reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1409 - Resident rights; licensee responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) Upon a
				  resident's admission to the home, the licensee shall inform and explain to the
				  resident or the resident's designated representative all of the following
				  resident rights:
(a) The right to be free from
				  discrimination against the provision of services on the basis of race,
				  religion, color, national origin, sex, age, handicap, marital status, or source
				  of payment.
(b) The right to
				  exercise his or her constitutional rights, including the right to vote, the
				  right to practice the religion of his or her choice, the right to freedom of
				  movement, and the right of freedom of association.
(c) The right to refuse participation in
				  religious practices.
(d) The right
				  to write, send, and receive uncensored and unopened mail at his or her own
				  expense.
(e) The right of
				  reasonable access to a telephone for private communications. A licensee may
				  charge a resident for long distance telephone calls. A pay telephone shall not
				  be considered as meeting this requirement.
(f) The right to voice grievances and present
				  recommendations pertaining to the policies and services of the home without
				  fear of retaliation. A resident shall be informed of the home's complaint
				  process.
(g) The right to associate
				  and have private communications and consultations with his or her physician,
				  attorney, or any other person of his or her choice.
(h) The right to participate in the
				  activities of social, religious, and community groups at his or her own
				  discretion.
(i) The right to use
				  the services of advocacy agencies and to attend other community services of his
				  or her choice.
(j) The right of
				  reasonable access to and use of his or her personal clothing and
				  belongings.
(k) The right to have
				  contact with relatives and friends and receive visitors in the home at a
				  reasonable time.
(l) The right to
				  employ the services of a physician, psychiatrist, or dentist of his or her
				  choice for obtaining medical, psychiatric, or dental services.
(m) The right to refuse treatment and
				  services, including the taking of medication, and to be made aware of the
				  consequences of that refusal.
(n)
				  The right to request and receive assistance from the responsible agency in
				  relocating to another living situation.
(o) The right to be treated with
				  consideration and respect, with due recognition of personal dignity,
				  individuality, and the need for privacy.
(p) The right of access to his or her room at
				  his or her own discretion.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1411 - Resident behavior management; general requirements

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) A
				  licensee shall ensure that methods of behavior management are positive and
				  relevant to the needs of the resident.
(2) Methods of behavior management shall
				  encourage cooperation, self-esteem, self-direction, and independence, and shall
				  be administered in accordance with a resident's written assessment
				  plan.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1412 - Resident behavior management; prohibitions

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) A
				  licensee shall not mistreat or permit the mistreatment of a resident by
				  responsible persons or other occupants of the home. Mistreatment includes any
				  intentional action or omission which exposes a resident to a serious risk of
				  physical or emotional harm.
(2) A
				  licensee, responsible person, or any person living in the home shall not use
				  any of the following methods of handling a resident for discipline purposes:
(a) Any form of severe punishment or physical
				  force.
(b) Restricting a resident's
				  movement by binding or tying.
(c)
				  Confining a resident in an area such as a closet, locked room, box, or similar
				  cubicle.
(d) Withholding necessary
				  food, rest, or toilet use.
(e)
				  Mental or emotional cruelty, including subjecting a resident to verbal abuse,
				  making derogatory remarks about the resident or members of his or her family or
				  making malicious threats.
(f)
				  Refusing the resident entrance to the home.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1413 - Resident behavior management; time-out restriction; time-out reporting

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A
				  licensee shall not use time-out unless authorized, in writing, in the
				  resident's written assessment plan, by the resident's designated representative
				  and responsible agency.
(2) A
				  licensee shall not use time-out until he or she has successfully completed
				  time-out training as required by the responsible agency.
(3) A licensee shall maintain a written
				  record of each occurrence of time-out. The record shall include all of the
				  following information:
(a) The nature of the
				  time-out.
(b) The reason for
				  time-out.
(c) The types of less
				  restrictive alternatives which were tried.
(d) The name of the person authorizing the
				  use of time-out.
(e) The times and
				  dates time-out was used.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1414 - Resident behavior management; use of physical restraint, physical restraint report

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1)
				  Excluding those forms of behavior management prohibited in
				  R 400.1412, physical restraint may
				  be used when it has been determined that any of the following exists:
(a) Substantial risk or an occurrence of
				  self-destructive behavior.
(b)
				  Substantial risk or an occurrence of serious physical assault.
(c) Substantial risk or an occurrence of
				  destruction of property.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1415 - Resident behavior management; chemical restraint restriction; chemical restraint report

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) The
				  use of a chemical restraint shall only be prescribed and authorized by a
				  licensed physician.
(2) When a
				  chemical restraint is administered by the licensee or responsible person, the
				  licensee or responsible person shall contact the resident's physician within a
				  reasonable period of time following the administration of the chemical
				  restraint.
(3) A licensee shall
				  initiate a review process as stated in
				  R 400.1414 when a resident requires
				  the repeated and prolonged use of a chemical restraint.
(4) All uses of a chemical restraint shall be
				  noted in the resident's record. This notation shall include all of the
				  following information:
(a) The type of
				  chemical restraint used.
(b) The
				  reason for the use of the chemical restraint.
(c) The types of less restrictive
				  alternatives which were tried.
(d)
				  The name of the physician who prescribed and authorized the chemical
				  restraint.
(e) The time and date
				  the chemical restraint was administered.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1416 - Resident healthcare

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) A
				  licensee, in conjunction with a resident's cooperation, shall follow the
				  instructions and recommendations of a resident's physician regarding
				  medications, special diets, and other resident healthcare needs that can be
				  provided in the home.
(2) A
				  licensee shall maintain a healthcare appraisal on file for not less than 2
				  years after the resident's admission to the home.
(3) A licensee shall record the weight of a
				  resident on admission and then monthly after that. Weight records must be
				  maintained for 2 years.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1416a - Incident notification, incident records

Current through Vol. 24-12, July 15, 2024
Rule 16a.
(1) If a
				  resident has a representative identified in writing on the resident's care
				  agreement, a licensee shall report to the resident's representative within 48
				  hours after any of the following:
(a)
				  Unexpected or unnatural death of a resident.
(b) Unexpected and preventable inpatient
				  hospital admission.
(c) Physical
				  hostility or self-inflicted harm or harm to others resulting in injury that
				  requires outside medical attention or law enforcement involvement.
(d) Natural disaster or fire that results in
				  evacuation of residents or discontinuation of services greater than 24
				  hours.
(e) Elopement from the home
				  if the resident's whereabouts is unknown.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1418 - Resident medications

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1)
				  Prescription medication, including tranquilizers, sedatives, dietary
				  supplements, or individual special medical procedures, shall be given or
				  applied only as prescribed by a licensed physician or dentist. Prescription
				  medication shall be kept in the original pharmacy container which shall be
				  labeled for the specific resident in accordance with the requirements of Act
				  No. 368 of the Public Acts of 1978, as amended, being S333.1101 et seq. of the
				  Michigan Compiled Laws.
(2)
				  Medication shall be given pursuant to label instructions.
(3) Unless a resident's physician
				  specifically states otherwise, all the giving, taking, or application of
				  prescription medications shall be supervised by the licensee or responsible
				  person.
(4) When a licensee or
				  responsible person supervises the taking of medication by a resident, the
				  licensee or responsible person shall comply with the following provisions:
(a) Maintain a record as to the time and
				  amount of any prescription medication given or applied. Records of prescription
				  medication shall be maintained on file in the home for a period of not less
				  than 2 years.
(b) Not adjust or
				  modify a resident's prescription medication without agreement and instructions
				  from a physician or a pharmacist who has knowledge of the medical needs of the
				  resident. A licensee shall record in writing any adjustments or modifications
				  of a resident's prescription medication.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1419 - Resident nutrition

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) A
				  licensee shall provide a minimum of 3 regular nutritious meals daily. Not more
				  than 14 hours shall elapse between the evening and morning meal.
(2) A licensee shall assure proper food
				  preparation, serving, sanitation, and safety.
(3) Meals shall meet the nutritional
				  allowances recommended under the "Suggested Daily Eating Guide" section, which
				  is adapted from the "United States Department of Agriculture's Daily Food Guide
				  (1979)," and based upon the "Recommended Dietary Allowances (1980)," and
				  contained in the publication entitled "Basic Nutrition Facts," pages 28 and 29,
				  Michigan department of public health publication no. H-808, 1980. This
				  publication may be obtained without charge from Nutrition Services, Bureau of
				  Personal Health Services, Michigan Department of Public Health, P.O. Box 30035,
				  Lansing, Michigan 48909.
(4)
				  Special diets shall be prescribed only by a physician. A resident who has a
				  special diet prescribed by a physician shall be provided such a diet.
(5) The department may require menus to be
				  written when there is substantial noncompliance with this rule. If menus are
				  required, they shall be kept until substantial compliance with subrules (1) to
				  (4) of this rule has been determined by the department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1420 - Resident hygiene

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) A
				  licensee shall afford a resident the opportunity for daily bathing.
(2) A licensee shall afford a resident
				  facilities for daily shaving.
(3) A
				  licensee shall afford a resident opportunities to obtain haircuts, hairsets, or
				  other grooming processes.
(4) A
				  licensee shall afford a resident opportunities, and instruction when necessary,
				  to dress as fashion and season warrant.
(5) A licensee shall afford a resident who is
				  capable, opportunities or instructions when necessary, to routinely launder
				  clothing. Clean clothing shall be available at all times.
(6) A licensee shall afford a resident the
				  opportunity to receive assistance in bathing, dressing, or personal hygiene
				  from a member of the same sex, unless otherwise stated in the home's admission
				  policy and written resident care agreement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1422 - Resident records

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) A
				  licensee shall complete and maintain a separate record for each resident and
				  shall provide record information as required by the department. A resident
				  record shall include, at a minimum, all of the following information:
(a) Identifying information, including, at a
				  minimum, all of the following:
(i)
				  Name.
(ii) Social security
				  number.
(iii) Home
				  address.
(iv) Name, address, and
				  telephone number of the next of kin or designated representative.
(v) Name, address, and telephone number of
				  person or agency responsible for the resident's placement in the
				  home.
(vi) Name, address, and
				  telephone number of the preferred physician and hospital.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1423 - Resident recreation

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) A
				  licensee shall make reasonable provision for a varied supply of leisure and
				  recreational equipment appropriate to the number, care, needs, and interests of
				  the residents. Such leisure and recreational equipment shall be safe, clean, in
				  good repair, and easily accessible.
(2) Equipment and materials shall encourage
				  and reinforce all of the following:
(a)
				  Social interaction.
(b) Further
				  growth through first-hand experiences.
(c) Social graces.
(d) Productive utilization of leisure
				  time.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1424 - Environmental health

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) The
				  water supply shall be adequate, of a safe and sanitary quality, and from an
				  approved source. Hot and cold running water under pressure shall be
				  provided.
(2) All sewage shall be
				  disposed of in a public sewer system or, in the absence thereof, in a manner
				  approved by the health authority.
(3) All garbage and rubbish containing food
				  wastes shall be kept in leakproof, nonabsorbent containers which shall be kept
				  covered with tight-fitting lids and removed from the premises at least
				  weekly.
(4) Effective measures
				  shall be taken to protect against the entrance of vermin into the home and
				  against the breeding or presence of vermin on the premises.
(5) Poisonous and toxic materials shall be
				  identified and shall be used only in such manner and under such conditions as
				  will not contaminate food or constitute a hazard to residents.
(6) Open windows shall be screened from May
				  to October.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1425 - Food service

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) All
				  food shall be from sources approved or considered satisfactory by the
				  department and shall be clean; wholesome; free from spoilage, adulteration, and
				  misbranding; and safe for human consumption.
(2) While being stored, prepared, or served,
				  or during transportation to a home, all food shall be protected from
				  contamination.
(3) All perishable
				  food shall be stored at such temperature as will protect against spoilage. All
				  potentially hazardous food shall be maintained at safe temperatures (40 degrees
				  Fahrenheit or below or 140 degrees Fahrenheit or above), except during
				  necessary periods of preparation and service.
(4) All equipment and utensils shall be so
				  designed and of such material and workmanship as to be easily cleanable. All
				  eating and drinking utensils shall be thoroughly cleaned after each
				  usage.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1426 - Maintenance of premises

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) The
				  premises shall be maintained in a clean and safe condition.
(2) All living, sleeping, and kitchen areas
				  shall be well lighted and ventilated.
(3) A roof, exterior walls, doors, skylights,
				  and windows shall be weathertight and watertight and shall be kept in sound
				  condition and good repair.
(4)
				  Floors, interior walls, and ceilings shall be sound, in good repair, and
				  maintained in a clean condition.
(5) All plumbing fixtures and water and waste
				  pipes shall be properly installed and maintained in good working condition.
				  Each water heater shall be equipped with a thermostatic temperature control and
				  a pressure relief valve, both of which shall be in good working
				  condition.
(6) All water closet
				  compartments, bathrooms, and kitchen floor surfaces shall be constructed and
				  maintained so as to be reasonably impervious to water and to permit the floor
				  to be easily kept in a clean condition.
(7) Stairways shall have sturdy and securely
				  fastened handrails which are not less than 30, nor more than 34 inches above
				  the upper surface of the tread. Exterior and interior stairways shall have
				  handrails on the open sides. Porches shall also have handrails on the open
				  sides.
(8) Scatter or throw rugs on
				  hard finished floors shall have a nonskid backing.
(9) Handrails and nonskid surfacing shall be
				  installed in showers and bath areas.
(10) Sidewalks, fire escape routes, and
				  entrances shall be kept reasonably free of hazards, such as ice, snow, and
				  debris.
(11) A yard area shall be
				  kept reasonably free from all hazards, nuisances, refuse, and litter.
(12) Cooking appliances shall be properly
				  installed in accordance with the manufacturer's recommended safety practices.
				  Where metal hoods or canopies are provided, they shall be equipped with filters
				  which shall be maintained in an efficient condition and kept clean at all
				  times.
(13) A written report shall
				  be made to the adult foster care licensing division of the department, the
				  resident's designated representative, and responsible agency within 48 hours,
				  excluding holidays and weekends, of the occurrence of fire or severe weather
				  conditions that result in bodily injury or property damage exceeding
				  $100.00.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1427 - Living space

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) A
				  licensee shall provide, per occupant, not less than 35 square feet of indoor
				  living space, exclusive of bathrooms, storage areas, hallways, kitchen, and
				  sleeping areas.
(2) A resident
				  shall not be housed above a second floor of a 3-story single-family
				  residence.
(3) Living and sleeping
				  areas for a resident shall be contained within the home.
(4) Subrules (1) and (2) of this rule do not
				  apply to those adult foster care family home applicants or licensees who
				  applied for a license or who were issued a license before the promulgation of
				  these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1430 - Bathrooms

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1)
				  Toilets, bathtubs, and showers shall provide for individual privacy.
(2) Bathroom doors may be equipped with
				  positive latching, non-locking-against-egress hardware. Hooks and eyes, bolts,
				  bars, and other similar devices shall not be used on bathroom doors.
(3) A home shall have a minimum of 1 toilet,
				  1 lavatory, and 1 bathing facility for each 8 occupants of the home.
(4) A home housing more than 8 occupants
				  shall have a minimum of 2 toilets, 2 lavatories, and 2 bathing
				  facilities.
(5) Subrule (4) of this
				  rule does not apply to those adult foster care family home applicants or
				  licensees who applied for a license or who were issued a license before the
				  promulgation of these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1431 - Bedrooms generally

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) A
				  living room, dining room, hallway, basement, or other room not ordinarily used
				  for sleeping shall not be used for sleeping purposes by residents of the
				  home.
(2) Bedrooms for residents
				  shall be separated from halls, corridors, and other rooms by floor to ceiling
				  walls.
(3) Interior doorways of
				  bedrooms occupied by residents shall be equipped with a side-hinged,
				  permanently mounted door equipped with positive-latching,
				  non-locking-against-egress hardware.
(4) Traffic to and from any room shall not be
				  through a resident bedroom.
(5)
				  Bedrooms shall have at least 1 window.
(6) Residents of the opposite sex shall not
				  occupy the same bedroom for sleeping purposes, unless they are husband and
				  wife.
(7) A resident having
				  impaired mobility, as determined by a licensed physician, shall not sleep in or
				  be assigned a bedroom located above the street floor in a single-family
				  residence.
(8) A resident shall be
				  provided with reasonable storage space for storage of his or her personal
				  belongings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1432 - Bedroom space; "usable floor space" defined

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) As
				  used in this rule, "usable floor space" means floor space that is under a
				  ceiling which is not less than 6 feet 6 inches in height, excluding closets and
				  space under a portable wardrobe.
(2) A bedroom shall have not less than 65
				  square feet of usable floor space per bed.
(3) A maximum of 4 beds shall be allowed in
				  any multi-occupancy bedroom.
(4)
				  There shall not be less than a 3-foot clearance between beds in a
				  multi-occupancy bedroom.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1433 - Bedroom furnishings

Current through Vol. 24-12, July 15, 2024
Rule 33.
(1)
				  Bedroom furnishings shall include an adequate closet, wardrobe, or a
				  dresser.
(2) Rollaway beds, cots,
				  double-deck beds, stacked bunks, hide-a-beds, and day beds shall not be used by
				  residents for sleeping.
(3) A
				  licensee shall provide a resident with a bed that is not less than 36 inches
				  wide and 72 inches long, with comfortable springs in good condition, a clean
				  protected mattress which is not less than 5 inches thick or 4 inches thick if
				  of synthetic construction, and with a pillow.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1434 - Linens

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1) A
				  licensee shall provide bedding which includes 2 sheets, a pillow case, a
				  minimum of 1 blanket, and a bedspread. Bed linens shall be changed at least
				  weekly or more often if soiled.
(2)
				  A licensee shall provide towels and washcloths which shall be changed at least
				  weekly or more often if soiled.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1435 - Interior finish of walls and ceilings; prohibited materials

Current through Vol. 24-12, July 15, 2024
Rule 35.
(1)
				  Asphalt paper; cork; cardboard; carpeting, whether fire retardant treated or
				  not; foam plastics; plastic materials; or other finish materials that will
				  contribute to the rapid spread of fire or give off dense smoke or toxic gases
				  shall not be permitted as interior finish of a home.
(2) This rule shall only apply to those adult
				  foster care family homes licensed or proposed to be licensed after March 27,
				  1980.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1436 - Interior finishes and materials

Current through Vol. 24-12, July 15, 2024
Rule 36.
(1)
				  Interior finish materials shall be a minimum class C throughout the
				  home.
(2) Interior finish materials
				  shall be securely attached to, or furred out at least 1 inch from, dry wall,
				  plaster, masonry wall, ceiling, or natural solid wood which is a minimum of 3/4
				  of an inch thick.
(3) The attaching
				  of interior finish materials, other than dry wall, plaster, or natural solid
				  wood, which is a minimum of 3/4 of an inch thick, directly to wall studs or to
				  floor or ceiling joists, is prohibited.
(4) Class C materials shall be those interior
				  finish materials which have the following minimum classifications:
(a) Flame spread -- 76-200.
(b) Smoke density -- 126-200.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1437 - Smoke detection equipment

Current through Vol. 24-12, July 15, 2024
Rule 37.
(1) At
				  least 1 single-station smoke detector shall be installed at the following
				  locations:
(a) Between the sleeping areas and
				  the rest of the home. In homes with more than 1 sleeping area, a smoke detector
				  shall be installed to protect each separate sleeping area.
(b) On each occupied floor, in the basement,
				  and in areas of the home which contain flame- or heat-producing
				  equipment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1438 - Emergency preparedness; evacuation plan; emergency transportation

Current through Vol. 24-12, July 15, 2024
Rule 38.
(1) A
				  licensee shall have an evacuation plan and written procedures to be followed in
				  case of fire, medical emergency, or severe weather emergency. Residents who
				  require special assistance shall be identified in the written
				  procedure.
(2) The evacuation plan
				  and emergency procedures shall be prominently posted in the home.
(3) A telephone shall be available and
				  accessible in the home. Emergency telephone numbers, including fire, police,
				  physician, health agency, and ambulance, shall be conspicuously posted
				  immediately adjacent to the telephone.
(4) Fire drills shall be conducted 4 times a
				  year. Two of the 4 required fire drills shall be conducted during sleeping
				  hours. A record of the fire drills shall be incorporated with the evacuation
				  plan.
(5) A licensee shall assure
				  that residents and all occupants of the home are familiar, to the best of their
				  ability, with the evacuation plan and emergency procedures.
(6) A licensee shall assure emergency
				  transportation through the use of an ambulance service or a vehicle owned or in
				  the possession of the licensee or responsible person.
(7) This rule shall only apply to those adult
				  foster care family homes licensed or proposed to be licensed after March 27,
				  1980.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1439 - Means of egress; wheelchairs

Current through Vol. 24-12, July 15, 2024
Rule 39.
(1)
				  Family homes accommodating residents who regularly require wheelchairs shall
				  minimally be equipped with 1 ramp located at a primary means of egress from the
				  first floors.
(2) A ramp shall not
				  exceed 1 foot of rise in 12 feet of run and shall terminate on a firm surface
				  or solid unobstructed ground which will allow the wheelchair occupant to move a
				  safe distance away from the building.
(3) This rule shall only apply to those adult
				  foster care family homes licensed or proposed to be licensed after March 27,
				  1980.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1440 - Heat-producing equipment

Current through Vol. 24-12, July 15, 2024
Rule 40.
(1)
				  Heating shall be from an approved central heating plant or factory mutual and
				  underwriters laboratories labeled or listed permanently installed, fixed-type
				  electrical heating, such as a recognized panel or baseboard electrical heating
				  system.
(2) A furnace, water
				  heater, heating appliances, pipes, woodburning stoves and furnaces, and other
				  flame- or heat-producing equipment shall be installed in a fixed and permanent
				  manner and in accordance with a manufacturer's instructions and shall be
				  maintained in a safe condition.
(3)
				  Where conditions indicate a need for inspection, heat-producing equipment shall
				  be inspected by a qualified inspection service. If there are violations, a copy
				  of the inspection report shall be submitted to the department, together with a
				  written corrective action plan. A copy of the certificate of approval from the
				  qualified inspection service shall be maintained in the home and available for
				  department review.
(4) Hot water
				  pipes and steam radiators located in resident-occupied areas shall be shielded
				  to protect against burns.
(5)
				  Portable heating devices shall not be used.
(6) Heat-producing equipment located in a
				  basement shall be separated from the remainder of the home by means of a floor
				  separation. Standard building material shall be sufficient for the floor
				  separation and shall include at least a 1 3/4-inch solid wood core door or
				  equivalent which is installed in a substantially fully stopped wood or steel
				  frame and which is so constructed to effectively stop the spread of smoke and
				  fire. The door shall be equipped with an automatic self-closing device and
				  positive-latching hardware.
(7)
				  This rule shall only apply to those adult foster care family homes licensed or
				  proposed to be licensed after March 27, 1980.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1441 - Electrical service

Current through Vol. 24-12, July 15, 2024
Rule 41.
(1) The
				  electrical service shall be maintained in a safe condition.
(2) Where conditions indicate a need for
				  inspection, the electrical service shall be inspected by a qualified electrical
				  inspection service. If there are violations, a copy of the inspection report
				  shall be submitted to the department, together with a corrective action plan. A
				  copy of the certificate of approval from the qualified electrical inspection
				  service shall be maintained in the home and available for department
				  review.
(3) This rule shall only
				  apply to those adult foster family homes licensed or proposed to be licensed
				  after March 27, 1980.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1442 - Exemption from rules

Current through Vol. 24-12, July 15, 2024
Rule 42.
(1) Upon
				  written request of an applicant or licensee, the department may grant an
				  exemption from an administrative rule if there is clear and convincing evidence
				  that the alternative to the rule complies with the intent of the administrative
				  rule from which exemption is sought.
(2) The decision of the department, including
				  the conditions under which the exemption is granted, shall be entered upon the
				  records of the department, and a signed copy shall be sent to the applicant or
				  licensee. This exemption may be time-limited or may remain in effect for as
				  long as the licensee continues to comply with the intent of the rule.
(3) An exemption granted pursuant to this
				  rule is not transferrable from one applicant to another or from one licensee to
				  another.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1902 - Applicant; licensee; requirements

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				  applicant and a licensee shall meet all of the following requirements:
(a) Be 18 years of age or older.
(b) Have a high school diploma, general
				  educational development (GED) certificate, or approved training track and hours
				  for child care home providers through MiRegistry.
(c) Permanently reside in the child care home
				  as a member of the household.
(d)
				  Have proof of certification in both of the following:
(i) Infant, child, and adult cardiopulmonary
				  resuscitation (CPR).
(ii) First
				  aid.
(e) Have
				  documentation of completed training in both of the following:
(i) Recognition and reporting of child abuse
				  and neglect.
(ii) Prevention and
				  control of infectious disease, including immunizations.
(f) Attend an orientation provided by the
				  department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1903 - Licensee responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				  licensee shall be responsible for all of the following:
(a) When the child care home is in operation,
				  the licensee shall be present in the home on a daily basis and provide direct
				  care and supervision for the majority of time children are in care, except for
				  any of the following circumstances:
(i)
				  Vacation or personal leave, which must not exceed 20 days within a calendar
				  year. The 20 days of vacation or personal leave means the licensee is absent
				  the entire day or at least 51% of the day when the child care home is
				  operating. A licensee may have a short periodic absence from the
				  home.
(ii) Medical treatment and
				  subsequent recovery.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1904a - Child care staff member; employment requirements

Current through Vol. 24-12, July 15, 2024
Rule 4a.
(1) An
				  individual who is employed as a child care staff member in a child care home
				  shall be 18 years of age or older, pursuant to section 1 of the act, MCL
				  722.111.
(2) Before caring for
				  children at a child care home, an individual shall provide the licensee with
				  all of the following:
(a) A valid
				  certification in infant, child, and adult CPR.
(b) A valid certification in first
				  aid.
(c) Proof of training in the
				  prevention of infectious disease, including immunizations. Hours of training in
				  the prevention of infectious disease from MiRegistry will be allowed to count
				  for training hours to meet this requirement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1904b - Child care assistant; requirements

Current through Vol. 24-12, July 15, 2024
Rule 4b.
(1) A
				  child care assistant shall be 14 to 17 years of age.
(2) Prior to contact with children, the
				  individual shall be determined by the department to be eligible to serve as a
				  child care assistant, as required by R 400.1925.
(3) Within 90 days of hire, a child care
				  assistant shall provide the licensee all of the following:
(a) A valid certification in infant, child,
				  and adult CPR.
(b) A valid
				  certification in first aid.
(c)
				  Proof of training in the prevention of infectious disease, including
				  immunizations. Hours of training in the prevention of infectious disease from
				  MiRegistry will be allowed to count for training hours to meet this
				  requirement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1905 - Training

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				  licensee shall complete not less than 10 clock hours of training each calendar
				  year related to child development, program planning, and administrative
				  management for a child care business, not including CPR, first aid, and
				  infectious disease, including immunizations, training.
(2) A child care staff member and a child
				  care assistant shall complete not less than 5 clock hours of training each
				  calendar year related to child development and caring for children, not
				  including CPR, first aid, and infectious disease, including immunizations,
				  training.
(3) A licensee shall
				  ensure that child care staff members and child care assistants, prior to caring
				  for children, have training that includes information on all of the following:
(a) Safe sleep practices to prevent sudden
				  infant death syndrome.
(b)
				  Recognition of and the reporting of child abuse and neglect.
(c) Prevention of shaken baby syndrome,
				  abusive head trauma, and child maltreatment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1906 - Records of a licensee; child care staff member; child care assistant

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				  licensee shall maintain a file for each child care staff member and each child
				  care assistant that includes all of the following:
(a) The individuals first and last name,
				  address, telephone number, and date of hire.
(b) Daily records detailing arrival times and
				  departure times at the child care home.
(c) A statement signed by a licensed
				  physician or his or her designee that attests to the individuals mental and
				  physical health, and which must be updated as follows:
(i) For an applicant or licensee, within 1
				  year before issuance of the initial license and at the time of subsequent
				  renewals.
(ii) For a child care
				  staff member and a child care assistant, within 1 year prior to caring for
				  children and at the time of subsequent renewals of the child care homes
				  license.
(d) Other
				  physician attestations and records as required in
				  R
				  400.1919.
(e) Training records, as defined in
				  R 400.1905(5), which
				  may also be viewed online at MiRegistry during an on-site inspection.
(f) A completed and signed Michigan Child
				  Care Background Check Consent and Disclosure form as required in R
				  400.1925.
(g) A written statement,
				  signed and dated by the child care staff member or child care assistant at the
				  time of hiring, indicating all of the following information:
(i) The individual is aware that abuse and
				  neglect of children is unlawful.
(ii) The individual knows that he or she is
				  mandated by law to report child abuse and neglect.
(iii) The individual has received a copy of
				  the licensees discipline policy.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1907 - Child's record

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) Prior
				  to a child's initial attendance, a licensee shall obtain the following
				  documents:
(a) A completed child information
				  card on a form provided by the department or a comparable substitute approved
				  by the department.
(b) A child in
				  care statement or receipt using a form provided by the department and signed by
				  the parent certifying all of the following:
(i) Receipt of a written disciplinary
				  policy.
(ii) Condition of the
				  child's health.
(iii)
				  Acknowledgement that the parent has been offered either a copy of the licensing
				  rules for a child care home or has been given the website for an electronic
				  copy of these rules.
(iv) Agreement
				  as to who will provide food for the child.
(v) Acknowledgement that firearms are on the
				  premises, if applicable.
(vi) If
				  the child care home was built prior to 1978, then the licensee shall inform the
				  parents of each child in care and all personnel of the potential presence of
				  lead-based paint or lead dust hazards, unless the licensee maintains
				  documentation from a lead testing professional that the home is lead
				  safe.
(c) Documentation
				  that immunizations and boosters, as recommended by the state department of
				  health and human services, are any of the following:
(i) Have been completed.
(ii) Are in progress.
(iii) Are not being administered due to
				  religious, medical, or other reasons based on a waiver signed by the
				  parent.
(d) If a parent
				  objects to emergency medical treatment on religious grounds, the parent shall
				  provide a signed statement that he or she assumes responsibility for all
				  emergency care.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1908 - Capacity

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				  licensee shall ensure that the actual number of unrelated children in care at
				  any 1 time does not exceed the number of children for which the child care home
				  is licensed, not more than 6 children for a family child care home and not more
				  than 12 children for a group child care home.
(2) This rule is not subject to the variance
				  specified in
				  R
				  400.1963.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1909 - Concurrent licensing

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				  licensee who is concurrently licensed as a children's foster home provider
				  shall so inform the parents of the children in care.
(2) A licensee who provides care for both
				  child care and foster care children shall not care for more than 12 children,
				  including all of the following:
(a) Children
				  who are under 17 years of age and who are related to the licensee by blood,
				  marriage, adoption, or legal guardianship.
(b) The capacity of foster children
				  identified on the foster care license.
(c) All other children who are cared for on a
				  part-time or full-time basis.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1910 - Ratio of personnel to children

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				  ratio of personnel to children present in the home at any 1 time must be not
				  less than 1 member of the personnel to 6 children. The ratio must include all
				  children in care who are not related to any personnel and any of the following
				  children who are less than 6 years of age:
(a) Children of the licensee.
(b) Children of a child care staff member or
				  child care assistant.
(c) Children
				  related to any member of the household by blood, marriage, or
				  adoption.