Governor Gretchen Whitmer signed Senate Bills 137 and 138 on July 11, passing the bi-partisan laws to expand eligibility for financial support to guardians of children within the Tribal community.
These acts would amend the Guardianship Assistance Act to include guardianship orders from out-of-state or Tribal courts to be allowed to apply for the Guardianship Assistance Program (GAP) under the Department of Health and Human Services (DHHS).
According to the senate fiscal analysis, Senate bill 137, sponsored by Senator John Damoose, modified the eligibility requirements for guardianship assistance.
When a guardian applies for GAP and has a guardianship agreement with DHHS, the act permits the department to pay for the guardianship assistance.
Before the amended bill, guardianship assistant agreements were required to specify the amount of assistance needed for each eligible child and the way it can be adjusted throughout time based on the guardian’s circumstances.
However, the new bill exempted this.
Now, the department must determine eligibility without considering the guardian’s income. Payment determination would rely on the care rate that was or would have been paid if the child was placed into foster care.
As the child gets older, the amount paid by DHHS must increase to reflect the appropriate foster care rate for children in the same age group.
According to the analysis, the bill now requires the DHHS to determine eligibility within 30 days after receiving a complete application for guardianship, rather than after just receiving a request, as written previously.
The agreement must include all the additional services the child and guardian are eligible for as well as the way the guardian can attain these services. The bill also specified the department will pay nonrecurring expenses in relations to obtaining legal guardianship of the child unless it exceeds $2,000.
As for determining guardianship of the child, the bill states that protection, education, care and control, custody and decision making are all taken into consideration by the court to come to a conclusion.
Even if the guardian has a different state residency, the guardianship assistance agreement is required to remain in effect. Although the DHHS will have to review the eligibility of the guardian and child annually. Guardians are required to provide the requested information for the annual reviews when it comes to reconsideration.
The bill continued to discuss the permanency placement of the child and the specifications of listing any reasonings as to why there is a need for the child to be placed elsewhere, or potentially separated from siblings under the child placing agency or Tribal child welfare agency.
According to Senate bill 137, the DHHS does not have to provide guardianship assistance under circumstances such as the child being 18 years old. Additionally, if it is determined that the guardian is not legally responsible for supporting the child, or the child is no longer getting support from the prospective guardian.
In the case the child dies or is adopted by another individual under the Michigan adoption code, or the adoption laws of any other state or Tribal government, DHHS is still not required to provide financial support. Including when guardianship is terminated by the court, or the death of the guardian – unless another guardian has been appointed.
However, the DHHS may be able to provide financial support until the child is 21 years old if the individual meets the specific requirements under the young adult voluntary foster care act.
If for some reason the guardianship assistance agreement is terminated, DHHS is required to send a notice by mail with the inclusion of the reasoning behind doing so.
Senate bill 138, sponsored by Senator Jeff Irwin, was amended to expand the definitions of terms such as “prospective guardian”, “guardian”, “certification”, “department”, “child” and so on. Furthermore, the bill specifies the eligibility of guardians and children for assistance provided by DHHS.
For instance, for the child to be eligible for guardianship assistance, they must have been removed from their home due to the state or Tribal courts determination of the child’s welfare. Additionally, the child must have lived with the prospective guardian for at least 6 consecutive months and the child must demonstrate a strong relation to the guardian, vice versa.
A couple of the eligibility requirements for guardians include that the guardian must be the child’s relative or legal custodian, which means an individual that is at least 18 years old that would provide care approved under probate code.
The guardian must also be a licensed foster parent and approved for guardianship assistance, meaning criminal records and background checks will be conducted on the guardian as well as any adults living in their home.
According to a press release, these bills together work to expand the opportunities for financial assistance to child cases that originated in Tribal courts within Michigan.
Before these were passed, GAP made it so guardians were only eligible for support if the child’s removal proceedings started in state courts. Therefore, the bills amend it so legal guardians that are designated by out-of-state or Tribal court orders can still receive financial support.
Besides the financial aspect, the amended bills also provide service plan requirements and guardianship arrangements for siblings.
In a press release, President of Bay Mills Indian Community Whitney Gravelle said the Bay Mills Indian Community is grateful for the amendments to the legislation as it empowers Tribal Nations in providing guardianships.
“With these amendments, Tribal Nations throughout the State of Michigan will be equipped to adequately and better serve our children and families and provide protection,” she said.
Damoose in the press release agreed. He said this fix will provide critical assistance to more Michigan families.
“Without this assistance, many cannot afford to step into the guardianship role, causing children to be placed in foster care instead,” he said. “These bills seek to right a wrong and help kids stay connected to their family and communities. The simple goal is to achieve a solution that is in the best interest of the children.”
The bills work to ensure equal support for Tribal families and keep indigenous children within their communities, Irwin said.
"Children placed with guardians by tribal courts will finally be able to get the same support other children receive in the same situation,” he said in the press release. “I applaud the Governor and tribal leaders for making this a priority."
Overall, the analysis showed these bills would have an undetermined fiscal impact on state and local government. It was mentioned that there was an increase in guardian assistance payments which means there could be an increase in cost of the GAP. Nevertheless, the impact would not be immediate.
The amended bills include Tribal cases which would ensure Tribal children are eligible for GAP payments. However, the cost could increase if the Tribal caseload increased. This would be determined by the number of cases and eligibility for Federal Title IV-E funding which is 50% funded by the state, or 100% if the case is fully-state funded.
The analysis concluded the base daily rate for children under 13 is $20.69 per day, while those over 13 years old hold a rate of $24.71, with potentially additional fees.