BACKGROUND CHECKS FOR SUCCESSOR GUARDIANS

House Bill 4550 as introduced

Sponsor:  Rep. Brenda Carter

Committee:  Families, Children and Seniors

Complete to 5-7-19

SUMMARY:

House Bill 4550 would amend the Guardianship Assistance Act to require the approval process for guardianship assistance to include criminal record checks and child abuse and child neglect central registry checks on successor guardians and all adults living in the successor guardian’s home, and fingerprint-based criminal record checks on successor guardians, in addition to those currently required for a guardian.

 

Under the act and subject to certain requirements, a guardian who meets the specified requirements may receive guardianship assistance on behalf of an eligible child. The guardian must also be a licensed foster parent and approved for guardianship assistance by the Department of Health and Human Services (DHHS). The approval process must include criminal record checks and child abuse and neglect central registry checks on the guardian and all adults living in his or her home, as well as fingerprint-based criminal record checks on the guardian. The bill would add successor guardians to these background check provisions.

Currently, if the guardian’s fingerprints are stored in the automated fingerprint identification system (AFIS), DHHS must use those fingerprints for the criminal record check. The bill would eliminate this provision.

 

The bill would take effect 90 days after enactment.

MCL 722.874

FISCAL IMPACT:

House Bill 4550 would have minimal fiscal impact on the state and no fiscal impact on local units of government.

                                                                                        Legislative Analyst:   E. Best

                                                                                                Fiscal Analyst:   Viola Bay Wild

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.