Michigan Laws 722.874 – Guardianship assistance; payment to eligible guardian; criteria; eligibility for federal funding under title IV-E; sibling ineligible for federal funding; successor guardian
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Terms Used In Michigan Laws 722.874
- 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
- Eligible child: means a child who meets the eligibility criteria under section 3 for receiving guardianship assistance. 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
- 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. See Michigan Laws 722.872
- Probate: Proving a will
- 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
- Relative: means that term as defined in section 13a of chapter XIIA of the probate code, MCL 712A. 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
- 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. See Michigan Laws 722.872
(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 must include criminal record checks and child abuse and child neglect central registry checks on the guardian, all successor guardians, and all adults living in the guardian’s or successor guardian‘s home as well as submission of the guardian’s or successor guardian’s fingerprints to the department of state police and the Federal Bureau of Investigation for a criminal history check.
(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 after licensure of the family 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, MCL 712A.1 to 712A.32, another state’s law or code, or tribal law or 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.