February 6, 2007, Introduced by Senators CLARK-COLEMAN, JACOBS, SCHAUER, GLEASON, BASHAM, BRATER, SCOTT, ANDERSON, BARCIA and CLARKE and referred to the Committee on Families and Human Services.
A bill to provide for assistance payments to certain guardians
of minors; to establish the rights and responsibilities of certain
guardians; 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
"relative guardianship assistance act".
Sec. 2. As used in this act:
(a) "Child" means a person less than 18 years of age.
(b) "Child protection law" means the child protection law,
1975 PA 238, MCL 722.621 to 722.638.
(c) "County office" means a county department office that
currently has, or previously had, supervisory authority concerning
a child who is or has been an abused or neglected child and who is
or may be eligible for relative guardianship assistance under this
act.
(d) "Department" means the department of human services.
(e) "Eligible child" means a child who meets the
eligibility criteria set forth in section 3 for receiving
relative guardianship assistance.
(f) "Guardian" means a person appointed by the court to
act as a legal guardian for a child.
(g) "Guardianship assistance agreement" means a written
agreement signed by a guardian and a county office
caseworker, in a form prescribed by the department, that
provides for a monthly relative guardianship assistance
payment to the guardian on behalf of the child under the
provisions of this act.
(h) "Local county office" means a county office located in
the county in which the guardian resides.
(i) "Relative" means an individual who has a relationship to
a child within the fifth degree of consanguinity. For the
purposes of this act, a relative may also include a grandparent,
great-grandparent, step-parent, step-sibling, or the spouse,
former spouse, or surviving spouse of any relative listed above.
(j) "Temporary assistance to needy families" or "TANF" means
financial assistance to eligible recipients that the department
provides or is authorized to provide according to the provisions
of the plan submitted to and accepted by the United States
department of health and human services, from funds available to
the department through part A of title IV of the social security
act, 42 USC 601 to 619, or any other approved funding source.
Sec. 3. A child who meets all of the following criteria is
considered an eligible child under this act:
(a) The court has appointed a guardian for the child under
section 5204 of the estates and protected individuals code, 1998
PA 386, MCL 700.5204, and that guardian is the child's relative.
(b) The total income attributable to the child under TANF
rules and guidelines is less than 250% of the federal poverty
guidelines published by the United States department of health and
human services.
(c) The child has resided with the guardian in the
guardian's home for a continuous period of time of not less than
3 months.
Sec. 4. A guardian who meets all of the following criteria is
eligible to receive relative guardianship assistance on behalf of
an eligible child:
(a) The guardian is the eligible child's relative.
(b) The eligible child resides with the guardian in the
guardian's home.
(c) The guardian is primarily responsible for providing 1 or
more of the following for the eligible child: appropriate care,
support, maintenance, education, or welfare.
Sec. 5. (1) Subject to the provisions of this act, the county
office shall make monthly payments of relative guardianship
assistance to a guardian eligible for relative guardianship
assistance under section 4, on behalf of an eligible child.
(2) The rate paid on behalf of an eligible child for relative
guardianship assistance payments shall be equal to 66% of the rate
paid by the department on behalf of a child placed in a licensed
foster home or a relative placement at the time the relative
guardianship assistance payment is being made.
(3) The guardian shall apply for relative guardianship
assistance under this act to the local county office in the
county in which the child resides.
(4) The department shall review the eligibility of the
guardian and child for continuation of relative guardianship
assistance payments at least 1 time every year. The guardian shall
provide the eligibility information requested by the department
for purposes of the annual review.
(5) The department may pay all or a portion of monthly
relative guardianship assistance payments under this act from
funds available to the state through TANF or other approved
funding source.
Sec. 6. (1) The department shall not make relative
guardianship assistance payments after 1 of the following occurs:
(a) The child reaches 18 years of age.
(b) The court enters an order awarding legal custody of the
child to an individual other than the guardian.
(c) The child is incarcerated in an adult correctional
facility under a sentence and commitment order of a court of
competent jurisdiction.
(d) The child is placed in a juvenile residential facility
for a period not less than 90 days.
(e) The child is removed from the guardian's home by court
order.
(f) The death of the child.
(g) The child is adopted by the guardian or another
individual under the Michigan adoption code, chapter X of the
probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, or the
adoption laws of any other state or country.
(h) Termination of the legal guardianship by order of the
court having jurisdiction in the guardianship proceeding.
(i) The child no longer resides in the guardian's home.
(j) The guardian fails to submit to the county office
information required or requested by the county office for the
annual review required under section 5.
(k) The guardian is not providing the financial assistance
necessary for the support and maintenance of the child as
determined by the court according to an annual guardianship
review.
(l) The guardian no longer satisfies 1 or more of the criteria
specified in section 4.
(m) The guardian has failed to comply with section 7.
(n) A successor guardian has been appointed for the child in
a guardianship proceeding.
(o) The department determines that funds are no longer
available to support continuation of monthly relative
guardianship assistance payments.
(2) The department shall send notice of termination of
relative guardianship assistance payments 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) As a condition of receiving monthly relative
guardianship assistance payments under this act, the guardian
shall assign to the county office any right the guardian has, on
behalf of the guardian, eligible child, or any other family member
residing in the guardian's household, to receive child support
payments from a noncustodial parent for the benefit of the child
in accordance with the provisions of 42 USC 608(a)(3) and any
rules or regulations implementing those provisions.
(2) The guardianship assistance agreement may include a
provision by which the guardian assigns child support rights to
the county office as provided in this section.
(3) All amounts received by the department through the state
disbursement unit established in section 6 of the office of child
support act, 1971 PA 174, MCL 400.236, as payment of a current or
accrued child support obligation or arrearage, on behalf of the
child for whom monthly relative guardianship assistance payments
are made under this act, shall be distributed in accordance with
42 USC 657 and any applicable federal regulations, subject to the
requirements of a court order in effect relating to payment of
support on behalf of the child.
Sec. 9. (1) The county office that approves the
guardianship assistance agreement is responsible for collecting,
assembling, and reporting to the department, in the form
prescribed by the department, all data and information needed for
preparation of any report that the state is required to submit to
the United States department of health and human services under
42 USC 611 and 45 CFR part 265, regarding monthly relative
guardianship assistance payments made from funds provided to the
department through TANF, or for any other reporting that may be
required by other funding sources.
(2) The guardian shall cooperate with the county office and
provide all information that the guardian possesses as requested
by the county office to facilitate compliance with this section.
Sec. 10. (1) A guardian receiving relative guardianship
assistance under this act on behalf of an eligible child shall
comply with all duties and responsibilities of a guardian under
sections 5201 to 5219 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5201 to 700.5219, including filing
with the court having jurisdiction over the guardianship of any
required pleading, report, document, or account with respect to
the guardianship estate.
(2) The guardian shall give notice of all hearings in the
guardianship proceedings to the individuals required to receive
notice under section 5213 of the estates and protected
individuals code, 1998 PA 386, MCL 700.5213, and shall give
notice to the department during any time that a guardianship
assistance agreement is in effect.
(3) The county office is not responsible for administration
of the guardianship, accounting to the child or court for any
activities of the guardian, or disposition of the proceeds of
monthly relative guardianship assistance payments made to the
guardian on behalf of the eligible child.
Sec. 11. An applicant for relative guardianship assistance
under this act or a guardian or child who has received relative
guardianship assistance under a guardianship assistance agreement
may appeal a decision of the department or county office denying
the application, establishing or modifying the amount of monthly
relative guardianship assistance payment, or terminating relative
guardianship assistance according to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.