GUARDIANSHIP ASSISTANCE ACT (EXCERPT)
Act 260 of 2008
***** 722.874 THIS SECTION IS AMENDED EFFECTIVE JANUARY 22, 2020: See 722.874.amended *****
722.874 Guardianship assistance; payment to eligible guardian; criteria; eligibility for federal funding under title IV-E; sibling ineligible for federal funding; successor guardian.
(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 neglect central registry checks on the guardian and all adults living in the guardian's home as well as fingerprint-based criminal record checks on the guardian. 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, 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.
History: 2008, Act 260, Imd. Eff. Aug. 4, 2008
Am. 2009, Act 15, Imd. Eff. Apr. 9, 2009
Am. 2015, Act 227, Imd. Eff. Dec. 17, 2015
© 2017 Legislative Council, State of Michigan