Michigan Compiled Laws Act 218 Of 1979 Adult Foster Care Facility Licensing Act (400.701 - 400.737)

An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts.

History: 1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1992, Act 176, Imd. Eff. July 23, 1992

Section 400.701 Short Title.
This act shall be known and may be cited as the “adult foster care facility licensing act”. History: 1979, Act 218, Eff. Mar. 27,...
Section 400.702 Meanings Of Words And Phrases.
For the purposes of this act, the words and phrases defined in sections 3 to 7 have the meanings ascribed to them in those...
Section 400.703 Definitions; A.
(1) "Adult" means: (a) A person 18 years of age or older. (b) A person who is placed in an adult foster care family...
Section 400.704 Definitions; C To F.
(1) "Council" means the adult foster care licensing advisory council created in section 8. (2) "Department" means the department of human services. (3) "Developmental...
Section 400.705 Definitions; G To N.
(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...
Section 400.706 Definitions; P To Q.
(1) “Personal care” means personal assistance provided by a licensee or an agent or employee of a licensee to a resident who requires assistance...
Section 400.707 Definitions; R To T.
(1) “Regular license” means a license issued to an adult foster care facility which is in compliance with this act and the rules promulgated...
Section 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.
(1) The adult foster care licensing advisory council is created within the department. The council shall consist of 11 members, appointed by the director....
Section 400.709 Administration Of Act; Reports, Procedures, Inspections, And Investigations; Advice And Technical Assistance; Consultations; Cooperation With Other Agencies; Education Of Public.
(1) The department shall administer this act and shall require reports, establish procedures, make inspections, and conduct investigations pursuant to law to enforce the...
Section 400.710 Rules; Variance, Modification, Or Change; Purposes; Restriction; Review; Rules Subject To Mcl 554.917.
(1) The department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, in the areas...
Section 400.711 Inspections; Visitations; Administration And Enforcement Of Rules; Reports; Final Determination As To License; Public Inspection Of Reports.
(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...
Section 400.712 Keeping And Maintaining Records And Reports; Examination And Copying Of Books, Records, And Reports; Confidentiality; Inspection Of Records By Resident.
(1) The department may prescribe appropriate records to be kept and maintained regarding each adult received by a licensee and may require reports, upon...
Section 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.
(1) A person, partnership, corporation, association, or a department or agency of the state, county, city, or other political subdivision shall not establish or...
Section 400.713a Fees.
(1) Application fees for an individual, partnership, firm, corporation, association, governmental organization, or nongovernmental organization licensed or seeking licensure under this act are as...
Section 400.714 Temporary License; Issuance Of Regular License Or Provisional License; Refusal To Issue License; Temporary License Nonrenewable; Plan Of Correction.
(1) A temporary license shall be issued to an adult foster care facility for the first 6 months of operation if the adult foster...
Section 400.715 Temporary License; Adult Foster Care Congregate Facility.
(1) The department shall not issue a temporary license to an adult foster care congregate facility, except a facility which is to replace an...
Section 400.716 Temporary License; Prohibitions.
(1) Unless the city, village, or township approves a temporary license, a temporary license shall not be granted under this act if the issuance...
Section 400.717 Provisional License.
(1) A provisional license may be issued to an adult foster care facility that has previously held a temporary or regular license under this...
Section 400.718 Special License; Rules.
(1) A special license may be issued for the duration of the operation of an adult foster care facility if the applicant is a...
Section 400.719 Regular License; Issuance; Validity; Application For Temporary License; Subsection (4) Applicable To Previously Licensed Facilities.
(1) A regular license shall be issued to an adult foster care facility which is in compliance with the requirements of this act and...
Section 400.720 Certificate Of Approval From Bureau Of Fire Services And Department Of Human Services; Compliance; Denial Or Certification With Limitations; Hearing.
(1) The department shall not issue a temporary, provisional, or regular license to an adult foster care facility with a capacity of more than...
Section 400.721 Facility Licensed On March 27, 1980; Compliance With Fire Safety Standards; Section Inapplicable To Installation Of Smoke And Heat Detection Equipment.
(1) Except as provided in subsection (2), an adult foster care facility licensed on March 27, 1980 shall be considered to be in compliance...
Section 400.722 Denying, Suspending, Revoking, Refusing To Renew, Or Modifying License; Grounds; Notice; Hearing; Decision; Protest; Receiving Or Maintaining Adults Requiring Foster Care As Felony; Penalty; Relocation Services; Emergency License.
(1) The department may deny, suspend, revoke, or refuse to renew a license, or modify a regular license to a provisional license, if the...
Section 400.723 Complaint; Specifications; Resolution Of Issues; Notice; Failure To Resolve Issues; Hearing; Decision; Finality; Issuance Of License.
(1) The legislative body of a city, village, or township in which an adult foster care facility is located may file a complaint with...
Section 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; Hearing; Appeal.
(1) A person who believes that this act or a rule promulgated under this act may have been violated may request an investigation of...
Section 400.725 Appeal To Circuit Court.
A person aggrieved by the decision of the director following a hearing under section 22 or 23, within 10 days after receipt of decision,...
Section 400.726 Name Or Designation Of Facility.
(1) An adult foster care facility shall not utilize a name or designation which implies, infers, or leads the public to believe that the...
Section 400.726a Resident Enrolled In Licensed Hospice Program; Exception To Continuous Nursing Care Requirement For Purposes Of Mcl 400.703(4); Do-not-resuscitate Order Included In Assessment Plan; Protection To Resident.
(1) A resident of an adult foster care facility who is enrolled in a licensed hospice program is not considered to require continuous nursing...
Section 400.726b Adult Foster Care; Description Of Services To Patients Or Residents With Alzheimer's Disease; Contents; “represents To The Public” Defined.
(1) Beginning not more than 90 days after the effective date of the amendatory act that added this section, an adult foster care large...
Section 400.727 Posting License, Inspection Report, And Other Documents; Retention Of Materials For Public Inspection.
(1) A licensee operating an adult foster care congregate facility shall conspicuously post all of the following in an area of the facility accessible...
Section 400.728 Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Compiler's Notes: The repealed section pertained to persons not within area of specialization.
Section 400.729 Providing Foster Care To Person Related To Licensee Or Licensee's Spouse.
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...
Section 400.730 Injunction.
The attorney general, on behalf of the department, may seek an injunction against an adult foster care facility in either of the following cases:...
Section 400.731 Violation As Misdemeanor; Prohibited Conduct.
(1) Except as otherwise provided in section 13 or section 22, a person, adult foster care facility, agency, or representative or officer of a...
Section 400.731a Person Sentenced To Perform Community Service.
(1) In addition to or as an alternative to imposing a term of imprisonment under this act, the court may sentence the person to...
Section 400.732 Notices Required.
(1) The department shall notify the clerk of the city, village, or township where a proposed adult foster care facility is to be located...
Section 400.733 Local Ordinances, Regulations, Or Construction Codes.
This act supersedes all local regulations applicable specifically to adult foster care facilities. Local ordinances, regulations, or construction codes regulating institutions shall not be...
Section 400.734 Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Compiler's Notes: The repealed section pertained to legislative review.
Section 400.734a Repealed. 2006, Act 29, Eff. Apr. 1, 2006.
Compiler's Notes: The repealed section pertained to criminal history check of employee providing direct services.
Section 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.
(1) In addition to the restrictions prescribed in sections 13, 22, and 31, and except as otherwise provided in subsection (2), an adult foster...
Section 400.734c Disqualification From Or Denial Of Employment Based On Criminal History Check; Appeal; Decision; Report To Legislature; "Business Day" Defined.
(1) An individual who has been disqualified from or denied employment by an adult foster care facility based on a criminal history check conducted...
Section 400.735 Repeal Of Mcl 331.681 To 331.694.
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. History:...
Section 400.736 Concurrent License As Foster Family Home Or Foster Family Group Home; Receiving Additional Minor Children; Definitions.
(1) An adult foster care family home may be concurrently licensed as a foster family home or a foster family group home. Except as...
Section 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.
(1) An adult foster care small group home may be concurrently licensed as a child caring institution. Additional children under 18 years of age...

Last modified: October 10, 2016