SB-0529, As Passed Senate, December 9, 2015
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 529
A bill to amend 2008 PA 260, entitled
"Guardianship assistance act,"
by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872,
722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878,
and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a
and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA
229, and by adding sections 5c and 5d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Child" means a person less than 18 years of age.
(b) "Department" means the department of health and human
services.
(c) "Eligible child" means a child who meets the eligibility
criteria set forth in section 3 for receiving guardianship
assistance.
(d) "Guardian" means a person appointed by the court to act as
a legal guardian for a child 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 as described in
section 5 for children who meet the qualifications for guardianship
assistance as specified in this act or in the department's
administrative rules.
(f) "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) "Probate code" means the probate code of 1939, 1939 PA
288,
MCL 710.21 to 712A.32.712B.41.
(h) "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.
(i) "Successor guardian" means a person appointed by the court
to act as a legal guardian when the preceding guardian is no longer
able to act as a result of his or her death or incapacitation under
section 19a or 19c of chapter XIIA of the probate code, MCL
712A.19a and 712A.19c. Successor guardian does not include a person
appointed as a guardian if that person's parental rights to the
child have been terminated or suspended.
(j) (i)
"Title IV-E" refers to
the federal assistance provided
through
the United States department Department
of health Health
and
human services Human
Services to reimburse states for foster
care, adoption assistance payments, and guardianship assistance
payments.
Sec. 3. A child is eligible to receive guardianship assistance
if the department determines that all of the following apply:
(a) The child has been removed from his or her home 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)
Reunification or and placing the child for adoption is are
not
an appropriate permanency option.options.
(d) The child demonstrates a strong attachment to the
prospective guardian and the guardian has a strong commitment to
caring permanently for the child until the child reaches 18 years
of age.
(e) If the child has reached 14 years of age, he or she has
been consulted regarding the guardianship arrangement.
Sec. 4. (1) Subject to subsection (2), a guardian who meets
all of the following criteria may receive guardianship assistance
on behalf of an eligible child:
(a) The guardian is the eligible child's relative or legal
custodian.
(b) The guardian is a licensed foster parent and approved for
guardianship assistance by the department. The approval process
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. If the guardian's fingerprints are stored
in the automated fingerprint identification system under section 5k
of 1973 PA 116, MCL 722.115k, the department shall use those
fingerprints for the criminal record check required in this
subdivision.
(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) 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 who is not
eligible for title IV-E funding who is placed with a licensed
foster parent, related or unrelated, and who meets the requirements
of section 3(a) to (e) may be 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 in accordance with
chapter
XIIA of the probate code, of 1939, 1939 PA 288, MCL 712A.1
to
712A.32, 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.
(4) A successor guardian may receive guardianship assistance
payments if the eligibility criteria set forth in section 3 are
met.
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
service plan for the child all of the following:
(a) The steps that the child placing agency or the department
has
taken to determine that reunification or and placing the child
for
adoption is are not an appropriate permanency option.options.
(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 the prospective guardian has chosen not to pursue
adoption.
(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 as provided for under sections 19a and 19c of chapter
XIIA
of the probate code, of 1939, 1939 PA 288, MCL 712A.19a and
712A.19c, 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. 5c. (1) Subject to provisions of this act, the department
may pay guardianship assistance to an eligible successor guardian
on behalf of an eligible child.
(2) The successor guardian shall apply for guardianship
Senate Bill No. 529 as amended December 3, 2015
assistance under this act to the department.
(3) The preceding guardianship assistance agreement may be
transferred to a successor guardian who has been appointed by the
court. This occurs when the successor guardian enters into a
written, binding guardianship assistance agreement with the
department.
[(4) Payment of guardian assistance shall not be made to a successor guardian until the court appoints a successor guardian. If the successor guardian began caring for the child before the court appoints the successor guardian, guardianship assistance payments can be made retroactively to either the date of death of the relative guardian, the date of incapacity of the relative guardian, or the date the successor guardian assumed care of the child, whichever is later.
(5)] A successor guardian may be eligible to receive
guardianship assistance on behalf of an eligible child if the
department determines that all of the following apply:
(a) A guardianship assistance agreement for the child was in
effect before the appointment of the successor guardian.
(b) The successor guardian was appointed by the court as a
result of the death or incapacitation of the preceding guardian.
(c) The preceding guardian had an active guardianship
assistance agreement for the child before his or her death or
incapacitation.
(d) The successor guardian meets all of the conditions set
forth in this act.
Sec. 5d. The department may promulgate rules according to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, that are necessary to implement and administer the program
under this act in compliance with federal law.
Sec. 6. (1) Except as provided in subsection (2), the
department shall not provide guardianship assistance after 1 of the
following occurs:
(a) The child reaches 18 years of age.
(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) The death of the child.
(e) 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) The guardianship is terminated by order of the court
having jurisdiction in the guardianship proceeding.
(g) The death of the guardian unless a successor guardian has
been appointed by the court.
(2) The department may provide extended guardianship
assistance until the youth reaches the age of 21 if the youth meets
the requirements set forth in the young adult voluntary foster care
act, 2011 PA 225, MCL 400.641 to 400.671.
(3) The department shall send notice of termination of
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 or successor 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 or successor guardian shall cooperate with
the department and provide all information that the guardian or
successor guardian possesses as requested by the department to
facilitate compliance with this section.
Sec. 9. An applicant for guardianship assistance under this
act or a guardian, successor guardian, or child who has received
guardianship assistance under a guardianship assistance agreement
may appeal a decision of the department denying the application,
establishing or modifying the guardianship assistance, or
terminating guardianship assistance according to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.