SB-0529, As Passed Senate, October 11, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 529

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending section 117c (MCL 400.117c), as amended by 1998 PA 516,

 

and by adding section 117h; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 117c. (1) The county treasurer is designated as the

 

custodian of all money provided for the use of the county family

 

independence agency, department, the family division of circuit

 

court, and the agency designated by the county board of

 

commissioners or, if a county has a county executive, chief

 

administrative officer, or county manager, that individual to

 

provide juvenile justice services. The county treasurer shall

 

create and maintain a child care fund. The following money shall be

 


deposited in the child care fund:

 

     (a) All money raised by the county for the use of the county

 

family independence agency department for the foster care of

 

children with respect to whom the family division of circuit court

 

has not taken jurisdiction.

 

     (b) Money for the foster care of children under the

 

jurisdiction of the family division of circuit court raised by the

 

county with the view of receiving supplementary funds for this

 

purpose from the state government as provided in section 117a.

 

     (c) All funds made available by the state government for

 

foster care of children.

 

     (d) All payments made in respect to support orders issued by

 

the family division of circuit court for the reimbursement of

 

government for expenditures made or to be made from the child care

 

fund for the foster care of children.

 

     (e) All prepayments and refunds for reimbursement of county

 

family independence agencies departments for the foster care of

 

children.

 

     (f) All funds made available to the county for the foster care

 

of children from any other source, except gifts that are

 

conditioned on a different disposition or reimbursements of the

 

general fund.

 

     (f) (g) Money for the foster care of children under the

 

jurisdiction of the court of general criminal jurisdiction

 

committed to a county facility or a court facility for juveniles in

 

the county in which the court of general criminal jurisdiction is

 

located.


     (g) (h) All payments made in respect to support orders issued

 

by the court of general criminal jurisdiction for the reimbursement

 

of government for expenditures made or to be made from the child

 

care fund for the foster care of children.

 

     (2) The child care fund shall be used for the costs of

 

providing foster care for children under sections 18c and 117a and

 

under the jurisdiction of the family division of circuit court or

 

court of general criminal jurisdiction.

 

     (3) The child care fund may be used to pay the county's share

 

of the cost of maintaining children at the Michigan children's

 

institute under 1935 PA 220, MCL 400.201 to 400.214, or public

 

wards under the youth rehabilitation services act, 1974 PA 150, MCL

 

803.301 to 803.309.

 

     (4) The account for the child care fund shall be maintained

 

separate and apart from all other accounts of county funds. The

 

fund shall be used exclusively for carrying out the purposes

 

authorized by this act. The county board of commissioners shall

 

distinguish in its appropriations for the child care fund the sums

 

of money to be used by the family division of circuit court, the

 

county family independence agency, department, and the agency

 

designated by the county board of commissioners or the county

 

executive to provide juvenile justice services. The county

 

treasurer shall keep these segregated in proper subaccounts.

 

     (5) A county annually shall develop and submit a plan and

 

budget for the funding of foster care services to the office for

 

approval. Funds shall not be distributed under section 117a except

 

for reimbursement of expenditures made under an approved plan and


budget. The office shall not approve plans and budget that exceed

 

the amount appropriated by the legislature.Neither the department

 

nor the county shall seek reimbursement for expenditures, except if

 

those expenditures were made under an approved plan and budget or

 

according to department policy.

 

     (6) A county shall make and preserve accurate records of its

 

juvenile justice services and expenditures. Upon the department's

 

request, the information contained in the records shall be

 

available to the office.

 

     (7) Counties shall utilize and make available to the

 

department, upon request, evidence of compliance with the following

 

parameters with regard to child care fund reimbursable claims:

 

     (a) Donated funds may be deposited into the county child care

 

fund and are not subject to offset if either of the following

 

applies:

 

     (i) The donor is not the intended recipient of a contract to

 

be funded by the donated funds.

 

     (ii) The donor is an intended recipient of a contract to be

 

funded by the donated funds and the donor is able to document the

 

source of the money comprising the donated funds.

 

     (b) The following conditions apply to requests for

 

reimbursement of expenditures from the county's donated funds

 

program:

 

     (i) The county shall identify the donor of the funds and shall

 

certify that the donor is not the recipient of a contract funded by

 

the donated funds or the donor is the recipient of a contract

 

funded by the donated funds and has documented the source of the


money comprising the donated funds.

 

     (ii) Donated funds shall be identified by donor, source of

 

money comprising the donated funds, the date the money was provided

 

to the donor, and the date the donated funds were deposited into

 

the county child care fund.

 

     (iii) The county must ensure transparency relating to service

 

delivery by donor-funded providers. The county shall ensure donor-

 

funded providers complete an annual certification of fund

 

eligibility and shall make available to the department the

 

solicitation, evaluation, and selection process of awarding a

 

contract to a donor-funded provider.

 

     (8) (7) This section does not apply to a county that is a

 

county juvenile agency.

 

     Sec. 117h. (1) The department or a county may appeal a

 

determination regarding reimbursement of a child care cost made

 

under this act. The appeal shall be conducted according to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (2) An appeal from a final order issued in an administrative

 

hearing shall be made to the circuit court of Ingham County, which

 

court has jurisdiction with respect to the cases described in

 

subsection (1) as in nonjury cases under the authority provided in

 

section 631 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.631.

 

     Enacting section 1. Section 117d of social welfare act, 1939

 

PA 280, MCL 400.117d, is repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days


after the date it is enacted into law.

 

     Enacting section 3. This amendatory act does not take effect

 

unless Senate Bill No. 530 of the 99th Legislature is enacted into

 

law.