June 14, 2011, Introduced by Senators CASWELL, JANSEN, PROOS, NOFS, EMMONS and MOOLENAAR and referred to the Committee on Appropriations.
A bill to establish a program to allow youths 18 years of age
to 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) "Department" means the department of human services.
(b) "Extended foster care services" means care and
responsibility provided by the department for a youth in foster
care.
(c) "Youth" means an individual who is at least 18 years of
age, but less than 21 years of age.
ARTICLE II
Sec. 5. The department may allow a youth to receive 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.
(c) The youth is participating in a program or activity
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. 7. A youth choosing to participate in extended foster
care services 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 5 for the duration
of the voluntary foster care agreement.
(b) The obligation to attend any hearing held under section
9(2).
(c) Any obligation considered necessary by the court for the
youth to continue to receive extended foster care services ordered
by the court.
(d) Any obligation considered necessary by the court to
facilitate the youth's continued success in the program.
(e) Termination of a voluntary foster care agreement and
program participation as described in section 11.
(f) The voluntary nature of the youth's participation in
receiving extended foster care services.
Sec. 9. (1) The court shall retain jurisdiction over a youth
receiving extended foster care services if the court obtained
jurisdiction over the youth before he or she turned 18 years of
age.
(2) The court shall hold a hearing for a youth receiving
extended foster care services not less than 1 time every 180 days
to review the voluntary foster care agreement with the youth, to
determine compliance with the voluntary foster care agreement, and
to address any issues or need for additional services for the
youth.
(3) The youth must participate in and may have legal
representation at a hearing required under this section.
Sec. 11. (1) A youth may choose to terminate the voluntary
foster care agreement and stop receiving extended foster care
services at any time. Except as provided in section 2a of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2a, the
court shall not retain jurisdiction over the youth after the youth
stops receiving extended foster care services.
(2) If, at any time, the court determines that the youth is
not in compliance with the voluntary foster care agreement or any
program requirements, the court may terminate jurisdiction over the
youth. The court shall provide written or electronic notice to the
department and the youth regarding termination of the court's
jurisdiction and the youth's participation in the program.
(3) 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 if he or she has been out
of foster care for not more than 180 days.
ARTICLE III
Sec. 13. (1) The department may allow a youth to continue to
receive guardianship assistance 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.
Sec. 15. (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. 17. The department may continue to provide adoption
assistance to a youth if the department determines that the youth
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.
(c) The youth is enrolled in an institution that provides
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
in subdivisions (b) to (e) due to a medical condition. This
incapacity must be supported by regularly updated information.