reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.613 - Revocation of License of Residential Health Care Facility; Petition for Appointment of Receiver; Order; Appointment, Compensation, and Powers and Duties of Receiver.

400.613 Revocation of license of residential health care facility; petition for appointment of receiver; order; appointment, compensation, and powers and duties of receiver.
Sec. 13.
(1) As a means of protecting the health, safety, and welfare of patients in a residential health care facility, including hospitals, nursing homes, and other institutions reimbursed for resident or patient care by the medical assistance program established by Act No. 280 of the Public Acts of 1939, as amended, if the license of a residential health care facility is revoked for violation of this act, the attorney general may file a petition with the circuit court for the county of Ingham or the circuit court in the county in which the residential health care facility is located for the appointment of a receiver.
(2) The circuit court shall issue an order to show cause why a receiver should not be appointed returnable within 5 days after the filing of the petition.
(3) If the court finds that the facts warrant the granting of the petition, the court shall appoint a receiver to take charge of the residential health care facility. The court may determine fair compensation for the receiver.
(4) A receiver appointed pursuant to this section shall have the powers and duties prescribed by the court not inconsistent with section 2926 of Act No. 236 of the Public Acts of 1961, being section 600.2926 of the Michigan Compiled Laws. The receiver may correct an act prohibited by this act or required under Act No. 280 of the Public Acts of 1939, as amended.
History:
1977, Act 72, Imd. Eff. July 27, 1977
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.614 - Statute of Limitations.

400.614 Statute of limitations.
Sec. 14.
(1) A person shall not bring a civil action under section 10a after the later of the following:
(a) More than 6 years after the date on which the violation described in section 10a was committed.
(b) More than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the state of Michigan charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation was committed.
(2) A person may bring an action under this act for conduct that occurred before the effective date of the amendatory act that added this section if the action is filed within the time limitation in subsection (1).
History:
Add. 2008, Act 421, Imd. Eff. Jan. 6, 2009
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 72 of 1977 - The Medicaid False Claim Act (400.601 - 400.615) › Section 400.615 - Burden of Proof; Preponderance of Evidence.

400.615 Burden of proof; preponderance of evidence.
Sec. 15.
A person bringing a civil action under this act is required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
History:
Add. 2008, Act 421, Imd. Eff. Jan. 6, 2008
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article I - (400.641...400.643) › Section 400.641 - Short Title.

400.641 Short title.
Sec. 1.
This act shall be known and may be cited as the "young adult voluntary foster care act".
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article I - (400.641...400.643) › Section 400.643 - Definitions.

400.643 Definitions.
Sec. 3.
As used in this act:
(a) "Court" means the family division of the circuit court.
(b) "Department" means the department of human services.
(c) "Youth" means an individual who is at least 18 years of age but less than 21 years of age.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.645 - Young Adult Voluntary Foster Care Act; Implementation.

400.645 Young adult voluntary foster care act; implementation.
Sec. 5.
The department shall implement the young adult voluntary foster care act in accordance with the state's approved title IV-E state plan.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.647 - Foster Care; Reentry; Extended Foster Care Services.

400.647 Foster care; reentry; extended foster care services.
Sec. 7.
A youth who exited foster care after reaching 18 years of age but before reaching 21 years of age may reenter foster care and receive extended foster care services.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.649 - Extended Foster Care Services; Conditions; Eligibility.

400.649 Extended foster care services; conditions; eligibility.
Sec. 9.
The department may provide extended foster care services if the youth meets 1 of the following conditions for eligibility:
(a) The youth is completing secondary education or a program leading to an equivalent credential.
(b) The youth is enrolled in an institution that provides postsecondary or vocational education.
(c) The youth is participating in a program or activity designed to promote employment or remove barriers to employment.
(d) The youth is employed for at least 80 hours per month.
(e) The youth is incapable of doing any part of the activities in subdivisions (a) to (d) due to a medical condition. This assertion of incapacity must be supported by regularly updated information in the youth's case plan.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.651 - Voluntary Foster Care Agreement; Information to Be Included.

400.651 Voluntary foster care agreement; information to be included.
Sec. 11.
If a youth chooses to participate in extended foster care services and meets the eligibility criteria set forth in section 9, the department and the youth shall sign a voluntary foster care agreement that shall include, at a minimum, information regarding all of the following:
(a) The obligation for the youth to continue to meet the conditions for eligibility described in section 9 for the duration of the voluntary foster care agreement.
(b) Any obligation considered necessary by the department for the youth to continue to receive extended foster care services.
(c) Any obligation considered necessary by the department to facilitate the youth's continued success in the program.
(d) Termination of a voluntary foster care agreement and program participation as described in section 23.
(e) The voluntary nature of the youth's participation in receiving extended foster care services.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.653 - Providing Foster Care Services; Determination of Eligibility; Signing Agreement.

400.653 Providing foster care services; determination of eligibility; signing agreement.
Sec. 13.
As soon as the department determines that a youth is eligible under section 9 and the youth signs the voluntary foster care agreement described in section 11, the department may provide extended foster care services to the youth in accordance with this act.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.655 - Written Report; Filing With Court; Contents.

400.655 Written report; filing with court; contents.
Sec. 15.
Within 150 days after the voluntary foster care agreement is signed, the department shall file with the court in the county where the youth resides a written report that shall contain all of the following:
(a) The youth's name, date of birth, race, gender, and current address.
(b) A statement of facts that supports the voluntary foster care agreement and includes both of the following:
(i) The reasonable efforts made to achieve permanency for the youth.
(ii) The reasons why it remains in the youth's best interests to continue in voluntary foster care.
(c) A copy of the signed voluntary foster care agreement.
(d) Any other information the department or the youth wants the court to consider.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.657 - Court Jurisdiction; Review; Opening of Young Adult Voluntary Foster Care Case; Purpose; Determination.

400.657 Court jurisdiction; review; opening of young adult voluntary foster care case; purpose; determination.
Sec. 17.
The court has the jurisdiction to review the voluntary foster care agreement signed by the department and the youth in section 11. Upon the filing of a report under section 15, the court shall open a young adult voluntary foster care case for the purpose of determining whether continuing in voluntary foster care is in the youth's best interests. The court shall make that determination not later than 21 days after the date the report was filed as described in section 15.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.659 - Young Adult Voluntary Foster Care Case; Closure.

400.659 Young adult voluntary foster care case; closure.
Sec. 19.
Following the court's determination in section 17, the court shall close the young adult voluntary foster care case and the department shall provide extended foster care services to the youth in accordance with this act.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.661 - Periodic Case Reviews.

400.661 Periodic case reviews.
Sec. 21.
The department shall conduct periodic case reviews not less than once every 180 days to address the status of the youth's safety, continuing necessity and appropriateness of placement, extent of compliance with the case plan, and projected date by which the youth may no longer require extended foster care services.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article II - (400.645...400.663) › Section 400.663 - Voluntary Foster Care Agreement; Termination.

400.663 Voluntary foster care agreement; termination.
Sec. 23.
(1) A youth may choose to terminate the voluntary foster care agreement and stop receiving extended foster care services at any time.
(2) If, at any time, the department determines that the youth is not in compliance with the voluntary foster care agreement or any program requirements, the department may terminate the voluntary foster care agreement with the youth and stop providing extended foster care services to the youth. The department shall provide written or electronic notice to the youth regarding termination of the voluntary foster care agreement and the youth's participation in the program.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article III - (400.665...400.669) › Section 400.665 - Extended Guardianship Assistance; Initial and Subsequent Eligibility; Determination.

400.665 Extended guardianship assistance; initial and subsequent eligibility; determination.
Sec. 25.
(1) The department may provide extended guardianship assistance for a youth, who is at least 18 years of age but less than 21 years of age, if the youth began receiving guardianship assistance at 16 years of age or older.
(2) The department shall determine a youth's initial and subsequent eligibility for extended guardianship assistance in accordance with the state's approved title IV-E plan.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article III - (400.665...400.669) › Section 400.667 - Extended Guardianship Assistance; Conditions for Eligibility.

400.667 Extended guardianship assistance; conditions for eligibility.
Sec. 27.
The department may provide extended guardianship assistance in accordance with this article if the youth meets 1 of the following conditions for eligibility:
(a) The youth is completing secondary education or a program leading to an equivalent credential.
(b) The youth is enrolled in an institution that provides postsecondary or vocational education.
(c) The youth is participating in a program or activity designed to promote employment or remove barriers to employment.
(d) The youth is employed for at least 80 hours per month.
(e) The youth is incapable of doing any part of the activities in subdivisions (a) to (d) due to a medical condition. This assertion of incapacity must be supported by regularly updated information.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article III - (400.665...400.669) › Section 400.669 - Court Jurisdiction; Duration; Hearing.

400.669 Court jurisdiction; duration; hearing.
Sec. 29.
(1) The court shall retain jurisdiction of a youth receiving, or a youth for whom the department is determining eligibility for receiving, extended guardianship assistance until that youth no longer receives guardianship assistance.
(2) The court shall hold a hearing regarding the youth's continued participation in extended guardianship assistance not less than 1 time every 12 months. A hearing held under this section may be combined with a hearing held under section 19(2) to (4) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19, section 19a(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19a, or section 19c(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19c.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011 ;-- Am. 2014, Act 534, Imd. Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 225 of 2011 - Young Adult Voluntary Foster Care Act (400.641 - 400.671) › Article IV - (400.671...400.671) › Section 400.671 - Extended Adoption Assistance; Conditions.

400.671 Extended adoption assistance; conditions.
Sec. 31.
(1) In accordance with the provisions of section 115j(4) of the social welfare act, 1939 PA 280, MCL 400.115j, the department may provide extended adoption assistance for an adoptee who is at least 18 years of age but less than 21 years of age if the department determines that the adoptee first received adoption assistance at age 16 years or older and 1 of the following exists:
(a) The youth has a mental or physical disability that warrants continuation of adoption assistance.
(b) The youth is completing secondary education or a program leading to an equivalent credential.
(c) The youth is enrolled in an institution that provides postsecondary or vocational education.
(d) The youth is participating in a program or activity designed to promote employment or remove barriers to employment.
(e) The youth is employed for at least 80 hours per month.
(f) The youth is incapable of doing any part of the activities in subdivisions (b) to (e) due to a medical condition. This incapacity must be supported by regularly updated information.
(2) The department shall provide extended adoption assistance for an adoptee in accordance with the state's approved title IV-E plan.
History:
2011, Act 225, Imd. Eff. Nov. 22, 2011
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 285 of 2016 - Foster Child Identification Theft Protection Act (400.681 - 400.689) › Section 400.681 - Short Title.

400.681 Short title.
Sec. 1.
This act shall be known and may be cited as the "foster child identification theft protection act".
History:
2016, Act 285, Eff. Dec. 26, 2016
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 285 of 2016 - Foster Child Identification Theft Protection Act (400.681 - 400.689) › Section 400.683 - Definitions.

400.683 Definitions.
Sec. 3.
As used in this act:
(a) "Caseworker" means an individual employed by the department or a child placing agency for the purpose of placing children in homes for foster care or investigating and certifying individuals or homes for foster care.
(b) "Child placing agency" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(c) "Consumer reporting agency" means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit-related information or other information on consumers for the purpose of furnishing credit reports to third parties.
(d) "Credit report" means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity.
(e) "Department" means the department of health and human services.
History:
2016, Act 285, Eff. Dec. 26, 2016
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 285 of 2016 - Foster Child Identification Theft Protection Act (400.681 - 400.689) › Section 400.685 - Obtaining Credit Report on Child Placed in Foster Care; Requirements.

400.685 Obtaining credit report on child placed in foster care; requirements.
Sec. 5.
(1) For a child 14 years or older but less than 18 years of age who is placed under the department's care or supervision for foster care, the department shall annually request from at least 1 consumer reporting agency a credit report on each child.
(2) If a credit report requested under subsection (1) indicates the appearance of fraudulent activity in the foster child's name, both of the following apply:
(a) The department shall work with the foster child and the consumer reporting agency to address and remove the fraudulent activity from the foster child's credit report.
(b) Subject to state and federal confidentiality laws, the department may report the fraudulent activity to a law enforcement agency for investigation.
(3) For a youth 18 years of age or older who was placed under the department's care or supervision for foster care, the department shall assist the youth in obtaining a copy of his or her credit report. The youth described in this subsection may choose to opt out of receiving this assistance, and the department shall make a notation in the case record regarding the youth's choice to opt out.
(4) When a child under 14 years of age leaves foster care, the department shall recommend to that child's permanent caregiver that a credit check be performed on the child to ascertain if there is possible fraudulent activity in the child's credit history.
History:
2016, Act 285, Eff. Dec. 26, 2016
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 285 of 2016 - Foster Child Identification Theft Protection Act (400.681 - 400.689) › Section 400.687 - Electronic Record.

400.687 Electronic record.
Sec. 7.
The department shall maintain an electronic record to comply with the provisions of this act.
History:
2016, Act 285, Eff. Dec. 26, 2016
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 285 of 2016 - Foster Child Identification Theft Protection Act (400.681 - 400.689) › Section 400.689 - Documentation; Discussion of Credit Report With Foster Child.

400.689 Documentation; discussion of credit report with foster child.
Sec. 9.
(1) The department shall keep documentation of all requests and correspondence regarding the foster child's credit report and a copy of any credit report received regarding the foster child in the foster child's case record.
(2) The caseworker shall periodically discuss the credit report with the foster child and inform the foster child of what actions are being taken on behalf of the foster child regarding his or her credit report.
History:
2016, Act 285, Eff. Dec. 26, 2016
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.701 - Short Title.

400.701 Short title.
Sec. 1.
This act shall be known and may be cited as the "adult foster care facility licensing act".
History:
1979, Act 218, Eff. Mar. 27, 1980
Compiler's Notes:
For transfer of powers and duties of adult foster care licensing and child welfare licensing from the department of social services to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.702 - Meanings of Words and Phrases.

400.702 Meanings of words and phrases.
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.
History:
1979, Act 218, Eff. Mar. 27, 1980
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.709 - Administration of Act; Reports, Procedures, Inspections, and Investigations; Advice and Technical Assistance; Consultations; Cooperation With Other Agencies; Education of Public.

400.709 Administration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public.
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 advice and technical assistance to facilities covered by this act to assist facilities in meeting the requirements of this act and the rules promulgated under this act. The department shall offer consultation, upon request, in developing methods for the improvement of service. The department shall cooperate with other state departments and agencies and local units of government in administering this act.
(3) The department shall provide education to the public regarding the requirements of this act through the ongoing use of mass media and other methods.
History:
1979, Act 218, Eff. Mar. 27, 1980
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Admin Rule:
R 400.11101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.714 - Temporary License; Issuance of Regular License or Provisional License; Refusal to Issue License; Temporary License Nonrenewable; Plan of Correction.

400.714 Temporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction.
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 the manner provided for in section 22. A temporary license shall not be renewed.
(2) Before issuing a temporary license, the department may require an adult foster care facility to submit to the department an acceptable plan of correction for the adult foster care facility. The adult foster care facility shall implement the plan of correction within the time limitations of the temporary license period.
History:
1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 2018, Act 557, Eff. Mar. 28, 2019
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.715 - Temporary License; Adult Foster Care Congregate Facility.

400.715 Temporary license; adult foster care congregate facility.
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 requirements prescribed by section 20; and the bed capacity must not exceed that of the licensed facility that it replaces.
History:
1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1984, Act 40, Imd. Eff. Mar. 26, 1984 ;-- Am. 2018, Act 557, Eff. Mar. 28, 2019
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.716 - Temporary License; Prohibitions.

400.716 Temporary license; prohibitions.
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, village, or township of this state.
(2) A temporary license shall not be granted under this act if the proposed adult foster care facility for more than 6 adults has not obtained zoning approval or obtained a special or conditional use permit if required by an ordinance of the city, village, or township in which the proposed facility is located.
(3) The department shall not issue a temporary license to an adult foster care facility which does not comply with section 16a of Act No. 183 of the Public Acts of 1943, as amended, being section 125.216a of the Michigan Compiled Laws, section 16a of Act No. 184 of the Public Acts of 1943, as amended, being section 125.286a of the Michigan Compiled Laws, and section 3b of Act No. 207 of the Public Acts of 1921, as amended, being section 125.583b of the Michigan Compiled Laws.
(4) This section shall not apply to an applicant who has purchased a facility and the facility, at the time of the purchase, or for 1 year preceding the application, was licensed under this act or an act repealed by this act.
History:
1979, Act 218, Eff. Mar. 27, 1980
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.718 - Special License; Rules.

400.718 Special license; rules.
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.
History:
1979, Act 218, Eff. Mar. 27, 1980
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.719 - Regular License; Issuance; Validity; Application for Temporary License; Subsection (4) Applicable to Previously Licensed Facilities.

400.719 Regular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities.
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 foster care camps is valid for 2 years after the date of issuance unless revoked as authorized by section 22 or modified to a provisional status based on evidence of noncompliance with this act or the rules promulgated under this act. The license shall be renewed biennially on application and approval.
(3) A regular license for an adult foster care camp is effective for the specific dates of operation not to exceed a 12-month period unless revoked as authorized by section 22 or modified to a provisional status based on evidence of noncompliance with this act or the rules promulgated under this act. The license shall be renewed annually on application and approval.
(4) Any increase beyond 6 in the number of persons to be received for foster care at 1 time in a small group home requires application for a temporary license pursuant to sections 14 and 16. This subsection applies to facilities that have been previously licensed.
History:
1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1986, Act 257, Eff. Mar. 31, 1987 ;-- Am. 1992, Act 176, Imd. Eff. July 23, 1992
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.720 - Certificate of Approval From Bureau of Fire Services and Department; Compliance; Denial or Certification With Limitations; Hearing.

400.720 Certificate of approval from bureau of fire services and department; compliance; denial or certification with limitations; hearing.
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 prevention code, 1941 PA 207, MCL 29.1b, after compliance with fire safety standards prescribed in rules promulgated by the bureau of fire services pursuant to section 10(2).
(2) The department shall not issue a license to an adult foster care facility indicating approval to operate a specialized program for developmentally disabled adults or mentally ill adults until the facility receives a certificate of approval as required under section 11(5).
(3) A licensee or applicant who is denied a certificate of approval by the bureau of fire services or who is denied or certified with limitations for a specialized program by the department may request a hearing. The hearing shall be conducted by the state fire safety board or the department, as applicable, under chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287.
History:
1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1986, Act 257, Eff. Mar. 31, 1987 ;-- Am. 2006, Act 201, Imd. Eff. June 19, 2006 ;-- Am. 2016, Act 525, Eff. Apr. 9, 2017
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.721 - Facility Licensed on March 27, 1980; Compliance With Fire Safety Standards; Section Inapplicable to Installation of Smoke and Heat Detection Equipment.

400.721 Facility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment.
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 prescribed in rules promulgated under former Act No. 287 of the Public Acts of 1972 which were in effect on March 27, 1980.
(2) This section does not apply to the installation of smoke and heat detection equipment as required by rules promulgated pursuant to this act.
History:
1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1986, Act 257, Eff. Mar. 31, 1987
Compiler's Notes:
Act 287 of 1972, referred to in this section, was repealed by Act 218 of 1979.For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.722a - Denying, Suspending, Revoking, Modifying, or Refusing to Renew License; Grounds; Without Written Notice; 30-Day Appeal.

400.722a Denying, suspending, revoking, modifying, or refusing to renew license; grounds; without written notice; 30-day appeal.
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 applicant agrees in writing to do all of the following:
(a) Waive the requirement that the department provide written notice of the grounds for the proposed action.
(b) Waive the 30-day time frame in which to submit a written appeal to the proposed action.
(c) Waive the right to a contested case hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.328.
History:
Add. 2018, Act 557, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.722b - Emergency Closure of Adult Foster Care Facility; Notification.

400.722b Emergency closure of adult foster care facility; notification.
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 foster care facility contemporaneously when the summary suspension order is served.
History:
Add. 2016, Act 525, Eff. Apr. 9, 2017
Compiler's Notes:
For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.