Children: foster care; conditions on the use of certain benefits for a child in foster care; provide. Amends 1994 PA 203 (MCL 722.951 - 722.960) by adding sec. 8g. TIE BAR WITH: HB 4750'25
What changed between versions
The new section was renumbered from 8f to 8g, indicating that section 8f is being added by a separate bill (HB 4750). The House version strips out most of the Senate text, keeping only notification and fund-release provisions.
Removed: mandatory screening of foster children for benefits eligibility within 90 days and annually; requirement to consult with parents or GAL on benefits decisions; requirement to apply for state and federal benefits on behalf of children; prohibition on using a child's benefits or assets to reimburse the cost of care (with limited exceptions); representative payee and fiduciary duties including annual accounting; financial literacy training for children 14 and older; asset transfer requirements at discharge, age 18, or death; requirement to file appeals of benefit denials; and definitions of federal and state benefits.
Added a new enacting section 2 making the entire bill conditional on HB 4750 of the 103rd Legislature also being enacted into law. If HB 4750 is not passed, this bill has no effect.
The notice required before each permanency planning hearing was expanded. The Senate version required reporting only the amount and date of benefits received since last notification plus an accounting of disbursed funds and trust balances. The House version requires information regarding ALL of the child's assets and resources, including benefits, insurance, cash assets, trust accounts, earnings, and other resources.
New subsection (3) establishes that all benefit payments are the property of the child in foster care and requires the department to release remaining funds when its responsibility ends: to the child if 18 or emancipated, to the responsible adult if under 18 and not emancipated, or to heirs if the child dies.
Notification requirements now require the department to notify both the child's guardian ad litem AND the appropriate contact at the supervising child placement agency, expanding who must be informed of benefit applications, decisions, and appeals.