Children: foster care; conditions on the use of certain benefits for a child in foster care; provide, the official text

Act No. 52

Public Acts of 2026

Approved by the Governor

July 21, 2026

Filed with the Secretary of State

July 23, 2026

EFFECTIVE
DATE: October 1, 2026

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Senator Irwin

ENROLLED SENATE BILL No. 18

AN ACT to amend 1994 PA 203,
entitled “An act to establish certain standards for foster care and adoption
services for children and their families; and to prescribe powers and duties of
certain state agencies and departments and adoption facilitators,” (MCL 722.951
to 722.960) by adding section 8g.

The People of the State of
Michigan enact:

Sec.
8g. (1) The department shall, on complying with the requirements of section 8f,
immediately notify the child in foster care through the child in foster care’s
guardian ad litem, if one has been appointed, and the appropriate contact at
the supervising child placement agency of any of the following:

(a) An application for benefits made on behalf of the child
in foster care or any application to become a representative payee for those
benefits on behalf of the child in foster care.

(b) A decision or communication from this state or the
federal government regarding an application for benefits.

(c) An appeal or other action requested by the department
regarding an application for benefits.

(2) If the department serves as the representative payee or
otherwise receives benefits on behalf of the child in foster care, the
department must provide notice to the child in foster care through the child in
foster care’s guardian ad litem, if one has been appointed, and the appropriate
contact at the supervising child placement agency of both of the following
before each permanency planning hearing regarding the child in foster care:

(a) The date and the amount of benefit funds received on
behalf of the child in foster care since any previous notification to the child
in foster care’s guardian ad litem, if one has been appointed.

(b) Information regarding all of the child in foster care’s
assets and resources, including the child in foster care’s benefits, insurance,
cash assets, trust accounts, earnings, and other resources.

(3) All payments from benefits received under this section and
section 8f are the property of the child in foster care. Notwithstanding any
provision of law to the contrary, on termination of the department’s
responsibility for the child in foster care under this section and section 8f,
the department shall release any funds remaining to the child’s credit under
the requirements of the funding source or, in the absence of any requirements,
release the remaining funds as follows:

(a) To the child, if the child is at least 18 years of age or
is emancipated.

(b) To the person responsible for the child in foster care if
the child is under 18 years of age and is not emancipated.

(c) To the heirs of the child in foster care, if the child in
foster care dies.

(4) This section and section 8f do not affect any additional
notice required by a court of this state.

Enacting
section 1. This amendatory act takes effect October 1, 2026.

Enacting section 2. This amendatory act
does not take effect unless House Bill No. 4750 of the 103rd Legislature
is enacted into law.

This act is ordered to take
immediate effect.

Secretary of the Senate

Clerk of the House of
Representatives

Approved___________________________________________

____________________________________________________

Governor