SB-1134, As Passed Senate, December 6, 2018
November 8, 2018, Introduced by Senator EMMONS and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 2008 PA 260, entitled
"Guardianship assistance act,"
by amending section 4 (MCL 722.874), as amended by 2015 PA 227.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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 national and state fingerprint-based
criminal
record checks on the guardian or
successor guardians. 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, 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.