THE SOCIAL WELFARE ACT (EXCERPT)
Act 280 of 1939
As used in this section and sections 115g to 115s:
(a) “Adoptee” means the child who is to be adopted or who is adopted.
(b) “Adoption assistance” means a support subsidy or medical assistance, or both.
(c) “Adoption assistance agreement” means an agreement between the department and an adoptive parent regarding adoption assistance.
(d) “Adoption code” means the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70.
(e) “Adoptive parent” means the parent or parents who adopt a child under the adoption code.
(f) “Certification” means a determination of eligibility by the department that an adoptee is eligible for a support subsidy or a medical subsidy or both.
(g) “Child placing agency” means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(h) “Child with special needs” means an individual under the age of 18 years for whom the state has determined all of the following:
(i) There is a specific judicial finding that the child cannot or should not be returned to the home of the child's parents.
(ii) A specific factor or condition, or a combination of factors and conditions, exists with respect to the child so that it is reasonable to conclude that the child cannot be placed with an adoptive parent without providing adoption assistance under this act. The factors or conditions to be considered may include ethnic or family background, age, membership in a minority or sibling group, medical condition, physical, mental, or emotional disability, or length of time the child has been waiting for an adoptive home.
(iii) A reasonable but unsuccessful effort was made to place the adoptee with an appropriate adoptive parent without providing adoption assistance under this act or a prospective placement is the only placement in the best interest of the child.
(i) “Compact” means the interstate compact on adoption and medical assistance as enacted in sections 115r and 115s.
(j) “Court” means the family division of circuit court.
(k) “Department” means the family independence agency.
(l) “Foster care” means placement of a child outside the child's parental home by and under the supervision of a child placing agency, the court, the department, or the department of community health.
(m) “Medical assistance” means the federally aided medical assistance program under title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396r-6 and 1396r-8 to 1396v.
(n) “Medical subsidy” means payment for medical, surgical, hospital, and related expenses necessitated by a specified physical, mental, or emotional condition of a child who has been placed for adoption.
(o) “Medical subsidy agreement” means an agreement between the department and an adoptive parent regarding a medical subsidy.
(p) “Nonrecurring adoption expenses” means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses that are directly related to the legal adoption of a child with special needs. Nonrecurring adoption expenses do not include costs or expenses incurred in violation of state or federal law or that have been reimbursed from other sources or funds.
(q) “Other expenses that are directly related to the legal adoption of a child with special needs” means adoption costs incurred by or on behalf of the adoptive parent and for which the adoptive parent carries the ultimate liability for payment, including the adoption study, health and psychological examinations, supervision of the placement before adoption, and transportation and reasonable costs of lodging and food for the child or adoptive parent if necessary to complete the adoption or placement process.
(r) “Party state” means a state that becomes a party to the interstate compact on adoption and medical assistance.
(s) “Placement” means a placement or commitment, including the necessity of removing the child from his or her parental home, as approved by the court under an order of disposition issued under section 18(1)(c) or (d) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.
(t) “Residence state” means the state in which the child is a resident by virtue of the adoptive parent's residency.
(u) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.
(v) “Support subsidy” means payment for support of a child who has been placed for adoption.
History: Add. 1980, Act 292, Eff. Nov. 18, 1980
Am. 1992, Act 40, Eff. June 28, 1992
Am. 1994, Act 238, Eff. July 5, 1994
Am. 1998, Act 22, Imd. Eff. Mar. 12, 1998
Am. 2002, Act 648, Imd. Eff. Dec. 23, 2002
Am. 2004, Act 193, Imd. Eff. July 8, 2004
Compiler's Notes: Act 288 of 1939, referred to in this section, was repealed by Act 34 of 1952, Act 143 of 1970, Act 543 of 1978, and Act 642 of 1978.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