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.