Section R. 400.2009 - In-home careRule 9. The in-home care option of the child care fund may be used for children under the jurisdiction of the court to provide for early intervention to treat problems of delinquency and neglect. In-home services are reimbursable in the following situations:
(a) In-home care is provided as an alternative to removal from home and placement in detention or other out-of-home care and all the following provisions have been met: (i) A complaint has been received and accepted by the court or the youth has been ordered to participate in the in-home care program at the dispositional hearing.(ii) The expenditure of child care fund money for in-home care is not for judicial costs.(iii) The services are intensive.(iv) The parent or parents and the youth or designee, or both, have agreed in writing to receive in-home services or a preliminary hearing has been held.(v) The court shall document that court staff responsible for case plan development and monitoring meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009).(b) In-home care programs use case service payments in support of probation services, which can be shown, by the county, to have a relationship between those payments and the days of out-of-home care in the county. These case service payments are not to be made to pay for basic family needs otherwise available through public assistance programs.(c) The in-home care early return option is used to accelerate the early return of a youth from family foster care, institutional care, or any other out-of-home care if all the following provisions are met:(i) The case plan identifies an early return goal.(ii) The case plan identifies all the parties and services.(iii) The expenditure of child care fund money for in-home care is not for judicial costs.(iv) Either the parent or parents, guardian, or custodian, and the youth have agreed, in writing, to receive in-home services. If the youth is younger than 14 years of age or unable to consent to receive services, or both, a hearing must be held and the court must order the youth into a program.(v) The court documents that court staff or designee responsible for case plan development and monitoring, or both, meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009).(d) The county department may provide for in-home care services from its subaccount for substantiated Category 1 and 2 protective services cases, if expenditures are not for judicial costs. The case plan must identify all parties and services and one of the following must apply to the service or services: (i) The service or services are ordered as an alternative to out-of-home care.(ii) The service or services prevent the need to petition the juvenile court for removal or prevent placement in voluntary foster care.(iii) The service or services will accelerate the return of a youth from out-of-home care.(iv) The court documents that court staff or designee responsible for case plan development and monitoring, or both, meet the qualifications established in the juvenile court standards and administrative guidelines for the care of children established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009).(v) In-home care programs use case service payments in support of in-home care services, which can be shown by the county's or courts relationship between those payments and the days of out-of-home care in the county.(e) Case service payments are not made to cover basic family needs otherwise available through public assistance programs.Mich. Admin. Code R. 400.2009
1987 AACS; 2020 MR 10, Eff. 5/20/2020