SB-0170, As Passed Senate, June 26, 2008

SUBSTITUTE FOR

SENATE BILL NO. 170

A bill to provide for subsidy payments to certain guardians of

minors; and to provide for duties and responsibilities of certain

state departments and agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"subsidized guardianship assistance act".

Sec. 2. As used in this act:

(a) "Child" means a person less than 18 years of age.

(b) "Department" means the department of human services.

criteria set forth in section 3 for receiving subsidized

guardianship assistance.

(d) "Guardian" means a person appointed by the court to

act as a legal guardian for a child pursuant to section 19a

or 19c of chapter XIIA of the probate code, MCL 712A.19a and

712A.19c.

(e) "Legal custodian" means an individual who is at least 18

years of age in whose care a child remains or is placed after a

court makes a finding under section 13a of chapter XIIA of the

probate code, MCL 712A.13a.

(f) "Probate code" means the probate code of 1939, 1939 PA

288, MCL 710.21 to 712A.32.

(g) "Relative" means an individual who is at least 18 years

of age and related to the child by blood, marriage, or adoption,

as grandparent, great-grandparent, great-great-grandparent, aunt

or uncle, great-aunt or great-uncle, great-great-aunt or great-

great-uncle, sibling, stepsibling, nephew or niece, first cousin

or first cousin once removed, or the spouse of any of the above,

even after the marriage has ended by death or divorce. The parent

of a man who the court has found probable cause to believe is the

putative father if there is no man with legally established rights

to the child may be considered a relative under this act but this

is not to be considered as a finding of paternity and does not

confer legal standing on the putative father.

(h) "Subsidized guardianship assistance agreement" means an

agreement regarding financial support for children who meet the

qualifications for subsidized guardianship assistance as specified

in this act or in the department's administrative rules.

(i) "Title IV-E" refers to the federal assistance provided

through the United States department of health and human services

to reimburse states for foster care and adoption assistance

payments.

Sec. 3. A child is eligible to receive subsidized

guardianship assistance if he or she is a ward of the court under

section 2(b) of chapter XIIA of the probate code, MCL 712A.2, or

is under the Michigan children's institute jurisdiction, control,

or supervision, and both of the following apply:

(a) A specific factor or condition, or a combination of

factors and conditions, exists with respect to the child so that

it is reasonable to conclude that the child cannot be placed with

a guardian without providing subsidy payments under this act. The

factors or conditions to be considered may include ethnic or

family background, age, membership in a minority or sibling group,

medical condition, physical, mental, or emotional disability, or

length of time the child has been waiting for a permanent home.

(b) A reasonable but unsuccessful effort was made to place

the child with an appropriate guardian without providing subsidy

assistance under this act or a prospective placement is the only

placement in the best interest of the child.

Sec. 4. A guardian who meets all of the following criteria

may receive subsidized guardianship assistance on behalf of an

eligible child:

(a) The guardian is the eligible child's relative or legal

custodian.

(b) The guardian is assessed and approved for subsidized

guardianship assistance by the department.

guardian's residence.

Sec. 5. (1) Subject to the provisions of this act, the

department may pay subsidized guardianship assistance to an

eligible guardian on behalf of an eligible child.

(2) The guardian shall apply for subsidized guardianship

assistance under this act to the department.

(3) The department shall review the eligibility of the

guardian and child for continuation of subsidized guardianship

assistance annually. The guardian shall provide the eligibility

information requested by the department or the court for purposes

of the annual review.

(4) The department shall make a determination within 30 days

after receipt of a request for subsidized guardianship assistance.

Sec. 6. (1) The department shall not provide subsidized

guardianship assistance after 1 of the following occurs:

(a) The child reaches 18 years of age or 19 years of age if

he or she is still attending high school.

(b) The child is incarcerated in an adult correctional

facility under a sentence and commitment order of a court of

competent jurisdiction.

term is defined in section 1 of 1973 PA 116, MCL 722.111, for a

period of at least 90 days.

(d) The child is removed from the guardian's residence by

court order.

(e) The death of the child.

(f) The child is adopted by the guardian or another

individual under the Michigan adoption code, chapter X of the

probate code, MCL 710.21 to 710.70, or the adoption laws of any

other state or country.

(g) The guardianship is terminated by order of the court

having jurisdiction in the guardianship proceeding.

(h) The child no longer resides in the guardian's residence.

(i) The guardian fails to submit to the department

information required or requested by the department for the annual

review required under section 5.

(j) The guardian no longer satisfies 1 or more of the

criteria specified in section 4.

(k) The guardian has failed to comply with section 7.

(l) Upon the death of the guardian, if no new guardian is

appointed by the court within 30 days after that death.

(m) The department determines that funds are no longer

available to support continuation of subsidized guardianship

assistance.

(2) The department shall send notice of termination of

subsidized guardianship assistance under this section by mail to

the guardian at the guardian's current or last known address and

to the court with jurisdiction over the guardianship case. Notice

mailed under this subsection shall include a statement of the

department's reason for termination.

Sec. 7. The guardian shall apply for and maintain on behalf

of the child any public or private medical insurance or assistance

for which the child is eligible, including eligibility under

applicable laws providing financial assistance for medical or

health care expenses.

Sec. 8. (1) The department is responsible for collecting,

assembling, and reporting all data and information required for

reporting purposes.

(2) The guardian shall cooperate with the department and

provide all information that the guardian possesses as requested

by the department to facilitate compliance with this section.

Sec. 9. An applicant for subsidized guardianship assistance

under this act or a guardian or child who has received subsidized

guardianship assistance under a subsidized guardianship assistance

agreement may appeal a decision of the department denying the

application, establishing or modifying the subsidized

guardianship assistance, or terminating subsidized guardianship

assistance according to the administrative procedures act of 1969,

1969 PA 306, MCL 24.201 to 24.328.

Sec. 10. If title IV-E eligibility is approved as a funding

source for subsidized guardianship assistance, the department is

subject to all federal laws and regulation requirements, including

cooperation with the title IV-B program and assignment of child

support.

Sec. 11. Families are eligible for postpermanency services in

the same manner as adoptive families.

Enacting section 1. This act does not take effect unless all

of the following bills of the 94th Legislature are enacted into

law:

(a) Senate Bill No. 668.

(b) Senate Bill No. 669.