Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Placing Agencies › Part 1 - GENERAL PROVISIONS › Section R. 400.12101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1) As
				  used in these rules:
(a) "Act" means 1973 PA
				  116, MCL 722.111 to
				  722.128.
(b) "Agency" means child-placing agency as
				  defined in section
				  1 of the act, MCL
				  722.111.
(c) "Case record" means the individual file,
				  including electronic records, kept by an agency concerning a child who has been
				  placed by the agency.
(d) "Chief
				  administrator" means the person designated by the licensee as having the
				  day-to-day responsibility for the overall administration of a child placing
				  agency and for assuring the care, safety, and protection of children and
				  families served.
(e) "Concurrent
				  planning" means simultaneously planning for reunification and alternative
				  permanence.
(f) "Contractor" means
				  a person contracted to perform services or to provide supplies to a child
				  placing agency.
(g) "Corporal
				  punishment" means hitting, paddling, shaking, slapping, spanking, or any other
				  use of physical force as a means of behavior management.
(h) "Department" means the Michigan
				  department of health and human services.
(i) "Deemed status" means a status conferred
				  on an organization based on a professional standard's review by a national
				  accrediting organization that recognizes that the organization's programs meet
				  certain effectiveness criteria.
(j)
				  "Emergency placement" means a placement that is made in response to a sudden
				  unexpected occurrence that demands immediate action.
(k) "Foster care" means a child's placement
				  outside the child's parental home by and under the supervision of a child
				  placing agency, the court, or the department. Foster care does not include the
				  delegation of a parent's or guardian's powers regarding care, custody, or
				  property of a child or ward under a properly executed power of attorney under
				  the safe families for children act, 2018 PA 434, MCL
				  722.1551 to
				  722.1567.
(l) "Foster child" means a person who meets
				  all the following criteria:
(i) Resides in an
				  out-of-home placement based on a court order or is temporarily placed by a
				  parent or guardian for a limited time in a foster home as defined by the act or
				  has been released by a parent to the department or a child placing agency
				  pursuant to section
				  22 of chapter X of the probate
				  code of 1939, 1939 PA 288, MCL
				  710.22.
(ii) Is either of the following:
(A) Placed with or committed to the
				  department for care and supervision by a court order under section
				  2 of chapter XIIA of the probate
				  code of 1939, 1939 PA 288, MCL
				  712 A.2.
(B) Is 18 years of age or older, was in
				  foster care prior to turning 18, and agrees to remain in care following
				  termination of court jurisdiction.
(m) "Foster parent" means the person or
				  persons, including tribal members, to whom a foster home license is
				  issued.
(n) "Gender" or "gender
				  identity" means a person's internal identification or self-image as a man, boy,
				  woman, girl, or another gender identity.
(o) "Gender expression" means how a person
				  publicly expresses or presents their gender, which may include behavior and
				  outward appearance such as dress, hair, makeup, body language, and voice.
				  Components of gender expression may or may not align with gender
				  identity.
(p) "Human behavioral
				  science" means a course of study producing a degree from an accredited college
				  or university that is approved by the department for the specific positions
				  when required by the act and these rules.
(q) "Independent living" means the placement,
				  by an agency, of a youth who is not less than 16 years of age in his or her own
				  unlicensed residence, the residence of an adult who does not have supervisory
				  responsibility for the youth, or in a residence under the control of the
				  agency. The authorized agency or governmental unit retains supervisory
				  responsibility for the youth.
(r)
				  "Infant" means a child between birth and the date of the child's first
				  birthday.
(s) "Licensing authority"
				  means the administrative unit of the department responsible for making
				  licensing and approval recommendations for a child placing agency.
(t) "Parent" means a legal parent and
				  includes a custodial parent, noncustodial parent, or adoptive parent.
(u) "Placement" means moving a child to an
				  out-of-home living arrangement for purposes of foster care, adoption, or
				  independent living; or from out-of-home placement to another out-of-home
				  placement.
(v) "Sexual orientation"
				  means a person's identity in relation to the gender or genders to which they
				  are attracted.
(w) "Social service
				  aide" means an individual who is employed, contracted, or a volunteer who has
				  specified case-support duties as defined by department or agency
				  policy.
(x) "Social service
				  supervisor" means a person who supervises a social service worker. A social
				  service supervisor may also function as a social service worker in the
				  temporary absence of the social service worker if the provisions of
				  R 400.12205 are met.
(y) "Social service worker" means a person
				  who performs social service functions prescribed by these rules.
(z) "SOGIE" means an individual's sexual
				  orientation, gender identity, and expression.
(aa) "Staff" means an individual who is 18
				  years of age or older and who is employed by a child placing agency for
				  compensation.
(bb) "Tribe" means a
				  federally recognized tribe.
(cc)
				  "Volunteer" means a person who is not an employee and does not receive
				  compensation but donates his or her work and acts at the direction of and
				  within the scope of duties determined by the child placing agency.