Sec. 5. Encouraging States to adopt temporary guardianship laws
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/bill/118/hr/6803/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 474(a)(7) of the Social Security Act ( 42 U.S.C. 674(a)(7) ) is amended by inserting (or, in the case of a State that has in effect for the quarter a temporary guardianship law (as defined in section 475(14)), 75 percent) after 50 percent . Section 475 of the Social Security Act ( 42 U.S.C. 675 ) is amended by adding at the end the following new paragraph: The term temporary guardianship law means a State law that allows for the establishment, by operation of such law and through an easily navigable simple civil process, of a relationship between a child and a nonparent caregiver who has taken responsibility for caring for the child in the absence of the child's parents in which some of the parental rights with respect to the child are transferred to the caregiver for a specified period of time which may be extended or renewed, except that the total period of time for which such rights are transferred to the caregiver (including any extensions or renewals) shall not exceed a maximum period of time (as established by the State).
Under the process established under a law described in subparagraph (A)— court fees shall be waived or reduced; and any court forms or filings related to the process are easy enough to understand that a nonparent caregiver who has taken responsibility for caring for the child in the absence of the child's parents could reasonably complete such forms or filings without legal assistance. . The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act.
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