Bill Text: MI HB6311 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Children; guardians; factors determining best interest of the child for permanency decisions by agency and court; provide for. Amends sec. 5a of 2008 PA 260 (MCL 722.875a).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-09-06 - Bill Electronically Reproduced 09/05/2018 [HB6311 Detail]

Download: Michigan-2017-HB6311-Introduced.html

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HOUSE BILL No. 6311

 

 

September 5, 2018, Introduced by Rep. Neeley and referred to the Committee on Judiciary.

 

     A bill to amend 2008 PA 260, entitled

 

"Guardianship assistance act,"

 

by amending section 5a (MCL 722.875a), as amended by 2015 PA 227.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5a. (1) For a child whose permanency plan includes

 

placement with a guardian and will include the receipt of

 

guardianship assistance payments, the department shall include in

 

the case service plan for the child all of the following:

 

     (a) The steps that the child placing agency or the department

 

has taken to determine that reunification and placing the child for

 

adoption are not appropriate permanency options.

 

     (b) The reason for any separation of siblings during

 

placement.

 

     (c) The reason a permanent placement through guardianship is

 

in the child's best interest.

 

     (d) The way in which the child meets the eligibility criteria

 

for a guardianship assistance payment.

 

     (e) The efforts the child placing agency or the department has

 

made to discuss adoption by the prospective guardian as a permanent

 

alternative to legal guardianship and documentation of the reasons

 

the prospective guardian has chosen not to pursue adoption.

 

     (f) In cases where the parental rights have not been

 

terminated, the efforts the department has made to discuss with the

 

child's birth parent or parents the guardianship assistance

 

arrangement, or the reasons why the efforts were not made.

 

     (2) The provisions of section 19d of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.19d, apply to child

 

placing agency and court decisions regarding the child's best

 

interest in a proceeding under this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

01935'17) of the 99th Legislature is enacted into law.