January 13, 2011, Introduced by Rep. Slavens and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending sections 115f, 115h, and 115k (MCL 400.115f, 400.115h,
and 400.115k), section 115f as amended by 2004 PA 193 and sections
115h and 115k as added by 1994 PA 238.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 115f. As used in this section and sections 115g to 115s:
(a) "Adoptee" means the child who is to be adopted or who is
"Adoption assistance" means a support subsidy,
or both reimbursement of
expenses, or all of these.
(c) "Adoption assistance agreement" means an agreement between
the department and an adoptive parent regarding adoption
(d) "Adoption code" means the Michigan adoption code, chapter
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
(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
(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.
"Department" means the
family independence agency
department of human services.
(l) "Foster care" means placement by a court under section 2(b)
of chapter XIIA of the probate code, MCL 712A.2, 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
(m) "Medical assistance" means the federally aided medical
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
(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
18(1)(c) or (d) of chapter XIIA of
the probate code, of 1939,
1939 PA 288, MCL 712A.18 712A.1 to 712A.32.
(t) "Probate code" means the probate code of 1939, 1939 PA
288, MCL 710.21 to 712A.32.
(t) "Residence state" means the state in which
is a resident by virtue of the adoptive parent's residency.
"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.
"Support subsidy" means
payment for support of a child
who has been placed for adoption.
Sec. 115h. (1) The department may pay a medical subsidy to the
adoptive parent or parents of an adoptee who is placed for adoption
the home of the adoptive parent or parents
pursuant to under the
adoption code or the laws of any other state or a tribal
government, if all of the following requirements are met:
(a) The expenses to be covered by the medical subsidy are
necessitated by a physical, mental, or emotional condition of the
adoptee that existed or the cause of which existed before the
petition was filed confirmed
or certification was
established, whichever occurred first.
The adoptee was
in foster care at the time the petition for
adoption was filed. This subdivision does not apply to adoptions
confirmed pursuant to the adoption code before June 28, 1992
determined eligible for
adoption support subsidy as described
in section 115g or was in foster care under section 2(b) of chapter
XIIA of the probate code, MCL 712A.2, at the time the petition for
adoption was filed.
(c) Certification was made before the adoptee's eighteenth
(2) The department shall determine the amount of the medical
subsidy without respect to the income of the adoptive parent or
parents. The department shall not pay a medical subsidy until all
other available public money and third party payment is used. For
purposes of this subsection, third party payment is available if an
adoptive parent has an option, at or after the time of
certification, to obtain from the parent's employer health coverage
for the child, with or without cost to the adoptive parent. The
department may waive this subsection in cases of undue hardship.
(3) The adoptive parent or parents may request a medical
subsidy before or after the confirmation of the adoption. A medical
subsidy requested after the adoptee is placed in adoption is
effective the date the request is received by the department if the
necessary documentation for certification is received within 90
days after the request is made. In allocating available funding for
medical subsidies, the department shall not give preferential
treatment to requests that are made before the confirmation of an
adoption, but shall allocate funds based on a child's need for the
(4) Payment of a medical subsidy for treatment of a mental or
emotional condition is limited to outpatient treatment unless 1 or
more of the following apply:
Certification for the medical subsidy was made before the adoption
The adoptee was placed in foster
care by the court
to section 18(1)(d) or (e) of chapter XIIA of Act No. 288 of
the Public Acts of 1939, being section 712A.18 of the Michigan Compiled
Laws, before under section
2(b) of chapter XIIA of the
probate code, MCL 712A.2, at the time the petition for adoption was
The adoptee was certified for a
Sec. 115k. (1) An adoption assistance or medical subsidy
applicant, a preadoptive parent or parents with whom a child has
been placed under section 51 of the adoption code, MCL 710.51, an
the an adoptee's guardian, or the an adoptive
parents may appeal a determination of the department made under
act. The appeal shall be conducted
pursuant according to the
procedures act of 1969,
Act No. 306 of the Public Acts
of 1969, being sections 24.201 to 24.328 of the Michigan Compiled
Laws 1969 PA 306, MCL 24.201
to 24.328. An appeal brought
to under chapter 6 of Act No. 306 of the Public Acts of 1969,
being sections 24.301 to 24.306 of the Michigan Compiled Laws
the administrative procedures act of 1969, 1969 PA 306, MCL 24.301
to 24.306, shall be heard as follows:
(a) In the case of an adoptee residing in this state, by the
probate court for the county in which the petition for adoption was
filed or the county in which the adoptee is found.
(b) In the case of an adoptee not residing in this state, by
the probate court for the county in which the petition for adoption
The department shall notify the
adoptee and the adoptive parent
or parents individuals
identified in subsection (1) of their
rights of appeal under this section.