June 28, 2011, Introduced by Reps. Tlaib and Liss and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
(MCL 400.701 to 400.737) by adding section 27a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 27a. (1) An adult foster care facility shall permit a
resident or the resident's legal representative to monitor the
resident through the use of an electronic monitoring device if all
of the following requirements are met:
(a) The monitoring is completely voluntary and is conducted at
the election of the resident or the resident's legal
representative.
(b) All costs of the monitoring, including, but not limited
to, the cost of the electronic monitoring device and its
installation, are paid by the resident or the resident's legal
representative.
(c) The monitoring is conducted in a manner that protects the
privacy of other residents and visitors to the adult foster care
facility to the extent reasonably possible. If a resident or the
resident's legal representative wishes to install an electronic
monitoring device in the resident's room, and if the resident
shares the room with another resident, the written consent of the
other resident or his or her legal representative shall be obtained
before the electronic monitoring device is installed.
(d) There is a notice posted on the door of the resident's
room stating that the room is being monitored by an electronic
monitoring device.
(2) An adult foster care facility shall make reasonable
accommodation for electronic monitoring by providing all of the
following:
(a) A reasonably secure place to mount the electronic
monitoring device.
(b) Access to a power source for the electronic monitoring
device.
(c) Notice to all residents of the right to install an
electronic monitoring device.
(3) An adult foster care facility shall not refuse to admit an
individual as a resident of or remove a resident from the adult
foster care facility because of a request to install an electronic
monitoring device.
(4) An adult foster care facility may require a resident or
the resident's legal representative who wishes to install an
electronic monitoring device to make the request in writing.
(5) Subject to the Michigan rules of evidence, a tape or other
recording created by an electronic monitoring device under this
section is admissible in either a civil or a criminal action
brought in a court in this state.
(6) An owner, operator, or employee of an adult foster care
facility who violates this section is guilty of a misdemeanor
punishable by imprisonment for not more than 1 year or a fine of
not more than $2,000.00, or both.
(7) An individual who willfully and without the consent of the
resident or the resident's legal representative hampers, obstructs,
tampers with, or destroys the resident's or legal representative's
electronic monitoring device or its film, tape, or other recording
medium is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not more than $2,000.00, or
both.
(8) As used in this section, "electronic monitoring device"
means a video surveillance camera, an audio device, a video
telephone, an internet video surveillance device, or a similar
device designed to capture the audio recordings or visual images of
its surroundings.