees on the department budget and standing committees for
human services by January 31 and July 31 of the current fiscal year
on the progress and issues raised by this change in distribution.
Sec. 682. The department shall notify the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the house and senate policy staffs
by February 1 of the current fiscal year regarding the JET program
savings for the previous fiscal year and the details on the
proposed use of that money.
Sec. 683. (1) From the funds appropriated in part 1 for SSI
advocacy, $312,000.00 shall be paid to the Michigan state bar
foundation for SSI advocacy services provided by the legal services
association of Michigan. A payment of $400.00 shall be made for
each case referred to the legal services association of Michigan,
with a final payment of $250.00 on case completion.
(2) The department shall make a sufficient number of referrals
for SSI advocacy services to the legal services association of
Michigan to ensure that at least 40 cases per month are accepted
for services through the contract.
(3) The department shall not provide payment to the legal
services association of Michigan for assisting a recipient to
submit a frivolous appeal or application or for assisting a
recipient who has submitted multiple applications that have been
denied regarding the same disability, unless the legal services
association of Michigan determines that there is a valid reason to
pursue an appeal.
Sec. 685. (1) Not later than March 1 of the current fiscal
year, the department shall report to the senate and house
appropriations subcommittees with jurisdiction over the department
budget, and to the senate and house appropriations subcommittees
with jurisdiction over the department of community health budget,
on the number of recipients that applied for Medicaid coverage, the
number of recipients that were approved for Medicaid coverage, and
the number of recipients that were denied Medicaid coverage. The
report shall describe these statistics comparing the current and
previous fiscal years and summarize department programs to assist
persons in applying for Medicaid.
(2) Not later than March 1 of the current fiscal year, the
department shall report to the senate and house appropriations
subcommittees with jurisdiction over the department budget, and to
the senate and house subcommittees with jurisdiction over the
department of community health budget, on the number of applicants
for home help services. The department shall give a summary report
on the number of approved applications, denied applications,
pending applications, and the number of applications in which the
applicant was eligible for nursing home services.
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. 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.
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 February 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 December 15 of the
current fiscal year for approval.
(2) The department shall provide a report on the number of
counties that fail to submit a service spending plan by December 15
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 February 15 of the current fiscal year.
Sec. 717. (1) If funds become available, the department shall
contract with a state university 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. 723. A private provider of juvenile services may receive
House Bill No. 5882 (H-2) as amended June 10, 2010
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.
Sec. 726. [ ] Beginning October 1, 2007, from the money
appropriated in part 1 for foster care payments and child care
fund, the department shall not enter into or maintain a contract
with a for-profit provider of residential services for juvenile
justice and abused or neglected youth, or with a nonprofit provider
of residential services for juvenile justice and abused or
neglected youth that uses a for-profit management group or
contracts with a for-profit organization for its management, unless
the provider was licensed on or before August 1, 2007 and, if the
provider is a nonprofit provider of residential services for
juvenile justice and abused or neglected youth that uses a for-
profit management group or contracts with a for-profit organization
for its management, the contract between the provider and the for-
profit group or organization existed prior to August 1, 2007.
[
]
LOCAL OFFICE SERVICES
Sec. 750. The department may maintain out-stationed
eligibility specialists in community-based organizations, nursing
homes, and hospitals.
Sec. 751. (1) From the funds appropriated in part 1, the
department may implement school-based family resource centers based
on the following guidelines:
(a) The center is supported by the local school district.
(b) The programs and information provided at the center do not
conflict with sections 1169, 1507, and 1507b of the revised school
code, 1976 PA 451, MCL 380.1169, 380.1507, and 380.1507b.
(c) Notwithstanding subdivision (b), the center shall provide
information regarding crisis pregnancy centers or adoption service
providers in the area.
(2) The department shall notify the senate and house
subcommittees on the department budget, the senate and house fiscal
agencies and policy offices, and the state budget office of family
resource center expansion efforts and shall provide all of the
following at the beginning of the selection process or no later
than 5 days after eligible schools receive opportunity
notification:
(a) A list of eligible schools.
(b) The selection criteria to be used.
(c) The projected number to be opened.
(d) The financial implications for expansion, including
funding sources.
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. 754. (1) From the money appropriated in part 1, the
department shall provide $1,700,000.00 to establish a customer
service resource center. The center would assist in screening calls
to county offices in order to allow caseworkers to devote more time
to eligibility determination and case management activities. Duties
would include answering routine inquiries from clients and
applicants and providing application assistance.
(2) The department shall not proceed with privatization of
services under this section until it receives notice of approval
from the senate and house appropriations committees indicating a
cost savings of at least 10% of the cost of using state employees
to provide the services.
Sec. 755. From the money appropriated in part 1 within the
field staff, salaries and wages line item for 350 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. 756. The money appropriated in part 1 for limited term
field staff, salaries and wages shall only be expended to support
the addition of 100 new limited-term eligibility specialist
positions beginning April 1, 2011. However, no expenditures shall
be made from this authorization until after the department has
established a customer service resource center as required under
section 754.
Sec. 757. (1) The department shall collect data from each
county office to evaluate whether the use of qualified interpreters
increases the efficiency and accuracy of eligibility specialists in
processing applications from public assistance applicants who have
language barriers.
(2) Based on the data collected under subsection (1), the
department shall review the current number of interpreter contracts
to determine whether the current level of interpreter services is
sufficient and whether the allocation of qualified interpreters
across county offices is appropriate. The department shall create
an assignment system for bilingual caseworkers that ensures
placement of bilingual caseworkers in offices where the need is the
greatest based on the number of bilingual client cases.
(3) In placing family resource center specialists, the
department shall give priority to communities that have more
applicants and recipients who face cultural and language barriers
to services.
DISABILITY DETERMINATION SERVICES
Sec. 801. The department disability determination services in
agreement with the department of technology, management, and budget
office of retirement systems will develop the medical information
and make recommendations for medical disability retirement for
state employees, state police, judges, and schoolteachers.
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 the code of federal
regulations, CFR 45.305.2.
(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. 902. (1) The department shall continue its work to fix
and improve the child support computer system using the funding
carried forward from prior fiscal years.
(2) The department shall consult with the department of
treasury and any outside consultant with collections expertise
under contract with the department of treasury to develop a plan to
maximize the collection of child support and child support
arrearage settlement for the purposes of this section.
(3) The department, through the child support leadership
group, shall provide semiannual reports to the legislature
concerning money expended and improvements made as a result of this
section.
Sec. 903. The department may facilitate with the department of
community health a program under which the departments
independently or jointly contract with local friend of the court
offices to update and maintain the child support statewide database
with health insurance information in cases in which the court has
ordered a party to the case to maintain health insurance coverage
House Bill No. 5882 (H-2) as amended June 10, 2010
for the minor child or children involved in the case and to assist
in the recovery of money paid by the state for health care costs
that are otherwise recoverable from a party to the case. The
program shall be in addition to a program or programs under
existing contract between either or both of the departments with a
private entity on September 1 of the current fiscal year. The
program shall be entirely funded with state and federal funds from
money first recovered or through costs that are avoided by charging
the insurance coverage for minor children from state programs to
private insurance.
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. 908. From the money appropriated in part 1 for child
support enforcement operations, $500,000.00 shall be expended [
] to collect child support arrearages. Cases shall be
assigned to a contractor with the goal that at least 15% of
collected arrearages be owed to this state on behalf of current or
former TANF recipients. The contractor shall be allowed to retain
up to 15% of arrearages collected as a fee for services. By
September 30 of the current fiscal year, the department shall
report 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 following contract results:
(a) Number of cases assigned to the contractor.
(b) Number of cases in which the contractor successfully
collected on arrearages.
(c) Total arrearages collected.
(d) Total arrearages collected that were owed to this state as
reimbursement for public assistance.
(e) Total amount retained by the contractor.
Sec. 910. (1) If title IV-D-related child support collections
are escheated, the state budget director is authorized to adjust
the sources of financing for the funds appropriated in part 1 for
legal support contracts to reduce federal authorization by 66% of
the escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is
required to offset the loss of federal revenue due to the escheated
amount being counted as title IV-D program income in accordance
with federal regulations at 45 CFR 304.50.
(2) The department shall notify the chairs of the house and
senate appropriations subcommittees on the department budget and
the house and senate fiscal agencies within 15 days of the
authorization adjustment in subsection (1).
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 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. 1102. The department shall develop a plan based on
recommendations from the department of civil rights and from Native
American organizations to assure that the community services block
grant funds are equitably distributed. The plan must be developed
by October 31 of the current fiscal year, and the plan shall be
delivered to the appropriations subcommittees on the department
budget in the senate and house, the senate and house fiscal
agencies, and the state budget director.
Sec. 1104. The department shall award up to $500,000.00 in
competitive grants to organizations based on their education and
outreach with the earned income tax credit (EITC). Organizations
shall be given preference based on their emphasis on clients who
have never filed for the EITC, clients with children, and clients
for whom receipt of the EITC will make it easier for them to move
off public assistance.
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.