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Act 218 of 1979
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ADULT FOSTER CARE FACILITY LICENSING ACT

Act 218 of 1979

An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts.


History: 1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1992, Act 176, Imd. Eff. July 23, 1992


© 2009 Legislative Council, State of Michigan

The People of the State of Michigan enact:

DocumentTypeDescription
Section 400.701SectionShort title.
Section 400.702SectionMeanings of words and phrases.
Section 400.703SectionDefinitions; A.
Section 400.704SectionDefinitions; C to F.
Section 400.705SectionDefinitions; G to N.
Section 400.706SectionDefinitions; P to Q.
Section 400.707SectionDefinitions; R to T.
Section 400.708SectionAdult foster care licensing advisory council; creation; appointment, qualifications, and terms of members; vacancy; compensation; schedule for reimbursement; content and enforcement of rules; conducting business at public meeting; availability of writings to public.
Section 400.709SectionAdministration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public.
Section 400.710SectionRules; variance, modification, or change; purposes; restriction; review.
Section 400.711SectionInspections; visitations; administration and enforcement of rules; reports; final determination as to license; public inspection of reports.
Section 400.712SectionKeeping and maintaining records and reports; examination and copying of books, records, and reports; confidentiality; inspection of records by resident.
Section 400.713SectionLicense required; application; forms; investigation; on-site evaluation; issuance or renewal of license; disclosures; maximum number of persons; stating type of specialized program; issuance of license to specific person at specific location; transferability of license; sale of facility; notice; items of noncompliance; refusal by department to issue or renew license; conditions; unlicensed facility; violation as misdemeanor; penalty; receipt of completed application; issuance of license within certain time period; inspections; report; criminal history and records check; storage of fingerprints in automated fingerprint identification system database; convictions; “completed application” defined.
Section 400.713aSectionFees.
Section 400.714SectionTemporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction.
Section 400.715SectionTemporary license; adult foster care congregate facility.
Section 400.716SectionTemporary license; prohibitions.
Section 400.717SectionProvisional license.
Section 400.718SectionSpecial license; rules.
Section 400.719SectionRegular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities.
Section 400.720SectionCertificate of approval from bureau of fire services and department of human services; compliance; denial or certification with limitations; hearing.
Section 400.721SectionFacility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment.
Section 400.722SectionDenying, suspending, revoking, refusing to renew, or modifying license; grounds; notice; hearing; decision; protest; receiving or maintaining adults requiring foster care as felony; penalty; relocation services; emergency license.
Section 400.723SectionComplaint; specifications; resolution of issues; notice; failure to resolve issues; hearing; decision; finality; issuance of license.
Section 400.724SectionRequest for investigation; providing substance of complaint; disclosures; determining violation; initiation of investigation; findings; written determination or status report; final report; additional copies of documents; reimbursement; informing licensee of findings; public inspection of written determination; hearing; appeal.
Section 400.725SectionAppeal to circuit court.
Section 400.726SectionName or designation of facility.
Section 400.726aSectionResident enrolled in licensed hospice program; exception to continuous nursing care requirement for purposes of MCL 400.703(4); do-not-resuscitate order included in assessment plan; protection to resident.
Section 400.726bSectionAdult foster care; description of services to patients or residents with alzheimer's disease; contents; “represents to the public” defined.
Section 400.727SectionPosting license, inspection report, and other documents; retention of materials for public inspection.
Section 400.728SectionRepealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.729SectionProviding foster care to person related to licensee or licensee's spouse.
Section 400.730SectionInjunction.
Section 400.731SectionViolation as misdemeanor; prohibited conduct.
Section 400.731aSectionPerson sentenced to perform community service.
Section 400.732SectionNotices required.
Section 400.733SectionLocal ordinances, regulations, or construction codes.
Section 400.734SectionRepealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.734aSectionRepealed. 2006, Act 29, Eff. Apr. 1, 2006.
Section 400.734bSectionEmploying or contracting with certain individuals providing direct services to residents; prohibitions; criminal history check; exemptions; written consent and identification; conditional employment; use of criminal history record information; disclosure; determination of existence of national criminal history; failure to conduct criminal history check; automated fingerprint identification system database; electronic web-based system; costs; definitions.
Section 400.734cSectionDisqualification from or denial of employment based on criminal history check; appeal; decision; report to legislature; "business day" defined.
Section 400.735SectionRepeal of MCL 331.681 to 331.694.
Section 400.736SectionConcurrent license as foster family home or foster family group home; receiving additional minor children; definitions.
Section 400.737SectionConcurrently licensing adult foster care small group home as child caring institution; receiving additional children under 18 years of age; limitation on combined licensed capacity; definition.