Guardianship and default court rule changes proposed

A proposed court rule amendment, if adopted by the Michigan Supreme Court, would clear the way for the state to receive federal funding for a program that extends foster care services for qualifying youths.

Two new laws, 2011 PA 225 and 2011 PA 229, spell out the circumstances under which youths who left the foster care program at age 18 can re-enter the program and receive additional services until they are 21.

The proposed amendment of MCR 3.979 would implement judicial oversight of a youth’s continuing eligibility for the extended services:

If 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 after the youth’s eighteenth birthday to determine that the guardianship meets the criteria under MCL 400.667.

Notice of the hearing shall be sent to the guardian and the youth as provided in MCR 3.920(D)(1). The court shall issue an order to support its determination and serve the order on the Department of Human Services, the guardian, and the youth.

According to the staff comment accompanying the proposed amendment, “Adoption of the proposed amendment will enable Michigan to receive federal Title IV-E funding for the post-18 guardianship program.”

The MSC is also proposing a change to MCR 2.603 (Default and Default Judgments).

“The proposed amendment of MCR 2.603 would clarify that a court clerk could enter a default judgment if the requested damages are less than the amount claimed in the original complaint, to reflect payments that may have been made or otherwise credited,” according to the staff comment.

The comment period for the proposals closes Aug. 1, 2012. Please refer to the link for each proposal for information to submit comments.

Leave a Reply

Please log in using one of these methods to post your comment: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s