THE SOCIAL WELFARE ACT (EXCERPT)
Act 280 of 1939
400.115g Support subsidy; payment; requirements; determination of amount; maximum amount; completion of certification process.
(1) The department may pay a support subsidy to an adoptive parent of an adoptee who is placed in the home of the adoptive parent under the adoption code or under the adoption laws of another state or a tribal government, if all of the following requirements are met:
(a) The department has certified that the adoptee is a child with special needs.
(b) Certification is made before the adoptee's eighteenth birthday.
(c) Certification is made and the contract agreement is signed by the adoptive parent or adoptive parents and the department before the adoption is finalized.
(2) The department shall determine eligibility for the support subsidy without regard to the income of the adoptive parent or parents. The maximum amount shall be equal to the rate that the child received in the family foster care placement or the rate the child would have received if he or she had been in a family foster care placement at the time of adoption. This rate includes the difficulty of care rate that was paid or would have been paid for the adoptee in a family foster care placement, except that the amount shall be increased to reflect increases made in the standard age appropriate foster care rate paid by the department. The department shall not implement policy to limit the maximum amount at an amount less than the family foster care rate, including the difficulty of care rate, that was paid for the adoptee while the adoptee was in family foster care.
(3) The department shall complete the certification process within 30 days after it receives a request for a support subsidy.
History: Add. 1990, Act 356, Imd. Eff. Dec. 26, 1990
Am. 1994, Act 238, Eff. July 5, 1994
Am. 2002, Act 648, Imd. Eff. Dec. 23, 2002
Am. 2004, Act 193, Imd. Eff. July 8, 2004
Am. 2009, Act 17, Imd. Eff. Apr. 9, 2009
Compiler's Notes: For transfer of powers and duties of the Office of Children and Youth Services as a single-purpose entity within the Department of Social Services to the Department of Social Services, see E.R.O. No. 1991-8, compiled at MCL 400.221 of the Michigan Compiled Laws.
Popular Name: Act 280
© 2009 Legislative Council, State of Michigan