HB-4481, As Passed House, April 26, 2007
SUBSTITUTE FOR
HOUSE BILL NO. 4481
A bill to establish the foster care independence program; to
provide certain services for certain youth in foster care due to
child abuse or child neglect; and to prescribe the duties of
certain state departments.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"foster care independence act".
(2) As used in this act:
(a) "Adjudicated delinquent" means an individual found to have
committed an offense that, if committed by an adult, would be a
criminal offense.
(b) "Child abuse" and "child neglect" mean those terms as
defined in section 2 of the child protection law, 1975 PA 238, MCL
722.622.
(c) "Department" means the department of human services.
(d) "Foster care" means 24-hour substitute care for children
placed away from their parents or guardians for whom the state
agency has placement and care responsibility. Foster care placement
includes, but is not limited to, placement in foster family homes,
child care institutions, and preadoptive placements.
(e) "Young adult" means an individual 14 years of age or older
but less than 21 years of age.
Sec. 2. (1) The department shall establish the foster care
independence program to offer education, training, employment, and
financial support for young adults leaving foster care.
(2) The foster care independence program created under
subsection (1) shall do all of the following:
(a) Identify young adults who are likely to remain in foster
care until 18 years of age and help these children make the
transition to self-sufficiency by providing services such as
assistance in obtaining a high school diploma, career exploration,
vocational training, job placement and retention, training in daily
living skills, training in budgeting and financial management
skills, substance abuse prevention, and preventive health
activities, including smoking avoidance, nutrition education, and
pregnancy prevention.
(b) Help young adults who are likely to remain in foster care
until 18 years of age receive education, training, and services
necessary to obtain employment.
(c) Help young adults who are likely to remain in foster care
until 18 years of age prepare for and enter postsecondary training
and education institutions.
(d) Provide personal and emotional support to children aging
out of foster care, through mentors and the promotion of
interactions with dedicated adults.
(e) Provide financial, housing, counseling, employment,
education, and other appropriate support and services to former
foster care recipients between 18 and 21 years of age to complement
their own efforts to achieve self-sufficiency and to assure that
program participants recognize and accept their personal
responsibility for preparing for and then making the transition
from adolescence to adulthood.
Sec. 3. (1) A young adult is eligible for services under this
act if he or she is or has been in a foster care placement through
the state based on child abuse or child neglect on or after his or
her fourteenth birthday.
(2) A young adult is not eligible for services under this act
if 1 or more of the following apply:
(a) The young adult is in an out-of-home placement solely as
an adjudicated delinquent. If the young adult is currently an
adjudicated delinquent but met the eligibility criteria before his
or her adjudication, services may be provided under this act.
(b) The young adult was never in an out-of-home placement
based on child abuse or child neglect.
(c) The young adult is in a detention facility or other state-
operated facility.
(3) Services under this act shall be provided to eligible
young adults 14 years of age and older regardless of the permanency
planning goal. Services under this act shall be available to all
eligible young adults after case closure through 20 years of age.
Services under this act shall be provided on an "as-needed" basis.
Sec. 4. (1) The department shall provide at least all of the
following goods and services to eligible young adults in the foster
care independence program:
(a) Services that are not available from other funding sources
or agencies for eligible young adults currently in the foster care
system and for young adults released from foster care before
reaching 21 years of age.
(b) Educational support.
(c) Classes or groups on interpersonal communication and
building and maintaining relationships and classes or groups on
independent living skills.
(d) Stipends to cover the cost of utility deposits, security
deposits, and first month's rent to eligible young adults who are
leaving foster care or have left foster care because they have
reached 18 years of age but have not reached 21 years of age. The
first month's rent and damage deposit may only be provided to young
adults 18 to 21 years of age who are leaving foster care or who
have left foster care because they attained 18 or 19 years of age
and have not reached 21 years of age.
(2) The department shall make known a list of goods and
services provided under the program established in this act.
Sec. 5. The department may provide goods and services allowed
under federal law and any other goods and services the department
considers appropriate.