EXTENDED GUARDIANSHIP ASSISTANCE                                               H.B. 5745 & 5746:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5745 and 5746 (as reported without amendment)

Sponsor:  Representative Nancy Jenkins

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

House Bill 5745 would amend the juvenile code to provide that if a court had appointed a guardian under Section 19a or 19c of the code for a youth aged 16 or older, the court would retain jurisdiction of the youth until the Department of Human Services (DHS) determined whether he or she was eligible for extended guardianship assistance under the Young Adult Voluntary Foster Care Act, which would have to be completed within 120 days after the youth's 18^th birthday. If the court determined that the youth would receive extended guardianship assistance, the court would retain jurisdiction until he or she no longer received such assistance.

(Section 19a of the code pertains to the appointment of a guardian when parental rights to a child remaining in foster care have not been terminated, and, in the course of a permanency planning hearing, an agency demonstrates that terminating parental rights would not be in the child's best interest, or the court does not order the agency to initiate termination of parental rights. Section 19c pertains to the appointment of a guardian for a child who remains in placement following the termination of parental rights.

Under the Youth Adult Voluntary Foster Care Act, the DHS may provide extended guardianship assistance for a youth who is at least 18 years old but younger than 21, if he or she began receiving assistance at 16 years of age or older, and the youth is: a) completing secondary education or a program leading to an equivalent credential; b) enrolled in an institution that provides postsecondary or vocational education; c)  participating in a program or activity designed to promote employment or remove barriers to employment; d) employed for at least 80 hours per month; or e) incapable of doing any part of the activities described above due to a medical condition.)

House Bill 5746 would amend the Young Adult Voluntary Foster Care Act to extend the court's jurisdiction to a youth for whom the DHS was determining eligibility for extended guardianship assistance.

MCL 712A.1 & 712A.2 (H.B. 5745)                                       Legislative Analyst:  Jeff Mann

       400.669 (H.B. 5746)

FISCAL IMPACT

The bills would have no fiscal impact on State or local government.

Date Completed:  12-1-14                                                 Fiscal Analyst:  Frances Carley

John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.