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| Michigan Senator Jim Marleau |
It seems we have a brave soul in the Michigan Senate who is willing to throw on the public discussion table, the issue with audits and reporting violations in child welfare.
Slow, my beating heart. I believe I am in love with Senator Jim Marleau.
The Gentleman has recently introduced legislation to allow, and I quote:
A FEDERAL OR STATE GOVERNMENTAL AGENCY THAT MAY, BY LAW CONDUCT AN AUDIT OR SIMILAR REVIEW OF THE DEPARTMENT'S ACTIVITIES UNDER THIS ACT.
The Act is the Michigan Child Protection Act.
This is historic and this is going to be messy. Here is why:
Child welfare administration and policy in Michigan sucks.
Even if there are found violations of law and policy does not necessarily mean that these questionable actions and inactions will be referred to the Attorney General, state or federal, for sanction, contractual disbarment, license revocation, prosecution or recovery.
The operations of a state child welfare program are so secretive that even if there are found, substantial material violations in under GAGAS and OMB Circular A-133 guidelines, there are no mechanisms to go after Medicaid fraud in child welfare for the State Medicaid Fraud Control Unit or the U.S. Department of Health and Human Services.
The reason is that child welfare is protected under the exclusions and exemptions of child welfare privacy law and policy.
Federal may financially penalize, but the state is left with its hands tied as the matter will only be addressed behind closed doors of the backrooms of administrative meetings and super special child welfare committees, not privy to the Open Meetings Act.
Then, there is that rather pesky factor of the Office of Children's Ombudsman never referring found, or even questionable violations of law and policy to the Attorney General for investigation, even though there was an official opinion stating the Office did have the authority.
For your viewing pleasure, and a bit of constructed history on the lack of addressing Medicaid fraud in child welfare, I present a couple of my art projects to inspire a spirited discussion in the Michigan Senate Committee of Families, Seniors and Human Services.
Notice how "children" are excluded from the original purview of the committee.
Just as a side note, this writ went no where because there was an error is the court rules for the Court of Appeals and I just wanted to put it on front street.
You cannot file ex-parte in the Michigan Court of Appeals, which is one of the most crucial components of the mandamus, to have the court issue a show cause or its alternative.
Even the Auditor General is limited in reporting and referring found violations in child welfare programs.
Beverly Tran's State of Michigan proposed bill to amend 2003 PA 1, entitled "AUDITS AND EXAMINATIONS" (MCL... by Beverly Tran
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