HB-4159, As Passed House, March 5, 2009

HOUSE BILL No. 4159

February 4, 2009, Introduced by Rep. Smith and referred to the Committee on Families and Children's Services.

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 115g, 115i, and 115j (MCL 400.115g, 400.115i,

and 400.115j), section 115g as amended by 2004 PA 193 and sections

115i and 115j as amended by 2002 PA 648.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 115g. (1) The department may pay a support subsidy to an

adoptive parent of an adoptee who is placed in the home of the

adoptive parent under the adoption code or under the adoption laws

of another state or a tribal government, if all of the following

requirements are met:

(a) The department has certified that the adoptee is a child

with special needs.

(b) Certification is made before the adoptee's eighteenth

birthday.

by the adoptive parent or adoptive parents and the department

before the ~~petition for~~ adoption is ~~filed~~ finalized.

~~(d) The adoptive parent requests the support subsidy not later~~

~~than the date of confirmation of the adoption.~~

(2) The department shall determine eligibility for the support

subsidy without regard to the income of the adoptive parent or

parents. ~~The amount shall be equal to the family foster care rate,~~

~~including the difficulty of care rate, that was paid for the~~

~~adoptee while the adoptee was in family foster care,~~ The maximum

amount shall be equal to the rate that the child received in the

family foster care placement or the rate the child would have

received if he or she had been in a family foster care placement at

the time of adoption. This rate includes the difficulty of care

rate that was paid or would have been paid for the adoptee in a

family foster care placement, except that the amount shall be

increased to reflect increases made in the standard age appropriate

foster care rate paid by the department. The department shall not

implement policy to limit the maximum amount at an amount less than

the family foster care rate, including the difficulty of care rate,

that was paid for the adoptee while the adoptee was in family

foster care.

(3) The department shall complete the certification process

within 30 days after it receives a request for a support subsidy.

Sec. 115i. (1) If adoption assistance is to be paid, the

department and the adoptive parent or parents shall enter into an

adoption assistance agreement covering all of the following:

(a) The duration of the adoption assistance to be paid.

(b) The amount to be paid and, if appropriate, eligibility for

medical assistance.

assistance as established by statute.

(d) Any services and other assistance to be provided under the

adoption assistance agreement.

(e) Provisions to protect the interests of the child in cases

in which the adoptive parent or adoptive parents move to another

state while the adoption assistance agreement is in effect.

(2) If medical subsidy eligibility is certified, the

department and the adoptive parent shall enter into a medical

subsidy agreement covering all of the following:

(a) Identification of the physical, mental, or emotional

condition covered by the medical subsidy.

(b) The duration of the medical subsidy agreement.

subsidy as established by statute.

(3) The department shall give a copy of the adoption

assistance agreement or medical subsidy agreement, or both, to the

adoptive parent or parents.

(4) Unless the medical condition of the adoptee no longer

exists, or an event described in section 115j has occurred, as

indicated in a report filed under subsection (6) or as otherwise

determined by the department, the department shall not modify or

discontinue a medical subsidy.

(5) An adoption assistance agreement or medical subsidy

agreement does not affect the legal status of the adoptee or the

legal rights and responsibilities of the adoptive parent or

parents.

(6) The adoptive parent or parents shall file a ~~verified~~

report with the department at least once each year as to the

location of the adoptee and other matters relating to the

continuing eligibility of the adoptee for adoption assistance or a

medical subsidy, or both.

Sec. 115j. (1) Adoption assistance or a medical subsidy, or

both, shall continue until 1 of the following occurs:

(a) The adoptee becomes 18 years of age.

(b) The adoptee is emancipated.

(d) The adoption is terminated.

(e) A determination of ineligibility is made by the

department.

~~(2) If sufficient money is appropriated, the department may~~

~~continue adoption assistance or a medical subsidy, or both, for an~~

~~adoptee under 21 years of age if the department determines that the~~

~~adoptee is a student regularly attending a high school, college,~~

~~university, or vocational school in pursuance of a course of study~~

~~leading to a high school diploma, college degree, or gainful~~

~~employment.~~

(2) If sufficient funds are appropriated by the legislature in

the department's annual budget, adoption support subsidy agreements

or adoption medical subsidy agreements, or both, may be extended

through state funding for an adoptee under 21 years of age if all

of the following criteria are met:

(a) The adoptee has not completed high school or a GED

program.

(b) The adoptee is regularly attending high school or a GED

program or a program for children with disabilities on a full-time

basis and is progressing toward achieving a high school diploma,

certificate of completion, or GED.

income.

(3) Adoption support subsidy agreements may be extended

through title IV-E funding for an eligible adoptee up to the age of

19 years if the state determines that the child has a mental or

physical disability that warrants continuation of adoption

assistance.

(4) ~~(3)~~ Adoption assistance and a medical subsidy shall

continue even if the adoptive parent leaves the state.

(5) ~~(4)~~ An adoption support subsidy shall continue during a

period in which the adoptee is removed for delinquency from his or

her home as a temporary court ward based on proceedings under

section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA

288, MCL 712A.2.

(6) ~~(5)~~ Upon the death of the adoptive parent, the department

shall continue making support subsidy payments or continue medical

subsidy eligibility, or both, through state funding to the guardian

of the adoptee if a guardian is appointed as provided in section