Michigan DHHS Youth Pay to Stay Policy

Dear Mr. Byun,

Thank you for your interest in public records of the Michigan Department of Health and Human Services (hereinafter “Department”).
Records Requested: To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

The following materials regarding the imposition, assessment, collection and balances of fees and debt for incarcerated youth (i.e., juvenile):

a) All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).

b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Wayne Byun

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Your request has been assigned the following tracking number: H017807-121922. Your request has a legally received date of December 20, 2022. You will receive a response by the Department by December 29, 2022. Unfortunately, we are unable to expedite requests and the time permitted for response by the Department may be extended beyond December 29, 2022 by ten (10) business days.
In accordance with the Michigan Freedom of Information Act (FOIA), MCL 15.231 et seq, the Department provides copies of existing non-exempt records. Records which are exempt from disclosure under state or federal law will not be provided, or records may be redacted to separate exempt information. The FOIA does not require the Department to create new records or answer queries.
You can monitor the progress of your request at the MDHHS Public Records Center and you will receive an email when your request has been completed.
Regards,
Bureau of Legal Affairs,
Michigan Department of Health and Human Services

RE: PUBLIC RECORDS REQUEST , Reference # H017807-121922
Dear Mr. Wayne Byun,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on December 20, 2022, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq.

In order to determine what responsive records the Department might have, it is necessary to extend the time for response permitted by MCL 15.235 §5(2)(d) until January 17, 2023.

The Department’s FOIA policies and procedures are available at Policies and Procedures.


Sincerely,

Bureau of Legal Affairs,
Michigan Department of Health and Human Services

RE: Public Records Request, Reference # H017807-121922.

Dear Mr. Byun,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on December 20, 2022, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq. Your request is denied.

To the best of the Department’s knowledge, information, and belief, this Department does not possess or maintain records under the description you provided or by other names reasonably known to the Department. The Department does not have any responsive material for this request. Given Michigan’s juvenile justice system is de-centralized any information on the imposition, assessment, collection and balances of fees and debt for incarcerated youth occurs at a local court level. The Department does not have a role or input into the imposition, assessment, collection and balances of fees and debt for incarcerated youth.

As to the denial, the Department is obligated to inform you that under MCL 15.240 §10 the following remedies are available:

1. Appeal this decision in writing to the Legal Affairs Administration of the Department of Health and Human Services, PO Box 30195, Lansing, MI 48909. The writing must specifically state the word “appeal” and must identify the reason or reasons you believe the denial should be reversed. The Department must respond to your appeal within ten days of receipt. Under unusual circumstances, the time for response to your appeal may be extended by ten business days.

2. File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, disbursements, and possible damages.

The Department’s FOIA policies and procedures are available at Policies and Procedures.

Sincerely,
Melissa Barrett
Bureau of Legal Affairs