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HB 4696

Children: guardians; definition of relative under the guardianship assistance act; modify. Amends sec. 2 of 2008 PA 260 (MCL 722.872). TIE BAR WITH: HB 4697'25

2025-2026 Regular Session Introduced by Kelly Breen and 27 co-sponsors

Summary — HB 4696 (2025) Amends: 2008 PA 260, Guardianship Assistance Act — section 2 (MCL 722.872) (as amended by 2023 PA 69) PurposeHB 4696 revises the statutory definition of “

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Bill Summary · HB 4696

Summary — HB 4696 (2025)

Amends: 2008 PA 260, Guardianship Assistance Act — section 2 (MCL 722.872) (as amended by 2023 PA 69)

Purpose

HB 4696 revises the statutory definition of “relative” used in the Michigan Guardianship Assistance Act. The change replaces a cross-reference to the probate code with an explicit, expanded definition intended to clarify who may qualify as a “relative” for purposes of guardianship assistance and foster placement approvals.

Key provisions / changes

  • Replaces the prior cross-reference to section 13a of chapter XIIA of the probate code with a standalone statutory definition of “relative.”
  • Under the new definition, a “relative” must:
    • Be at least 18 years old, and
    • Meet one of two alternative conditions:
    • (A) Be related to the child within the fifth degree by blood, marriage, or adoption. This explicitly includes:
      • The spouse of a relative (even if that marriage has ended by death or divorce);
      • The parent who shares custody of a half‑sibling; and
      • The parent of a man whom a court has found probable cause to be the putative father if there is no man with legally established rights to the child.
    • (B) Not be related within the fifth degree but have a “strong positive emotional tie or role” in the child’s life (or in a parent’s life when the child is an infant). This determination is made by the Department of Health and Human Services (DHHS), except that for Indian children the child’s tribe alone makes this determination.
    • Additionally, the individual must have been approved for foster care placement.
  • The bill retains other defined terms in section 2 (e.g., “guardian,” “guardianship assistance agreement,” “eligible child,” “Title IV‑E”) and includes a conditional enactment clause: the amendatory act does not take effect unless the related Senate or House bill (tie‑bar) is enacted.

Who is affected

  • Prospective guardians and relatives who may seek guardianship assistance or foster care placement: the new explicit language broadens and clarifies eligible caregivers.
  • Department of Health and Human Services: will make determinations about non‑relative caregivers’ “strong positive emotional tie” and continue foster‑care approvals.
  • Tribal authorities: retain exclusive authority to determine the “strong positive emotional tie” for Indian children.
  • Child welfare system and courts: will apply the revised definition when assessing guardianship assistance eligibility.
  • Potential fiscal impact: broadened eligibility could increase guardianship assistance expenditures and may affect Title IV‑E federal funding administration (depends on implementation and caseload).

Procedural status / timeline

  • Filed (House): March 12, 2025
  • Referred to Committee on Families & Veterans; public hearings and committee action occurred in April–May 2025
  • Passed the House: May 14, 2025 (read three times; engrossed)
  • Received from the House: May 15, 2025
  • Bill electronically reproduced: June 26, 2025
  • Tie bar: Enactment conditioned on companion legislation (tie‑bar with HB 4697; companion Senate bill noted as SB 954)

Notes

  • The amendment is narrowly targeted to the definition of “relative” in the Guardianship Assistance Act (MCL 722.872), clarifying eligibility criteria for guardianship assistance and foster placement approvals.

Compiled from official sources — confirm details with the bill’s official record.

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