Michigan Laws 722.873 – Guardianship assistance; eligibility
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Terms Used In Michigan Laws 722.873
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Certification: means a determination of eligibility by the department that a foster child is eligible for guardianship assistance or a medical subsidy, or both. See Michigan Laws 722.872
- Child: means an individual less than 18 years of age. See Michigan Laws 722.872
- Department: means the department of health and human services. See Michigan Laws 722.872
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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. See Michigan Laws 722.872
- 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. See Michigan Laws 722.872
- Prospective guardian: means an individual seeking guardianship of a child if an order appointing that guardianship has not been finalized by the court. See Michigan Laws 722.872
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) A child is eligible to receive guardianship assistance if the department determines that all of the following have been met:
(a) The child has been removed from his or her home as a result of a judicial determination by a state court or tribal court within this state that allowing the child to remain in the home would be contrary to the child’s welfare.
(b) The child has resided in the home of the prospective guardian for, at a minimum, 6 consecutive months.
(c) Reunification and placing the child for adoption are not appropriate permanency options.
(d) The child demonstrates a strong attachment to the prospective guardian and the guardian has a strong commitment to caring permanently for the child until the child reaches 18 years of age.
(e) If the child has reached 14 years of age, he or she has been consulted regarding the guardianship arrangement.
(f) Certification has been made before the child’s eighteenth birthday.
(g) The guardianship assistance agreement has been signed by the prospective guardian and the department before the guardianship is finalized by the court and before the child’s eighteenth birthday.
(2) A determination by the department on the eligibility of guardianship assistance does not affect a judicial finding that a guardianship should be ordered for the child.