SB-0440, As Passed Senate, November 10, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 440

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending sections 18c and 115j (MCL 400.18c and 400.115j),

section 115j as amended by 2009 PA 17.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 18c. (1) Foster care financed by a county department of

social welfare shall be provided by the use of licensed child

caring institutions or placement agencies, in accordance with the

needs of the child, or if licensed child caring institutions or

placement agencies are not available, or there is a religious

conflict, foster care shall be provided under the direct

supervision of the county department, which care shall meet the

following standards of care and service:

(a) (1) Personnel engaged in placement and supervision of

children in foster care shall have qualifying training and

experience.

(b) (2) Adequate records shall be maintained with information

on the physical and mental health of the child, his or her

emotional stability and family background, together with the

reasons for the child's placement away from home to aid in planning

for any child placed by the department, toward the end that the

child may be reunited with his or her family as soon as it appears

possible.

(c) (3) Family foster homes used by the department shall be

selected with consideration of the religious, racial, and cultural

background of the child to be placed and children thus placed shall

be visited in these homes at least once a month.

     (2) The department may place a child who is at least 16 but

less than 21 years of age in an unlicensed residence to live

independently, or in the unlicensed residence of an adult who has

no supervisory responsibility for the child, if the department

maintains supervisory responsibility for that child. If the child

is at least 18 but less than 21 years of age, he or she must meet

the requirements of the young adult voluntary foster care act.

     Sec. 115j. (1) Adoption Except as provided in subsections (2)

to (4), adoption assistance or a medical subsidy, or both, shall

continue until 1 of the following occurs:

     (a) The adoptee becomes 18 years of age.

     (b) The adoptee is emancipated.

     (c) The adoptee dies.

     (d) The adoption is terminated.

     (e) A determination of ineligibility is made by the

department.

     (2) If sufficient funds are appropriated by the legislature in

the department's annual budget, adoption support subsidy agreements

or adoption medical subsidy agreements, or both, may be extended

through state funding for an adoptee under 21 years of age if all

of the following criteria are met:

     (a) The adoptee has not completed high school or a GED

program.

     (b) The adoptee is regularly attending high school or a GED

program or a program for children with disabilities on a full-time

basis and is progressing toward achieving a high school diploma,

certificate of completion, or GED.

     (c) The adoptee is not eligible for supplemental security

income.

     (3) Adoption support subsidy agreements may be extended

through title IV-E funding for an eligible adoptee up to the age of

19 21 years if the state department determines that the child has a

mental or physical disability that warrants continuation of

adoption assistance and the child was adopted before 16 years of

age.

     (4) Adoption support subsidy agreements may be extended for a

child adopted on or after his or her sixteenth birthday if the

department determines that the eligible adoptee meets the

requirements set forth in the young adult voluntary foster care

act.

(5) (4) Adoption assistance and a medical subsidy shall

continue even if the adoptive parent or the adoptee leaves the

state.

(6) (5) An adoption support subsidy shall continue during a

period in which the adoptee is removed for delinquency from his or

her home as a temporary court ward based on proceedings under

section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA

288, MCL 712A.2.

(7) (6) Upon the death of the adoptive parent, the department

shall continue making support subsidy payments or continue medical

subsidy eligibility, or both, through state funding to the guardian

of the adoptee if a guardian is appointed as provided in section

5202 or 5204 of the estates and protected individuals code, 1998 PA

386, MCL 700.5202 and 700.5204.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 435 of the 96th Legislature is enacted into

law.