Bill Text: MI SB0439 | 2011-2012 | 96th Legislature | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Children; guardians; definition of child; modify age criteria to continue to receive guardianship assistance. Amends sec. 6 of 2008 PA 260 (MCL 722.876). TIE BAR WITH: SB 0435'11

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2011-11-29 - Assigned Pa 0229'11 With Immediate Effect [SB0439 Detail]

Download: Michigan-2011-SB0439-Enrolled.html

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ESB 439

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2011

Introduced by Senators Nofs, Proos, Jansen, Caswell, Emmons and Moolenaar

ENROLLED SENATE BILL No. 439

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 6 (MCL 722.876), as amended by 2009 PA 15.

The People of the State of Michigan enact:

Sec. 6. (1) Except as provided in subsection (2), the department shall not provide guardianship assistance after 1 of the following occurs:

(a) The child reaches 18 years of age.

(b) The department determines that the guardian is no longer legally responsible for support of the child.

(c) The department determines that the child is no longer receiving any support from the relative guardian.

(d) The death of the child.

(e) The child is adopted by the guardian or another individual under the Michigan adoption code, chapter X of the probate code, MCL 710.21 to 710.70, or the adoption laws of any other state or country.

(f) The guardianship is terminated by order of the court having jurisdiction in the guardianship proceeding.

(g) The death of the guardian.

(2) The department may provide extended guardianship assistance until the youth reaches the age of 21 if the youth meets the requirements set forth in the young adult voluntary foster care act.

(3) The department shall send notice of termination of guardianship assistance under this section by mail to the guardian at the guardian’s current or last known address and to the court with jurisdiction over the guardianship case. Notice mailed under this subsection shall include a statement of the department’s reason for termination.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 435 of the 96th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor

ESB 439