Summary — HB 6025 (Guardianship Assistance Act amendments)
Status / Key dates
- Introduced: Oct. 15, 2024 (Rep. Stephanie A. Young).
- Committee consideration: Families, Children & Seniors; reported Nov–Dec 2024.
- House passage (with H‑1 substitute): Dec. 10, 2024 (given immediate effect by House).
- Subsequent legislative actions in spring 2025; enrolled and transmitted.
- Governor signed: May 28, 2025 — Chapter No. 2025‑103; effective upon becoming law (May 28, 2025).
Purpose
- To revise eligibility definitions and approval requirements under the Michigan Guardianship Assistance Act (2008 PA 260) so that relatives who are approved for foster care placement — even if not licensed foster parents — can be eligible for guardianship assistance (including Title IV‑E federal funding when applicable).
What the bill changes (major provisions)
- Redefines “relative” for the Act to require, in addition to the existing relationship/emotional‑tie tests, that the individual “has been approved for foster care placement.” (Amends MCL 722.872.)
- Modifies prospective‑guardian eligibility (Amends MCL 722.874):
- A prospective guardian may be approved for guardianship assistance if the child has resided with the prospective guardian for at least six months before the application, and the prospective guardian is either:
- the child’s relative (as redefined), or
- a licensed foster parent.
- Removes (in the bill’s intent/analysis) the prior broader category that included “legal custodian” as a qualifying prospective guardian (committee analyses described this removal; the substitute clarifies approval and placement requirements).
- Approval must include criminal record checks, child abuse/neglect registry checks for the guardian, successor guardians, and all adults in the home, and fingerprint submissions for state and FBI criminal history checks.
- Title IV‑E and state funding rules:
- Relative caregivers who are approved for foster care placement and who provide six consecutive months of care after approval (or licensure) for a Title IV‑E eligible child become eligible for federal Title IV‑E guardianship assistance when other eligibility criteria are met.
- Children not eligible for Title IV‑E placed with an approved relative or a licensed foster parent may be eligible for state‑funded guardianship assistance if statutory criteria are met.
- Successor guardians remain eligible for payments if statutory criteria are met.
Who is affected
- Children in foster care and their relatives (potential guardians).
- Prospective guardians (relatives and licensed foster parents).
- Michigan Department of Health and Human Services (DHHS) — responsible for approvals and checks.
- Local units of government (possible increased guardianship caseloads).
- Licensed foster parents and unlicensed approved relatives (financial assistance eligibility).
Fiscal impact
- House Fiscal Agency: net state and local costs would increase by an indeterminate amount, depending on how many additional relatives become guardians and how many children enter guardianship.
- Current daily maintenance rates cited: $22.35/day (ages 0–12) and $26.69/day (ages 13–18); additional Determination of Care payments may apply.
- Note: a federal rule change allowing some unlicensed relatives to receive Title IV‑E funds is already affecting budgeting; a $10.0 million GF/GP savings assumption was included in FY 2024–25 budget to account for that rule change.
Practical effect
- Lowers the administrative barrier for relatives who are approved (but not necessarily licensed) for foster care placement to receive guardianship assistance on behalf of children they care for, and aligns Michigan statute more closely with federal Title IV‑E practice that permits certain unlicensed relative caregivers to receive federal funds.