Act No. 210

Public Acts of 2022

Approved by the Governor

October 7, 2022

Filed with the Secretary of State

October 7, 2022

EFFECTIVE DATE:  October 7, 2022

 

 

 

 

 

state of michigan

101st Legislature

Regular session of 2022

Introduced by Reps. Rendon, Whiteford and Brann

ENROLLED HOUSE BILL No. 6075

AN ACT to amend 2008 PA 260, entitled An act to provide for assistance payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies, by amending section 2 (MCL 722.872), as amended by 2015 PA 227.

The People of the State of Michigan enact:

Sec. 2. As used in this act:

(a) Child means a person less than 18 years of age.

(b) Department means the department of health and human services.

(c) Eligible child means a child who meets the eligibility criteria under section 3 for receiving guardianship assistance.

(d) Guardian means a person appointed by the court to act as a legal guardian for a child under section 19a or 19c of chapter XIIA of the probate code, MCL 712A.19a and 712A.19c.

(e) Guardianship assistance agreement means a negotiated binding agreement regarding financial support as described in section 5 for children who meet the qualifications for guardianship assistance as specified in this act or in the department s administrative rules.

(f) Legal custodian means an individual who is at least 18 years of age in whose care a child remains or is placed after a court makes a finding under section 13a of chapter XIIA of the probate code, MCL 712A.13a.

(g) Probate code means the probate code of 1939, 1939 PA 288, MCL 710.21 to 712B.41.

(h) Relative means that term as defined in section 13a of chapter XIIA of the probate code, MCL 712A.13a.

(i) Successor guardian means a person appointed by the court to act as a legal guardian when the preceding guardian is no longer able to act, as a result of his or her death or incapacitation, under section 19a or 19c of chapter XIIA of the probate code, MCL 712A.19a and 712A.19c. Successor guardian does not include a person appointed as a guardian if that person s parental rights to the child have been terminated or suspended.

(j) Title IV-E refers to the federal assistance provided through the United States Department of Health and Human Services to reimburse states for foster care, adoption assistance payments, and guardianship assistance payments.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5974 of the 101st Legislature is enacted into law.

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This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor