reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.722c - Summary Suspension Order for Closure; Departmental Duties; Temporary Advisor.

400.722c Summary suspension order for closure; departmental duties; temporary advisor.
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 services has been notified to make arrangements for the orderly and safe discharge and transfer of the residents to another facility or appropriate setting.
(b) Determine whether a representative of the department must be placed in a facility on a daily basis to monitor the delivery of services during the discharge of residents to another facility or location.
(c) Determine if the appointment of a temporary administrative advisor or a temporary clinical advisor, or both, is necessary, with authority and duties specified by the department to assist the facility management and staff to oversee the orderly closure of the facility. The licensee must pay the expense of the person appointed.
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- Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.723 - Repealed. 2018, Act 558, Eff. Mar. 28, 2019.

400.723 Repealed. 2018, Act 558, Eff. Mar. 28, 2019.
Compiler's Notes:
The repealed section pertained to the authority of a city, village, or township in which an adult foster care facility is located to file a complaint with the department.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.725 - Contested Case Hearing; Judicial Review.

400.725 Contested case hearing; judicial review.
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.
History:
1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 2018, Act 558, 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 400.726 - Name or Designation of Facility.

400.726 Name or designation of facility.
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 charitable corporation, organization, or association unless the corporation, organization, or association is an owner of the facility.
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 400.726a - 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.

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.
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 substance use disorder program and is approved as a co-occurring enhanced crisis residential program, is not considered to require continuous nursing care for the purpose of section 3(4).
(3) A licensee providing foster care to a resident who is enrolled in a licensed hospice program and whose assessment plan includes a do-not-resuscitate order or a validly executed POST form under part 56B of the public health code, 1978 PA 368, MCL 333.5671 to 333.5685, is considered to be providing protection to the resident for purposes of section 6(5) and the rules promulgated under this act if, in the event the resident suffers cessation of both spontaneous respiration and circulation, the licensee contacts the licensed hospice program.
History:
Add. 1996, Act 194, Eff. Aug. 1, 1996 ;-- Am. 2017, Act 156, Eff. Feb. 6, 2018 ;-- Am. 2018, Act 388, Eff. Mar. 19, 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 400.726c - 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.

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.
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 to comply with the medical orders provided on a validly executed form because of a policy, religious belief, or moral conviction, the adult foster care facility shall take all reasonable steps to refer or transfer the patient to another adult foster care facility.
History:
Add. 2017, Act 156, Eff. Feb. 6, 2018
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.727 - Posting License, Inspection Report, and Other Documents; Retention of Materials for Public Inspection.

400.727 Posting license, inspection report, and other documents; retention of materials for public inspection.
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 the facility received from the department.
(c) A description, provided by the department, of complaint procedures established under this act and the name, address, and telephone number of a person authorized by the department to receive complaints.
(d) A complete list of materials available for public inspection which the facility is required to retain under subsection (2).
(2) A licensee operating an adult foster care congregate facility shall retain all of the following for public inspection:
(a) A complete copy of each inspection report of the facility received from the department during the past 5 years.
(b) A description of the services provided by the facility and the rates charged for those services and items for which a resident may be separately charged.
(c) A list of the name, address, and official position of each person having an ownership interest in the facility as required by section 13(4).
(d) A list of personnel employed or retained by the facility.
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 400.728 - Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.

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.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.729 - Providing Foster Care to Person Related to Licensee or Licensee's Spouse.

400.729 Providing foster care to person related to licensee or licensee's spouse.
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 in the facility if the person is provided adult foster care services for compensation.
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 400.730 - Injunction.

400.730 Injunction.
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 promulgated under this act and the violation may result in serious harm to the residents under care.
History:
1979, Act 218, Eff. Mar. 27, 1980 ;-- 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 400.731a - Person Sentenced to Perform Community Service.

400.731a Person sentenced to perform community service.
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 person is convicted of a misdemeanor, community service for not more than 80 days.
(2) For purposes of this section, community service shall not include activities involving interaction with or care of vulnerable adults.
(3) A person sentenced to perform community service under this section shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
History:
Add. 1994, Act 150, Imd. Eff. June 7, 1994
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 400.732 - Notices Required.

400.732 Notices required.
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 newly licensed adult foster care facilities within 30 days after the issuance of a license.
(3) The department shall notify the clerk of the city, village, or township of the location of all licensed adult foster care facilities within the boundaries of that city, village, or township within 30 days after receipt of the request.
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 400.733 - Local Ordinances, Regulations, or Construction Codes.

400.733 Local ordinances, regulations, or construction codes.
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 homes, or adult foster care family homes. This section shall not be construed to exempt adult foster care facilities from local construction codes which are applicable to private residences.
History:
1979, Act 218, Eff. Mar. 27, 1980
Constitutionality:
Section 3b of the City and Village Zoning Act and § 33 of the Adult Foster Care Facility Licensing Act do not violate the Title-Object Clause of the Michigan Constitution. City of Livonia v Department of Social Services, 423 Mich 466; 335 NW2d 473 (1985).
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 400.734 - Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.

400.734 Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Compiler's Notes:
The repealed section pertained to legislative review.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.734a - Repealed. 2006, Act 29, Eff. Apr. 1, 2006.

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.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.735 - Repeal of MCL 331.681 to 331.694.

400.735 Repeal of MCL 331.681 to 331.694.
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.
History:
1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1984, Act 40, Imd. Eff. Mar. 26, 1984
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.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737) › Section 400.736 - Concurrent License as Foster Family Home or Foster Family Group Home; Receiving Additional Minor Children; Definitions.

400.736 Concurrent license as foster family home or foster family group home; receiving additional minor children; definitions.
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 received in the adult foster care family home after the filing of an application for a license under this act.
(2) A licensee may receive a minor child placed in foster care under the laws of this state after filing an application for a license under this act. A placement under this subsection shall be approved at the discretion of the director or his or her designee and shall be based upon a recommendation by a licensed child placing agency or an approved governmental unit and shall be subject to appropriate terms and conditions determined by the department.
(3) As used in this section:
(a) "Foster family home" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
(b) "Foster family group home" means that term as defined in section 1 of 1973 PA 116, MCL 722.111.
History:
Add. 1984, Act 140, Imd. Eff. June 1, 1984 ;-- Am. 2004, Act 59, Eff. Aug. 1, 2004
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 400.737 - 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.

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.
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 small group home after the filing of an application for a license pursuant to this act. The combined licensed capacity shall not exceed more than a combination of 6 children and adults.
(2) As used in this section, "child caring institution" means that term as defined in section 1 of Act No. 116 of the Public Acts of 1973, being section 722.111 of the Michigan Compiled Laws.
History:
Add. 1984, Act 140, Imd. Eff. June 1, 1984
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 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.751 - Short Title; Applicability of Act.

400.751 Short title; applicability of act.
Sec. 1.
(1) This act shall be known and may be cited as the "state food stamp distribution act".
(2) This act applies to the distribution of food stamps through the issuance of paper coupons. It does not apply to distribution by means of an electronic benefit transfer system, except as provided by federal law.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1999, Act 193, Imd. Eff. Dec. 1, 1999
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.752 - Meanings of Words and Phrases.

400.752 Meanings of words and phrases.
Sec. 2.
For purposes of this act, the words and phrases defined in sections 3 and 4 have the meanings ascribed to them in those sections.
History:
1984, Act 387, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.753 - Definitions; a to D.

400.753 Definitions; A to D.
Sec. 3.
(1) "Applicant" means an individual, partnership, corporation, association, or political subdivision of this state that submits a bid for a contract.
(2) "Contract" means a written agreement between a distributor and the department of management and budget, under which the distributor issues coupons under certain conditions in exchange for compensation.
(3) "Coupon" means a coupon, stamp, or other type of certificate created under the food stamp program and redeemable for certain food.
(4) "Distribution area" means an area designated by the family independence agency within which a distributor is responsible for issuing coupons to recipients.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.754 - Definitions; D to R.

400.754 Definitions; D to R.
Sec. 4.
(1) "Distribution site" means the establishment or portion of an establishment at which a distributor issues coupons to recipients.
(2) "Distributor" means an individual, partnership, corporation, or association that is awarded a contract; or a nonprofit organization, local office of the family independence agency, or political subdivision of this state which after the effective date of this act is designated as an agency that will distribute food coupons, and which is not distributing coupons on the effective date of this act. Distributor does not include a nonprofit organization, local office of the family independence agency, or political subdivision of this state which is designated to distribute coupons pursuant to section 8(2) and which on the effective date of this act is distributing food coupons.
(3) "Food stamp program" means the program created under the food stamp act of 1977, Public Law 88-525, 20 U.S.C. 2011 to 2012 and 2013 to 2036, and the regulations promulgated under that act.
(4) "Recipient" means an individual determined to be eligible to receive coupons.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.755 - Issuance of Coupons Without Contract; Duration of Contract With Distributor; Coupons Distributed Before Effective Date of Act.

400.755 Issuance of coupons without contract; duration of contract with distributor; coupons distributed before effective date of act.
Sec. 5.
(1) Except as provided in subsection (3) or section 8(2), an individual, partnership, corporation, association, or political subdivision of this state shall not issue coupons to recipients without being awarded a contract under this act.
(2) As determined by the department of management and budget, a contract with a distributor shall be for a period of at least 1 year except as provided in this subsection. No contract shall exceed a period of 5 years. A contract with a distributor may be for a period of less than 1 year if it is awarded during a state fiscal year for a period which ends on the last day of the state fiscal year.
(3) The family independence agency may allow an individual, partnership, corporation, or association that issued coupons in a distribution area before the effective date of this act to continue to issue coupons until a distributor is selected for the distribution area and begins issuing coupons.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.756 - Standards and Criteria for Awarding Contracts.

400.756 Standards and criteria for awarding contracts.
Sec. 6.
The department of management and budget shall develop standards and criteria for awarding contracts. The standards and criteria shall be consistent with this act and the food stamp program.
History:
1984, Act 387, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.757 - Issuance of Requests for Quotations, Bid Forms, and Other Printed Information; Contents of Forms and Printed Information; Sealed Bid; Prohibited Conduct.

400.757 Issuance of requests for quotations, bid forms, and other printed information; contents of forms and printed information; sealed bid; prohibited conduct.
Sec. 7.
(1) For each distribution area in this state, the department of management and budget shall issue requests for quotations, bid forms, and other printed information necessary for gathering bids and supporting information. The forms and printed information shall explain clearly the standards and criteria and procedures used for selecting distributors, the duties of a distributor, and the penalties and liabilities imposed on a distributor by this act.
(2) A bid form and supporting information required of an applicant shall be submitted by the applicant to the department of management and budget by sealed bid.
(3) An official or employee of the department of management and budget shall not solicit or accept a bid for any distribution area after the sealed bids for that distribution area have been opened. An officer or employee of the department of management and budget or the family independence agency shall not advise any applicant in a way that gives the applicant an advantage over another applicant.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.758 - Evaluating Qualifications of Applicants; Determination; Technical Input; Designation of Distributor Without Submission of Bid; Identities of Distributors; Contracting Agency.

400.758 Evaluating qualifications of applicants; determination; technical input; designation of distributor without submission of bid; identities of distributors; contracting agency.
Sec. 8.
(1) After evaluating the qualifications of all applicants for a distributorship, the department of management and budget shall determine, for each distribution area, which applicant meets the standards and criteria established by the department, demonstrates the ability to satisfy the requirements of section 9(a) to (g), and has submitted the lowest bid for a distribution area. The department of management and budget may seek the technical input of the family independence agency in evaluating the qualifications of applicants.
(2) A nonprofit organization, a local office of the family independence agency, or a political subdivision of this state may be designated as the agency that will distribute coupons in an area without submitting a bid if the nonprofit organization, local office of the family independence agency, or political subdivision meets the requirements of section 9(a) and (b) and is distributing coupons on the effective date of this act.
(3) The department of management and budget shall supply the identities of the distributors selected to the family independence agency. The department of management and budget shall be the contracting agency for the state.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.759 - Contract Requirements.

400.759 Contract requirements.
Sec. 9.
A contract shall require a distributor to do or comply with not less than all of the following:
(a) Require fidelity bonds of those employees of the distributor who, according to standards established by the department of management and budget, are involved with the distribution of coupons.
(b) Maintain and supply proof of insurance against destruction, theft, and robbery in amounts adequate to cover loss of the maximum value of coupons that would be at the distribution site or under the control of the distributor at any time.
(c) Provide security measures at the distribution site that adequately protect recipients while on the distribution site.
(d) Demonstrate financial solvency sufficient to ensure continued operation during the contract period.
(e) With respect to all bids submitted after the effective date of this act, not maintain a financial or business relationship with, or share retail space or maintain adjoining retail space with, a retail food establishment.
(f) Be registered to do business in this state, if otherwise required by law.
(g) Make the distribution site accessible to persons with disabilities.
(h) Operate the distribution site in compliance with state and local health, building, or zoning ordinances.
(i) Make available to inspection by the family independence agency the distributor's coupon inventories and coupon inventory records.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.760 - Cancellation of Contract; Notice; Grounds; Appeal.

400.760 Cancellation of contract; notice; grounds; appeal.
Sec. 10.
(1) The contract shall provide that the department of management and budget, on giving not less than 30 days' notice, may cancel a contract if the distributor fails to meet any requirement prescribed in section 9, except that any failure to comply with section 9(a) and (b) shall not require 30 days' notice before cancellation. The family independence agency shall inform the department of management and budget of any distributor that fails to meet any requirement prescribed in section 9.
(2) A distributor that receives notice of intent to cancel the distributor's contract may appeal the cancellation pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.761 - Eligibility Days.

400.761 Eligibility days.
Sec. 11.
(1) Beginning April 1, 1985, in each county in which at least 1 private sector distributor distributes coupons, the first 2 Saturdays of each month shall be considered eligibility days for recipients, except that a Saturday that is a state or national holiday shall not be an eligibility day.
(2) As used in this section, "eligibility day" means a day on which recipients are entitled to receive coupons through on-line access to the central computer as determined by the family independence agency.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.762 - Relocation of Distribution Site; Cost.

400.762 Relocation of distribution site; cost.
Sec. 12.
The family independence agency may require a distributor to relocate its distribution site to another location within a distribution area, but the family independence agency shall pay the cost of the relocation.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.763 - Payment of Compensation to Distributor; Suspension of Payment.

400.763 Payment of compensation to distributor; suspension of payment.
Sec. 13.
The family independence agency, within 15 days after the end of each month or receipt of the billing statement from the distributor, whichever is later, shall pay compensation to a distributor for coupons distributed during the month. The family independence agency may suspend payment of compensation to a distributor that cannot account for all coupons received for distribution during the preceding month.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.764 - Community Action Agency as Distributor; Rate of Compensation per Transaction; Applicability of Section.

***** 400.764 THIS SECTION DOES NOT APPLY AFTER SEPTEMBER 30, 1989: See (3) of 400.764 *****
400.764 Community action agency as distributor; rate of compensation per transaction; applicability of section.
Sec. 14.
(1) In a county in which a community action agency is designated to distribute coupons pursuant to section 8(2), the rate of compensation per transaction that is paid to the community action agency shall not be increased beyond the rate paid as of October 1, 1984, unless the rate of compensation per transaction paid to each distributor in the county is increased by the same amount.
(2) For purposes of this section, "community action agency" means an agency designated pursuant to section 8 of Act No. 230 of the Public Acts of 1981, being section 400.1105 of the Michigan Compiled Laws.
(3) This section shall not apply after September 30, 1989.
History:
1984, Act 387, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.765 - Repealed. 2018, Act 306, Eff. Sept. 27, 2018.

400.765 Repealed. 2018, Act 306, Eff. Sept. 27, 2018.
Compiler's Notes:
The repealed section pertained to an annual report.
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.766 - Liability for Lost Coupons.

400.766 Liability for lost coupons.
Sec. 16.
A distributor is liable to the family independence agency for the value of all coupons lost while under the distributor's control.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.767 - Distribution Areas to Which Act Applicable.

400.767 Distribution areas to which act applicable.
Sec. 17.
This act applies to all distribution areas in which the state uses an on-line computer system for verifying and transmitting information about recipients. This act does not apply to any area in this state in which food coupons are mailed to recipients.
History:
1984, Act 387, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 400 - Social Services › Act 387 of 1984 - State Food Stamp Distribution Act (400.751 - 400.770) › Section 400.768 - Compliance With Food Stamp Program.

400.768 Compliance with food stamp program.
Sec. 18.
The family independence agency and the department of management and budget shall comply with the food stamp program in implementing this act.
History:
1984, Act 387, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 89, Imd. Eff. May 13, 1998