February 17, 2009, Introduced by Senators CLARK-COLEMAN, JANSEN, PAPPAGEORGE, BIRKHOLZ, SWITALSKI, GLEASON, HUNTER, ANDERSON, WHITMER, JACOBS, BASHAM, BARCIA, CHERRY, OLSHOVE, SCOTT, THOMAS, PRUSI, BRATER, CLARKE and ALLEN and referred to the Committee on Families and Human Services.
A bill to amend 2008 PA 260, entitled
"Subsidized guardianship assistance act,"
by amending the title and sections 1, 2, 3, 4, 5, 6, and 9 (MCL
722.871, 722.872, 722.873, 722.874, 722.875, 722.876, and 722.879)
and by adding sections 5a and 5b; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to provide for subsidy assistance
payments to certain
guardians of minors; and to provide for duties and responsibilities
of certain state departments and agencies.
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.
(c) "Eligible child" means a child who meets the eligibility
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 under section 19a or 19c
of chapter XIIA of the probate code, MCL 712A.19a and 712A.19c.
(e) "Guardianship assistance agreement" means a negotiated
binding agreement regarding financial support for children who meet
the qualifications for guardianship assistance as specified in this
act or in the department's administrative rules.
(f) (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.
(g) (f)
"Probate code" means the
probate code of 1939, 1939 PA
288, MCL 710.21 to 712A.32.
(h) (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, and guardianship 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. A
child is eligible to
receive guardianship assistance if all of the following apply:
(a) The child has been removed from his or her home according
to a voluntary placement agreement or as a result of a judicial
determination that allowing the child to remain in the home would
be contrary to the child's welfare.
(b) The child has resided in the home of the prospective
guardian for, at a minimum, 6 consecutive months.
(c) It has been determined that returning the child to the
home or placing the child for adoption is not an appropriate
permanency option.
(d) The child demonstrates a strong attachment to the
prospective guardian and the guardian has a strong commitment to
caring permanently for the child.
(e) If the child has reached 14 years of age, he or she has
been consulted regarding the guardianship arrangement.
Sec.
4. (1) A Subject
to subsection (2), 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. The assessment shall
include criminal record checks and child abuse and neglect central
registry checks on the guardian and all adults living in the
guardian's home as well as fingerprint-based criminal record checks
on the guardian.
(c)
The eligible child resides has resided with
the guardian
in the guardian's residence for a minimum of 6 months before the
application for guardianship assistance is received by the
department.
(2) Only a relative who is a licensed foster parent caring for
a child who is eligible to receive title IV-E-funded foster care
payments for 6 consecutive months is eligible for federal funding
under title IV-E for guardianship assistance. A child not eligible
for title IV-E funding who is placed with a relative or a child who
meets the requirements of section 3(a) to (d) placed with an
unrelated prospective guardian is eligible for state-funded
guardianship assistance.
(3) If a child is eligible for title IV-E-funded guardianship
assistance under section 3 but has a sibling who is not eligible
under section 3, both of the following apply:
(a) The child and any of the child's siblings may be placed in
the same relative guardianship arrangement, if the department and
the relative agree on the appropriateness of the arrangement for
the sibling.
(b) Title IV-E-funded relative guardianship assistance
payments may be paid on behalf of each sibling placed in accordance
with this subsection.
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.
(3) For a child who meets the eligibility criteria of section
3(a) to (d), the department shall negotiate and enter into a
written, binding guardianship assistance agreement with the child's
prospective guardian and shall provide the prospective guardian a
copy of the guardianship assistance agreement.
(4) The guardianship assistance agreement shall specify all of
the following:
(a) The amount of the guardianship assistance to be provided
under the agreement for each eligible child, and the manner in
which the payment may be adjusted periodically in consultation with
the guardian, based on the guardian's circumstances and the child's
needs.
(b) The additional services and assistance the child and the
guardian will be eligible for under the guardianship assistance
agreement.
(c) The procedure by which the relative guardian may apply for
additional services, if needed.
(d) That the department will pay the total cost of
nonrecurring expenses associated with obtaining legal guardianship
of an eligible child, to the extent the total cost does not exceed
$2,000.00.
(5) The guardianship assistance agreement shall remain in
effect without regard to the state residency of the guardian.
(6) A guardianship assistance payment on a child's behalf
shall not exceed the foster care maintenance payment that would
have been paid on that child's behalf if he or she had remained in
a foster family home.
(7) The department shall review the eligibility of the
guardian and the child for continuation of guardianship assistance
annually. The guardian shall provide the eligibility information
requested by the department or the court for purposes of the annual
review.
(8) The department shall make an eligibility determination
within 30 days after receipt of a request for guardianship
assistance.
Sec. 5a. For a child whose permanency plan includes placement
with a guardian and will include the receipt of guardianship
assistance payments, the department shall include in the case plan
all of the following:
(a) The steps that the child placing agency or the department
has taken to determine that it is not appropriate for the child to
be returned to the home or placed for adoption.
(b) The reason for any separation of siblings during
placement.
(c) The reason a permanent placement through guardianship is
in the child's best interest.
(d) The way in which the child meets the eligibility criteria
for a guardianship assistance payment.
(e) The efforts the child placing agency or the department has
made to discuss adoption by the prospective guardian as a permanent
alternative to legal guardianship and, in the case of a relative
foster parent who has chosen not to pursue adoption, documentation
of the reasons.
(f) In cases where the parental rights have not been
terminated, the efforts the department has made to discuss with the
child's birth parent or parents the guardianship assistance
arrangement, or the reasons why the efforts were not made.
Sec. 5b. The legal guardianship shall be a judicially created
relationship between the child and his or her guardian that is
intended to be permanent and self-sustaining as evidenced by the
transfer to the guardian of the following parental rights with
respect to the child:
(a) Protection.
(b) Education.
(c) Care and control of the person.
(d) Custody of the person.
(e) Decision making.
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.
(c)
The child is placed in a child caring institution as that
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.
(b) The department determines that the guardian is no longer
legally responsible for support of the child.
(c) The department determines that the child is no longer
receiving any support from the relative guardian.
(d) (e)
The death of the child.
(e) (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.
(f) (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.
(g) The death of the guardian.
(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.
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.
Enacting section 1. Sections 7 and 10 of the subsidized
guardianship assistance act, 2008 PA 260, MCL 722.877 and 722.880,
are repealed.