HOUSE BILL NO. 4550

May 02, 2019, Introduced by Reps. Brenda Carter and Crawford and referred to the Committee on Families, Children, and Seniors.

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.