Sec. 7.
(1) A county juvenile agency shall provide or contract for provision of all of the following:
(a) An effective program of supervision and care for juveniles committed to the county juvenile agency by the family division of circuit court or court of general criminal jurisdiction.
(b) Appropriate county juvenile agency services.
(c) Appropriate services and facilities necessary for public wards it is responsible for.
(2) A county juvenile agency may do any of the following:
(a) Operate training schools or programs, halfway houses, youth camps, diagnostic centers, detention facilities, short-term treatment centers, group homes, or other facilities.
(b) Provide institutional care, boarding care, halfway house care, supervision in the community, or other juvenile programs or services.
(c) Obtain appropriate services from state, local, or private agencies, if those services meet all applicable state and local government licensing standards.
(d) Provide appropriate juvenile justice services to any juvenile.
(3) Except as otherwise provided, a county juvenile agency shall pay the providers of services or materials for which it has contracted within 45 days after receiving a request for payment as provided in the contract.
(4) A county juvenile agency shall negotiate with providers for prepayment contract clauses that do not exceed 33%.
(5) Unless a county juvenile agency has negotiated a different prepayment contract clause as provided in subsection (4), payments for residential care services shall be not less than 1/4 of the anticipated total cost when care is first provided, not less than 1/4 of the anticipated total cost when 1/3 of the care is provided, not less than 1/4 of the anticipated total cost when 2/3 of the care is provided, and the balance owed when care is completed.
(6) If 1 or more appropriate juvenile residential care providers located or doing business in this state have bed space available, a county juvenile agency shall use that space rather than a space available by a provider located or doing business in another state. This requirement does not apply if the provider located or doing business in another state offers a specialized program that is not available in this state.
(7) A county juvenile agency shall not use religion, race, color, national origin, or sex as a criterion for discriminating against or granting preferential treatment in contracting with providers.
History: 1998, Act 518, Imd. Eff. Jan. 12, 1999