Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Administrative Action for Developmentally Disabled Persons › Part 5 - ADMINISTRATIVE ACTION FOR DEVELOPMENTALLY DISABLED PERSONS › Subpart 3 - ADMISSION CONDITIONS › Section R. 330.5031 - Temporary and administrative admission

Current through Vol. 24-12, July 15, 2024
Rule 5031.
(1)
					 An application for temporary or administrative admission shall not be
					 considered as lacking in voluntariness because an individual has agreed to the
					 action as a result of a probate court direction.
(2) If a legally empowered person applies for
					 temporary or administrative admission of an individual under 18 years of age
					 and the facility director, or his or her designee, determines that the
					 individual is suitable for admission, the facility shall admit the individual
					 and shall include the application as part of the case record. A person is
					 legally empowered to execute an application for temporary admission if he or
					 she is a parent, a guardian, or in their absence, a person in loco
					 parentis.
(3) An individual, 18
					 years or older, competent and deemed suitable by the director, shall be
					 admitted as an administrative admittee upon application. A guardian shall
					 execute the application if the individual is not competent.
(4) An individual under 18 years of age shall
					 be admitted as an administrative admission if deemed suitable by the facility
					 director upon the application of a parent, guardian, or in their absence, a
					 person in loco parentis.
(5) For
					 the purpose of determining who may execute an application for temporary or
					 administrative admission or who may file written notice to leave a facility:
(a) "Guardian" means a court-appointed
					 plenary guardian or guardian of the person of an individual deemed legally
					 incompetent or a guardian appointed for a minor by a court.
(b) "Parent" means the natural or adoptive
					 parent, whether married or not. A parent whose parental rights have been
					 terminated by the probate court or who has been deprived of legal custody by
					 the probate or circuit court, or the equivalent in another state, is barred
					 from executing an admission application.
(c) "Person in loco parentis" means a person
					 who assumes the rights, duties, and responsibilities of a parent as
					 demonstrated by the fact that the person exercises parental functions, such as
					 the care and supervision of the child. Determination of status as a person in
					 loco parentis shall be made by the facility director or his or her designee.
					 The director or his or her designee may consider, in addition to the criteria
					 already mentioned in this subdivision, any of the following criteria:
(i) The person is the sibling, adopted
					 sibling, stepsibling, grandparent, blood aunt or uncle, nephew, niece, or first
					 cousin of the individual minor.
(ii) The minor was placed by a parent or
					 guardian in the keeping of a person to whom the child is not related as can be
					 documented by some written authorization executed by the parent or guardian or
					 by the sworn affidavits of 2 other adult persons that the minor was left in
					 that person's keeping by the parent or guardian.
(iii) The person is a member of the household
					 in which the minor resides.
(iv)
					 The person is responsible for the maintenance of the minor's home.
(v) A probate court, juvenile division, has
					 found the minor to be within the jurisdiction of that court.