HB-5882, As Passed Senate, June 17, 2010
SENATE 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
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....... 10,970.5
Unclassified positions............................ 6.0
Total full-time equated positions............ 10,976.5
GROSS APPROPRIATION.................................... $ 6,953,980,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,130,300
ADJUSTED GROSS APPROPRIATION........................... $ 6,952,850,300
Federal revenues:
Federal - FMAP stimulus................................ 13,467,500
Federal - other ARRA revenues.......................... 805,535,400
Total federal revenues................................. 5,114,685,600
Special revenue funds:
Total private revenues................................. 9,491,500
Total local revenues................................... 35,164,600
Total other state restricted revenues.................. 58,049,600
State general fund/general purpose..................... $ 916,456,100
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 632.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 626.7
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.............. 9,442,400
Inspector general salaries and wages--100.0 FTE
positions............................................ 6,139,700
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.................................... $ 96,697,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 63,212,000
Special revenue funds:
Total private revenues................................. 3,211,100
Total local revenues................................... 175,000
Total other state restricted revenue................... 25,000
State general fund/general purpose..................... $ 30,074,800
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 198.7
Child support enforcement operations--192.7 FTE
positions............................................ $ 23,345,200
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.................................... $ 212,062,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 195,519,900
Special revenue funds:
Total local revenues................................... 340,000
Total restricted revenues.............................. 769,900
State general fund/general purpose..................... $ 15,433,000
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 19.0
Bureau of community action and economic
opportunity--19.0 FTE positions...................... $ 2,232,200
Community services block grant......................... 25,650,000
Weatherization assistance.............................. 27,400,000
GROSS APPROPRIATION.................................... $ 55,282,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 55,282,200
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions........... 45.7
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............................................... 100
Wage employment verification reporting................. 848,700
Urban and rural empowerment/enterprise zones........... 100
Nutrition education.................................... 30,000,000
Marriage initiative--0.5 FTE positions................. 2,310,000
Fatherhood initiative--0.5 FTE positions............... 1,560,000
Crisis prevention and elder law of Michigan food for
the elderly project.................................. 175,200
GROSS APPROPRIATION.................................... $ 57,014,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 47,122,700
Federal - emergency TANF contingency fund revenues
(ARRA)............................................... 4,823,100
Special revenue funds:
Total private revenues................................. 25,000
State general fund/general purpose..................... $ 5,043,200
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
Teenage parent counseling.............................. 3,000,000
Families first......................................... 18,450,700
Strong families/safe children--3.0 FTE positions....... 16,580,700
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
Federal transitional supportive housing revenues
(ARRA)............................................... 2,000,000
Child advocacy centers--0.5 FTE positions.............. 1,000,000
GROSS APPROPRIATION.................................... $ 118,883,100
Appropriated from:
Interdepartmental grant revenues:
ADJUSTED GROSS APPROPRIATION........................... $ 118,883,100
Federal revenues:
Child care and development block grant (ARRA).......... 1,960,600
Federal - transitional supportive housing revenues
(ARRA)............................................... 2,000,000
Total other federal revenues........................... 102,730,800
Special revenue funds:
Private - children's benefit fund donations............ 21,000
Compulsive gambling prevention fund.................... 1,040,000
Children's trust fund.................................. 3,824,100
Sexual assault victims' prevention and treatment....... 1,000,000
Child advocacy centers fund............................ 1,000,000
State general fund/general purpose..................... $ 5,306,600
Sec. 107. CHILDREN'S RIGHTS SETTLEMENT
Full-time equated classified positions........ 2,929.0
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--1,047.0 FTE
positions............................................ 51,297,600
Foster care workers--814.0 FTE positions............... 45,963,900
Adoption workers--72.0 FTE positions................... 3,835,400
Education planners--14.0 FTE positions................. 745,800
Permanency planning specialists--55.0 FTE positions.... 2,329,800
Child welfare first line supervisors--397.0 FTE
positions............................................ 22,285,500
Administrative support workers--261.0 FTE positions.... 13,343,800
Second line supervisors and technical staff--62.0
FTE positions........................................ 3,982,800
Permanency planning specialists--81.0 FTE positions.... 3,314,700
POS contract monitoring unit--17.0 FTE positions....... 905,600
Child welfare field staff contractual services,
supplies, and materials.............................. 5,349,900
Settlement monitor..................................... 1,625,800
Foster care payments................................... 179,729,600
Foster care - children with serious emotional
disturbance waiver................................... 1,769,000
Guardianship assistance program........................ 4,773,000
Child care fund........................................ 228,214,000
Child care fund administration--5.8 FTE positions...... 806,000
Adoption subsidies..................................... 230,783,700
Adoption support services--7.2 FTE positions........... 31,804,000
Youth in transition--2.0 FTE positions................. 18,349,900
GROSS APPROPRIATION.................................... $ 862,000,800
Appropriated from:
Federal revenues:
Federal - FMAP stimulus................................ 12,602,800
Total other federal revenues........................... 485,208,000
Special revenue funds:
Private - collections.................................. 2,300,000
Local funds - county chargeback........................ 19,747,300
State general fund/general purpose..................... $ 342,142,700
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.......... 230.7
Secure juvenile services--192.0 FTE
positions............................................ $ 24,304,500
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 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........ 6,014.5
Field staff, salaries and wages--5,823.5 FTE positions. $ 298,310,100
Contractual services, supplies, and materials.......... 12,712,800
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................... 1,036,100
Volunteer services and reimbursement (ARRA)--2.0 FTE
positions............................................ 250,000
SSI advocates--10.0 FTE positions...................... 1,241,700
GROSS APPROPRIATION.................................... $ 336,643,400
Appropriated from:
Federal revenues:
Federal - FMAP stimulus................................ 537,300
Federal faith-based grant revenues (ARRA).............. 250,000
Total other federal revenues........................... 215,795,600
Special revenue funds:
Local funds............................................ 1,846,900
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..................... $ 113,596,000
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
Appropriated from:
Federal revenues:
Total federal revenues................................. 107,604,300
Special revenue funds:
State general fund/general purpose..................... $ 2,879,600
Sec. 111. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 44,450,900
Occupancy charge....................................... 8,260,500
Travel................................................. 6,150,300
Equipment.............................................. 227,300
Worker's compensation.................................. 3,525,900
Advisory commissions................................... 17,900
Payroll taxes and fringe benefits...................... 315,417,900
GROSS APPROPRIATION.................................... $ 378,050,700
Appropriated from:
Federal revenues:
Federal - emergency TANF contingency fund
revenue (ARRA)....................................... 4,068,400
Federal - FMAP stimulus................................ 327,400
Total other federal revenues........................... 241,440,100
Special revenue funds:
Local funds - county chargeback........................ 888,000
State general fund/general purpose..................... $ 131,326,800
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions........... 27.0
Family independence program............................ $ 441,112,500
State disability assistance payments................... 37,311,800
Food assistance program benefits....................... 3,026,343,500
Food assistance program benefits (ARRA)................ 566,785,600
State supplementation.................................. 59,263,800
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...................... 1,815,600
Chaldean community foundation.......................... 100
Indigent burial........................................ 4,209,200
Emergency services local office allocations............ 21,615,500
Regulated day care services............................ 116,967,900
Unregulated day care services.......................... 105,850,400
Day care services grants and contracts................. 3,025,000
Day care training, technology and oversight--20.0
FTE positions........................................ 2,590,900
Refugee assistance program--7.0 FTE positions.......... 24,258,200
GROSS APPROPRIATION.................................... $ 4,543,194,300
Appropriated from:
Federal revenues:
Federal - emergency TANF contingency fund revenues
(ARRA)............................................... 225,647,700
Federal supplemental nutrition assistance revenues
(ARRA)............................................... 566,785,600
Total other federal revenues........................... 3,488,663,100
Special revenue funds:
Child support collections.............................. 27,445,800
Supplemental security income recoveries................ 15,206,600
Public assistance recoupment revenue................... 7,010,000
State general fund/general purpose..................... $ 212,435,500
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 95,965,700
Child support automation............................... 45,631,000
GROSS APPROPRIATION.................................... $ 141,596,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 102,921,700
Special revenue funds:
State general fund/general purpose..................... $ 38,675,000
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 $974,505,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $110,571,500.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 104,044,100
County juvenile officers............................... 3,657,600
State disability assistance payments................... 2,159,200
Child support enforcement operations................... $ 583,200
TOTAL.................................................. $ 110,571,500
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 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 the 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. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will render a state department or agency unable to
deliver basic services, will cause loss of revenue to the state,
will result in the inability of the state to receive federal funds,
or will necessitate additional expenditures that exceed any savings
from maintaining a vacancy. The state budget director shall report
quarterly to the chairpersons of the senate and house standing
committees on appropriations the number of exceptions to the hiring
freeze approved during the previous quarter and the reasons to
justify the exception.
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. The department shall
identify which FTEs are designated as limited-term 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. 219. The department shall not approve the travel of more
than 1 departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from the department to attend or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
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. 225. The department shall maintain a rapid
redetermination process for nursing home residents whose Medicaid
stay is greater than 90 days. This process shall be implemented not
later than September 30 of the current fiscal year.
Sec. 227. The department, with the approval of the state
budget director, is authorized to realign sources of financing
authorizations in order to maximize temporary assistance for needy
families' maintenance of effort countable expenditures. This
realignment of financing shall not be made until 15 days after
notifying the chairs of the house and senate appropriations
subcommittees on the department budget and house and senate fiscal
agencies, and shall not produce an increase or decrease in any
line-item expenditure authorization.
Sec. 259. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
DTMB for technology-related services and projects. Such user fees
shall be subject to provisions of an interagency agreement between
the department and the DTMB.
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. 271. (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. 273. (1) The department shall report quarterly 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. 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 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. During the annual budget
presentation, the department shall provide the senate and house
appropriations subcommittees on the department budget with the
measurable performance indicators, desired outcomes, and the
assessment of the quality of services provided for each contract
relating to human services entered into by the department during
the current fiscal year.
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 department's information technology improvement
initiatives. 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 information
technology 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. 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.
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.
Sec. 289. The department shall pay a private child placing
agency all verified and agreed to overdue payments for foster care
and juvenile justice services provided to eligible youth under
contract with the department.
Sec. 291. Of funds appropriated in part 1, no money shall be
allocated or expended to the Michigan home based child care
council, or a successor organization, nor shall any payment be made
to the grantee designated by the agency grant designation ADMIN 10-
99009 as reported on the grant abstract used by the Michigan state
administrative board.
Sec. 292. The department shall not expend money appropriated
in part 1 for the processing, distribution, transfer, or dispersal
of any money equivalent to or representing union dues for any
contract to which the state is not a party.
Sec. 293. The department may use money from the money
appropriated in part 1 to strengthen marriage and family relations
through the practice of marriage and family therapy for
individuals, families, couples, or groups. The goal of the therapy
shall be strengthening families by helping them avoid, eliminate,
relieve, manage, or resolve marital or family conflict or discord.
Sec. 295. (1) From the money appropriated in part 1 for
information technology services and projects, the department shall
allocate $300,000.00 to modify the "Bridges" eligibility system to
permit greater cooperation between the department of state police
and department's office of inspector general in identifying
individuals with criminal justice disqualifications for program
eligibility inappropriately accessing benefits.
(2) The department shall ensure that the integration of the
"Bridges" eligibility system into the law enforcement information
network system is completed by July 1, 2011.
(3) By September 1 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees
on the department budget and the senate and house fiscal agencies
and policy offices on the number of individuals with criminal
justice disqualifications inappropriately accessing benefits that
were identified through the use of the "Bridges" and the law
enforcement information network system.
Sec. 296. Not later than October 15, 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. The department shall, with assistance from the
department of community health, provide a report to the senate and
house appropriations subcommittees on the department budget, the
senate and house committees with primary jurisdiction over matters
of health policy, the senate and house fiscal agencies, and the
senate and house policy offices describing money collected through
Medicaid estate recovery efforts and proposed changes to section
112g of the social welfare act, 1939 PA 280, MCL 400.112g, that
could increase collections through Medicaid estate recovery.
EXECUTIVE OPERATIONS
Sec. 306. From the money appropriated in part 1 for
demonstration projects, the department shall allocate $100.00 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 center shall submit quarterly reports to the
department detailing expenditures from this appropriation and
reviewing program outcomes including the number of families served
through counseling, respite care, and other services as well as the
number provided with information on kinship care. The department
shall submit each quarterly report to the house and senate
appropriations subcommittees on the department budget by January
15, April 15, July 15, and October 15 of each year.
Sec. 307. (1) Of the money appropriated in part 1 for
demonstration projects, $550,000.00 shall be distributed as
provided in subsection (2). The amount distributed under this
subsection shall not exceed 50% of the total operating expenses of
the program described in subsection (2), with the remaining 50%
paid by local United Way organizations and other nonprofit
organizations and foundations.
(2) Money distributed under subsection (1) shall be
distributed to Michigan 2-1-1, a nonprofit corporation organized
under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code, 26 USC 501,
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, $100.00 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. (1) The department shall administer licensing and
regulation of licensees with the following standards:
(a) The highest priority shall be given to licensing
activities that present the highest risk to vulnerable children or
adults receiving services of licensees.
(b) Licensees shall be required to adhere to state law and
departmental policy.
(c) The department shall use performance standards and
measures that are clearly explained to licensees or providers.
(d) The department shall use goals of higher quality, greater
efficiency, and wider availability of services.
(e) The department shall provide clear and known opportunities
for licensees and providers to raise questions or concerns about
regulations and enforcement.
(f) The department shall provide effective outlets for judges
and court employees to communicate and receive attention to
concerns or questions about licensed or regulated providers.
(2) The department shall use standards and measures similar to
those in subsection (1) for services it provides or administers
that are similar to those provided by licensees.
Sec. 313. From the money appropriated in part 1 for
demonstration projects, the department shall allocate $500,000.00
to spectrum health system for operation of a pilot program to
target clinic-based health care services to individuals who have
frequently accessed health services in the prior year through the
hospital emergency department.
ADULT AND FAMILY SERVICES
Sec. 415. (1) In expending money appropriated in part 1 for
the fatherhood initiative, the department may contract with
independent contractors from various counties, including, but not
limited to, faith-based and nonprofit organizations. Preference
shall be given to independent contractors that provide at least 10%
in matching funds, through any combination of local, state, or
federal funds or in-kind or other donations. However, an
independent contractor that cannot secure matching funds shall not
be excluded from consideration for the fatherhood program.
(2) The department may choose providers that will work with
counties to help eligible fathers under TANF guidelines to acquire
skills that will enable them to increase their responsible behavior
toward their children and the mothers of their children. An
increase of financial support for their children should be a very
high priority as well as emotional support.
(3) A fatherhood initiative program established under this
section shall minimally include at least 3 of the following
components: promoting responsible, caring, and effective parenting
through counseling; mentoring and parental education; enhancing the
abilities and commitment of unemployed or low-income fathers to
provide material support for their families and to avoid or leave
welfare programs by assisting them to take advantage of job search
programs, job training, and education to improve their work habits
and work skills; improving fathers' ability to effectively manage
family business affairs by means such as education, counseling, and
mentoring in household matters; infant care; effective
communication and respect; anger management; children's financial
support; and drug-free lifestyle.
(4) The department is authorized to make allocations of TANF
funds, of not more than 20% per county, under this section only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
(5) Upon receipt of the promotion of responsible fatherhood
funds from the United States department of health and human
services, the department shall use the program criteria set forth
in subsection (3) to implement the program with the federal funds.
Sec. 416. (1) In expending money appropriated in part 1 for
the marriage initiative, the department may contract with
independent contractors from various counties, including, but not
limited to, faith-based and nonprofit organizations. Preference
shall be given to independent contractors that provide at least 10%
in matching funds, through any combination of local, state, or
federal funds or in-kind or other donations. However, an
independent contractor that cannot secure matching funds shall not
be excluded from consideration for a marriage initiative program.
(2) The department may choose providers to work with counties
that will work to support and strengthen marriages of those
eligible under the TANF guidelines. The areas of work may include,
but are not limited to, marital counseling, domestic violence
counseling, family counseling, effective communication, and anger
management as well as parenting skills to improve the family
structure.
(3) A marriage initiative program established under this
section may include, but is not limited to, 1 or more of the
following: public advertising campaigns on the value of marriage
and the skills needed to increase marital stability and health;
education in high schools on the value of marriage, relationship
skills, and budgeting; premarital, marital, family, and domestic
violence counseling; effective communication; marriage mentoring
programs which use married couples as role models and mentors in
at-risk communities; anger management; and parenting skills to
improve the family structure.
(4) The department is authorized to make allocations of TANF
funds, of not more than 20% per county, under this section only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
(5) Upon receipt of the healthy marriage promotion grant from
the United States department of health and human services, the
department shall use the program criteria set forth in subsection
(3) to implement the program with the federal funds.
Sec. 418. From the funds appropriated in part 1 for employment
and training support services, the department may expand the
availability of individual development accounts (IDAs) with
$200,000.00 for allocation to qualified IDA programs established
through the Michigan IDA partnership to serve TANF-eligible
households in Michigan. The Michigan IDA partnership shall
encourage each TANF-eligible household served to claim the federal
and state earned income tax credit (EITC) and to incorporate all or
part of any tax credit received in the household's IDA savings
plan, and shall provide the household with information concerning
available free tax assistance resources. In addition, the Michigan
IDA partnership and its program sites shall participate in
community EITC coalitions established under the plan to increase
the EITC participation of TANF families referenced in section 666.
The same amount shall be appropriated annually to further expand
IDA opportunities to low-income families to become more financially
self-sufficient through financial education, saving, wise
investment in home ownership, postsecondary education, small
business development, or a combination of those programs.
Sec. 419. The department in collaboration with the Michigan
State University center for urban affairs and its partner
organizations, the Michigan credit union league and the national
federation of community development credit unions, shall further
the work begun in fiscal year 1999-2000 that implemented the
individual development accounts programs in the growing number of
low-income designated credit unions, i.e., community development
credit unions (CDCUs) located in this state's poorest communities.
This further work will extend capacity-building and technical
assistance services to existing and emerging CDCUs serving low-
income populations and will include:
(a) Creation of a Michigan-based support system for the
capacity-building of existing and emerging CDCUs serving low-income
individuals and families, including development and testing of
training, technical assistance, and professional development
initiatives and related materials, and other capacity-building
services to Michigan CDCUs.
(b) Other related support to assist existing and emerging
CDCUs in becoming self-supporting institutions to assist
impoverished Michigan residents in becoming economically
independent.
(c) Training and technical assistance to CDCUs in the
development of support services, such as economic literacy, credit
counseling, budget counseling, and asset management programs for
low-income individuals and families.
Sec. 423. (1) From the money appropriated in part 1 for crisis
prevention and senior food aid projects, the department shall
allocate $75,000.00 to support ongoing efforts in Barry County to
provide programs to women or children, or both, facing crisis
situations as a result of domestic violence or abuse.
(2) 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.
(3) Of the funds appropriated in part 1 for crisis prevention
and senior food aid projects, the department shall allocate $100.00
for a food aid outreach project in Muskegon County and $100.00 for
a food aid outreach project in Kent County.
CHILDREN'S SERVICES
Sec. 501. During the current fiscal year, 85% or more of
children who have been in care for 1 year or longer while legally
available for adoption or with an established goal of reunification
with their families shall be permanently placed. During the annual
budget presentation, the department shall report on the number of
children supervised by the department and by private agencies who
remain in foster care more than 12 and less than 24 months and
those who remain in foster care 24 months or more.
Sec. 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. 504. The department will ensure that children aged 14
years and older in foster care and youth transitioning from foster
care to adulthood have access to the range of supportive services
necessary to support their preparation for and successful
transition to adulthood, including, but not limited to, independent
living services eligible for federal reimbursement under the Chafee
program, and shall maintain sufficient resources to deliver
independent living services to all children in foster care custody
of the department who qualify for them.
Sec. 505. (1) The department shall continue to implement a
plan to provide client-centered results-oriented foster care
programs.
(2) The department shall provide a quarterly report to the
senate and house appropriations subcommittees on the department
budget and the senate and house fiscal agencies and policy offices
outlining this state's performance in meeting the mandated measures
for placement stability, timeliness of reunification, permanency of
reunification, and timeliness of adoptions and other measures
mandated in the children's rights settlement agreement.
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
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 or 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 provided by the department and child
placing agencies. The goal of these models shall be to ensure that
foster care services are provided in a manner that increases the
state's compliance with CFSR and children's rights settlement
agreement goals. Not later than March 30 of the current fiscal
year, the department shall provide an update to the senate and
house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the office
of the state budget on benchmarks developed in conjunction with
private providers for this performance model and county
representatives from Genesee, Kent, Macomb, Oakland, and Wayne
Counties, results the department or child placing agencies have
achieved in improving permanency placements, and recommendations
for further improvements for foster care services across the entire
state.
Sec. 517. (1) From the money appropriated in part 1, the
department is authorized to allocate money to multipurpose
collaborative bodies. Priority for activities and services will be
given to 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) Money appropriated in part 1 for zero to three shall be
used to fund secondary prevention programs as defined in the
children's trust fund's preapplication materials for direct
services grants for the current fiscal year.
(3) The department shall demonstrate that the planned services
are part of the community's integrated comprehensive family support
strategy endorsed by the community collaborative and, where there
is a great start collaborative, demonstrate that the planned
services are part of the community's great start strategic plan.
Sec. 523. (1) The department shall report on prevention
programs for which money is appropriated in part 1 to the senate
and house appropriations subcommittees on the department budget
during the annual budget presentation. The report shall contain all
of the following for each program:
(a) The average cost per recipient served.
(b) Measurable performance indicators.
(c) Desired outcomes or results and goals that can be measured
on an annual basis, or desired results for a defined number of
years.
(d) Monitored results.
(e) Innovations that may include savings or reductions in
administrative costs.
(2) From the money appropriated in part 1 for youth in
transition, domestic violence prevention and treatment, and teenage
parent counseling, the department is authorized to make allocations
of TANF funds only to agencies that report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements.
(3) An agency that receives teenage parent counseling money
shall provide at least 10% in matching funds, through any
combination of local, state, or federal money or in-kind or other
donations.
Sec. 532. (1) The department, in collaboration with
representatives of private child and family agencies, shall revise
and improve the annual licensing review process and the annual
contract compliance review process for child placing agencies and
child caring institutions. The improvement goals shall be safety
and care for children. Improvements to the review process shall be
directed toward alleviating administrative burdens so that agency
resources may be focused on children. The revision shall include
identification of duplicative staff activities and information
sought from child placing agencies and child caring institutions in
the annual review process. The department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on or before January 15 of the
current fiscal year on the findings of the annual licensing review.
(2) The department shall conduct licensing reviews no more
than once every 2 years for child placing agencies and child caring
institutions that are nationally accredited and have no outstanding
violations.
(3) 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. 537. The department, in collaboration with child placing
agencies, shall develop a strategy to implement section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o. The strategy shall
include a requirement that a department caseworker responsible for
preparing a recommendation to a court concerning a juvenile
placement shall provide, as part of the recommendation, information
regarding the requirements of section 115o of the social welfare
act, 1939 PA 280, MCL 400.115o.
Sec. 539. The department shall work in collaboration with
representatives from child placing agencies to ensure appropriate
placement for children who have been adjudicated abused, neglected,
or delinquent and for whom residential treatment is required. The
department and the representatives from the child placing agencies
shall focus on statewide placement criteria to address the best
interests of the child in need of services. The placement criteria
shall include a continuum of care settings and options as
appropriate for each child and his or her needs at specific times,
including home placements, relative placements, shelter placements,
and other options.
Sec. 540. The department shall issue a request for proposals
for treatment foster care services and/or group homes within
Genesee, Kent, Macomb, Oakland, and Wayne Counties no later than
January 1 of the current fiscal year. The request for proposals for
treatment foster care shall be based on standards established by
the legislatively established public/private specialized foster
care subcommittee in 2005. Each nonprofit agency that has an
existing foster care contract with the state of Michigan shall be
eligible to respond to the request for proposals, with a goal that
services be part of a continuum of services offered by the
nonprofit agency.
Sec. 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 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.
(4) Beginning April 1 of the current fiscal year, for children
not eligible for title IV-E funding, 55% of the cost of paying
administrative rates from the child care fund under subsections (1)
and (2) shall be funded with state money and any available federal
money. Counties shall pay the remaining 45% of the cost of paying
the administrative rates.
Sec. 547. (1) Beginning April 1 of the current fiscal year,
the department shall establish a $40.00 administrative rate for
foster care and independent living services delivered directly by
the department through the child care fund.
(2) For children who are not eligible for title IV-E funding
through the child care fund, 55% of the cost of paying the
administrative rate under subsection (1) shall be funded with state
money and any available federal money. Counties shall pay the
remaining 45% of the cost of paying the administrative rate.
(3) For children who are not eligible for title IV-E funding,
55% of the cost of family foster care maintenance payments and
independent living maintenance payments provided through family
foster care and from the child care fund shall be funded with state
money and any available federal money. Counties shall pay the
remaining 45% of the cost of the payments.
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 report 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. 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.
Sec. 565. (1) From the funds appropriated in part 1 for
federally funded family preservation programs, the department shall
allocate $2,000,000.00 to Wayne County to provide home-based
programs as part of the county expansion of community-based
services to serve the county's adjudicated delinquent and abused
and neglected youth.
(2) Federal revenues shall be paid to Wayne County as
reimbursement for actual costs incurred, consistent with
established federal requirements.
(3) As a condition of receipt of federal funds pursuant to
subsection (1), Wayne County shall provide the department with a
plan for the use of allocated funds in a format to be specified by
the department. The county shall also provide the department with
all information required to demonstrate the appropriateness and
allowability of expenditures and to meet federal financial and
programmatic reporting requirements.
Sec. 566. (1) 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
assistance under this program to children who are eligible under
section 3 of the guardianship assistance act, 2008 PA 260, MCL
722.873.
(2) The department shall make money available to children who
are receiving services from the department at the time a guardian
is appointed for the child, if the court appointing the guardian
considers it necessary to continue those services for the success
of the guardianship.
(3) The department may provide money to eligible children in
the subsidized guardianship program on an as-needed basis or in the
form of a 1-time payment to promote permanency for children.
(4) 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
agencies shall receive $16,000.00 for each finalized placement
under the program.
Sec. 574. (1) From the money appropriated in part 1 for foster
care payments – abuse and neglect, $2,500,000.00 is allocated to
support contracts with child placing agencies to facilitate the
licensure of relative caregivers as foster parents. Agencies shall
receive $2,300.00 for each facilitated licensure. The agency
facilitating the licensure would retain the placement and continue
to provide case management services for at least 50% of the newly
licensed cases for which the placement was appropriate to the
agency. Up to 50% of the newly licensed cases would have direct
foster care services provided by the department.
(2) From the money appropriated for foster care payments,
$375,000.00 is allocated to support family incentive grants to
private and community-based foster care service providers to assist
with home improvements or payment for physical exams for applicants
needed by foster families to accommodate foster children.
Sec. 575. (1) Of the 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.
(3) As a condition for receiving appropriated money, the
department and the office of the friend of the court shall work in
cooperation to provide support services to families of custodial
parents who have been awarded child support from a parent who is
incarcerated.
(4) As part of the quarterly reports required by section 582,
the department shall provide a report to the house and senate
appropriations subcommittees with jurisdiction over the department
budget, the house and senate fiscal agencies, and the house and
senate policy offices on the specific cultural sensitivity training
and awareness efforts, family preservation and reunification
efforts.
Sec. 577. From the money appropriated in part 1, the
department may allow a community collaborative to use strong
families safe children program funds for a prevention program that
meets standards agreed upon between the community collaborative and
county department offices in accordance with federal regulations
regarding expenditure of strong families safe children program
funds.
Sec. 578. The department and child placing agencies shall
utilize a standardized assessment tool to ensure greater
cooperation between the department and the department of community
health and to measure the mental health treatment needs of every
child supervised by the department. The department shall use the
results of this assessment process to determine what services are
to be provided to the child while under department supervision.
Sec. 580. The department and the department of community
health shall initiate efforts to identify mental health programs
and activities where the services of the 2 departments overlap, or
are uncoordinated. The goal shall be to provide adequate and stable
mental health services which address the need of the individual
child without duplicative, confusing, or needlessly complex
services. The department shall report on these coordination efforts
with the department of community health during the annual budget
presentations to the senate and house appropriations subcommittees
with jurisdiction over the department budget.
Sec. 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
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 staffing to a level sufficient to meet the
15:1 cases-to-worker ratio requirements for adoption workers within
the children's rights settlement agreement.
Sec. 582. On the last working day of January, April, July, and
November, for the preceding fiscal quarter, 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. 588. (1) Concurrent with public release, the department
shall transmit all reports from the court-appointed settlement
monitor, including, but not limited to, the needs assessment and
period outcome reporting, to the state budget office, the senate
and house appropriations subcommittees on the department budget,
and the senate and house fiscal agencies, without revision.
(2) The department shall report monthly to the state budget
office, the senate and house appropriations subcommittees on the
department budget, and the senate and house fiscal agencies, on the
number of children enrolled in the guardianship assistance and
foster care - children with serious emotional disturbance waiver
programs.
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. 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 all related net recoveries received during the current
fiscal year.
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) From the money appropriated in part 1 for indigent burial,
the department may work with funeral directors to establish a
regional or statewide pilot program that would include the
following elements:
(a) The project shall provide funding only for the direct
cremation of bodies of indigent persons that are not claimed by a
person who has the right to control the disposition of the body.
(b) The payment to a funeral director for these services shall
be $800.00 plus mileage reimbursement for transportation costs at
the standard rate established by the department of technology,
management, and budget for travel reimbursement for nonstate
vehicles and the cost of the cremation permit.
(c) The department may deviate from the payment limits
established in subsection (1) in making payments under the program.
(d) The department shall forward a copy of the program to the
senate and house of representatives appropriations subcommittees
with jurisdiction over the department budget.
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. 640. (1) From the funds appropriated in part 1 for child
development and care services, the department may continue to
provide infant and toddler incentive payments to child development
and care providers serving children from 0 to 2-1/2 years of age
who meet licensing or training requirements.
(2) The use of the funds under this section should not be
considered an ongoing commitment of funding.
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- and after-school program
targeted to children in kindergarten through ninth grade. To be
eligible to be part of the statewide program, a program must serve
geographic areas near school buildings that do not meet federal no
child left behind annual yearly progress (AYP) requirements and be
included in the AYP plans of the affected school districts 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 require an applicant for before- and
after-school funding under this section to demonstrate how its
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.
(3) The department shall evaluate each before- and after-
school program that is part of the statewide program with special
emphasis on the academic accomplishments and attendance records of
program participants.
Sec. 659. The department may provide staff support to the Kent
school services network to assist in addressing the multiple needs
of children and families at community schools. The department may
also participate in the expansion of this program in Kent County as
well as other areas of the state that may use the Kent school
services network program as a model.
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. 671. Not later than January 1, 2011, the department shall
impose a sanctions policy for criminal or fraudulent behavior for
the child development and care program.
Sec. 672. The department shall report to the senate and house
of representatives appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and
house policy offices by May 1 of the current fiscal year on
department efforts to reduce inappropriate use of electronic
benefit transfer cards. The department shall provide information on
the number of recipients of services who used their electronic
benefit transfer card inappropriately and the current status of
each case.
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 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, $1.85.
(iv) For enrolled providers who do not complete 10 hours of
annual training, $1.60.
(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. 676. (1) The department shall collaborate with the state
board of education to extend the duration of the Michigan after-
school partnership and oversee its efforts to implement the policy
recommendations and strategic next steps identified in the Michigan
after-school initiative's report of December 15, 2003.
(2) From the funds appropriated in part 1, $25,000.00 shall be
used to support the Michigan after-school partnership and to
leverage other private and public funding to engage the public and
private sectors in building and sustaining high-quality out-of-
school-time programs and resources. The co-chairs shall name a
fiduciary agent and may authorize the fiduciary to expend funds and
hire people to accomplish the work of the Michigan after-school
partnership.
(3) Each year, on or before December 31, the Michigan after-
school partnership shall report its progress in reaching the
recommendations set forth in the Michigan after-school initiative's
report to the senate and house committees on appropriations, the
senate and house fiscal agencies and policy offices, and the state
budget director.
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 monthly 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 and an estimate of the
current percentage of FIP cases that meet federal work
participation requirements. 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. 679. If money becomes available, the department shall
provide $250,000.00 to the boys and girls club of Michigan from the
day care grants and contracts line in part 1.
Sec. 683. (1) From the funds appropriated in part 1 for SSI
advocacy, $300,000.00 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 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 ARRA. These federal funds are temporary in nature.
Sec. 696. From the money appropriated in part 1, the
department shall allocate $100.00 to the Chaldean community
foundation. This money shall be utilized to provide translation
services, health care services, youth tutoring and mentoring
programs, and refugee resettlement services.
JUVENILE JUSTICE SERVICES
Sec. 705. (1) The department, in conjunction with private
juvenile justice residential programs, shall develop a methodology
for measuring goals, objectives, and performance standards for the
delivery of juvenile justice residential programs based on national
standards and best practices. The department will provide a unified
data collection mechanism to ensure consistent reporting of
aggregate case information from the courts. These goals,
objectives, and performance standards shall apply to both public
and private delivery of juvenile justice residential programs, and
data shall be collected from both private and public juvenile
justice residential programs that can be used to evaluate
performance achievements, including, but not limited to, the
following:
(a) Admission and release data and other information related
to demographics of population served.
(b) Program descriptions and information related to treatment,
educational services, and conditions of confinement.
(c) Program outcomes including recidivism rates for youth
served by the facility.
(d) Trends in census and population demographics.
(e) Staff and resident safety.
(f) Facility profile.
(2) The department during the annual budget presentation shall
outline the progress of the development of the goals, objectives,
and performance standards, as well as the information collected
through the implementation of the performance measurement program.
The presentation shall include all of the following:
(a) Actual cost and actual days of care by facility for the
most recently completed fiscal year. This report shall also include
the actual number of youth served as well as demographic
information.
(b) Actual cost per day per youth by facility for the most
recently completed fiscal year.
(c) An analysis of the variance between the estimated cost and
days of care assumed in the original appropriation and the figures
in subdivisions (a) and (b).
(d) Both the number of authorized FTE positions for each
facility and the number of actual on-board FTE positions for the
most recently completed fiscal year.
Sec. 706. Counties shall be subject to 50% chargeback for the
use of alternative regional detention services, if those detention
services do not fall under the basic provision of section 117e of
the social welfare act, 1939 PA 280, MCL 400.117e, or if a county
operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 707. In order to be reimbursed for child care fund
expenditures, counties are required to submit department-developed
reports to enable the department to document potential federally
claimable expenditures. This requirement is in accordance with the
reporting requirements specified in section 117a(7) of the social
welfare act, 1939 PA 280, MCL 400.117a.
Sec. 708. As a condition of receiving money appropriated in
part 1 for the child care fund line item, 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. The department
shall approve within 30 calendar days after receipt a properly
completed service spending plan that complies with the requirements
of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
Sec. 717. If money becomes available, the department shall
contract with a public university in this state to conduct a
behavioral health study of juvenile justice facilities operated or
contracted for by this 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 that includes all of the following:
(a) An estimate of the proportion of juvenile justice
detainees with a primary diagnosis of emotional disorder or
addiction disorder.
(b) The proportion of juvenile justice detainees with a
primary diagnosis of emotional disorder or addiction disorder who
are receiving mental health or substance abuse treatment services.
(c) The percentage of juvenile detainees that have previously
received services in a state psychiatric hospital or through a
community mental health agency or a substance abuse coordinating
agency.
(d) Data classifying the types of offenses historically
committed by juvenile justice detainees with a primary diagnosis of
emotional disorder or addiction disorder.
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
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. (1) 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.
(2) From the money appropriated in part 1 for foster care
payments and child care fund, the department shall increase the
daily rates paid to providers of residential services for juvenile
justice and abused or neglected youth in recognition of increased
requirements resulting from the children's rights settlement
agreement. The daily rates for each individual provider shall be
increased by $7.00 over the daily rate paid to that provider as of
January 1, 2010. A provider shall not receive a daily rate below
$137.00. Revenue from the rate increase shall not be used by
providers to increase compensation for executive staff.
Sec. 730. The department shall review and may adjust daily per
diem rates to private providers of juvenile justice services in
recognition of added complex services.
LOCAL OFFICE SERVICES
Sec. 750. The department shall 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. 752. If sufficient funding becomes available from local
sources, the department shall support the operation of 2 additional
family resource centers in Genesee County, 3 additional family
resource centers in Kent County, and 1 additional family resource
center in Ingham County.
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. From the money appropriated in part 1, the
department shall provide $850,000.00 to establish a customer
service resource center. The center will assist in screening calls
to county offices to allow caseworkers to devote more time to
eligibility determination and case management activities. Staff
duties at the call center shall include answering routine inquiries
from clients and applicants and providing application assistance.
DISABILITY DETERMINATION SERVICES
Sec. 801. The department disability determination services in
agreement with the DTMB 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 45 CFR 305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00, then 100% of
the excess shall be retained by the state and is appropriated until
the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive payment to the state from
the federal government is greater than the amount needed to satisfy
the provisions identified in subsections (1), (2), (3), and (4),
the additional funds shall be subject to appropriation by the
legislature.
(6) If the child support incentive payment to the state from
the federal government is less than $26,500,000.00, then the state
and county share shall each be reduced by 50% of the shortfall.
Sec. 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
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. 904. The department is prohibited from charging back to
the counties any of the fees paid that are charged by the internal
revenue service or the department of treasury related to the tax
intercept and offset programs. The state share of those fees shall
be paid from money otherwise provided for office of child support
programs.
Sec. 907. The office of child support in cooperation with the
state court administrative office shall establish a pilot program
to examine the effectiveness of contracting with a public or
private collection agency as authorized under section 10 of the
office of child support act, 1971 PA 174, MCL 400.240. The pilot
program shall be implemented during the current fiscal year. Any
restricted revenue collected pursuant to this section shall not be
expended until the department and representatives from counties and
the friends of the court meet and agree upon recommendations for
use of the revenue. The revenue is subject to appropriation by the
legislature.
Sec. 909. (1) If statewide retained child support collections
exceed $38,300,000.00, 75% of the amount in excess of
$38,300,000.00 is appropriated to legal support contracts. This
excess appropriation may be distributed to eligible counties to
supplement and not supplant county title IV-D funding.
(2) Each county whose retained child support collections in
the current fiscal year exceed its fiscal year 2004-2005 retained
child support collections, excluding tax offset and financial
institution data match collections in both the current year and
fiscal year 2004-2005, shall receive its proportional share of the
75% excess.
(3) Payments to counties participating in projects pursuant to
section 907 shall be reduced by the amount paid to the vendor. This
authorization adjustment shall be made upon notification of the
chairs of the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the
state budget director.
Sec. 910. (1) If title IV-D-related child support collections
are escheated, the state budget director is authorized to adjust
the sources of financing for the funds appropriated in part 1 for
legal support contracts to reduce federal authorization by 66% of
the escheated amount and increase general fund/general purpose
authorization by the same amount. This budget adjustment is
required to offset the loss of federal revenue due to the escheated
amount being counted as title IV-D program income in accordance
with federal regulations at 45 CFR 304.50.
(2) The department shall notify the chairs of the house and
senate appropriations subcommittees on the department budget and
the house and senate fiscal agencies within 15 days of the
authorization adjustment in subsection (1).
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.