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:
| Section 400.701 | Section | Short title. |
| Section 400.702 | Section | Meanings of words and phrases. |
| Section 400.703 | Section | Definitions; A. |
| Section 400.704 | Section | Definitions; C to F. |
| Section 400.705 | Section | Definitions; G to N. |
| Section 400.706 | Section | Definitions; P to Q. |
| Section 400.707 | Section | Definitions; R to T. |
| Section 400.708 | Section | Adult 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 400.709 | Section | Administration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public. |
| Section 400.710 | Section | Rules; variance, modification, or change; purposes; restriction; review. |
| Section 400.711 | Section | Inspections; visitations; administration and enforcement of rules; reports; final determination as to license; public inspection of reports. |
| Section 400.712 | Section | Keeping and maintaining records and reports; examination and copying of books, records, and reports; confidentiality; inspection of records by resident. |
| Section 400.713 | Section | License 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 400.713a | Section | Fees. |
| Section 400.714 | Section | Temporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction. |
| Section 400.715 | Section | Temporary license; adult foster care congregate facility. |
| Section 400.716 | Section | Temporary license; prohibitions. |
| Section 400.717 | Section | Provisional license. |
| Section 400.718 | Section | Special license; rules. |
| Section 400.719 | Section | Regular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities. |
| Section 400.720 | Section | Certificate of approval from bureau of fire services and department of human services; compliance; denial or certification with limitations; hearing. |
| Section 400.721 | Section | Facility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment. |
| Section 400.722 | Section | Denying, 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 400.723 | Section | Complaint; specifications; resolution of issues; notice; failure to resolve issues; hearing; decision; finality; issuance of license. |
| Section 400.724 | Section | Request 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 400.725 | Section | Appeal to circuit court. |
| Section 400.726 | Section | Name or designation of facility. |
| Section 400.726a | Section | Resident 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 400.726b | Section | Adult foster care; description of services to patients or residents with alzheimer's disease; contents; “represents to the public” defined. |
| Section 400.727 | Section | Posting license, inspection report, and other documents; retention of materials for public inspection. |
| Section 400.728 | Section | Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984. |
| Section 400.729 | Section | Providing foster care to person related to licensee or licensee's spouse. |
| Section 400.730 | Section | Injunction. |
| Section 400.731 | Section | Violation as misdemeanor; prohibited conduct. |
| Section 400.731a | Section | Person sentenced to perform community service. |
| Section 400.732 | Section | Notices required. |
| Section 400.733 | Section | Local ordinances, regulations, or construction codes. |
| Section 400.734 | Section | Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984. |
| Section 400.734a | Section | Repealed. 2006, Act 29, Eff. Apr. 1, 2006. |
| Section 400.734b | Section | Employing or contracting with certain employees providing direct services to residents; prohibitions; criminal history check; exemptions; written consent and identification; conditional employment; determination of existence of national criminal history; use of criminal history record information; disclosure; failure to conduct criminal history check; automated fingerprint identification system database; electronic web-based system; costs; definitions. |
| Section 400.734c | Section | Disqualification from or denial of employment based on criminal history check; appeal; decision; report to legislature; "business day" defined. |
| Section 400.735 | Section | Repeal of MCL 331.681 to 331.694. |
| Section 400.736 | Section | Concurrent license as foster family home or foster family group home; receiving additional minor children; definitions. |
| Section 400.737 | Section | Concurrently 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. |
