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Michigan Statutes, Title 400

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Michigan/Statutes

← All Michigan coverage

Title 400, SOCIAL SERVICES

52 chapters · 577 sections in this title.

All chapters in Title 400577 Ch 280-of-1939, THE SOCIAL WELFARE ACT262 Ch 218-of-1979, ADULT FOSTER CARE FACILITY LICENSING ACT44 Ch 180-of-1981, OLDER MICHIGANIANS ACT26 Ch 169-of-1975, CHARITABLE ORGANIZATIONS AND SOLICIT…24 Ch 387-of-1984, STATE FOOD STAMP DISTRIBUTION ACT19 Ch 34-of-1984, MICHIGAN LOW INCOME HEATING ASSISTAN…18 Ch 72-of-1977, THE MEDICAID FALSE CLAIM ACT18 Ch 174-of-1971, OFFICE OF CHILD SUPPORT ACT16 Ch 225-of-2011, YOUNG ADULT VOLUNTARY FOSTER CARE ACT16 Ch 35-of-1984, PUBLIC ASSISTANCE HOME REPAIR, WEATH…15 Ch 220-of-1935, MICHIGAN CHILDREN'S INSTITUTE13 Ch 202-of-2024, BUREAU OF COMMUNITY ACTION AND ECONO…11 Ch 389-of-1978, DOMESTIC AND SEXUAL VIOLENCE11 Ch 181-of-1962, BOARD OF COUNTY INSTITUTIONS9

44 sections·Filtered byTitle 400✕Ch 218-of-1979✕

Mich. Comp. Laws § 400.701 Short title.
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Sec. 1. This act shall be known and may be cited as the "adult foster care facility licensing act".
Mich. Comp. Laws § 400.702 Meanings of words and phrases.
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Sec. 2. For the purposes of this act, the words and phrases defined in sections 3 to 7 have the meanings ascribed to them in those sections.
Mich. Comp. Laws § 400.703 Definitions; A.
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Sec. 3. (1) "Adult" means: (a) A person 18 years of age or older. (b) A person who is placed in an adult foster care family home or an adult foster care small group home according to section 5(6) or (8) of 1973 PA 116, MCL 722.115. (2) "Adult foster care camp" or "adult camp" mea…
Mich. Comp. Laws § 400.704 Definitions; C to F.
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Sec. 4. (1) "Co-occurring enhanced crisis residential program" means a program approved by the department of health and human services for providing short-term intensive mental health and substance use disorder services that is able to address the mental health needs, substance u…

Mich. Comp. Laws § 400.705 Definitions; G to N.

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Sec. 5. (1) "Good moral character" means good moral character as defined in 1974 PA 381, MCL 338.41 to 338.47. (2) "Licensed hospice program" means a health care program that provides a coordinated set of services rendered at home or in an outpatient or institutional setting for …

Mich. Comp. Laws § 400.706 Definitions; P to Q.

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Sec. 6. (1) "Personal care" means personal assistance provided by a licensee or an agent or employee of a licensee to a resident who requires assistance with dressing, personal hygiene, grooming, maintenance of a medication schedule as directed and supervised by the resident's ph…

Mich. Comp. Laws § 400.707 Definitions; R to T.

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Sec. 7. (1) "Regular license" means a license issued to an adult foster care facility that is in compliance with this act and the rules promulgated under this act. (2) "Related" means any of the following relationships by marriage, blood, or adoption: spouse, child, parent, broth…

Mich. Comp. Laws § 400.708 Adult foster care licensing advisory council; creation; appointment, qualifications, and terms of members; vacancy; compensation; schedule for reimbursement; content and enforcement of rules; conducting business at public meeting; availability of writings to public.

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Sec. 8. (1) The adult foster care licensing advisory council is created within the department. The council shall consist of 11 members, appointed by the director. The director shall appoint at least 1 member of the council from appropriate state and local agencies, private or pub…

Mich. Comp. Laws § 400.709 Administration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public.

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Sec. 9. (1) The department shall administer this act and shall require reports, establish procedures, make inspections, and conduct investigations pursuant to law to enforce the requirements of this act and the rules promulgated under this act. (2) The department shall provide ad…

Mich. Comp. Laws § 400.710 Rules; variance, modification, or change; purposes; restriction; review; rules subject to MCL 554.917.

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Sec. 10. (1) The department shall promulgate rules according to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, in the areas provided under subsection (4). (2) The bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207…

Mich. Comp. Laws § 400.711 Inspections; visitations; administration and enforcement of rules; reports; final determination as to license; public inspection of reports; biannual inspection report for certain entities.

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Sec. 11. (1) The director, the director's agent, or personnel of another department or agency, acting at the request of the director, may enter upon the premises of an applicant or licensee at a reasonable time to make inspections, as permitted by applicable law, to determine whe…

Mich. Comp. Laws § 400.712 Keeping and maintaining records and reports; examination and copying of books, records, and reports; confidentiality; inspection of records by resident.

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Sec. 12. (1) The department may prescribe appropriate records to be kept and maintained regarding each adult received by a licensee and may require reports, upon forms furnished or approved by the department, setting forth facts or circumstances related to the care of adults rece…

Mich. Comp. Laws § 400.713 License required; application; forms; investigation; on-site evaluation; issuance or renewal of license; disclosures; maximum number of persons; stating type of specialized program; issuance of license to specific person at specific location; transferability of license; sale of facility; notice; items of noncompliance; refusal by department to issue or renew license; conditions; unlicensed facility; violation as misdemeanor; penalty; receipt of completed application; issuance of license within certain time period; inspections; report; criminal history and records check; storage of fingerprints in automated fingerprint identification system database; convictions; "completed application" defined.

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Sec. 13. (1) A person, partnership, corporation, association, or a department or agency of the state, county, city, or other political subdivision shall not establish or maintain an adult foster care facility unless licensed by the department. (2) Application for a license shall …

Mich. Comp. Laws § 400.713a Fees.

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Sec. 13a. (1) Until December 31, 2019, application fees for an individual, partnership, firm, corporation, association, governmental organization, or nongovernmental organization licensed or seeking licensure under this act are as follows: (a) Application fee for a temporary lice…

Mich. Comp. Laws § 400.714 Temporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction.

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Sec. 14. (1) A temporary license shall be issued to an adult foster care facility for the first 6 months of operation. At the end of the first 6 months of operation, the department shall either issue a regular license, issue a provisional license, or refuse to issue a license in …

Mich. Comp. Laws § 400.715 Temporary license; adult foster care congregate facility.

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Sec. 15. The department shall not issue a temporary license to an adult foster care congregate facility, except to replace an existing adult foster care congregate facility. The new construction must satisfy all applicable state construction code requirements and the fire safety …

Mich. Comp. Laws § 400.716 Temporary license; prohibitions.

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Sec. 16. (1) Unless the city, village, or township approves a temporary license, a temporary license shall not be granted under this act if the issuance of the license would substantially contribute to an excessive concentration of community residential facilities within a city, …

Mich. Comp. Laws § 400.717 Provisional license.

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Sec. 17. (1) A provisional license may be issued to an adult foster care facility that has previously held a temporary or regular license under this act or an act repealed by this act. A provisional license may be issued for 6 months if an adult foster care facility is temporaril…

Mich. Comp. Laws § 400.718 Special license; rules.

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Sec. 18. (1) A special license may be issued for the duration of the operation of an adult foster care facility if the applicant is a short-term operation. (2) The department may promulgate rules regulating the issuance and duration of special licenses.

Mich. Comp. Laws § 400.719 Regular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities.

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Sec. 19. (1) A regular license shall be issued to an adult foster care facility which is in compliance with the requirements of this act and rules promulgated under this act for issuance of a regular license. (2) A regular license for all adult foster care facilities except adult…

Mich. Comp. Laws § 400.720 Certificate of approval from bureau of fire services and department; compliance; denial or certification with limitations; hearing.

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Sec. 20. (1) The department shall not issue a temporary, provisional, or regular license to an adult foster care facility with a capacity of more than 6 adults until the facility receives a certificate of approval from the bureau of fire services created in section 1b of the fire…

Mich. Comp. Laws § 400.721 Facility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment.

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Sec. 21. (1) Except as provided in subsection (2), an adult foster care facility licensed on March 27, 1980 shall be considered to be in compliance with the fire safety standards prescribed in rules promulgated under this act if the facility meets the fire safety standards prescr…

Mich. Comp. Laws § 400.722 Denying, suspending, revoking, refusing to renew, or modifying license; grounds; written notice; hearing; decision; protest; receiving or maintaining adults requiring foster care as felony; penalty; relocation services.

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Sec. 22. (1) The department may deny, suspend, revoke, or refuse to renew a license, or modify a regular license to a provisional license, if the licensee falsifies information on the application for license or willfully and substantially violates this act, the rules promulgated …

Mich. Comp. Laws § 400.722a Denying, suspending, revoking, modifying, or refusing to renew license; grounds; without written notice; 30-day appeal.

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Sec. 22a. The department may immediately suspend, revoke, modify, or refuse to renew a license or deny an application for a license without providing written notice of the grounds for the proposed action or giving the licensee or applicant 30 days to appeal if the licensee or app…

Mich. Comp. Laws § 400.722b Emergency closure of adult foster care facility; notification.

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Sec. 22b. The community and health systems bureau within the department shall notify the clerk of the city, village, or township and the fire services bureau within the department shall notify the fire chief of an organized fire department of the emergency closure of an adult fos…

Mich. Comp. Laws § 400.722c Summary suspension order for closure; departmental duties; temporary advisor.

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Sec. 22c. When the department issues a summary suspension order for closure of an adult foster care facility, or when an adult foster care facility cannot provide adequate resident care, the department must do the following: (a) Ensure that the department of health and human serv…

Mich. Comp. Laws § 400.724 Request for investigation; providing substance of complaint; disclosures; determining violation; initiation of investigation; findings; written determination or status report; final report; additional copies of documents; reimbursement; informing licensee of findings; public inspection of written determination; administrative review; sharing of information or records.

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Sec. 24. (1) A person who believes that this act or a rule promulgated under this act may have been violated may request an investigation of an adult foster care facility. The request shall be submitted to the department in writing or the department shall assist the person in red…

Mich. Comp. Laws § 400.725 Contested case hearing; judicial review.

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Sec. 25. A party aggrieved by the decision of the director following a contested case hearing under section 22 may seek judicial review in accordance with chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306.

Mich. Comp. Laws § 400.726 Name or designation of facility.

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Sec. 26. (1) An adult foster care facility shall not utilize a name or designation which implies, infers, or leads the public to believe that the facility provides nursing care. (2) An adult foster care facility shall not include in its name the name of a religious, fraternal, or…

Mich. Comp. Laws § 400.726a Resident enrolled in licensed hospice program or co-occurring enhanced crisis residential program; exception to continuous nursing care requirement for purposes of MCL 400.703(4); do-not-resuscitate order or POST form included in assessment plan; protection to resident.

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Sec. 26a. (1) A resident of an adult foster care facility who is enrolled in a licensed hospice program is not considered to require continuous nursing care for the purpose of section 3(4). (2) A resident of an adult foster care facility, which facility is also licensed as a subs…

Mich. Comp. Laws § 400.726b Adult foster care; description of services to patients or residents with alzheimer's disease; contents; “represents to the public” defined.

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Sec. 26b. (1) Beginning not more than 90 days after the effective date of the amendatory act that added this section, an adult foster care large group home, an adult foster care small group home, or an adult foster care congregate facility that represents to the public that it pr…

Mich. Comp. Laws § 400.726c Medical orders provided on POST form; compliance required; failure to comply because of policy, religious belief, or moral conviction; referral or transfer to another foster care facility.

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Sec. 26c. (1) An adult foster care facility shall comply with medical orders provided on a validly executed POST form as required under the provisions of part 56B of the public health code, 1978 PA 368, MCL 333.5671 to 333.5685. (2) If an adult foster care facility is unwilling t…

Mich. Comp. Laws § 400.727 Posting license, inspection report, and other documents; retention of materials for public inspection.

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Sec. 27. (1) A licensee operating an adult foster care congregate facility shall conspicuously post all of the following in an area of the facility accessible to residents, employees, and visitors: (a) A current license. (b) A complete copy of the most recent inspection report of…

Mich. Comp. Laws § 400.729 Providing foster care to person related to licensee or licensee's spouse.

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Sec. 29. This act shall not prohibit an adult foster care facility from providing foster care to a person related to the licensee or the licensee's spouse for compensation or otherwise. The related person shall be considered in determining the number of residents being cared for …

Mich. Comp. Laws § 400.730 Injunction.

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Sec. 30. The attorney general, on behalf of the department, may seek an injunction against an adult foster care facility in either of the following cases: (a) The facility is being operated without a license in violation of section 13. (b) A licensee violates this act or a rule p…

Mich. Comp. Laws § 400.731 Violation as misdemeanor; prohibited conduct.

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Sec. 31. (1) Except as otherwise provided in section 13 or section 22, a person, adult foster care facility, agency, or representative or officer of a corporation, association, or organization who violates this act is guilty of a misdemeanor, punishable by imprisonment for not mo…

Mich. Comp. Laws § 400.731a Person sentenced to perform community service.

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Sec. 31a. (1) In addition to or as an alternative to imposing a term of imprisonment under this act, the court may sentence the person to perform community service as follows: (a) If the person is convicted of a felony, community service for not more than 160 days. (b) If the per…

Mich. Comp. Laws § 400.732 Notices required.

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Sec. 32. (1) The department shall notify the clerk of the city, village, or township where a proposed adult foster care facility is to be located at least 45 days before the issuance of a license. (2) The department shall notify the clerk of the city, village, or township of all …

Mich. Comp. Laws § 400.733 Local ordinances, regulations, or construction codes.

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Sec. 33. This act supersedes all local regulations applicable specifically to adult foster care facilities. Local ordinances, regulations, or construction codes regulating institutions shall not be applied to adult foster care large group homes, adult foster care small group home…

Mich. Comp. Laws § 400.734b Employing or contracting with certain individuals providing direct services to residents; prohibitions; criminal history check; exemptions; written consent and identification; conditional employment; use of criminal history record information; disclosure; determination of existence of national criminal history; failure to conduct criminal history check; automated fingerprint identification system database; electronic web-based system; costs; definitions.

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Sec. 34b. (1) In addition to the restrictions prescribed in sections 13, 22, and 31, and except as otherwise provided in subsection (2), an adult foster care facility shall not employ or independently contract with an individual who regularly has direct access to or provides dire…

Mich. Comp. Laws § 400.734c Disqualification from or denial of employment based on criminal history check; administrative review; decision; "business day" defined.

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Sec. 34c. (1) An individual who has been disqualified from or denied employment by an adult foster care facility based on a criminal history check conducted under section 34b may appeal to the department if he or she believes that the criminal history report is inaccurate, and th…

Mich. Comp. Laws § 400.735 Repeal of MCL 331.681 to 331.694.

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Sec. 35. Act No. 287 of the Public Acts of 1972, as amended, being sections 331.681 to 331.694 of the Michigan Compiled Laws, is repealed.

Mich. Comp. Laws § 400.736 Concurrent license as foster family home or foster family group home; receiving additional minor children; definitions.

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Sec. 36. (1) An adult foster care family home may be concurrently licensed as a foster family home or a foster family group home. Except as provided in subsection (2), additional minor children who are not related to a resident of the adult foster care family home shall not be re…

Mich. Comp. Laws § 400.737 Concurrently licensing adult foster care small group home as child caring institution; receiving additional children under 18 years of age; limitation on combined licensed capacity; definition.

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Sec. 37. (1) An adult foster care small group home may be concurrently licensed as a child caring institution. Additional children under 18 years of age who are not related to a resident of the adult foster care small group home shall not be received in the adult foster care smal…