SENATE BILL NO. 105


   January 27, 1999, Introduced by Senators V. SMITH, YOUNG and 
        HART and referred to the Committee on Families, Mental 
        Health and Human Services.



        A bill to amend 1974 PA 150, entitled

   "Youth rehabilitation services act,"

   by amending section 4 (MCL 803.304), as amended by 1988 PA 76.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4.  (1) The department may establish facilities and

 2    programs for the care of state wards.  The department shall

 3    supervise and operate state facilities and programs or contract

 4    for the care of state wards, including institutions, halfway

 5    houses, youth camps, diagnostic centers, regional detention

 6    facilities and treatment centers, group homes, supervision in the

 7    community, or other child welfare services.

 8         (2) The department may utilize the facilities, services, and

 9    personnel of any approved agency of this state and its political

10    subdivisions or of any licensed private agency for the care and

11    rehabilitation of state wards.  The department may contract with


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 1    the  juvenile  FAMILY division of  the
             probate  CIRCUIT court for

 2    the care and rehabilitation of state wards.

 3         (3) The department may supervise a state ward placed in pri-

 4    vate home care.

 5         (4) A state ward under this act may be placed in any facili-

 6    ty, residence, or program described in this section.  If the

 7    department determines the best interests of a state ward require

 8    the involvement of another state agency, other than the depart-

 9    ment of corrections, then the department, together with that

10    agency, shall determine an appropriate care and treatment plan

11    for the state ward.  A state ward may be placed in a mental

12     institution  HEALTH FACILITY by the department
              pursuant to  IN

13    ACCORDANCE WITH the mental health code,  Act No. 258 of the

14     Public Acts of 1974, being sections 330.1001 to 330.2106 of
                       the

15     Michigan Compiled Laws  1974 PA 258, MCL 330.1001
                       TO 330.2106,

16     except when  UNLESS the state ward resides with
             his or her

17    parents.  If the state ward resides with his or her parents,

18     placement  THE DEPARTMENT MAY PLACE THE STATE WARD
             in a mental

19     institution shall be  HEALTH FACILITY ONLY with
             the consent of

20    the custodial parent.  If  such  placement IN A
             MENTAL HEALTH

21    FACILITY occurs UNDER THIS SUBSECTION, the state ward shall be

22    returned to the custody of the department upon release from the

23    mental  institution  HEALTH FACILITY.

24          (5) When necessary, the department may place a state
             ward

25     in a public or private institution or agency incorporated
                       under

26     the laws of another state or country and approved or
                       licensed by





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 1    that state's or country's department of social welfare or

 2     equivalent approving or licensing agency. 




















































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