New Michigan Laws Provide Foster-Care Fixes
Children in Michigan’s foster-care system have more protections under a bipartisan legislative package recently signed into law by Gov. Gretchen Whitmer.
The new laws are aimed at reducing the number of youths in foster care. The laws make several significant changes, including:
More distant relatives can now foster a child.
If a blood relative is unable to foster a child, then a person with close emotional ties to the child can be considered, rather than the child being placed with a stranger.
Another noteworthy change is that lawyer-guardian ad litems (LGALs) must now receive trauma-informed training from the State Court Administrative Office. LGALs are attorneys who represent children during court hearings, including foster-care proceedings.
The new laws are the product of a bipartisan task force headed up by Rep. Mary Whiteford (R-Casco Township). The task force visited foster-care facilities and spoke with children and foster parents across the state.
Rep. Sarah Anthony (D-Lansing) co-sponsored the legislative package. “As a member of the bipartisan task force that helped develop these bills, I am confident and proud that this legislation prioritized the needs of this uniquely vulnerable population and those who serve them,” Rep. Anthony said in a press release issued by the Governor’s office.
New Laws At A Glance
Here is an overview of the new laws:
Public Act 200 of 2022 (HB 5974) - Revises the definition of “relative” in the Juvenile Code.
Public Act 201 of 2022 (HB 5975) - Requires trauma-informed training for attorneys appointed as lawyer-guardian ad litems (LGALs) to represent a child in court.
Public Act 202 of 2022 (HB 5976) - Revises the Foster Care and Adoption Services Act to require the Michigan Department of Health and Human Services (the DHHS) to submit an annual report to the Legislature.
Public Act 203 of 2022 (HB 5977) - Amends the Child Care Licensing Act to require the DHHS to conduct an annual needs assessment regarding the use of residential treatment and the needs of youth who are referred for clinical interventions.
Public Act 204 of 2022 (HB 5978) - Revises the Foster Care and Adoption Services Act to require the DHHS to use family-finding and engagement entities that will help connect foster youth to family members and friends.
Public Act 205 of 2022 (HB 5980) - Provides extended licensing for certain foster family homes or group homes.
Public Act 206 of 2022 (HB 5981) - Increases the capacity for foster youth in state-licensed residential facilities.
Public Act 208 of 2022 (HB 6073) - Expands the legal definition of “relative” to include fictive kin. A fictive kin relationship is one that a child has with “an individual who is not related by birth, adoption or marriage to a child, but who has an emotionally significant relationship with the child.”
Public Act 209 of 2022 (HB 6074) - Expands the definition of “relative” in the Michigan Adoption Code.
Public Act 210 of 2022 (HB 6075) - Expands the definition of “relative” in the Guardianship Assistance Act.
Public Act 211 of 2022 (SB 1166) - Revises the Foster Care and Adoption Services Act to require that child placement preference be given to an adult related to the child within the fifth degree, subject to an exception only if good cause is shown.
Along with Rep. Anthony and Rep.Whiteford, the legislative package was co-sponsored by Rep. Laurie Pohutsky (D-Livonia); Rep. Tyrone A. Carter (D-Detroit); Rep. Phil Green (R-Millington); Rep. Rodney Wakeman (R-Saginaw Township); Rep. Stephanie A. Young (D-Detroit); Rep. Jack O’Malley (R-Lake Ann); and Rep. Daire Rendon (R-Lake City).
