Bill Text: MI HB4550 | 2019-2020 | 100th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Children; guardians; national and state fingerprint checks; include in criminal record check for guardians. Amends sec. 4 of 2008 PA 260 (MCL 722.874).

Spectrum: Bipartisan Bill

Status: (Passed) 2019-10-24 - Assigned Pa 95 With Immediate Effect [HB4550 Detail]

Download: Michigan-2019-HB4550-Introduced.html

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HOUSE BILL No. 4550

 

 

May 2, 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.