September 14, 2004, Introduced by Senators SANBORN, JOHNSON, CROPSEY, OLSHOVE, PATTERSON, BISHOP, GILBERT, SWITALSKI, GOSCHKA and SCHAUER and referred to the Committee on Judiciary.
A bill to amend 1974 PA 150, entitled
"Youth rehabilitation services act,"
by amending section 4 (MCL 803.304), as amended by 1998 PA 517.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4. (1) A youth agency may establish facilities and
2 programs for the care of public wards. A youth agency shall
3 supervise and operate facilities and programs or contract for the
4 care of public wards, including institutions, halfway houses,
5 youth camps, diagnostic centers, regional detention facilities
6 and treatment centers, group homes, supervision in the community,
7 or other child welfare services.
8 (2) A youth agency may utilize the facilities, services, or
9 personnel of any an
approved agency of this state and or its
10 political subdivisions or
of any a licensed private agency for
11 the care and rehabilitation of public wards. A youth agency may
1 contract with the family division of circuit court for the care
2 and rehabilitation of public wards.
3 (3) A youth agency may supervise a public ward placed in
4 private home care.
5 (4) A public ward may
be placed in any a facility,
6 residence, or program described in this section. If the youth
7 agency determines the best interests of a public ward require the
8 involvement of another state or county entity, other than the
9 department of
corrections, then the youth agency and that state
10 or county entity shall determine an appropriate care and
11 treatment plan for the public ward. A youth agency may place a
12 public ward in a mental institution
health facility under the
13 mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, unless
14 the public ward resides with his or her parents. If the public
15 ward resides with his or
her parents, placement the department
16 may place the public ward
in a mental institution requires
17 health facility only with the consent of the custodial parent.
18 If placement in a mental institution
health facility occurs
19 under this subsection, the public ward shall be returned to the
20 youth agency's custody
upon release from the mental institution
21 health facility.
22 (5) When
necessary, a A youth agency may place a public
23 ward in a public or
private an out-of-state institution or
24 agency incorporated
under the laws of another state or country
25 and approved or
licensed by that state's or country's approving
26 or licensing agency,
provided that if the program in
which the
27 youth agency seeks to place a public ward meets licensing laws,
1 requirements, and rules required for the placement of a public
2 ward with a public or private institution or agency in Michigan
3 . However, if 1 or
more appropriate juvenile residential care
4 providers located or
doing business in this state have bed space
5 available, the youth
agency shall use that space rather than a
6 space available by a
provider located or doing business in
7 another state. This
requirement does not apply if the provider
8 located or doing
business in another state offers a specialized
9 program that is not
available in this state. For purposes of
10 placements by the
department only, "appropriate juvenile
11 residential care
provider" means a private nonprofit entity
12 domiciled in this
state that is licensed by the department of
13 consumer and industry
services and that entered into 1 or more
14 contracts with the
department to provide residential care
15 services for youths on
or before the effective date of the
16 amendatory act that
added this sentence. and either
of the
17 following applies:
18 (a) The cost of maintaining a public ward in an out-of-state
19 institution or agency is less than the cost to maintain the
20 public ward in a facility or program located in this state.
21 (b) The out-of-state institution or agency is considered by
22 the youth agency to be a greater benefit to the public ward than
23 an available facility or program located in this state.
24 (6) As used in this section, "out-of-state institution or
25 agency" means a public or private institution or agency
26 incorporated under the laws of another state and approved or
27 licensed by that state's approving or licensing agency.