HB-4550, As Passed House, June 6, 2019




















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.




     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




     (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




     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.