AP Photo In this May 24, 2021 file photo, Gov. Gretchen Whitmer speaks at Steelcase in Grand Rapids.

ALPENA — Gov. Gretchen Whitmer signed Senate Bills 137 and 138 on Tuesday, passing bipartisan laws to expand eligibility for financial support to guardians of children within the tribal community.

These acts amend the Guardianship Assistance Act to include guardianship orders from out-of-state or tribal courts to be allowed to apply for the Guardianship Assistance Program under the Department of Health and Human Services.

According to the senate fiscal analysis, Bill 137, sponsored by Sen. John Damoose, modified the eligibility requirements for guardianship assistance.

When a guardian applies for GAP and has a guardianship agreement with DHHS, the act permits the department to pay for the guardianship assistance.

Prior to the amended bill, guardianship assistance agreements were required to specify the amount of assistance needed for each eligible child and how it could be adjusted over time based on the guardian’s circumstances.

Now, the department must determine eligibility without considering the guardian’s income. Payment determination would rely on the care rate that was or would have been paid if the child was placed into foster care.

As the child gets older, the amount paid by DHHS must increase to reflect the appropriate foster care rate for children in the same age group.

According to the analysis, the bill now requires DHHS to determine eligibility within 30 days after receiving a complete application for guardianship, rather than after just receiving a request, as written previously.

The agreement must include all the additional services the child and guardian are eligible for as well as the way the guardian can attain these services. The bill also specified the department will pay nonrecurring expenses in relations to obtaining legal guardianship of the child unless it exceeds $2,000.

When determining guardianship of the child, the bill states that protection, education, care and control, custody and decision making are all taken into consideration by the court to come to a conclusion.

Even if the guardian has a different state residency, the guardianship assistance agreement is required to remain in effect. Although the DHHS will have to review the eligibility of the guardian and child annually. Guardians are required to provide the requested information for the annual reviews when it comes to reconsideration.

Under Bill 137, DHHS does not have to provide guardianship assistance under circumstances such as the child being 18 years old. Additionally, if it is determined that the guardian is not legally responsible for supporting the child, or the child is no longer getting support from the prospective guardian.

In the case the child dies or is adopted by another individual under the Michigan adoption code, or the adoption laws of any other state or tribal government, DHHS is still not required to provide financial support. Including when guardianship is terminated by the court, or the death of the guardian – unless another guardian has been appointed.

However, DHHS may be able to provide financial support until the child is 21 years old if the individual meets the specific requirements under the young adult voluntary foster care act.

If for some reason the guardianship assistance agreement is terminated, DHHS is required to send a notice by mail with the inclusion of the reasoning behind doing so.

Bill 138, sponsored by Sen. Jeff Irwin, was amended to expand the definitions of terms such as “prospective guardian”, “guardian”, “certification”, “department”, “child” and so on. The bill also specifies the eligibility of guardians and children for assistance provided by DHHS.

According to a press release, these bills together work to expand the opportunities for financial assistance to child cases that originated in tribal courts within Michigan.

Before these were passed, GAP was such that guardians were only eligible for support if the child’s removal proceedings started in state courts. The bills now allow for legal guardians that are designated by out-of-state or tribal court orders to still receive financial support.

In a press release, President of Bay Mills Indian Community Whitney Gravelle said the Bay Mills Indian Community is grateful for the amendments to the legislation as it empowers tribal nations in providing guardianships.

“With these amendments, tribal nations throughout the State of Michigan will be equipped to adequately and better serve our children and families and provide protection,” she said.

Damoose agreed and said this fix will provide critical assistance to more Michigan families.

“Without this assistance, many cannot afford to step into the guardianship role, causing children to be placed in foster care instead,” he said in a news release. “These bills seek to right a wrong and help kids stay connected to their family and communities. The simple goal is to achieve a solution that is in the best interest of the children.”

The bills work to ensure equal support for tribal families and keep indigenous children within their communities, Irwin said.

“Children placed with guardians by tribal courts will finally be able to get the same support other children receive in the same situation,” he said in the press release. “I applaud the Governor and tribal leaders for making this a priority.”

This story was produced as part of the Michigan News Group Internship. Zipporah Abarca is working for WCMU this summer at The Alpena News.