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Yes, under MCL 400.117a(3): The department shall promulgate rules under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to monitor juvenile justice services
money and to prescribe child care fund accounting, reporting, and authorization controls and
procedures and child care fund expenditure classifications. For counties required to have a child
care fund, the department shall fund services that conform to the child care rules promulgated
under this act.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The rules do not conflict with or duplicate similar rules, compliance requirements, or other
standards adopted at the state, regional, or federal level.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
Yes. The subject matter of these rules are the subject of the “Child Care Fund Handbook,” which
has its authority in the current rules under Mich Admin Code R 400.2001 and acts as the policy for
the program area. The department has also created forms for use by the county and tribes for
reimbursement and other reporting.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
The rules were not listed on the department’s annual regulatory plan as rules to be processed for
the current year.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The rules do not exceed similar regulations, compliance requirements, or other standards adopted
at the state, regional, or federal level.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
Prior to the statutory amendment of the child care fund rules under MCL 400.117a, the
Department was a member of Michigan Task Force on Juvenile Justice Reform that recommended
changes to the rules for funding purposes in the juvenile justice program area, particularly those
rules that would provide incentive for funding for in-home /community based services for youth as
opposed to detention or residential, out-of-home placements.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
The rules were last evaluated in 2020. Since then, juvenile justice reform efforts have increased to
concentrate more on services to be provided to youth that no longer required out of home
placement and to increase the youth’s wellbeing, community safety, family engagement, and to
prepare youth for success in their adulthood.
16. Are there any changes or developments since implementation that demonstrate there is no
continued need for the rules, or any portion of the rules?
There is a continued need for all of the rules currently and the amendments being requested at this
time.
MCL 24.239