HOUSE BILL NO. 4697

A bill to amend 2008 PA 260, entitled

"Guardianship assistance act,"

by amending section 4 (MCL 722.874), as amended by 2023 PA 69.

the people of the state of michigan enact:

Sec. 4. (1) Subject to subsection (2), (3), a prospective guardian who meets all of the following criteria may receive be approved by the department for guardianship assistance on behalf of an eligible child if the eligible child has resided with the prospective guardian in the prospective guardian's residence for a minimum of 6 months before the application for guardianship assistance is received by the department and either of the following criteria is met:

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

(b) The prospective guardian is a licensed foster parent. and approved for guardianship assistance by the department. The approval process must include criminal record checks and child abuse and child neglect central registry checks on the guardian, all successor guardians, and all adults living in the guardian's or successor guardian's home as well as submission of the guardian's or successor guardian's fingerprints to the department of state police and the Federal Bureau of Investigation for a criminal history check.

(c) The eligible child has resided with the prospective guardian in the prospective guardian's residence for a minimum of 6 months before the application for guardianship assistance is received by the department.

(2) The approval process described under subsection (1) must include criminal record checks and child abuse and child neglect central registry checks on the prospective guardian, all successor guardians, and all adults living in the prospective guardian's or successor guardian's home as well as submission of the prospective guardian's or successor guardian's fingerprints to the department of state police and the Federal Bureau of Investigation for a criminal history check.

(3) (2) Only a A relative who is a licensed foster parent caring cares for a an eligible title IV-E-funded child who is eligible to receive title IV-E-funded foster care payments in an approved or licensed foster parent home for 6 consecutive months after relative approval or licensure of the family is eligible for federal funding under title IV-E for guardianship assistance when the eligibility criteria are met. A child who is not eligible for title IV-E funding who is placed with a relative or a child placed with a licensed foster parent, related or unrelated, regardless of title IV-E eligibility, and who meets the requirements of section 3(1) (a) to (e) may be eligible for state-funded guardianship assistance.

(4) (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 in accordance with chapter XIIA of the probate code, MCL 712A.1 to 712A.32, another state's law or code, or tribal law or code, 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.

(5) (4) A successor guardian may receive guardianship assistance payments if the eligibility criteria set forth in section 3 are met.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S02991'25) or House Bill No. 4696 (request no. H02991'25) of the 103rd Legislature is enacted into law.