FOSTER PARENTS BILL OF RIGHTS                                       H.B. 4649 (H-2) & 4650 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 4649 (Substitute H-2 as reported without amendment)

House Bill 4650 (Substitute S-1 as reported)

Sponsor:  Representative Kevin Cotter (H.B. 4649)

               Representative Ben Glardon (H.B. 4650)

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

House Bill 4649 (H-2) would create the "Foster Parent's Bill of Rights Law" within the Foster Care and Adoption Services Act to do the following:

-- Require a supervising agency to ensure that each foster parent had access to or received certain resources, support, and information, including, for example, timely financial reimbursement, advanced notice of a child's move from a foster home, and information before placement of a child's behavior or other relevant issues that could affect how care was provided.

-- Require a supervising agency to maintain a written policy describing the grievance procedure for foster parents and prospective adoptive parents.

-- Allow foster parents to file a grievance with the supervising agency with regard to the information and resources received.

-- Allow foster parents to request an administrative hearing and file a complaint with the Children's Ombudsman.

-- Require the Department of Human Services (DHS) to compile and submit to the Legislature an annual report regarding grievances and administrative hearings.

House Bill 4650 (S-1) would amend the Children's Ombudsman Act to allow the Children's Ombudsman, upon his or her own initiative or upon the receipt of a complaint and subject to an appropriation of funds, to investigate an alleged violation of the proposed Foster Parent's Bill of Rights Law.

House Bill 4650 (S-1) is tie-barred to House Bill 4649, and both bills would take effect October 1, 2014.

MCL 722.953 et al. (H.B. 4649)                                           Legislative Analyst:  Jeff Mann

       722.922 et al. (H.B. 4650)

FISCAL IMPACT

House Bill 4649 (H-2) would not have a fiscal impact on State or local government. The Department would be required to make certain services available to foster parents, including some that are already in place. The Department does not anticipate additional costs as a result of any new requirements.

House Bill 4650 (S-1) could result in additional costs to the Office of the Children's Ombudsman as a result of investigating violations of the Foster Parent's Bill of Rights Law. Additional costs could result from the need for the Ombudsman to hire additional staff to conduct these investigations. The bill provides that the Ombudsman's investigations would be subject to an appropriation; however, the cost is indeterminate and dependent on the number of additional staff hired. Based on current statewide averages, the annual cost for any FTE is an estimated $85,000 gross ($45,000 GF/GP) annually for salary, wages, and benefits.

Date Completed:  9-30-14                                                 Fiscal Analyst:  Frances Carley

Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.