HB 4807

substitute for
House BILL NO. 4807
A bill to amend 1982 PA 250, entitled
"Child abuse and neglect prevention act,"
by amending the title and sections 2, 3, 4, 9, 10, and
12 (MCL 722.602, 722.603, 722.604, 722.609, 722.610, and 722.612), section 2 as
amended by 2018 PA 60 and section 4 as amended by 2005 PA 82.
the peoplE of the state of michigan enact:
TITLE
An act to establish the state child abuse and neglect prevention children trust Michigan board; to provide the powers and duties of the state child abuse and neglect
prevention children
trust Michigan board; and to
prescribe the powers and duties of certain state departments.and local governmental officers and entities.
Sec. 2. (1) As used in this act:
(a)
"Child" means a person an individual under 18 years of age.
(b) "Child
abuse" means harm or threatened harm to a child's health or welfare by a
person responsible for the child's health or welfare, which harm occurs or is
threatened through nonaccidental physical or mental injury; or sexual abuse, which includes a violation of
section 145c of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(c) "Local council" means an organization that
meets the criteria described in section 10(a).
(c) (d) "Neglect"
means harm to a child's health or welfare by a person responsible for the
child's health or welfare that occurs through negligent treatment, including
the failure to provide adequate food, clothing, shelter, or medical care,
though financially able to do so, or the failure to seek financial or other
reasonable means to provide adequate food, clothing, shelter, or medical care.
(e) "State board" means the state child abuse and
neglect prevention board created in section 3.
(d) "Prevention partner" means an organization that meets the
criteria described in section 10(a).
(e) (f) "Prevention
program" means a system of direct provision of child abuse and neglect
prevention services to a child, parent, or guardian, and may include research
programs related to prevention of child abuse and neglect.
(f) "State board" means the children trust Michigan board created
in section 3.
(g) "Trust
fund" means the children's trust fund established in the department of
treasury.
Sec. 3. (1) The state child
abuse and neglect prevention children trust
Michigan board is created as an autonomous agency within the department of management and budget. health
and human services. The state board shall exercise its powers and duties
independently of the director of the department of management
and budget health and human services except
that budget, procurement, and related management functions shall must be
performed by the director of the department of management
and budget.health and human services.
(2) The state board
shall appoint the executive director of the state board. The executive director
shall be a member of the state classified civil service.
(3) The state board may partner with a fundraising entity including, but
not limited to, a nonprofit organization that is tax-exempt under section
501(c)(3) of the internal revenue code of 1986, 26 USC 501, in accordance with
state and federal requirements to ensure that the board deliver on its mission
to fundraise and maximize the prevention of child abuse and neglect.
(4) (3) The
executive director shall hire all staff required to exercise the powers and
carry out the duties of the state board. The state board shall approve the
number of staff members hired and their job descriptions.
Sec. 4. (1) The state board shall be composed of the
following members:
(a) The director of
the department of health and human services,
the director of community health, the children's services administration, the
superintendent of public instruction, and the director of the department of
state police, or designees authorized to speak on their behalf.
(b) Eleven public
members appointed by the governor with the advice and consent of the senate. As
a group, the public members shall do all of the following:
(i) Demonstrate knowledge in the area of
child abuse and neglect prevention.
(ii) Be representative of the demographic
composition of this state.
(iii) To the extent practicable, be
representative of all of the following categories: parents,
organized
(A) Parents.
(B) Organized labor. labor, the
(C) The business
community. , the
(D) The religious
community. , the
(E) The legal
community. ,
professional
(F) Professional providers
of child abuse and neglect prevention services. , and volunteers
(G) Volunteers in
child abuse and neglect prevention services.
(2) The term of
each public member shall be is 3 years, except that of the public members first
appointed, 3 shall serve for 3 years, 3 for 2 years, and 4 for 1 year. A public
member shall not serve more than 2 consecutive terms whether partial or full. A
vacancy shall must 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 state board from among the public members.
The chairperson shall serve in that position at the pleasure of the governor.
The state board may elect other officers and committees as it considers appropriate.
(4) The actual and
necessary per diem compensation and the schedule for reimbursement of expenses
for the public members of the state board shall be is the same as is established annually by the
legislature for similar boards that are reimbursed from the general fund. The
compensation and reimbursement, executive director and staff salaries, and all
actual and necessary operating expenses of the state board shall must be paid
from the trust fund, according to an authorization as provided in section 9.
Sec. 9. (1) The state board may authorize the
disbursement of available money from the trust fund, upon legislative
appropriations, for exclusively the following purposes
, which that
are listed in the order of preference for expenditure:
(a) To fund a
private nonprofit or public organization in the development or operation of a
prevention program if at least all of the following conditions are met:
(i) The appropriate local council has
reviewed and approved the program. This subparagraph does not apply if a local
council does not exist for the geographic area to be served by the program.
(i) (ii) The
organization demonstrates an ability to match, through money or in-kind
services, 50% of the amount of any trust fund money received. The amount and
types of in-kind services are subject to the approval of the state board.
(ii) (iii) The
organization demonstrates a willingness and ability to provide program models
and consultation to organizations and communities regarding program development
and maintenance.
(iii) (iv) Other
conditions that the state board may deem consider appropriate.
(b) To fund local councils.prevention
partners.
(c) To fund the
state board created in section 3 for the
actual and necessary operating expenses that the state
board incurs in performing its duties.
(2) Authorizations
for disbursement of trust fund money under subsection (1)(c) shall must be kept
at a minimum in furtherance of the primary purpose of the trust fund, which is
to disburse money under subsection (1)(a) and (b) to encourage the direct
provision of services to prevent child abuse and neglect.
Sec. 10. (1) In making
grants to a local council, prevention partner, the state board shall consider
the degree to which the local council prevention partner meets the following criteria:
(a) Has as its
primary purpose the development and facilitation of a collaborative community
prevention program in a specific geographical area. The prevention program shall must utilize
trained volunteers and existing community resources wherever practicable.
(b) Is administered
by a board of directors composed of an equal number of members from the
following 2 groups:
(i) A representative from each of the
following local agencies, as far as practicable:
the
(A) The county
department of social services, the department of public
health, the department of mental health, the health
and human services.
(B) The probate
court. , the
(C) The office
of the prosecuting attorney. , a
(D) A local law
enforcement agency. , a
(E) A school
district. , and a
(F) A number of
private, local agencies that provide treatment or prevention services for
abused and neglected children and their parents or guardians. The number of private agencies to be represented on the
local council shall be designated in the bylaws of the local council by the
remaining members.
(ii) Members of the local council prevention
partner elected by the membership. The elected members shall represent
the demographic composition of the community served
and parent representation, as far as practicable.
(c) Does not
provide direct services except on a demonstration project basis, or as a
facilitator of interagency projects.
(d) Demonstrates a
willingness and ability to provide prevention program models and consultation
to organizations and communities regarding prevention program development and
maintenance.
(e) Demonstrates an
ability to match ,
through money or in-kind services, 50% of the amount of any trust fund
money received. The amount and types of in-kind services are subject to the
approval of the state board.
(f) Other criteria
that the state board deems considers appropriate.
(2) The
number of private agencies to be represented on the prevention partner must be
designated in the bylaws of the prevention partner by the remaining members.
Sec. 12. A thorough, written review of the functions,
responsibilities, and performance of the state board shall must be
completed by the auditor general each 3 years after the effective date of this act. September 29, 1982. The written
review shall prepared under this section must be transmitted and
notice given in the same manner as provided in section 6(1)(b).