SB-0973, As Passed Senate, November 12, 2014

SUBSTITUTE FOR

SENATE BILL NO. 973

A bill to create the child welfare partnership council; and to

prescribe the powers and duties of the council and certain state

departments and agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the "child

welfare partnership council act".

Sec. 2. As used in this act:

(a) "Child placing agency" means that term as defined in

section 1 of 1973 PA 116, MCL 722.111.

(b) "Continuous quality improvement" means an ongoing process

used to evaluate the effectiveness of child welfare service

provisions using various sources of information to promote

continuous learning and improvement in child welfare practice

within the child welfare system and to promote the use of evidence-

based or evidence-informed programs.

created in section 3.

(d) "Department" means the department of human services.

(e) "Director" means the director of the department.

Sec. 3. (1) The department shall establish and operate a child

welfare partnership council.

(2) The council shall consist of 9 members as follows:

(a) The director or his or her designee.

(b) The director of the department of community health or his

or her designee.

designee.

(d) One member representing private child welfare agencies

appointed by the governor from a list of 3 names submitted by

private child welfare agencies.

(e) Three members representing the public appointed by the

governor. To the extent possible, the public members appointed

under this subdivision shall do all of the following:

(i) Demonstrate knowledge in the area of foster care.

(ii) Be representative of the demographic composition of this

state.

(iii) Be representative of any of the following categories:

Birth and foster parents, former foster care children, professional

providers of foster care services, and volunteers in foster care

services.

(f) One family court judge appointed by the governor from a

list of 3 names submitted by the Michigan probate judges

association and the Michigan judges association.

(g) One county commissioner, county administrator, or court

administrator, appointed by the governor from a list of 3 names

submitted by the Michigan association of counties.

(3) The governor shall appoint a chairperson to serve for 1

year. The council shall appoint the chairperson after the first

year. The chairperson shall not serve more than 3 consecutive 1-

year terms.

(4) Members of the council appointed under subsection (2)(d)

to (g) shall serve for terms of 4 years or until a successor is

appointed, whichever is later, except that of the members first

appointed under subsection (2)(d) to (g), 2 shall serve for 4

years, 2 shall serve for 3 years, and 2 shall serve for 2 years.

(5) If a vacancy occurs on the council, the governor shall

make an appointment for the unexpired term in the same manner as

the original appointment.

(6) An appointment to the council by the governor under this

act takes effect unless the appointment is disapproved by a

majority vote of the members elected to and serving in the senate

within 60 session days after the date of the appointment. Any

appointment disapproved as described in this subsection shall be

filled in the same manner as the original appointment.

Sec. 4. (1) Members of the council shall participate without

compensation. Members of the council may receive reimbursement for

necessary travel and expenses consistent with relevant statutes and

the rules and procedures of the civil service commission and the

department of technology, management, and budget, subject to

available funding.

(2) A member of the council shall discharge the duties of the

position in a nonpartisan manner, in good faith, in the best

interests of children in this state, and with the degree of

diligence, care, and skill that an ordinarily prudent person would

exercise under similar circumstances in a like position. A member

of the council shall not make or participate in making a decision,

or in any way attempt to use his or her position as a member of the

council to influence a decision, on a matter before the council in

which the member is directly or indirectly interested. The council

shall adopt policies and procedures that require members to comply,

and the members of the council shall comply, with the requirements

of this subsection and all of the following:

(a) 1978 PA 566, MCL 15.181 to 15.185.

(b) 1968 PA 318, MCL 15.301 to 15.310, as if he or she were a

state officer.

public servant.

(d) 1973 PA 196, MCL 15.341 to 15.348, as if he or she were a

public officer.

(3) An individual who is not of good moral character or who

has been convicted of, pled guilty or no contest to, or forfeited

bail concerning a felony under the laws of this state, any other

state, or the United States shall not be appointed or remain as a

member of the council.

(4) The governor may remove a council member from office for a

violation of subsection (3).

Sec. 5. (1) The council shall do both of the following:

(a) Based on a data-driven system with data collected by the

department and any other relevant resource, the council shall guide

the ongoing planning, fiscal model, and continuous quality

improvement of a state-administered performance-based child welfare

system, including reviewing relevant data and performance outcomes

to advise the department.

(b) Provide input in the planning and final decision regarding

a plan to reinvest savings that are a result of the system in an

ongoing risk management pool, start-up costs, and performance

incentives.

(2) The council may establish subcommittees of council members

and advisory workgroups composed of public officers, public

employees, legislators, or members of the public who are not

members of the council. The council may adopt, reject, or modify

any recommendations proposed by a subcommittee or an advisory

workgroup.

(3) The business that the council may perform shall be

conducted at a public meeting of the council held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

Sec. 6. Not later than December 1, 2015, and annually after

that, the council shall provide a report to the department, the

chairs of the senate and house appropriations committees, and the

chairs of the senate and house appropriations subcommittees on

human services that makes nonbinding recommendations regarding