SB-0435, As Passed House, November 9, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 435

A bill to establish a program for youths at least 18 years of

age who choose to remain under certain state care up to 21 years of

age; and to prescribe the powers and duties of certain state

departments and agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

ARTICLE I

Sec. 1. This act shall be known and may be cited as the "young

adult voluntary foster care act".

Sec. 3. As used in this act:

(a) "Court" means the family division of the circuit court.

(b) "Department" means the department of human services.

age but less than 21 years of age.

ARTICLE II

Sec. 5. The department shall implement the young adult

voluntary foster care act in accordance with the state's approved

title IV-E state plan.

Sec. 7. A youth who exited foster care after reaching 18 years

of age but before reaching 21 years of age may reenter foster care

and receive extended foster care services.

Sec. 9. The department may provide extended foster care

services if the youth meets 1 of the following conditions for

eligibility:

(a) The youth is completing secondary education or a program

leading to an equivalent credential.

(b) The youth is enrolled in an institution that provides

postsecondary or vocational education.

designed to promote employment or remove barriers to employment.

(d) The youth is employed for at least 80 hours per month.

(e) The youth is incapable of doing any part of the activities

in subdivisions (a) to (d) due to a medical condition. This

assertion of incapacity must be supported by regularly updated

information in the youth's case plan.

Sec. 11. If a youth chooses to participate in extended foster

care services and meets the eligibility criteria set forth in

section 9, the department and the youth shall sign a voluntary

foster care agreement that shall include, at a minimum, information

regarding all of the following:

(a) The obligation for the youth to continue to meet the

conditions for eligibility described in section 9 for the duration

of the voluntary foster care agreement.

(b) Any obligation considered necessary by the department for

the youth to continue to receive extended foster care services.

facilitate the youth's continued success in the program.

(d) Termination of a voluntary foster care agreement and

program participation as described in section 23.

(e) The voluntary nature of the youth's participation in

receiving extended foster care services.

Sec. 13. As soon as the department determines that a youth is

eligible under section 9 and the youth signs the voluntary foster

care agreement described in section 11, the department may provide

extended foster care services to the youth in accordance with this

act.

Sec. 15. Within 150 days after the voluntary foster care

agreement is signed, the department shall file with the court in

the county where the youth resides a written report that shall

contain all of the following:

(a) The youth's name, date of birth, race, gender, and current

address.

(b) A statement of facts that supports the voluntary foster

care agreement and includes both of the following:

(i) The reasonable efforts made to achieve permanency for the

youth.

(ii) The reasons why it remains in the youth's best interests

to continue in voluntary foster care.

(d) Any other information the department or the youth wants

the court to consider.

Sec. 17. The court has the jurisdiction to review the

voluntary foster care agreement signed by the department and the

youth in section 11. Upon the filing of a report under section 15,

the court shall open a young adult voluntary foster care case for

the purpose of determining whether continuing in voluntary foster

care is in the youth's best interests. The court shall make that

determination not later than 21 days after the date the report was

filed as described in section 15.

Sec. 19. Following the court's determination in section 17,

the court shall close the young adult voluntary foster care case

and the department shall provide extended foster care services to

the youth in accordance with this act.

Sec. 21. The department shall conduct periodic case reviews

not less than once every 180 days to address the status of the

youth's safety, continuing necessity and appropriateness of

placement, extent of compliance with the case plan, and projected

date by which the youth may no longer require extended foster care

services.

Sec. 23. (1) A youth may choose to terminate the voluntary

foster care agreement and stop receiving extended foster care

services at any time.

(2) If, at any time, the department determines that the youth

is not in compliance with the voluntary foster care agreement or

any program requirements, the department may terminate the

voluntary foster care agreement with the youth and stop providing

extended foster care services to the youth. The department shall

provide written or electronic notice to the youth regarding

termination of the voluntary foster care agreement and the youth's

participation in the program.

ARTICLE III

Sec. 25. (1) The department may provide extended guardianship

assistance for a youth, who is at least 18 years of age but less

than 21 years of age, if the youth began receiving guardianship

assistance at 16 years of age or older.

(2) The department shall determine a youth's initial and

subsequent eligibility for extended guardianship assistance in

accordance with the state's approved title IV-E plan.

Sec. 27. The department may provide extended guardianship

assistance in accordance with this article if the youth meets 1 of

the following conditions for eligibility:

(a) The youth is completing secondary education or a program

leading to an equivalent credential.

(b) The youth is enrolled in an institution that provides

postsecondary or vocational education.

designed to promote employment or remove barriers to employment.

(d) The youth is employed for at least 80 hours per month.

(e) The youth is incapable of doing any part of the activities

in subdivisions (a) to (d) due to a medical condition. This

assertion of incapacity must be supported by regularly updated

information.

Sec. 29. (1) The court shall retain jurisdiction of a youth

receiving extended guardianship assistance until that youth no

longer receives guardianship assistance.

(2) The court shall hold a hearing regarding the youth's

continued participation in extended guardianship assistance not

less than 1 time every 12 months. A hearing held under this section

may be combined with a hearing held under section 19(2) to (4) of

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19,

section 19a(1) of chapter XIIA of the probate code of 1939, 1939 PA

288, MCL 712A.19a, or section 19c(1) of chapter XIIA of the probate

code of 1939, 1939 PA 288, MCL 712A.19c.

ARTICLE IV

Sec. 31. (1) In accordance with the provisions of section

115j(4) of the social welfare act, 1939 PA 280, MCL 400.115j, the

department may provide extended adoption assistance for an adoptee

who is at least 18 years of age but less than 21 years of age if

the department determines that the adoptee first received adoption

assistance at age 16 years or older and 1 of the following exists:

(a) The youth has a mental or physical disability that

warrants continuation of adoption assistance.

(b) The youth is completing secondary education or a program

leading to an equivalent credential.

postsecondary or vocational education.

(d) The youth is participating in a program or activity

designed to promote employment or remove barriers to employment.

(e) The youth is employed for at least 80 hours per month.

(f) The youth is incapable of doing any part of the activities