If the court appoints a guardian for a child under MCL 712A.19a(9)(c) or MCL 712A.19c(2), the Department of Health and Human Services (DHHS) is permitted to provide assistance payments to guardians of eligible children under the Guardianship Assistance Act, MCL 722.871 et seq. Guardianship assistance may make possible guardianships of children for whom “[r]eunification and placing the child for adoption are not appropriate permanency options.” See MCL 722.873(1)(c).
“[T]he [DHHS] may pay guardianship assistance to an eligible guardian on behalf of an eligible child.” MCL 722.875(1). The prospective guardian1 must apply to the DHHS for the guardianship assistance. MCL 722.875(2). The DHHS must determine eligibility within 30 days after receiving a complete application for guardianship assistance. MCL 722.875(8).
Note: ”If guardianship assistance is requested, the determination of eligibility and a guardianship assistance agreement must be completed and signed by all parties before the court enters the order appointing the guardian(s)[.]” DHHS’s Child Guardianship Manual (GDM), Juvenile Guardianship GDM 600, p 13.
The guardian or successor guardian must also apply for and maintain medical insurance for the child. MCL 722.877.
A.Eligibility for Guardianship Assistance
The DHHS may pay guardianship assistance to an eligible guardian on behalf of an eligible child. MCL 722.875(1).
In order for a guardian to be eligible for guardianship assistance, he or she must meet the following conditions:
“(a) The guardian is the eligible child’s relative[2] or legal custodian.[3]
(b) The guardian is a licensed foster parent and approved for guardianship assistance by the [DHHS]. The approval process must include criminal record checks and child abuse and neglect central registry checks on the guardian and all adults living in the guardian’s home as well as fingerprint-based criminal record checks on the guardian. If the guardian’s fingerprints are stored in the automated fingerprint identification system under . . . MCL 722.115k, the [DHHS] shall use those fingerprints for the criminal record check required in this subdivision.
(c) The eligible child has resided with the prospective guardian in the prospective guardian’s residence for a minimum of 6 months before the application for guardianship assistance is received by the [DHHS].” MCL 722.874(1).
A child is eligible for guardianship assistance if the DHHS determines that all of the following provisions are satisfied:
“(a) The child has been removed from his or her home as a result of a judicial determination by a state court or tribal court within this state that allowing the child to remain in the home would be contrary to the child’s welfare.
(b) The child has resided in the home of the prospective guardian for, at a minimum, 6 consecutive months.
(c) Reunification and placing the child for adoption are not appropriate permanency options.
(d) The child demonstrates a strong attachment to the prospective guardian and the guardian has a strong commitment to caring permanently for the child until the child reaches 18 years of age.
(e) If the child has reached 14 years of age, he or she has been consulted regarding the guardianship arrangement.
(f) Certification has been made before the child’s eighteenth birthday.
(g) The guardianship assistance agreement has been signed by the prospective guardian and the [DHHS] before the guardianship is finalized by the court and before the child’s eighteenth birthday.” MCL 722.873.
“A determination by the [DHHS] on the eligibility of guardianship assistance does not affect a judicial finding that a guardianship should be ordered for the child.” MCL 722.873(2).
For additional information on juvenile guardianship assistance eligibility, see the DHHS’s Child Guardianship Manual (GDM), Juvenile Guardianship Assistance Eligibility GDM 715.
“Subject to the provisions of [the Guardianship Assistance] Act, the [DHHS] may pay guardianship assistance to an eligible successor guardian[4] on behalf of an eligible child.”5 MCL 722.875c(1). The successor guardian must apply to the DHHS for the guardianship assistance. MCL 722.875c(2).
Note: “Payment of guardian assistance shall not be made to a successor guardian until the court appoints a successor guardian. If the successor guardian began caring for the child before the court appoints the successor guardian, guardianship assistance payments can be made retroactively to either the date of death of the relative guardian, the date of incapacity of the relative guardian, or the date the successor guardian assumed care of the child, whichever is later.” MCL 722.875c(4).
In order for a successor guardian to be eligible for guardianship assistance, the DHHS must determine that all of the following conditions have been met:
“(a) A guardianship assistance agreement for the child was in effect before the appointment of the successor guardian.[6]
(b) The successor guardian was appointed by the court as a result of the death or incapacitation of the preceding guardian.
(c) The preceding guardian had an active guardianship assistance agreement for the child before his or her death or incapacitation.
(d) The successor guardian meets all of the conditions set forth in this act.”7 MCL 722.875c(5).
C.Guardianship Assistance Agreement
If the DHHS finds that a child and a guardian are eligible for guardianship assistance, the DHHS must negotiate and enter into a written and binding guardianship assistance agreement with the child’s prospective guardian.8 MCL 722.875(3). A guardianship assistance agreement is “a negotiated binding agreement regarding financial support as described in [MCL 722.875] for children who meet the qualifications for guardianship assistance as specified in this act or in the [DHHS’s] administrative rules.” MCL 722.872(g). “[A] guardianship assistance agreement must remain in effect without regard to the state residency of the guardian.” MCL 722.875(5).
Note: The guardianship assistance agreement “may be transferred to a successor guardian who has been appointed by the court. This occurs when the successor guardian enters into a written, binding guardianship assistance agreement with the [DHHS].” MCL 722.875c(3).
“The guardianship assistance agreement must specify all of the following:
(a) The additional services and assistance the child and the guardian are eligible for under the guardianship assistance agreement.
(b) The procedure by which the guardian may apply for additional services, if needed.
(c) That the [DHHS] will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of an eligible child, to the extent the total cost does not exceed $2,000.00.” MCL 722.875(4).
A guardian’s eligibility for guardianship assistance must be determined “without regard to the income of the prospective guardian.” MCL 722.875(6).9
For additional information on juvenile guardianship assistance agreements, see the DHHS’s Child Guardianship Manual (GDM), Juvenile Guardianship Assistance Agreements/Guardian Responsibilities GDM 740.
The DHHS must annually review the guardian’s and child’s eligibility to determine whether the guardianship assistance should continue. MCL 722.875(7).
MCL 722.875(7) requires the guardian to provide all eligibility information requested by the DHHS for purposes of the annual review.
Note: It is the DHHS’s responsibility to collect, assemble, and report all data and information required for reporting purposes. MCL 722.878(1). The guardian or successor guardian must provide all the information within his or her possession that the DHHS requests for reporting purposes. MCL 722.878(2).
If a child’s permanency plan includes placement with a guardian and the receipt of guardianship assistance, the DHHS, child-placing agency, or tribal child welfare agency must include all of the following in the child’s case service plan:
“(a) The steps that the [DHHS], child placing agency, or tribal child welfare agency has taken to determine that reunification and placing the child for adoption have been determined not to be in the child’s best interest and ruled out as appropriate permanency options.
(b) The reason for any separation of siblings during placement.
(c) The reason a permanent placement through guardianship until the child reaches 18 years of age is in the child’s best interest.
(d) The reason why reunification and adoption have or have not been ruled out.
(e) The efforts the [DHHS], child placing agency, or tribal child welfare agency has made to discuss adoption by the prospective guardian as a permanent alternative to legal guardianship and documentation of the reason the prospective guardian has chosen not to pursue adoption.
(f) In cases where the parental rights have not been terminated, the efforts the [DHHS], the child placing agency, or the tribal child welfare agency has made to discuss with the child’s birth parent or parents the guardianship assistance arrangement, or the reasons why the efforts were not made.” MCL 722.875a.
F.Duration of Guardianship Assistance
Except as otherwise provided in MCL 722.876(2), the DHHSmay not provide guardianship assistance after any one of the following occurs:
“(a) The child reaches 18 years of age.
(b) The [DHHS] determines that the guardian is no longer legally responsible for support of the child.
(c) The [DHHS] determines that the child is no longer receiving any support from the relative guardian.
(d) The death of the child.
(e) The child is adopted by the guardian or another individual under the Michigan [A]doption [C]ode, . . . MCL 710.21 to [MCL] 710.70, or the adoption laws of any other state or tribal government.
(f) The guardianship is terminated by order of the court having jurisdiction in the guardianship proceeding.
(g) The death of the guardian unless a successor guardian has been appointed by the court.” MCL 722.876(1).
MCL 722.876(2) permits the DHHS to provide “extended guardianship assistance until the youth reaches 21 years of age if the youth meets the requirements set forth in the [Y]oung [A]dult [V]oluntary [F]oster [C]are [A]ct, . . . MCL 400.641 to [MCL] 400.671.” See Section 14.5(I).
If the DHHS terminates guardianship assistance, the DHHS must mail notice of the termination to the guardian’s current or last known address and to the court with jurisdiction over the guardianship. MCL 722.876(3). In its notice of termination the DHHS must inform the guardian and the court of its reason for terminating the guardianship assistance. Id.
“The guardianship assistance agreement must remain in effect without regard to the state residency of the guardian.” MCL 722.875(5).
G.Appealing the Department’s Guardianship Assistance Determination
“An applicant for guardianship assistance under [the Guardianship Assistance Act] or a guardian, successor guardian, or child who has received guardianship assistance under a guardianship assistance agreement may appeal a decision of the [DHHS] denying the application, establishing or modifying the guardianship assistance, or terminating guardianship assistance according to the administrative procedures act of 1969, . . . MCL 24.201 to 24.328.” MCL 722.879.
A petition requesting review of the DHHS’s determination must be within 60 days after the date of mailing notice of the department’s final determination. MCL 24.304(1). Filing a petition for review does not automatically stay enforcement of the department’s determination, but the department “may grant, or the court may order, a stay upon appropriate terms.” Id.
“[A] petition for review shall be filed in the circuit court for the county where petitioner resides or has his or her principal place of business in this state, or in the circuit court for Ingham county.” MCL 24.303(3).
“A petition for review shall contain a concise statement of:
(a) The nature of the proceedings as to which review is sought.
(b) The facts on which venue is based.
(c) The grounds on which relief is sought.
(d) The relief sought.” MCL 24.303(3).
A copy of the department’s determination must be attached as an exhibit to the petition. MCL 24.303(4).
2.Department’s Responsibilities on Appeal
“Within 60 days after service of the petition, or within such further time as the court allows, the [DHHS] shall transmit to the court the original or certified copy of the entire record of the proceedings, unless parties to the proceedings for judicial review stipulate that the record be shortened. A party unreasonably refusing to so stipulate may be taxed by the court for the additional costs. The court may permit subsequent corrections to the record.” MCL 24.304(2) MCL 24.304(2).
3.Application Requesting Leave to Present Additional Evidence
“If timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that an inadequate record was made at the hearing before the [DHHS] or that the additional evidence is material, and that there were good reasons for failing to record or present it in the proceeding before the [DHHS], the court shall order the taking of additional evidence before the [DHHS] on such conditions as the court deems proper. The [DHHS] may modify its findings, decision or order because of the additional evidence and shall file with the court the additional evidence and any new findings, decision or order, which shall become part of the record.” MCL 24.305.
In reviewing an appeal, the court must do so without a jury and limit its review to what is provided in the record. MCL 24.304(3). However, the court may take evidence not shown on the record if the appeal involves an alleged irregularity in the department’s procedures. Id. On a party’s request, the court must also hear oral arguments and receive written briefs. Id.
The court must decide whether the department’s determination was supported by “competent, material[,] and substantial evidence on the whole record.” Russo v Michigan Dep’t of Licensing & Regulation, 119 Mich App 624, 630-631 (1982). In Russo, the Court defined substantial evidence as: “The ‘substantial evidence test’ has been defined as evidence which a reasoning mind would accept as sufficient to support a conclusion. While it consists of more than a mere scintilla of evidence it may be substantially less than a preponderance of the evidence.” Id. at 631 (internal citations omitted).
After the court’s review, the court may do any of the following:
(1) Remand for further proceedings.
(2) Remand for the taking of additional evidence.
(3) Affirm the DHHS’s determination (in whole or in part).
(4) Reverse the DHHS’s determination (in whole or in part).
(5) Modify the DHHS’s determination. MCL 24.306(2).
“Except when a statute or the constitution provides for a different scope of review, the court shall hold unlawful and set aside a decision or order of [the DHHS’s] if substantial rights of the petitioner have been prejudiced because the decision or order is any of the following:
(a) In violation of the constitution or a statute.
(b) In excess of the statutory authority or jurisdiction of the [DHHS].
(c) Made upon unlawful procedure resulting in material prejudice to a party.
(d) Not supported by competent, material and substantial evidence on the whole record.
(e) Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion.
(f) Affected by other substantial and material error of law. MCL 24.306(1).
The court is authorized to appoint a guardian or juvenile guardian at a permanency planning hearing (rather than terminating parental rights or returning the child home) or after parental rights to the child have been terminated.10 See MCL 712A.19a; MCL 712A.19c. The DHHS, not the court, determines whether a guardian will receive guardianship assistance. See the Guardianship Assistance Act, MCL 722.871 et seq.
“The legal guardianship must be a judicially created relationship as provided for under . . . MCL 712A.19a and [MCL] 712A.19c, another state’s law or code, or tribal law or code when the child is a ward of this state, between the child and the child’s guardian that is intended to be permanent and self-sustaining as evidenced by the transfer to the guardian of the following parental rights with respect to the child:
(a) Protection.
(b) Education.
(c) Care and control of the individual.
(d) Custody of the individual.
(e) Decision making.” MCL 722.875b.
Appointment of a guardian shifts the legal responsibility for the child to the guardian. MCL 712A.19c(7), (9). A guardian appointed under MCL 712A.19c has all the powers and duties described in MCL 700.5215. MCL 712A.19c(7).
Note: “If guardianship assistance is requested, the determination of eligibility for guardianship assistance and a signed guardianship assistance agreement must be completed before the court enters the order appointing the guardian.” DHHS’s Child Guardianship Manual (GDM), Juvenile Guardianship GDM 600, p 13.
The court’s jurisdiction over the child terminates after a guardian is appointed and a review hearing is held under MCL 712A.19. MCL 712A.19c(9). However, the court’s jurisdiction over the guardianship continues until released by court order. MCL 712A.19c(10);MCR 3.979(C)(1)(a). “Unless terminated by court order, the court’s jurisdiction over a juvenile guardianship ordered under MCL 712A.19a or MCL 712A.19c for a youth 16 years of age or older shall continue until 120 days after the youth’s eighteenth birthday.” MCR 3.979(C)(1)(b). If the DHHS provides the court with notice that it is extending guardianship assistance to a youth beyond the age of 18 under MCL 400.665 (Young Adult Voluntary Foster Care Act), the court must “retain jurisdiction over the guardianship until that youth no longer receives extended guardianship assistance.”11 MCR 3.979(C)(1)(b). “Upon receipt of notice from the [DHHS] that it will not continue extended guardianship assistance, the court shall immediately terminate the juvenile guardianship.” MCR 3.979(D)(1)(c).
The court must “conduct an annual review of a juvenile guardianship as to the condition of the child until the child’s eighteenth birthday.” MCR 3.979(D)(1)(a). See also MCL 712A.19c(10). The court may conduct additional reviews as it deems necessary, or it may order the DHHS or a court employee to conduct an investigation and file a written report. MCL 712A.19c(10); MCR 3.979(D)(1)-(2). “If, under [MCR 3.979(C)(1)(b) (retention of court jurisdiction for extended juvenile guardianship assistance)], the [DHHS] has notified the court that extended guardianship assistance has been provided to a youth pursuant to MCL 400.665, the court shall conduct an annual review hearing . . . [until] the youth is no longer eligible for extended guardianship assistance.” MCR 3.979(D)(1)(b).12
I.Young Adult Guardianship Extension (YAGE)
MCL 722.876(2) permits the DHHS to provide “extended guardianship assistance until the youth reaches 21 years of age if the youth meets the requirements set forth in the [Y]oung [A]dult [V]oluntary [F]oster [C]are [A]ct[ (YAVFCA)], . . . MCL 400.641 to [MCL] 400.671.”
Under the YAVFCA, the DHHS may provide extended guardianship assistance to a youth between the ages of 18-20 if the youth began receiving guardianship assistance at 16 years of age or older and the youth meets one of the eligibility conditions set out in MCL 400.667.13 MCL 400.665; MCL 400.667. Under MCL 400.667, the youth must meet one of the following eligibility conditions:
“(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.” MCL 400.667.
For additional information on extending guardianship assistance, see the DHHS’s Child Guardianship Manual (GDM), Extensions for Youth Entering Guardianship at Ages 16-17 GDM 716.
1.Notice
The DHHS “will mail an application[14] and notice of eligibility or [the Young Adult Guardianship Extension (YAGE) program] to the guardian no later than 90 days before the youth’s 18th birthday.” SCAO Administrative Memorandum 2012‐04, p 5. The DHHS will also send a notice to the court with jurisdiction over the juvenile guardianship to “inform the court that the youth may be eligible for an extension, and [to] request[] [that] the court [] keep the guardianship case open for 120 calendar days following the youth’s 18th birthday to allow time to complete the application and eligibility determination process.” SCAO Administrative Memorandum 2012‐04, supra at p 5.
2.Approval
“[The DHHS] determines the youth’s initial and subsequent eligibility for extended guardianship assistance.” SCAO Administrative Memorandum 2012‐04, supra at p 4. If the DHHS approves the extension, it will mail a voluntary agreement15 to the guardian for the guardian and youth to sign. DHHS’s Child Guardianship Manual (GDM), Extensions for Youth Entering Guardianship at Ages 16-17 GDM 716.
Note: “Both the youth and the guardian must sign [the] voluntary agreement with [the DHHS] under which the youth and guardian pledge compliance with [MCL 400.667].” SCAO Administrative Memorandum 2012-04, supra at p 4.
“If [the DHHS] approves the application [and upon receipt of the signed voluntary agreement], it will send a copy of the signed voluntary agreement to the court, requesting the court to continue the guardianship.”16 SCAO Administrative Memorandum 2012-04, supra at p 5. “The court shall determine whether the juvenile guardianship remains in the youth’s best interests and issue an order.”17 Id.
Note: “[The] SCAO recommends that, upon receiving a voluntary agreement and request to keep the case open, the court schedule the required annual review hearing to ensure that a best interests determination is made within 365 days after the youth’s 18th birthday and annually thereafter.”
3.Court’s Role
Retain jurisdiction of the youth. “If the court has appointed a [juvenile] guardian under [MCL 712A.19a] or [MCL 712A.19c][18] for a youth age 16 or older, the court shall retain jurisdiction of the youth until the [DHHS] determines the youth’s[19] eligibility to receive extended guardianship assistance under the [YAVFCA], . . . MCL 400.641 to [MCL] 400.671, that shall be completed within 120 days of the youth’s eighteenth birthday. If the [DHHS] determines the youth will receive extended guardianship assistance, the court shall retain jurisdiction of the youth until that youth no longer receives guardianship assistance.”20 MCL 712A.2a(4) (emphasis added). See also MCL 400.669(1), which requires the court to retain its jurisdiction “of a youth receiving, or a youth for whom the department is determining eligibility for receiving, extended guardianship assistance until that youth no longer receives guardianship assistance.” But see MCL 712A.19a(12), MCL 712A.19c(9), and MCR 3.979(C)(1)(a), which require the court’s jurisdiction over the child pursuant to MCL 712A.2(b) to terminate once the juvenile guardian is appointed and a review hearing is conducted under MCL 712A.19.
Retain jurisdiction of the guardianship. If the DHHS provides the court with notice that it is extending guardianship assistance to a youth beyond the age of 18 under MCL 400.665 (YAVFCA), the court must also “retain jurisdiction over the guardianship until that youth no longer receives extended guardianship assistance.” MCR 3.979(C)(1)(b) (emphasis added).
Conduct Reviews. MCR 3.979(D)(1)(b) sets forth the court’s responsibilities for conducting reviews on extended guardianship assistance:
•“If, under [MCR 3.979(C)(1)(b) (retention of court jurisdiction over juvenile guardianship for extended juvenile guardianship assistance)], the [DHHS] has notified the court that extended guardianship assistance has been provided to a youth pursuant to MCL 400.665, the court shall conduct an annual review hearing at least once every 12 months thereafter to determine that the guardianship meets the criteria under MCL 400.667.[21] The duty to conduct an annual review hearing on extended guardianship assistance shall discontinue when the youth is no longer eligible for extended guardianship assistance. Notice of the hearing under this subrule shall be sent to the guardian and the youth as provided in MCR 3.920(D)(1).
(i) The hearing conducted under this subrule may be adjourned up to 28 days for good cause shown.
(ii) If requested by the court, the guardian must provide proof at the review hearing that the youth is in compliance with the criteria of MCL 400.667.
(iii) Following a review hearing under this subrule, the court shall issue an order to support its determination and serve the order on the [DHHS], the guardian, and the youth.”
“Upon receipt of notice from the [DHHS] that it will not continue extended guardianship assistance, the court shall immediately terminate the juvenile guardianship.” MCR 3.979(D)(1)(c).
For additional information on the court’s jurisdiction following the appointment of a juvenile guardian, see Section 4.9.
J.Title IV-E Eligibility22
MCL 722.874(2) and MCL 722.874(3) address Title IV-E23 funding and its relationship to guardianship assistance:
“(2) Only a relative who is a licensed foster parent caring for a child who is eligible to receive [T]itle IV-E-funded foster care payments for 6 consecutive months after licensure of the family is eligible for federal funding under [T]itle IV-E for guardianship assistance. A child who is not eligible for [T]itle IV-E funding who is placed with a licensed foster parent, related or unrelated, and who meets the requirements of [MCL 722.873(a)-(e)] may be eligible for state-funded guardianship assistance.
(3) If a child is eligible for [T]itle IV-E-funded guardianship assistance under [MCL 722.873] but has a sibling who is not eligible under [MCL 722.873], both of the following apply:
(a) The child and any of the child’s siblings may be placed in the same relative guardianship arrangement in accordance with . . . the probate code, [MCL 712A.1 et seq.,] another state’s law or code, or tribal law or code, if the [DHHS] and the relative agree on the appropriateness of the arrangement for the sibling.
(b) Title IV-E-funded relative guardianship assistance payments may be paid on behalf of each sibling placed in accordance with this subsection.”
To maintain a child’s Title IV-E funding eligibility when his or her juvenile guardianship is revoked and the child protective proceeding is reinstated, the court must make “contrary to the welfare of the child findings” and place the child with the DHHS. SCAO Memorandum, Juvenile Guardianship Guidelines for Transfer of Jurisdiction, Child Support, and Funding Issues, p 5. The contrary to the welfare of the child findings are made against the juvenile guardian (not the child’s parents). Juvenile Guardianship Guidelines for Transfer of Jurisdiction, Child Support, and Funding Issues, supra at 5 n 10. However, if the child has not lived with the juvenile guardian for the last six consecutive months, the SCAO recommends that the court make reasonable efforts and contrary to the welfare findings regarding both the juvenile guardian and the child’s parents. Id. If the court fails to make a reasonable efforts finding in its order revoking the juvenile guardianship, the finding needs to be made within 60 days of the revocation order. Id. at 6. See Section 16.8(E) for a detailed discussion of revoking a juvenile guardianship.
Note: A new petition alleging abuse and neglect does not need to be filed against the guardian. Juvenile Guardianship Guidelines for Transfer of Jurisdiction, Child Support, and Funding Issues, supra at 5.
1 “‘Prospective guardian’ means an individual seeking guardianship of a child if an order appointing that guardianship has not been finalized by the court.” MCL 722.872(j).
2 “‘Relative’ means that term as defined in . . . MCL 712A.13a.” MCL 722.872(k).
3 “‘Legal custodian’ means an individual who is at least 18 years of age in whose care a child remains or is placed after a court makes a finding under . . . MCL 712A.13a.” MCL 722.872(h).
4 “‘Successor guardian’ means a person appointed by the court to act as a legal guardian when the preceding guardian is no longer able to act as a result of his or her death or incapacitation under . . . MCL 712A.19a [or MCL] 712A.19c. Successor guardian does not include a person appointed as a guardian if that person’s parental rights to the child have been terminated or suspended.” MCL 722.872(l).
5 MCL 722.874(4) permits a successor guardian to receive guardianship assistance payments if the child meets the eligibility requirements set out under MCL 722.873. For the eligibility requirements under MCL 722.873, see Section 14.5(A).
6 For additional information on guardianship assistance agreements, see Section 14.5(C).
7 For eligibility conditions set out under the Guardianship Assistance Act, see Section 14.5(A).
8 “[The DHHS] must provide the prospective guardian [with] a signed copy of the guardianship assistance agreement.” MCL 722.875(3).
9 The amount of a guardianship assistance payment includes determination of the rate of care for the child if the child were placed or remained in foster care plus any increase in payment due to an increase in the standard age-appropriate foster care rate paid by the DHHS. MCL 722.875(6). A guardianship assistance payment made on a child’s behalf may not exceed the amount of a foster care maintenance payment that would have been paid on the child’s behalf had the child remained in foster care. Id.
10 See Section 16.8(A) for a detailed discussion of juvenile guardianship appointments during permanency planning hearings, and Section 18.5(A) for a detailed discussion of post-termination guardianship appointments.
11 For additional information on the extension of guardianship assistance under MCL 400.665, see Section 14.5(I).
12 For additional information on the extension of guardianship assistance under MCL 400.665, including the annual review requirements, see Section 14.5(I).
13 “The [DHHS] shall determine a youth’s initial and subsequent eligibility for extended guardianship assistance in accordance with the state’s approved [T]itle IV‐E plan.” MCL 400.665(2).
14 See DHHS form DHS‐1339‐G, Young Adult Guardianship Assistance Extension.
15 See DHHS form DHS‐3313‐YA, Young Adult Guardianship Assistance Extension Agreement.
16 “Within 30 calendar days of the date the DHS‐3313‐YA, Young Adult Guardianship Assistance Extension Agreement, was signed by the [DHHS] Subsidy Office manager, the [DHHS] Subsidy Office will provide a copy of the agreement to the guardian and the court with jurisdiction over the guardianship.” DHHS’s Child Guardianship Manual (GDM), Extensions for Youth Entering Guardianship at Ages 16-17 GDM 716, p 5 (emphasis added).
17 “Amendments to MCR 3.979(A)(1) are pending.” SCAO Administrative Memorandum 2012‐04, p 5 n 12. “The proposed court rules will require the court to serve the orders on the youth, the guardian[,] and [the DHHS].” SCAO Administrative Memorandum 2012‐04, supra at p 5. The court order should be sent to the DHHS at the following address: DHHS Adoption Subsidy Office, P.O. Box 30037, Lansing, MI 48909. SCAO Administrative Memorandum 2012‐04, supra.
18 The procedures in MCL 712A.19a pertain to the pretermination of parental rights, while the procedures in MCL 712A.19c pertain to the post-termination of parental rights.
19 For purposes of the Juvenile Code, the term youth “applies to a person 18 years of age or older concerning whom proceedings are commenced in the court under [MCL 712A.2] and over whom the court has continuing jurisdiction under [MCL 712A.2a(1)‐(6)].” MCL 712A.2a(8).
20 See Section 4.6 for a discussion of juvenile guardianship appointments, and Section 16.9 for a discussion of the Young Adult Voluntary Foster Care Act (YAVFC).
21 See also MCL 400.669(2), which requires “[t]he court [to] 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 [MCL 400.669(2)] may be combined with a hearing held under [MCL 712A.19(2)] to [MCL 712A.19(4)], . . . [MCL 712A.19a(1)], . . . or [MCL 712A.19c(1)] . . . .” MCL 400.669(2).
22 See the Department of Health & Human Services, Children’s Bureau Letter to Child Welfare and Judicial Leaders, which details the judicial determinations and proceedings that must be held in order to satisfy Title IV-E requirements as well as suggestions for ensuring courts continue “to practice in a manner consistent with constitutional principles and to serve the best interest of children[.]”
23 “‘Title IV-E’ refers to the federal assistance provided through the United States Department of Health and Human Services [(DHHS)] to reimburse states for foster care, adoption assistance payments, and guardianship assistance payments.” MCL 722.872(m).