DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                  DIVISION OF ADULT FOSTER CARE LICENSING

                       ADULT FOSTER CARE FACILITIES


(By authority conferred on the department of social services by section  9 of 
Act No. 380 of the Public Acts of 1965, as amended, and sections 10 and 13 of 
Act No. 218 of the Public Acts of 1979, as amended, being  SS16.109, 400.710, 
and 400.713 of the Michigan Compiled Laws)


R 400.2101  Scope.
  Rule 101.  This part applies to all adult foster care  small  group  homes, 
adult foster care  large  group  homes,  and  adult  foster  care  congregate 
facilities.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2101 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2102   Rescinded.

   History:  1979 AC; 1984 AACS.


R 400.2103  Definitions; A to F.
   Rule 103.  As used in these rules:
   (a) "Act" means Act No. 218 of the Public Acts of 1979, as amended,  being 
S400.701 et seq. of the Michigan Compiled Laws.
   (b) "Department" means the department of social services.
   (c) "Foster care  agreement"  means  a  written  document  executed  by  a 
facility and a responsible agency  or  person  which  spells  out  the  basic 
responsibilities of each party.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2103 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2104   Definitions; H, I.
   Rule 104.  As used in these rules:
   (a) "Habitative and active programs" means that group  of  alternate  care 
services beyong care and maintenance which a facility designates and provides 
directly or through contract to preserve or improve a resident's physical and 
intellectual functioning and independence.  Such services include all of  the 
following:
   (i) A general program, which is a program administered  by  staff  without 
special prerequisite  requirements  or  skills  and  which  provides  health, 
educational, vocational, or other services needed by a resident.
   (ii) A developmentally disable  program,  which  is  a  program  primarily 
designed for the mentally handicapped with activities aimed at maintaining or 
improving levels of functioning for  a  resident  with  mental  handicaps  to 
achieve maximum independence and accepted participation in community life.
   (iii) A social-emotional program, which is a  program  primarily  designed 
for an individual with diagnosed problems in social or emotional functioning. 
 Program  activities  shall  aim  at  maintaining  or  improving  levels   of 
functioning for a resident  to  achieve  maximum  independence  and  accepted 
participation in community life.
   (b) "Health appraisal" means an evaluation which is conducted as necessary 
by  physicials,  dentists,  nurses,  or  other  health  professionals   where 
appropriate and which has optimal individual health as its objective.
   (c) "Isolation" means the complete and unattended separation of a resident 
from staff and other residents for purposes of discipline or training.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2104 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2105   Definitions; L, P.
   Rule 105.  As used in these rules:
   (a) "Living unit" means a section or distinct part  of  a  facility  which 
incorporates the arrangement of a family home and which at least  contains  a 
living room, bedrooms, and bathrooms  for  a  group  of  residents.   Central 
activity, food services, and dining areas are permitted.
   (b) "Program elements" means those goal-directed service components  which 
may be found in each program.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2105 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2106   Definitions; R, W.
   Rule 106.  As used in thse rules:
   (a) "Responsible agency" means a  public  or  private  organization  which 
arranges for the care of a resident in  a  facility,  primarily  through  the 
purchase of services, and which maintains an ongoing  responsibility  to  the 
resident in the facility.
   (b) "Responsible  person"  means  the  licensee  or  administrator  or  an 
individual designated by the licensee or administrator in his or her  absence 
who is not less than 18 years of age, is of  good  moral  character,  and  is 
physically and emotionally capable of meeting the needs of  residents  during 
the period he or she is in charge.  A responsible person shall be other  than 
a resident.
   (c) "Restraint" means the use of paraphernalia, contraptions, material, or 
equipment for the purpose of immobilizing a resident.
   (d) "Written admissions policy" means a facility's public statement of all 
of the following:
   (i) Objectives, eligibility, and application requirements for admission.
   (ii) Items included in the facility's rate.
   (iii) Other items and services available at a designated extra charge.
   (iv) Services available.
   (v) The facility's resident fund, visitation, and grievance  policies  and 
procedures.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2106 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2111  Licensing applications and renewals.
   Rule 211.  (1) An applicant shall furnish the department with all  of  the 
following:
   (a) A statement of the facility's purpose, objectives, and goals.
   (b) Program designation and description of services to  be  provided  with 
such endorsements or certifications as are  required  by  the  department  to 
assure the performance of programs.
   (c) A description of staff or contract means by which care and  facilities 
are provided.
   (d) A floor plan showing the interior layout of foster care areas and room 
descriptions, including use, number of beds, and dimensions of floor space.
   (e) A financial statement and annual budget.
   (f) An addendum composed or any existing foster care agreement between the 
facility and a responsible agency.
   (2) A licensee fee shall accompany an original license application  and  a 
license renewal application.  This fee is non-refundable and shall  be  based 
upon the following schedule:
   (a) Adult foster care small group home   $25.00
   (b) Adult foster care large group home   $50.00
   (c) Adult foster care congregate facility   $75.00
   (d) Adult foster care camp     $25.00

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2111 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2112   Inspections and investigations.
   Rule 112.  (1) Before issuing a license, the department shall  conduct  an 
investigation of the facility and attempt to determine if the  applicant,  or 
owners, partners, or directors of the applicant if other than an  individual, 
is of good moral character and  is  physically  and  emotionally  capable  of 
constructively assisting with programs for residents.  The  department  shall 
also attempt  to  determine  the  applicant's  financial  and  administrative 
capability to operate a facility providing the  level  or  care  and  program 
stipulated in the application.
   (2) A medical examination may be required at any  time  to  establish  the 
physical or mental health of persons involved in providing  residential  care 
and services.
   (3) Failure of an applicant or licensee to cooperate with  the  department 
in connection with an inspection or investigation  is  grounds  for  denying, 
suspending, revoking, or refusing to renew a license.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2112 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2113   License limitation of numbers of residents and beds; posting  of 
license; change of information provided in license application.
   Rule 113.  (1) The number of residents cared for in  a  facility  and  the 
number of resident beds shall not  exceed  the  capacity  authorized  by  the 
license.
   (2) The current license, whether regular, provisional, or temporary, shall 
be posted in a conspicuous public area of the facility and shall be available 
for public inspection.
   (3) An applicant or an authorized representative shall give written notice 
to the department of any changes in information previously  submitted  in  an 
application for license within 5 business days after the change occurs.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2113 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2114   Rescinded.

   History:  1979 AC; 1984 AACS.


R 400.2115   Waiver of licensing rules.
   Rule 115.  (1) The director may waive any rule for a stated period of time 
to permit experimentation and demonstration of new and innovative  approaches 
to the delivery of services on condition that  an  evaluation  is  planned.   
Results shall be submitted to the department as prescribed by the waiver.
   (2) In the interest of efficient administration of the act,  after  notif- 
ication to the council and after consideration of the council's  advice,  the 
director may waive any rule.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2115 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2116   Reports.
   Rule 116.  Within 10 days of receipt,  a  licensee  shall  report  to  the 
department all receipts of property or interests  in  property  by  transfers 
from a resident or an applicant for admission  conveyed  to  the  licesee  or 
others associated with the  facility.   A  licensee  shall  make  such  other 
reports to the department as the department may request.

   History:  1979 AC; 1984 AACS.

   Editor's Note:  R 400.2116 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2117   Rescinded.

   History:  1979 AC; 1984 AACS.


R 400.2118   Rescinded.

   History:  1979 AC; 1984 AACS.


R 400.2119   Grievance procedures.
   Rule 119.  (1) A resident or licensee shall have access to the  department 
hearings process for complaints regarding department  administrative  actions 
based upon these rules.
   (2) A licensee shall require that grievance procedures for a licensee or a 
resident be included in  any  foster  care  agreement  entered  into  with  a 
responsible agency.  Dispositions under such procedure shall be available  to 
the department for inspection purposes.

   History:  1954 ACS 82, Eff. Feb. 1, 1975.

   Editor's Note:  R 400.2116 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.


R 400.2120   Rescinded.

   History:  1979 AC; 1984 AACS.


R 400.2121   Rescinded.

   History:  1979 AC; 1984 AACS.


R 400.2122   Staff training programs.
   Rule 122.  A  licensee  shall  have  its  staff  participate  in  training 
programs which are available and designated by the department.  The  training 
sessions shall be  provided  on  a  basis  which  will  allow  licensees  and 
administrators to maintain adequate facility staffing.

   History:  1954 ACS 82, Eff. Feb. 1, 1975.

   Editor's Note:  R 400.2116 was rescinded with respect to adult foster care 
small and large group homes by 1994 MR 3, Eff. Apr. 8, 1994.