reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 3 - DISPOSITION OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY › Section R. 330.10091 - Resident rights

Current through Vol. 24-12, July 15, 2024
Rule 10091.
(1)
					 Within 24 hours of admission, the director shall inform the person of his
					 rights as a resident of the center. He shall have the same rights and
					 privileges as other residents of a facility, except that security precautions
					 appropriate to the condition and circumstances of a resident may be taken
					 limiting freedom of movement.
(2)
					 Security precautions shall be in accordance with department administrative
					 rules governing rights of residents of mental health facilities.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 3 - DISPOSITION OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY › Section R. 330.10093 - Custody

Current through Vol. 24-12, July 15, 2024
Rule 10093. During the 60-day examination and evaluation
						period, the person shall not leave the custody of the center without the
						approval of the director of the center and notification of the
						court.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 3 - DISPOSITION OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY › Section R. 330.10095 - Discharge

Current through Vol. 24-12, July 15, 2024
Rule 10095. The director shall discharge a person
						admitted under this section after 1 of the following:
(a) Upon the expiration of the 60-day
					 examination and evaluation period, if a petition has not been filed with a
					 probate court by a prosecuting attorney.
(b) When a person is released to the custody
					 of a peace officer for transport to a probate hearing, or at the conclusion of
					 a probate court hearing held at the center, if an individual is found not to be
					 a person requiring treatment or meeting the criteria for judicial
					 admission.
(c) When the person is
					 ordered by the probate court to some other hospital, facility, or agency for
					 treatment.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 3 - DISPOSITION OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY › Section R. 330.10097 - Consultation

Current through Vol. 24-12, July 15, 2024
Rule 10097.
(1)
					 When a person is ordered by the court to be hospitalized, admitted to a
					 facility, or otherwise to receive treatment, the person shall not be discharged
					 or placed on leave without prior consultation with the center.
(2) Consultation shall include exchange of
					 written opinions between the center and the institution, agency, or
					 professional person providing services and requesting discharge or leave for a
					 person.
(3) An institution, agency,
					 or professional person providing treatment shall file a report with the center
					 for forensic psychiatry proposing plans for discharge or leaves.
(4) Upon receipt of a report proposing a
					 discharge or leave, as soon as administratively possible, but not later than 30
					 days from the receipt date of the requesting report, the center shall submit a
					 response to the institution, agency, or person requesting consultation. The
					 center's response shall include an evaluation and recommendation based on the
					 report and may include an examination of the person either, at the discretion
					 of the forensic center, at the center or the facility or agency providing
					 services. The center may request further information, the request explaining
					 the need for the additional information.
(5) When the center does not concur with the
					 proposed course of action, the requesting institution, agency, or professional
					 person may file additional reports with the center or after any exchange of
					 opinions may ask for a review of the matter by the director of the
					 department.
(6) When a review is
					 requested, the institution, agency, or professional person providing services
					 shall send copies of the proposing reports and the center's responses to the
					 director of the department. The director of the department shall either approve
					 or disapprove the proposed course of action. Written approval or disapproval
					 and an explanation of the reasons shall be sent to the agency, institution, or
					 professional person requesting the proposed course of action and to the
					 center.
Michigan Administrative Code › Department - Health and Human Services › Behavioral Health and Developmental Disabilities Administration › Criminal Provisions › Part 10 - CRIMINAL PROVISIONS › Subpart 4 - CRIMINAL SEXUAL PSYCHOPATHS › Section R. 330.10099 - Criminal sexual psychopaths

Current through Vol. 24-12, July 15, 2024
Rule 10099.
(1)
					 A person committed as a criminal sexual psychopath may be paroled to the
					 community pursuant to department policies and procedures by the director of a
					 facility if there are reasonable grounds to believe the person has recovered
					 from the psychopathy and is not a menace to the safety of himself or
					 others.
(2) A person committed as a
					 criminal sexual psychopath who has been on parole in the community for a
					 continuous period of not less than 2 years without recurrence of the criminal
					 sexual psychopathic behavior which led to the original commitment shall be
					 discharged by the director of a facility in accordance with section 942 of the
					 act.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Placement on Central Registry After Criminal Conviction › Section R. 400.201 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means the child
				protection law, 1978 PA 238. MCL 722.621 to 722.638.
(b) "Conviction" means a formal declaration
				that an individual is guilty of a criminal offense, by the verdict of a jury or
				the decision of a judge in a court of law.
(c) "Court" means any circuit court in this
				state.
(d) "Department" means the
				department of health and human services.
(e) "Expunction" means removal of a record or
				report.
(f) "Individual" means the
				person convicted of a specific crime and whose conviction warrants placement on
				the central registry.
(g) "SCAO"
				means the state court administrator's office, which is the office under this
				state's judicial branch that provides guidance and management to trial courts
				statewide.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Placement on Central Registry After Criminal Conviction › Section R. 400.202 - Department process after receipt of central registry placement from the court

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				department shall create a central point of contact for the receipt of all
				requests from the courts for placement of an individual on the central
				registry.
(2) After receipt of the
				request and conviction order from the court, the department shall review the
				request for a determination of placement on the central registry.
(3) If the department's review results in
				placement, the placement must occur within 30 business days after receipt of
				the order.
(4) The central registry
				placement date must be the date of the conviction order.
(5) The department shall coordinate with SCAO
				in the creation of forms for an individual's placement on the central
				registry.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Placement on Central Registry After Criminal Conviction › Section R. 400.203 - Multiple placements on the central registry

Current through Vol. 24-12, July 15, 2024
Rule 3. If it is determined that an individual named in the
				  criminal conviction order for placement is currently on the central registry
				  for a confirmed central registry case for the same offense investigated by the
				  department, both placements must remain on the central registry.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Placement on Central Registry After Criminal Conviction › Section R. 400.204 - Department's notification to an individual of placement on the central registry

Current through Vol. 24-12, July 15, 2024
Rule 4. Once an individual is placed on the central registry
				  because of the individual's conviction, the department shall mail notification
				  of the placement on the central registry to an individual by registered or
				  certified mail, return receipt requested, and restricted delivery to the
				  addressee. The department shall include language in the notification of an
				  individual's right to a hearing before the convicting court and, if applicable,
				  the department, for expunction of the placement.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Placement on Central Registry After Criminal Conviction › Section R. 400.205 - Expunction request

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) An
				individual requesting an expunction from the central registry because of a
				criminal conviction shall file a motion in the court of conviction to request
				an expunction by that court. The court may deny the request or issue a request
				to the department for expungement. An individual may only request expunction
				based on either of the following:
(a)
				Demonstrating that the individual was not convicted of an offense listed under
				section 7j(3) of the act, MCL 722.627j.
(b) Demonstrating that the individual's
				conviction of the offense that caused the individual to be placed on the
				central registry has been expunged.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Placement on Central Registry After Criminal Conviction › Section R. 400.206 - Expunction finding by court

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) After
				receipt of a request from the court for an individual to be removed from the
				central registry, the department shall review the court's request and determine
				whether removal is warranted.
(2)
				The court's request for removal from the central registry is based on the
				criminal conviction only. If an individual has a placement for the same offense
				because of the department's investigation and substantiation of a central
				registry placement, the individual shall file an administrative request for
				review and hearing with the department for removal of the department's
				placement.
(3) After an individual
				is removed from the central registry, notification of the removal must be sent
				to the individual and the court of conviction, by first class mail.
(4) The department shall coordinate with the
				SCAO in the creation of forms for an individual's removal from the central
				registry.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.10 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(a) "Child"
				means a person who, by reason of minority, is legally subject to parental,
				guardianship, or similar control.
(b) "Department" means the Michigan
				department of human services.
(c)
				"Foster Care", for purposes of these rules only and defined by Regulation Three
				of the Interstate Compact on the Placement of Children, means placement of a
				child which includes 24-hour a day care provided by the child's parent or
				parents by reason of a court-ordered placement or 24-hour substitute care for
				children placed away from their parents or guardians and for whom the state
				agency has placement and care responsibility. This includes, but is not limited
				to the following:
(i) Placements in foster
				family homes.
(ii) Foster homes of
				relatives.
(iii) Group
				homes.
(iv) Emergency
				shelters.
(v) Residential
				facilities.
(vi) Child care
				institutions.
(vii) Pre-adoptive
				homes.
A child is in foster care regardless of any of the
				  following:
(i) The foster care
				facility is licensed and payments are made by the state or local agency for the
				care of the child.
(ii) Whether
				adoption subsidy payments are being made prior to the finalization of an
				adoption.
(iii) Whether there is
				federal matching of any payments that are made.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.11 - Implementation of processes; policy

Current through Vol. 24-12, July 15, 2024
Rule 2. Procedures for the implementation of these rules as
				  required by the ICPC shall be published in this state's ICPC policies and made
				  available to the public.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.11a - Scope and Purpose

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				purpose of these rules is to provide, at the request of a sending agency, a
				home study and placement decision by a receiving state for the proposed
				placement of a child with a proposed caregiver who falls into either of the
				following categories of placement:
(a) For
				public adoption.
(b) Foster care
				and/or with parents or relatives.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.12 - Applicability; authority of court; delegation

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1)
				Placement decisions apply to cases involving children who are under the
				jurisdiction of a court for abuse or neglect as a result of action taken by a
				child welfare agency.
(2) The court
				may determine supervision, custody, and placement of the child or may delegate
				authority to the child welfare agency if the child is being considered for
				placement in another state.
An obvious error in R
				  400.12 was corrected at the request of the promulgating agency, pursuant to
				  Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
				  containing the error was published in Michigan Register, 2015 MR 8. The
				  memorandum requesting the correction was published in Michigan Register, 2015
				  MR 9
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.13 - ICPC placement protection status

Current through Vol. 24-12, July 15, 2024
Rule 5. ICPC placement protection continues under either of
				  the following conditions:
(a) The
				child has not yet been placed and there is consideration of a placement
				resource.
(b) When requesting a new
				home study on the current approved placement resource. This may include an
				upgrade from unlicensed relative to a licensed foster home or to adoption home
				placement category.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.14 - Child placed without ICPC approval; violation; receiving state options

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) When a
				child has been placed in a receiving state prior to ICPC approval, the case is
				considered a violation of ICPC and the placement is made with the sending
				agency bearing full liability and responsibility for the safety of the
				child.
(2) The receiving state may
				request immediate removal of the child until the receiving state has made a
				decision under the ICPC.
(3) The
				receiving state may proceed, but is not required to proceed, with the home
				study/ICPC decision process as long as the child is placed in violation of the
				ICPC.
(4) The receiving state may
				choose to open the case for ICPC courtesy supervision.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.15 - Placements not subject to ICPC protection

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) ICPC
				protection does not apply under the following conditions:
(a) When the court places the child with a
				parent from whom the child was not removed, and the court does the following:
(i) Has no evidence that the parent is
				unfit.
(ii) Does not seek any
				evidence from the receiving state that the parent is either fit or
				unfit.
(iii) Relinquishes
				jurisdiction over the child immediately upon placement with the parent.
The receiving state shall have no responsibility for
				  supervision or monitoring for the court having made the placement.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.16 - Returning child to sending agency; denial of placement

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) If the
				child is already residing in the receiving state with the proposed caregiver at
				the time the ICPC denies the placement, the receiving state compact
				administrator may request the sending agency to arrange for the return of the
				child as soon as possible or propose an alternative placement in the receiving
				state.
(2) Alternative placement
				resource shall be approved by the receiving state before placement is
				made.
(3) Return of the child shall
				occur within 5 business days from the date of the notice for removal unless
				otherwise agreed upon between the sending agency and receiving state ICPC
				offices.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.17 - Request to return child to sending agency; previously approved or alternative placement

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1)
				Following approval and placement of the child, if the receiving state compact
				administrator determines that the placement no longer meets the individual
				needs of the child, including the child's safety, permanency, health,
				well-being, and mental, emotional, and physical development, the receiving
				state compact administrator may request the sending agency arrange for the
				return of the child as soon as possible or propose an alternative placement in
				the receiving state.
(2)
				Alternative placement resource shall be approved by the receiving state before
				placement is made.
(3) Return of
				the child shall occur within five (5) business days from the date of notice for
				removal unless otherwise agreed upon between the sending agency and receiving
				state ICPC offices.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Interstate Compact on the Placement of Children › Section R. 400.18 - Withdrawing request for request for removal

Current through Vol. 24-12, July 15, 2024
Rule 10. The receiving state request for removal may be
				  withdrawn if the sending agency arranges services to resolve the reason for the
				  requested removal and the receiving and sending state compact administrators
				  mutually agree to the plan.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2001 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Caseworker" means the primary case
				  manager that meets the educational and experiential requirements as set forth
				  by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as
				  modified by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order
				  of May 19, 2009, effective September 1, 2009, 483 Mich civ (2009), or by
				  department policy.
(b) "County
				  department" means the county office of the department of health and human
				  services created in each county by section 45 of the social welfare act, 1939
				  PA 280, MCL 400.45, or the tribal entity found within that county.
(c) "County department of health and human
				  services subaccount" means the account authorized by the county board of
				  commissioners or tribal entity responsible for the expenditure of child care
				  funds by the county department.
(d)
				  "Court" means the local or tribal court with jurisdiction over juvenile
				  matters.
(e) "Department" means the
				  department of health and human services.
(f) "Direct service" means service provided
				  to a specific client rather than to a general target group.
(g) "Donated funds" means a gift of money
				  made available to the county child care fund for services for out-of-home
				  placement or in-home care in child welfare or delinquency matters.
(h) "Donor" means the entity, person, or
				  persons providing the donated funds.
(i) "In-home care option" means the
				  expenditure of child care fund dollars for services that are determined by the
				  department to be alternatives to out-of-home care or to provide an early return
				  home for children placed out of the home.
(j) "Intensive service" means that the
				  caseworker-to-case load ratio is not more than 1 to 20 and that there is not
				  less than an average of 1 face-to-face contact per week during the period a
				  case is open for service.
(k)
				  "Judicial costs" means costs related to or connected with the administration of
				  justice which include, but are not limited to, the following:
(i) Filing fees.
(ii) Charges for service of summons and
				  complaint.
(iii) Attorney
				  fees.
(iv) Competency
				  evaluations.
(v) Court reporter
				  charges.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2002 - Exemption from rule

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Upon
				  written request of the court or county department, the department shall grant
				  an exemption from an administrative rule only 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 qualification under which the exemption is granted, shall be entered upon
				  the records of the department and a signed copy shall be sent to the court or
				  county department. This exemption may remain in effect for as long as the court
				  or county department continues to comply with the intent of the rule or may be
				  time limited.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2003 - Court staff providing direct services; minimum qualification

Current through Vol. 24-12, July 15, 2024
Rule 3. The court shall document that staff providing
					 direct services to children, or supervising staff who provide direct services
					 to children, for which service costs are reimbursed from the state child care
					 fund meet the minimum qualifications established in the juvenile court
					 standards and administrative guidelines for the care of children established by
					 Supreme Court Administrative Order No. 1985-5, 422 Mich cxi (1985), as modified
					 by Administrative Order No. 1988-3, 430 Mich xcix (1988) and by order of May
					 19, 2009, effective September 1, 2009, 483 Mich civ (2009), or by department
					 policy.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2004 - County department staff providing direct services; standards

Current through Vol. 24-12, July 15, 2024
Rule 4. The county department shall document that staff
					 providing direct services to children, or supervising staff who provide direct
					 services to children, for which service costs are reimbursed from the state
					 child care fund meet the standards set forth in
					 R
					 400.4116,
					 R
					 400.4117,
					 R 400.4118,
					 R
					 400.4119,
					 R 400.4120,
					 R
					 400.4121,
					 R
					 400.12205,
					 R
					 400.12206, and
					 R
					 400.12207.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2006 - Purchase of contractual services; requirements

Current through Vol. 24-12, July 15, 2024
Rule 6. Contractual services purchased through basic grant
					 or in-home care money must conform to the requirements published in the Child
					 Care Fund Handbook.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2007 - Case records

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				  court and county department shall document eligibility for each child claimed
				  for state child care fund reimbursement by the program and accounting
				  records.
(2) Documentation of
				  eligibility must be retained as directed by the Child Care Fund
				  Handbook.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2008 - County child care fund expenditure reimbursement; eligibility

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) To be
				  eligible for state child care reimbursement, a county or tribal entity shall
				  annually submit a plan and budget, on forms provided by the department that
				  conform to the requirements established in published policies and business
				  processes. Each annual plan and budget shall be certified by the presiding
				  judge of the court, director of the county department, and chairperson of the
				  county board of commissioners or county or tribal executive.
(2) To be eligible for state child care fund
				  reimbursement, expenditures made from the court subaccount for out-of-home care
				  must be pursuant to sections 2, 5, 8, and 25 of chapter XIIA of the probate
				  code of 1939, 1939 PA 288, MCL 712A.2, 712A.5, 712A.18, and 712A.25.
(3) All of the following provisions apply to
				  expenditures made from the county department subaccount for out-of-home care
				  for these expenditures to be eligible for state child care fund reimbursement:
(a) The care is ordered by the court and the
				  child is supervised by the county department.
(b) The care is voluntary, and all the
				  following provisions apply:
(i) The child is
				  under 18 years of age.
(ii) A
				  written, signed agreement has been received from the child's parent, legal
				  guardian, or other custodian.
(iii)
				  The agreement specifies the amount of financial support required from the
				  parent.
(iv) Financial need is not
				  the sole reason for the request for out-of-home care.
(c) A county department supervising children
				  funded through the child care fund shall document that it is approved as a
				  child placing agency under 1973 PA 116, MCL 722.111 to 722.128.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2009 - In-home care

Current through Vol. 24-12, July 15, 2024
Rule 9. The in-home care option of the child care fund may
					 be used for children under the jurisdiction of the court to provide for early
					 intervention to treat problems of delinquency and neglect. In-home services are
					 reimbursable in the following situations:
(a) In-home care is provided as an
				  alternative to removal from home and placement in detention or other
				  out-of-home care and all the following provisions have been met:
(i) A complaint has been received and
				  accepted by the court or the youth has been ordered to participate in the
				  in-home care program at the dispositional hearing.
(ii) The expenditure of child care fund money
				  for in-home care is not for judicial costs.
(iii) The services are intensive.
(iv) The parent or parents and the youth or
				  designee, or both, have agreed in writing to receive in-home services or a
				  preliminary hearing has been held.
(v) The court shall document that court staff
				  responsible for case plan development and monitoring meet the qualifications
				  established in the juvenile court standards and administrative guidelines for
				  the care of children established by Supreme Court Administrative Order No.
				  1985-5, 422 Mich cxi (1985), as modified by Administrative Order No. 1988-3,
				  430 Mich xcix (1988) and by order of May 19, 2009, effective September 1, 2009,
				  483 Mich civ (2009).
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2010 - Basic grant programs; reimbursement eligibility

Current through Vol. 24-12, July 15, 2024
Rule 10. To be eligible for state reimbursement, basic
					 grant programs must be provided to youth who are within or are likely to come
					 within the jurisdiction of the court as defined by sections 2a and 2b of
					 chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2a and 712A.2b.
					 In addition, basic grant programs must comply with all the following provisions
					 to be eligible for reimbursement:
(a)
				  The programs are described in the annual county plan and budget and conform to
				  the departments published policies and business processes as provided in the
				  Child Care Fund Handbook.
(b) The
				  court shall document that court staff or designee responsible for individual
				  case plan development and monitoring, or both, meet the qualifications
				  established by Supreme Court Administrative Order No. 1985-5, 422 Mich cxi
				  (1985), as modified by Administrative Order No. 1988-3, 430 Mich xcix (1988)
				  and by order of May 19, 2009, effective September 1, 2009, 483 Mich civ
				  (2009).
(c) The county department
				  shall document that county department staff responsible for individual case
				  management and monitoring meet the requirements for staff supervising children
				  in foster care as specified in
				  R
				  400.12205,
				  R
				  400.12206, and
				  R
				  400.12207.
(d) The county department or court shall
				  document that contractual providers who develop or monitor case plans meet the
				  requirements for staff supervising children in foster care as established in
				  rule I of the juvenile court standards and administrative guidelines for the
				  care of children established by Supreme Court Administrative Order No. 1985-5,
				  422 Mich cxi (1985), as modified by Administrative Order No. 1988-3, 430 Mich
				  xcix (1988) and by order of May 19, 2009, effective September 1, 2009, 483 Mich
				  civ (2009).
(e) The county
				  department and court shall maintain individual case record documentation as
				  specified by the department in published policies and business processes as
				  provided in the Child Care Fund Handbook and shall make the individual case
				  record documentation available to the department for review and
				  monitoring.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 1 - GENERAL PROVISIONS › Section R. 400.2011 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 11. R 400.21, R 400.22, and R 400.23 of the Michigan
					 Administrative Code, appearing on pages 2984, 2985, and 2986 of the 1979
					 Michigan Administrative Code, are rescinded.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 2 - ELIGIBLE EXPENDITURE CLASSIFICATIONS › Section R. 400.2021 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 21. As used in this part:
(a) "Case Services payments," formerly known
				  as nonscheduled payments, means payments to individuals or organizations for
				  items specified and defined in the departments published policies and business
				  processes that are not included in the state-established per diem
				  rate.
(b) "County-operated
				  facility" means a facility licensed or approved as a child caring institution
				  or a court-operated facility, or both, to provide group care, shelter care, or
				  detention administered and staffed by county employees.
(c) "Intensive rate" means payment in excess
				  of the state-established rate for specialized abuse/neglect foster care that
				  must receive special approval as specified in the departments published
				  policies and business processes.
(d) "State rates" means rates established and
				  published by the department for all the following:
(i) Payment for foster family care and
				  independent living costs.
(ii)
				  Payment for a private child care institution.
(iii) Payment for a private child placing
				  agency.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 2 - ELIGIBLE EXPENDITURE CLASSIFICATIONS › Section R. 400.2022 - County child care fund expenditures; eligibility for reimbursement

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1)
				  Unless otherwise indicated, for county child care fund expenditures within the
				  limits of the annual child care fund ceiling to be eligible for state child
				  care fund 50% reimbursement, all payments must provide a direct service and be
				  case-specific, identifiable to an individual child, and must not be for a
				  judicial cost or an administrative cost. However, certain administrative costs
				  as defined by the department in published policies and business processes are
				  reimbursable.
(2) State child care
				  fund reimbursement may be allowed unless otherwise accessible and available by
				  other public assistance programs necessary to achieve the goals and outcomes
				  for in-home care or out-of-home care. Reimbursement must not be made for costs
				  associated with an otherwise eligible child or family, or both, if the reason
				  for the unavailability of public assistance is due to intentional program
				  violations and disqualification of any public assistance.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 2 - ELIGIBLE EXPENDITURE CLASSIFICATIONS › Section R. 400.2023 - Reimbursable family foster care expenditures and costs

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) The
				  following child-specific direct supervision or purchased placing agency family
				  foster care expenditures are reimbursable within state-established rates or
				  approved intensive rates:
(a) Care provided in
				  the following locations:
(i) Foster family
				  homes.
(ii) Foster family group
				  homes.
(iii) Legal guardian
				  homes.
(iv) Homes of related
				  persons.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 2 - ELIGIBLE EXPENDITURE CLASSIFICATIONS › Section R. 400.2024 - Reimbursable costs of institutional care

Current through Vol. 24-12, July 15, 2024
Rule 24. All the following are reimbursable costs of
					 institutional care:
(a) The operating
				  costs of a county-operated facility approved to provide detention, group care,
				  or shelter care, as defined by the office in published policies and business
				  processes, which is limited to the governing policy provided by the office in
				  published policies and business processes. These costs are restricted to the
				  following expenditures for services and goods necessary to provide direct
				  services to the youth placed in the facility:
(i) The cost for direct care, administrative,
				  and support staff who devote 100% of their time to the youth placed in the
				  facility.
(ii) The cost of
				  supportive services on a prorated basis if supported by
				  documentation.
(iii) Prorated space
				  costs if the entire facility is not utilized as a child care
				  institution.
(iv) A once-a-year
				  allowance for a gift at holiday time for each ward in institutional
				  care.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 2 - ELIGIBLE EXPENDITURE CLASSIFICATIONS › Section R. 400.2025 - Out-of-country placements; cost not reimbursable

Current through Vol. 24-12, July 15, 2024
Rule 25. The cost of out-of-country placements is not
					 reimbursable.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 2 - ELIGIBLE EXPENDITURE CLASSIFICATIONS › Section R. 400.2026 - Reimbursement for in-home care service costs

Current through Vol. 24-12, July 15, 2024
Rule 26. The cost of in-home care service as approved in
					 the county annual plan and budget is reimbursable.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 2 - ELIGIBLE EXPENDITURE CLASSIFICATIONS › Section R. 400.2028 - State expenses

Current through Vol. 24-12, July 15, 2024
Rule 28. The following county child care fund expenditures
					 are 100% reimbursable from the state child care fund:
(a) Reimbursement to a private child caring
				  agency for the cost of foster care, exclusive of administrative costs, for a
				  child released to the agency under section 29 of chapter X of the probate code
				  of 1939, 1939 PA 288, MCL 710.29.
(b) Basic grant costs as approved in the
				  county annual plan and budget as set forth in
				  R 400.2010.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 4 - REPORTING › Section R. 400.2041 - Definition

Current through Vol. 24-12, July 15, 2024
Rule 41. As used in this part, "offset" means the process
					 the department uses to determine the dollar amount to bill a county for state
					 ward charge-back or the remittance of state aid for the reimbursement of
					 department child care fund expenditures.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 4 - REPORTING › Section R. 400.2042 - Reporting county child care fund expenditures

Current through Vol. 24-12, July 15, 2024
Rule 42. County child care fund expenditures submitted to
					 the department for reimbursement shall be reported monthly to the department on
					 the forms provided by the department.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 4 - REPORTING › Section R. 400.2043 - Reporting county basic grant expenditures

Current through Vol. 24-12, July 15, 2024
Rule 43. County basic grant expenditures submitted to the
					 department for reimbursement shall be reported monthly on forms provided by the
					 department.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 4 - REPORTING › Section R. 400.2044 - Department approval of county annual plan and budget

Current through Vol. 24-12, July 15, 2024
Rule 44. The department shall approve, within 30 calendar
					 days after receipt, a properly completed annual plan and budget that complies
					 with the requirements of section 117c of the social welfare act, 1939 PA 280,
					 MCL 400.117c.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 4 - REPORTING › Section R. 400.2046 - Offset of uncontested county child care fund reimbursement and state ward charge-back liabilities

Current through Vol. 24-12, July 15, 2024
Rule 46. The department shall offset county child care fund
					 reimbursements and uncontested state ward charge-back liabilities
					 monthly.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 4 - REPORTING › Section R. 400.2047 - Department reports to counties

Current through Vol. 24-12, July 15, 2024
Rule 47. The department shall provide counties with monthly
					 child care fund expenditure/reimbursement reports and monthly child care
					 fund-state ward charge-back/offset reports.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 4 - REPORTING › Section R. 400.2048 - Department responsibilities to counties

Current through Vol. 24-12, July 15, 2024
Rule 48.
(1) The
				  office department shall be responsible for providing all necessary information
				  to counties to meet the requirements of these rules and child care fund
				  policy.
(2) The department shall
				  provide county-level assistance for county plan and budget development, program
				  eligibility monitoring, and compliance.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Child Care Fund › Part 4 - REPORTING › Section R. 400.2049 - Monitoring county population projections

Current through Vol. 24-12, July 15, 2024
Rule 49. The department shall monitor county population
					 projections produced by the department of technology, management and budget.
					 The department shall provide to those counties that are projected to exceed or
					 decline below the 75,000 population mark a 15-month period within which to
					 develop a basic grant program or to change to the county juvenile officer grant
					 payment system as provided in section 3 of 1919 (Ex Sess) PA 22, MCL
					 400.253.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Licensing Rules for Child Caring Institutions › Part 1 - GENERAL PROVISIONS › Section R. 400.4102 - Inspection and approval of institution

Current through Vol. 24-12, July 15, 2024
Rule 102. Residents may occupy an institution, including
					 new construction, additions, and conversions, only after inspection and
					 approval by the licensing authority.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Licensing Rules for Child Caring Institutions › Part 1 - GENERAL PROVISIONS › Section R. 400.4103 - Space and equipment requirements

Current through Vol. 24-12, July 15, 2024
Rule 103. An institution shall provide all of the following
					 to assure delivery of licensed services:
Sufficient resident living space, as set forth in
					 R
					 400.4510.
Office space.
Equipment to assure delivery of licensed
					 services.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Licensing Rules for Child Caring Institutions › Part 1 - GENERAL PROVISIONS › Section R. 400.4104 - Rules compliance

Current through Vol. 24-12, July 15, 2024
Rule 104.
(1)
				  Before being licensed as an institution, an original applicant shall comply
				  with 1973 PA 116, MCL 722.111 et seq. and the rules for the type of institution
				  the applicant proposes to operate and for which compliance can be achieved
				  prior to beginning operation and shall demonstrate intent to comply with those
				  rules for which compliance can only be demonstrated after the institution has
				  become fully operational.
(2) After
				  being licensed, an institution shall, on an ongoing basis, comply with the act,
				  child caring institution rules, and terms of the license.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Licensing Rules for Child Caring Institutions › Part 1 - GENERAL PROVISIONS › Section R. 400.4105 - Rule variance

Current through Vol. 24-12, July 15, 2024
Rule 105.
(1) Upon
				  written request of an applicant or licensee, the department may grant a
				  variance 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 a variance is sought.
(2) The department shall enter its decision,
				  including the qualification under which the variance is granted, in the records
				  of the department and send a signed copy to the applicant or licensee. This
				  variance may remain in effect for as long as the licensee continues to comply
				  with the intent of the rule or may be time limited.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Licensing Rules for Child Caring Institutions › Part 1 - GENERAL PROVISIONS › Section R. 400.4106 - Original licensure; application

Current through Vol. 24-12, July 15, 2024
Rule 106. An applicant applying for an original license
					 shall provide documentation of all of the following:
(a) Need for the type of program the
				  institution proposes to provide.
(b) Sufficient financial resources to meet
				  applicable licensing rules following the issuance of the initial
				  license.
(c) A plan of financial
				  accounting developed in accordance with generally accepted accounting
				  practices.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Licensing Rules for Child Caring Institutions › Part 1 - GENERAL PROVISIONS › Section R. 400.4107 - Deemed status

Current through Vol. 24-12, July 15, 2024
Rule 107.
(1) The
				  department may accept, for the purpose of determining compliance with part 1 of
				  these rules, evidence that the child caring institution is accredited by the
				  council on accreditation or other nationally recognized accrediting body whose
				  standards closely match state licensing regulations.
(2) The institution may request deemed status
				  when the accreditation site inspection is less than 12 months old. Both of the
				  following apply:
(a) When accreditation is
				  requested, an institution shall submit a copy of the most recent accreditation
				  report to the department.
(b) An
				  institution shall only be eligible for deemed status if the license is on a
				  regular status.
Michigan Administrative Code › Department - Health and Human Services › Childrens Services Agency › Licensing Rules for Child Caring Institutions › Part 1 - GENERAL PROVISIONS › Section R. 400.4108 - Financing and audit

Current through Vol. 24-12, July 15, 2024
Rule 108. A licensee shall do all of the following:
(a) Obtain an annual audit of all financial
				  accounts. Audits for nongovernmental institutions shall be conducted by an
				  independent certified public accountant who is not administratively related to
				  the agency.
(b) Annually develop
				  and implement a plan to correct any deficiencies identified.
(c) Demonstrate sufficient financing to
				  assure that proper care of residents is provided and that licensing rules are
				  followed.
(d) Develop a budget that
				  includes projected income and expenditures.