April 17, 2014, Introduced by Reps. MacGregor, Kurtz, Hooker, Singh, Victory, McCready, Kosowski, Santana, Olumba, Hovey-Wright, Slavens, Kesto and Foster and referred to the Committee on Families, Children, and Seniors.
A bill to amend 2008 PA 525, entitled
"Foster care trust fund act,"
by amending the title and sections 1, 2, 3, 4, 5, 6, and 10 (MCL
722.1021, 722.1022, 722.1023, 722.1024, 722.1025, 722.1026, and
722.1030) and by adding section 7a; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to establish the foster care fostering futures trust
fund in the department of human services; to establish the state
foster
care fostering futures board; to prescribe the powers and
duties
of the state foster care fostering
futures board; to provide
for the distribution of the money from the fund; to prescribe the
powers and duties of certain agencies and officials; and to provide
for appropriations.
Sec. 1. This act shall be known and may be cited as the
"foster
care "fostering futures trust fund act".
Sec. 2. As used in this act:
(a)
"Board" means the state foster care fostering futures
trust fund board created in section 4.
(b)
"Children's ombudsman office" means the children's
ombudsman
office created in section 3 of the children's ombudsman
act,
1994 PA 204, MCL 722.923.
(b) (c)
"Department" means the
department of human services.
(d)
"Foster care programs" means public or private programs
that
provide 24-hour substitute care for a child who is placed out
of
his or her parental or legal guardian's home and under the
supervision
of the department as a temporary or permanent ward of
the
court or public ward placed in a supervising agency's care
under
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.1
to 712A.32, and includes children who cannot remain at home
because
their families are unable to provide minimal care and
supervision.
(c) (e)
"Trust fund" or
"fund" means the foster care fostering
futures trust fund created in section 3.
(f)
"Juvenile justice program" means a public or private
program
where a child is placed out of his or her parental or legal
guardian's
home and under the supervision of the department as a
temporary
ward of the court under chapter XIIA of the probate code
of
1939, 1939 PA 288, MCL 712A.1 to 712A.32, or a temporary public
ward
under the youth rehabilitation services act, 1974 PA 150, MCL
803.301
to 803.309.
(g)
"Local councils" means a public or private community
collaborative
that sets the agenda for local collaborative
activities
for children in, or aging out of, foster care programs
and
juvenile justice programs, that works within the community to
focus
resources on common needs and outcomes of children in foster
care,
and that acts as the common community voice with state
agencies
on issues of strengthening responses to these youths'
needs.
(h)
"Public ward" means either of the following:
(i) That term as defined under section 2 of the youth
rehabilitation
services act, 1974 PA 150, MCL 803.302.
(ii) A youth whose parents' parental rights have been
terminated
and who is legally free for adoption.
Sec.
3. (1) The foster care fostering
futures trust fund is
created in the state treasury as a charitable and educational
endowment fund. Money in the trust fund shall be expended only as
provided in this section. The board shall be the administrator of
the trust fund for auditing purposes and all powers, purposes, and
duties of the trust fund shall be exercised by the board.
(2)
The state treasurer shall credit to the trust fund all
amounts
appropriated for this purpose under section 435 of the
income
tax act of 1967, 1967 PA 281, MCL 206.435, any amounts
received
under section 9 of this act, and interest and earnings
accrued from the saving and investment of that money.
(3) The state treasurer shall direct the investment of the
trust fund.
(4) Not more than 1/2 of the balance of the money contributed
to the trust fund each year, plus the interest and earnings,
excluding unrealized gains and losses, credited to the trust fund
during the previous fiscal year shall be available for disbursement
upon the authorization of the board as provided in section 10.
(5) Money in the trust fund shall be available for
disbursement upon appropriation.
(6) No money shall be expended from the trust fund until the
date that the deposits credited into the trust fund from all
sources as provided under this section equal or exceed
$800,000.00.$500,000.00.
(7) No appropriations shall be made from the trust fund until
the date that the deposits credited into the trust fund from all
sources
equal or exceed $800,000.00.$500,000.00.
(8) All expenses authorized under this act or necessary to
implement this act shall only be funded by the trust fund created
in this section.
(9) Money in the trust fund at the close of the year shall
remain in the trust fund and shall not lapse to the general fund.
(10) The trust fund administrative costs shall not exceed 15%
of the amount in the trust fund over $500,000.00.
Sec.
4. (1) The state foster care fostering
futures trust fund
board is created within the department. The board shall exercise
its powers and duties independently of the department except that
budget, procurement, and related management functions shall be
performed by the director of the department.
(2) The board shall appoint the executive director of the
board.
The executive director shall be a member of the state
classified
civil service. The executive
director shall hire all
staff required to exercise the powers and carry out the duties of
the board. The board shall approve the number of staff members
hired and their job descriptions.
Sec.
5. (1) The board shall consist of 13 5 voting members as
follows:
(a)
The director of the department , the director of community
health,
the children's ombudsman, and
the state treasurer or
designees authorized to speak on their behalf.
(b) A former foster care youth who has graduated from a
college or university.
(c) (b)
Ten Two public members appointed by the governor with
the
advice and consent of the senate. As a group, To the extent
possible, the public members 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) To the extent practicable, be Be representative
of all any
of
the following categories: birth and foster parents, former
foster
care children, the business
community, the religious
community, the legal community, higher education providers,
professional providers of foster care services, and volunteers in
foster care services.
(2)
The term of each the
former foster care youth and both of
the
public member members shall
be 3 years, except that of the
former
foster care youth and the public
members first appointed, 3
the
former foster care youth shall serve
for 3 years, 3 1 public
member
shall serve for 2 years, and 4 1 public member shall serve
for 1 year. A former foster care youth and a public member shall
not serve more than 2 consecutive terms whether partial or full. A
vacancy shall be filled for the balance of the unexpired term in
the same manner as the original appointment.
(3) The governor shall designate a chairperson of the board
from among the public members. The chairperson shall serve in that
position at the pleasure of the governor. The board may elect other
officers and committees as it considers appropriate.
(4) Members of the board shall serve without compensation.
Members of the board may receive reimbursement for necessary travel
and expenses consistent with relevant statutes and the rules and
procedures of the civil service commission and department of
technology, management, and budget.
Sec. 6. (1) The business that the board performs shall be
conducted
at a public meeting of the state board held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Public notice of the time, date, and place of the meeting shall be
given in the manner required by the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275.
(2) A writing prepared, owned, used, in the possession of, or
retained
by the state board in the performance of an official
function shall be made available to the public in compliance with
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 7a. (1) The board shall serve to provide an opportunity
for individuals and organizations to make contributions to go
toward providing scholarships to current and former foster care
youth. The board's primary purpose is to increase contributions and
provide money to colleges as described in subsection (2).
(2) The board shall collaborate with any institution of higher
education in this state that grants associate or baccalaureate
degrees to assist current and former foster care students who have
unmet financial education needs and assist in the effort to create
sustainable futures for those foster care students.
(3) Any funds provided by the board shall only be used for
tuition, fees, room, board, books, supplies, and equipment required
for enrollment.
(4) The board shall meet not less than twice annually at the
call of the chairperson.
(5) The board may enter into contracts with public or private
agencies to fulfill the requirements of this act.
Sec. 10. The board may authorize the disbursement of available
money from the trust fund, upon legislative appropriations, as
provided
in section 3, for the following purposes:
(a)
To fund a private nonprofit or public organization in the
development
or operation of a foster care program if the
organization
demonstrates an ability to match, through money or in-
kind
services, 50% of the amount of any fund money received and the
organization
demonstrates a willingness and ability to provide
program
models and consultation to organizations and communities
regarding
program development and maintenance. The amount and types
of
in-kind services are subject to the approval of the board.
Before
expending any money from the fund, the board shall establish
qualifying
criteria for expending those funds or awarding any
grants
and may specify any conditions for each expenditure or
grant.
(b)
To to fund the board created in section 4 for the
actual
and necessary operating expenses that the board incurs in
performing its duties. Authorizations for disbursement of trust
fund
money under this subsection section
shall be kept at a minimum
in
furtherance of the primary purpose of the trust fund. ,
which is
to
disburse money to encourage the direct provision of services to
foster
care.
Enacting section 1. Sections 7 and 8 of the foster care trust
fund act, 2008 PA 525, MCL 722.1027 and 722.1028, are repealed.