MICHIGAN DEPARTMENT OF HUMAN SERVICES

                  OFFICE OF CHILDREN AND ADULT LICENSING

                         CHILD PLACING AGENCIES

(By authority conferred on the director of the Michigan Department  of  Human 
Services by sections  2,  5,  10,  and  14  of  1973  PA  116  and  Executive 
Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, and 2004-4,  MCL  722.112, 
722.115, 722.120, 722.124, 330.3101, 445.2001, 445.2011, and 400.226)


                      PART 1.  GENERAL PROVISIONS

R 400.12101 Definitions
   Rule 101. As used in these rules:
   (a) "Act" means 1973 PA 116, MCL 722.111 et seq., and known as  the  child 
care organization licensing act.
   (b) "Agency" means a child-placing agency as defined in section 1  of  the 
act.
   (c) "Contribution" means the payment of money  or  donation  of  goods  or 
services.
   (d) "Department" means the Michigan department of human services.
   (e) "Emergency placement" means a placement that is made in response to  a 
sudden unexpected  occurrence  that  demands  immediate  action  or  means  a 
placement that is made before a placement assessment has been completed.
   (f) "Foster child" means a person who meets all of the following criteria:
   (i) Resides in a foster home.
   (ii) Is less than 18 years of  age  or  becomes  18  years  of  age  while 
residing in the foster home and continues to reside in  the  foster  home  to 
receive care, maintenance, training, and supervision.
   (iii) Is not related to  an  adult  member  of  the  household  by  blood, 
adoption, or marriage.
   (iv) Has been placed in the home by an agency.
   (g) "Foster home" means foster family home or foster family group home, as 
defined in section 1 of 1973 PA 116, MCL 722.111, and as addressed in 1997 PA 
165, MCL 722.118b.
   (h) "Human behavioral science" means a degree from an  accredited  college 
or university equivalent to any of the following:
   (i) Social work.
   (ii) Psychology.
   (iii) Guidance and counseling.
   (iv) Consumer or community services.
   (v) Criminal justice.
   (vi) Family ecology.
   (vii) Sociology.
   (i) "Independent living" means the placement, by an agency, of a youth who 
is not less than 16 years old in his or her  own  unlicensed  residence,  the 
residence of an adult who does not have supervisory  responsibility  for  the 
youth, or in a residence under the control of  the  agency.   The  authorized 
agency or governmental unit retains supervisory responsibility for the youth.
   (j) "Licensing authority" means the administrative unit of the  department 
that has responsibility for making licensing and approval recommendations for 
a child-placing agency.
   (k) "Member of the household" means any person, other than a foster child, 
who resides in a foster or adoptive home on an ongoing or recurrent basis.
   (l) "Parent" means  a  legal  parent  and  includes  a  custodial  parent, 
noncustodial parent, or adoptive parent.
   (m) "Permanent placement" means that the treatment plan specifies that the 
foster child will remain in the current foster home until the age of majority.
   (n) "Placement" means moving a child to a  foster  or  adoptive  home,  to 
independent living, or from  out-of-home  placement  to  another  out-of-home 
placement.
   (o) "Social service supervisor" means a person  who  supervises  a  social 
service worker. A social service supervisor may also  function  as  a  social 
service worker in the temporary absence of the social service worker.
   (p) "Social service worker" means a person who  performs  social  services 
functions covered by these rules.
   (q) "Staff" means a person who is employed by an agency, a  volunteer  for 
the agency, or a person who is  under  contract  to  the  agency  to  provide 
specific services covered by these rules.
   (r) "Substantial noncompliance" means repeated violation of the act or  an 
administrative rule promulgated under the act, or noncompliance with the act, 
a rule promulgated under the act, or the terms of a license that  jeopardizes 
the  health,  safety,  care,  treatment,  maintenance,  or   supervision   of 
individuals receiving services or, in the case of an  applicant,  individuals 
who may receive services.
   (s) "Willful noncompliance" means that after receiving a copy of the  act, 
the rules promulgated under the act, and a copy of the terms of  the  license 
if applicable, an applicant or licensee knows or had reason to know that  his 
or her conduct is a violation of the act, the  rules  promulgated  under  the 
act, or the terms of the license.

  History: 1998-2000 AACS; 2007 AACS.


R 400.12102    Rule variance.
  Rule 102. (1) Upon the written request  of  an  applicant  or  agency,  the 
department  may  grant  a  variance  from  an  administrative  rule  if   the 
alternative proposed ensures  that  the  health,  care,  safety,  protection, 
supervision, and needed services of children are maintained.
  (2) The decision of the department, including the conditions for which  the 
variance is granted, shall be entered upon the records of the department  and 
a signed copy shall be sent to the applicant or agency.  The variance may  be 
time-limited or may remain in effect for as long as the agency  continues  to 
ensure that the health, care, safety,  protection,  supervision,  and  needed 
services to children are maintained.

  History: 1998-2000 AACS.


R 400.12103    Staff exception.
  Rule 103. An agency who has a person in a position  that  is  regulated  by 
these rules and who was approved before the effective  date  of  these  rules 
shall be considered qualified for the position.

  History: 1998-2000 AACS.


R 400.12104    Public review.
  Rule 104. An agency  shall  make  all  written  policies,  procedures,  and 
program statements, required by these  administrative  rules,  available  for 
review by the public.

  History: 1998-2000 AACS.


R 400.12105    Rescission.
  Rule 105. R 400.6101 to R 400.6522 of  the  Michigan  Administrative  Code, 
appearing on pages 333 to 348 of the  1980  Annual  Supplement  to  the  1979 
Michigan Administrative Code, are rescinded.


                       PART 2.  AGENCY SERVICES

R 400.12201    Department authorization.
  Rule 201. An agency shall comply with the provisions of  part  2  of  these 
rules to be authorized by the department to provide regulated services.

  History: 1998-2000 AACS.


R 400.12202 Policy and procedures
   Rule 202. An agency shall have and follow written policies and  procedures 
for all of the following:
   (a) Financial stability.
   (b) Facilities.
   (c) Required staff.
   (d) Staff qualifications.
   (e) Staff responsibilities.
   (f) Job descriptions.
   (g) Orientation and training.
   (h) Grievance handling.
   (i) Privacy safeguards.
   (j) Personnel records.
   (k) Record Management.
   (l) Compliance with 1975 PA 238, MCL 621.

  History: 1998-2000 AACS; 2007 AACS.


R 400.12203    Financial stability.
  Rule 203. (1) An agency shall initially and annually develop and  implement 
a plan of financing for the operation of  the  agency  in  carrying  out  its 
programs and meeting the requirements for  licensing.  A  plan  of  financing 
shall include all of the following:
  (a) A listing of all income sources and the anticipated  amount  of  income 
for the current fiscal year.
  (b) An annual budget for the current fiscal year.
  (c) A copy of the income and expenditures from the previous fiscal year.
  (d) A copy of the nonprofit tax return from the previous fiscal year.
  (2) Subdivision (d) of subrule (1)  does  not  apply  to  a  governmentally 
operated agency.

  History: 1998-2000 AACS.


R 400.12204    Facilities.
  Rule 204. An agency shall provide and  maintain  sufficient  office  space, 
equipment, and supplies to ensure the delivery of services.

  History: 1998-2000 AACS.


R 400.12205    Required staff.
  Rule 205. (1) An agency shall employ or contract for all of  the  following 
staff positions:
  (a) Chief administrator.
  (b) Social service supervisor.
  (c) Social service worker.
  (2) An agency shall appoint a chief administrator who possesses at least  a 
bachelor's degree from an accredited college or university  and  2  years  of 
experience in a human services organization.  An agency shall report a change 
of chief administrator immediately to the department.
  (3) An agency shall appoint a social service supervisor who  possesses  the 
qualifications specified in either of the following provisions:
  (a) A master's degree from an accredited college or university in  a  human 
behavioral science and 1 year of experience as a social service worker in  an 
agency.
  (b) A bachelor's degree from an accredited college or university in a human 
behavioral science, or in another major  where  25%  of  the  course  credits 
earned toward the degree are in human behavioral sciences,  and  4  years  of 
experience as a social service worker, 2 years of which shall have been in an 
agency.
  (4) An agency shall appoint a social service worker who possesses at  least 
a bachelor's degree from an accredited college or university with a major  in 
a human behavioral science, or in another  major  where  25%  of  the  course 
credits earned toward the degree are in human behavioral sciences.
  (5) A person who is employed by the agency or who has a contract  with  the 
agency and who fulfills more than 1 function specified by subrule (1) of this 
rule shall meet the requirements for each position.
  (6)  If  a  social  service  worker  also  has  social  service  supervisor 
responsibilities, as permitted under subrule  (5)  of  this  rule,  then  the 
worker shall not supervise his or her own tasks as a social service worker.
  (7) An agency shall employ or contract for a sufficient number of competent 
staff to carry out the provisions covered by these rules.  The  workload  for 
each staff member shall not be more than any of the following:
  (a) Eight social service workers or social service aides per supervisor.
  (b) Thirty children placed in adoption, child foster care,  or  independent 
living per social service worker.
  (c) One hundred certified foster homes per social service worker.

  History: 1998-2000 AACS.


R 400.12206    Staff qualifications.
  Rule 206. (1) An agency shall  require  a  staff  member  who  has  ongoing 
contact with children or parents to be a person who is of good character  and 
emotionally stable and  who  has  the  ability,  experience,  education,  and 
training to perform the duties assigned.
  (2) An agency shall have a written assessment of all  criminal  convictions 
of prospective staff before hiring  or  assigning  a  person  to  a  position 
covered by these rules. The assessment shall take into account the nature  of 
the  convictions,  when   the   convictions   occurred,   and   evidence   of 
rehabilitation.

  History: 1998-2000 AACS.


R 400.12207    Staff responsibilities.
  Rule 207. (1) An agency shall designate that  the  chief  administrator  is 
responsible for the day-to-day operation  of  the  agency  and  for  ensuring 
compliance with the applicable provisions of these rules.
  (2) An agency chief administrator shall be administratively responsible for 
all of the following functions:
  (a) Not less than once annually,  conduct  an  assessment  and  verify  the 
agency's compliance with the applicable provisions of these rules.
  (b) Develop and implement a written  plan  to  correct,  within  6  months, 
noncompliance identified in subdivision (a) of this subrule.
  (c) Assessment of all disrupted and unplanned  removals  of  children  from 
foster homes, independent living, and adoptive homes and  correction  of  the 
causes of disrupted and unplanned removals.
  (d) Develop, maintain, and monitor  an  outcome  measurement  system.   The 
measurement system shall contain components  that  will  ensure  all  of  the 
following:
  (i) That the services provided for children,  youth,  and  families  comply 
with the applicable provisions of these rules.
  (ii) That positive outcomes for children, youth, and  families  served  are 
produced.
  (iii) That risk to children, youth, and families served is minimized.
  (3) An agency  shall  require  that  social  service  workers  be  directly 
responsible for all of the following activities:
  (a) Placing and supervising children in foster  care,  adoptive  homes,  or 
independent living. Social service  workers  shall  work  directly  with  the 
children, their families, and other relevant  individuals  and  be  primarily 
responsible for the development, implementation, and review of service  plans 
for the children and their families.
  (b) Assessing  and  certifying  private  family  homes  for  licensure  and 
supervising the homes.
  (c) Conducting adoptive evaluations of private family  homes  for  adoptive 
placements.
  (4) An agency shall require social service aides to be directly responsible 
to a social service worker or social service  supervisor.  A  social  service 
aide may provide clearly  defined  support  functions,  but  shall  not  have 
responsibility for any of the following:
  (a) Case planning.
  (b) Selecting placements.
  (c) Foster home certification.
  (d) Supervisory placement of children in foster care, adoptive  placements, 
or independent living.
  (e) Conducting adoptive family evaluations.

  History: 1998-2000 AACS.


R 400.12208    Job descriptions.
  Rule 208. (1) An agency shall have a current written  job  description  for 
each staff position.
  (2) Each job description shall contain all of the following information:
  (a) Prescribed duties and functions.
  (b) Specific education, knowledge,  experience,  and  skills  necessary  to 
provide services to children and families served by the agency.
  (c) Lines of authority.
  (3) An agency shall give copies of job descriptions to staff at the time of 
employment in a specified position and when the job description is revised.
  (4) Practice shall conform to the job description.

  History: 1998-2000 AACS.


R 400.12209    Orientation and training.
  Rule 209. (1) An agency shall ensure and document that each social  service 
worker and each social service supervisor receives not less than 16 hours  of 
orientation after initial  appointment  and  before  assumption  of  assigned 
duties.
  (2) An agency shall ensure and document that each social service worker and 
each social service supervisor receives not less than 14  hours  of  training 
relating to his or her current  position  within  the  first  year  of  being 
assigned to the position.
  (3) An agency shall ensure and document that each social service worker and 
each social service supervisor receives not less than  14  hours  of  planned 
training relating to his or her current  position  annually  after  the  time 
periods specified in subrules (1) and (2) of this rule.
  (4) The orientation and training specified in subrules (1) and (2) of  this 
rule for each social service worker shall include all of the following topics:
  (a) Characteristics and needs of children and families served by the agency.
  (b) Requirements of applicable statutes relating to the services the agency 
provides that are subject to these rules.
  (c) Agency expectations for the social service  worker  to  facilitate  and 
supervise the care of children and to work with families that are  served  by 
the agency.
  (d)  Agency  expectations  for  the  social  service  worker's   role   and 
responsibility with foster parents and other  persons  who  provide  care  or 
services to children and families served by the agency.
  (e) Agency expectations for developing, maintaining, and reviewing  initial 
and updated service plans for children and families served by the agency.

  History: 1998-2000 AACS.


R 400.12210    Grievance handling.
  Rule 210. (1) An agency shall have a written grievance handling procedure.
  (2) The procedure shall provide for all of the following:
  (a)  Safeguard  the  legal  rights  of  children,  their  families,  foster 
families, releasing parents, and adoptive families served.
  (b)  Address  matters  that  relate  to  compliance  with  the  act,  rules 
promulgated under the act, and the agency's written policies  and  procedures 
regarding services covered by these rules.
  (c) Delineate the method of initiating the procedure.
  (d) Specify time frames for decisions.
  (3) An agency shall provide a grievant with a written copy of the grievance 
resolution.

  History: 1998-2000 AACS.


R 400.12211    Privacy safeguard.
  Rule 211. (1) An agency shall safeguard the privacy of a child and  his  or 
her family.
  (2) An agency shall not use  a  child's  identity  for  publicity  purposes 
unless a positive value accrues to the child.
  (3) An agency shall obtain  the  written  consent  of  a  parent  or  legal 
guardian before using a child, a picture of a child, or a child's name in any 
form of agency publicity.

  History: 1998-2000 AACS.


R 400.12212    Personnel records.
  Rule 212. (1) An agency shall maintain a personnel record  for  each  staff 
member.
  (2) The personnel record shall contain all  of  the  following  information 
before employment may occur:
  (a) Name.
  (b) Verification of education.
  (c) Work history.
  (d) Three references obtained from persons who are unrelated to  the  staff 
person.
  (e) A record of any convictions as required by R 400.12206(2).
  (3) The personnel record shall contain both of the following:
  (a)  A  written  evaluation  of  a  staff  member's  performance  within  a 
probationary period or not later than 6 months after the staff member assumes 
his or her current responsibilities.  After the initial evaluation, a written 
evaluation shall be conducted each year.
  (b) A copy of the job description for the staff member's current position.
  (4) An agency shall maintain an orientation and training record  for  staff 
members.

  History: 1998-2000 AACS.


R 400.12213    Record Management.
  Rule 213. An  agency  shall  do  all  of  the  following  with  respect  to 
maintenance of required records:
  (a) Protect each record against destruction and damage.
  (b) Keep each record in a uniform fashion.
  (c) Store and maintain each record in a manner  to  ensure  confidentiality 
and to prevent unauthorized access.

  History: 1998-2000 AACS.


R 400.12214  Compliance with 1975 PA 238.
  Rule 214.  An agency shall develop a written plan and implement the plan to 
assure compliance with 1975 PA 238, MCL  722.621,  and  known  as  the  child 
protection law.

  History: 2007 AACS.


                       PART 3.  FOSTER HOME CERTIFICATION


R 400.12301    Department authorization.
  Rule 301. (1) An agency shall be authorized by the  department  to  certify 
foster homes for licensure.
  (2) An approved governmental unit shall comply with the provisions of  this 
part to be authorized to certify foster homes for licensure.

  History: 1998-2000 AACS.


R 400.12302    Program statement.
  Rule 302. An agency  shall  have  and  follow  a  current  written  program 
statement that includes all of the following information:
  (a) Types of foster care provided.
  (b) Age, race, ethnic background, and specific characteristics of  children 
served.
  (c) Types and numbers of foster homes needed.
  (d) Types of services provided to foster families.
  (e) Geographical area covered.

  History: 1998-2000 AACS.


R 400.12303    Policy and procedures.
  Rule 303. (1)  An  agency  shall  have  and  follow  written  policies  and 
procedures for assessing and certifying foster homes for licensure.
  (2) Policies and procedures shall cover all of the following areas  and  be 
on forms provided, and in a manner prescribed, by the department:
  (a) Recruitment and retention.
  (b) Certification training.
  (c) Application request.
  (d) Orientation.
  (e) Application submission.
  (f) Records check.
  (g) Initial evaluation.
  (h) Placement agreement.
  (i) Foster parent training.
  (j) Reevaluation.
  (k) License recommendation.
  (l) Borrowed home.
  (m) Special evaluation.
  (n) Foster home record.

  History: 1998-2000 AACS.


R 400.12304    Recruitment and retention.
  Rule 304. (1) An agency shall  have  an  ongoing  foster  home  recruitment 
program to ensure an adequate number of suitable and qualified homes to  meet 
the needs of children served by the agency.
  (2) An agency shall develop, implement, and maintain a  program  of  foster 
home retention that includes foster parent involvement  and  that  identifies 
the causes of the loss of foster homes and prescribes actions to be taken  to 
retain foster homes.

  History: 1998-2000 AACS.


R 400.12305    Certification training.
  Rule 305. An agency shall ensure that all  supervisors  of  social  service 
workers who perform foster home certification functions receive certification 
training provided by the department.

  History: 1998-2000 AACS.


R 400.12306    Application request.
  Rule 306.  (1)  An  agency  shall  document  that  both  of  the  following 
conditions are met before providing a person with an application:
  (a) The person expresses a willingness to provide care  for  the  types  of 
children served by the agency.
  (b) The person has received required orientation.
  (2) An agency shall document that a person who has met the requirements  of 
subrule (1)  of  this  rule  has  received  an  application  and  information 
regarding all of the following:
  (a) A copy of the act.
  (b) Administrative rules for foster homes.
  (c) Administrative rules for child placing agencies.
  (d) Good moral character rules.
  (e) The child protection law.
  (f) The children's ombudsman act.
  (g) The agency's program statement.
  (h) The agency's foster care services policies.
  (i) The agency's foster parent training requirements.
  (3)  An  agency  shall  document  that  the  licensee  has  been  given  an 
application for renewal of the license not less than 30 calendar days  before 
the expiration date of the license.

  History: 1998-2000 AACS.


R 400.12307    Orientation.
  Rule 307. An agency foster parent orientation shall consist of all  of  the 
following areas:
  (a) Purposes of foster care.
  (b) Characteristics and needs of the children placed by the agency.
  (c) Attachment and separation issues.
  (d) Impact of fostering on the foster family.
  (e) Role of the foster family.
  (f) Licensing process.
  (g) Grievance procedure.
  (h) Importance of a child's family.
  (i) Parent and sibling visits.
  (j) Agency foster care policies and procedures.
  (k) Agency foster parent training requirements.
  (l) Supportive services and resources.
  (m) Provisions of the children's ombudsman act.
  (n) Provisions of the child protection act.

  History: 1998-2000 AACS.


R 400.12308    Application submission.
  Rule 308. (1) An agency shall act on a completed and signed application.
  (2) An agency shall require both caregivers in a 2-caregiver  household  to 
sign the application.
  (3) An agency may consider an application withdrawn after 60  days  if  the 
applicant fails to cooperate with the completion of the licensing process.

  History: 1998-2000 AACS.


R 400.12309    Records check.
  Rule 309. (1) An agency shall, upon receipt of an application,  initiate  a 
records check of each applicant and each adult member of the household.
The check shall pertain  to  previous  licenses,  criminal  convictions,  and 
substantiated child abuse and neglect records.
  (2) An agency shall, upon receipt of information indicating a lack of  good 
character or suitability on the part of the foster  parent,  initiate  a  new 
records check.

  History: 1998-2000 AACS.


R 400.12310 Initial Evaluation
   Rule 310.  (1) An agency social service worker shall  complete  a  written 
initial foster home evaluation before certifying the home for licensure. 
   (2) The report shall include the dates and places of contacts and  persons 
interviewed or observed. 
   (3) The report shall be an assessment of all of the following: 
   (a) Visits at the residence of the foster home applicants for observations 
of, and interviews with, each member of the household to determine all of the 
following: 
   (i) Marital and family status and  history,  including  current  and  past 
level of family functioning and relationships and any incidents  of  domestic 
violence. 
   (ii) Educational history and any special skills and interests.
   (iii) Employment history, current financial status, including property and 
income, money management skills, and outstanding financial obligations. 
   (iv) Physical,  mental,  and  emotional  health  of  each  member  of  the 
household.
   (v) Any history of substance abuse of each member of the household.
   (vi) Parenting skills and attitudes toward children.
   (vii)	Methods of discipline of children.
   (viii) Adjustment and special needs of the applicant's own children.
   (ix) Strengths and weaknesses of each member of the household.
   (x) Experiences with own parents and any history of out-of-home care.
   (xi) Reasons for applying to be a foster family.
   (xii) Previous experience in providing child foster care, child day  care, 
or adult foster care.
   (xiii) Attitude towards accepting a foster child.
   (xiv) Willingness to parent  cross-racially  or  cross-culturally  and  to 
create an atmosphere that fosters the racial identity and culture of a foster 
child. 
   (xv) Capacity and disposition to give a foster child guidance,  love,  and 
affection.
   (b) Previous adoption evaluations or placements.
   (c) Previous licenses, criminal convictions, and substantiated child abuse 
or neglect for any member of the household. 
   (d) Three references from persons not related to the applicants.
   (e) A medical statement for each member of the  household  that  indicates 
that the member has no known condition that would affect the care of a foster 
child. The statement shall be signed by a physician, physician's assistant or 
nurse practitioner within the 12-month period before the initial evaluation. 
   (f) Adequacy of the applicant's house,  property,  neighborhood,  schools, 
and community for the purpose of fostering as determined by an on-site visit. 
   (g) The age,  number,  sex,  race,  ethnic  background,  and  the  special 
characteristics of children preferred by the applicants. 
   (h) Training needs of the family.
   (4) An agency shall document placement specifications consistent with  the 
information contained in the evaluation. The placement  specifications  shall 
include the characteristics, age, sex, race, and number of children preferred 
by the family, of children best served by the home, and of children  who  may 
not be placed in the home. The child's racial, ethnic, and cultural identity, 
heritage, and background may only be  considered  if  an  assessment  of  the 
individual child indicates that such consideration is in the  best  interests 
of the child. 
   (5) An agency shall inform the  applicant  that  a  copy  of  the  initial 
evaluation is available upon request. 

  History: 1998-2000 AACS; 2007 AACS.


R 400.12311    Placement agreement.
  Rule 311. (1) An agency shall have a written placement agreement signed  by 
the foster parent and the agency before initially certifying  a  foster  home 
for licensure.
  (2) The placement agreement shall contain all of the following provisions:
  (a) The responsibilities of the agency.
  (b) The services to be provided to foster children and the foster family.
  (c) The responsibilities of the foster family.
  (d) That the foster family has been informed  of,  and  agrees  to  follow, 
agency policies and procedures.
  (3) An agency shall review the agreement with the foster  family  at  least 
annually and, when needed, develop a new agreement.
  (4) An agency shall give a foster family  a  copy  of  the  signed  current 
placement agreement.

  History: 1998-2000 AACS.


R 400.12312 Foster parent training
   Rule 312. (1) An agency shall develop a foster parent training  plan  with 
the participation of foster parents.
   (2) The foster parent training plan shall provide for all of the following:
   (a) The individual training needs of the foster parents.
   (b) Not less than 12 hours of training to be completed not later than  the 
end of the original 6-month licensing period and before the  placement  of  a 
child. Not more than 6 hours of the orientation may be included  as  part  of 
the 12 hours of training.
   (c) Not less than an additional 12 hours of training  during  the  next  2 
years after the original licensing period.
   (d) Not less than 6 hours of training  annually  after  the  time  periods 
specified in subdivisions (b) and (c) of this subrule.
   (3) The training specified in subrule (2)(a), (b), and (c)  of  this  rule 
shall address all of the following areas:
   (a) Characteristics and needs of children.
   (b) Safe sleep practices for infants.
   (c) Effective parenting.
   (d) Behavior management.
   (e) Importance of the foster child's family.
   (f) Role of the agency.
   (g) Emergency procedures, first aid, and fire safety.
   (h) Preparation of the foster child for independence.  
   (4) An agency shall document all training received by each foster parent.

  History: 1998-2000 AACS; 2007 AACS.


R 400.12313    Reevaluation.
  Rule 313. (1) An agency shall conduct  an  on-site  visit  and  complete  a 
written reevaluation of a foster home annually.
  (2) The annual reevaluation shall include a determination and assessment of 
all of the following:
  (a) All changes  to  the  factual  information  contained  in  the  initial 
evaluation and subsequent renewal evaluations.
  (b) Family functioning and interrelationships as determined by  observation 
of, and interviews with, each member of the household and each social service 
worker who has had children placed in the  home  during  the  last  licensing 
period.
  (c) Training needs of the family.
  (d) Compliance with the licensing rules for foster homes.
  (3) An agency shall record the dates and places  of  contacts  and  persons 
interviewed or observed as part of a reevaluation.
  (4) An agency shall document placement specifications consistent  with  the 
information contained in the  reevaluation.  Placement  specifications  shall 
include the characteristics, age, sex, race, and number of children preferred 
by the family, of children best served by the home, and of children  who  may 
not be placed in the home. The child's racial, ethnic, and cultural identity, 
heritage, and background may only be  considered  if  an  assessment  of  the 
individual child indicates that such consideration is in the  best  interests 
of the child.
  (5)  An  agency  shall  notify  the  foster  parent  that  a  copy  of  the 
reevaluation is available upon request.
  (6) An agency shall complete a reevaluation  and  shall  make  a  licensing 
recommendation before the expiration date of the foster home license.

  History: 1998-2000 AACS.


R 400.12314    License recommendation.
  Rule 314. (1) An agency shall recommend to the department  the  appropriate 
licensing action based on facts contained in the foster home  evaluation  and 
any special evaluations.
  (2) An agency shall document foster home license changes in the foster home 
record and shall communicate the changes immediately to the department in the 
manner prescribed by the department.
  (3) Except for an original  license,  an  agency  shall  recommend  to  the 
department the issuance of a regular license only when both of the  following 
conditions exist:
  (a) All noncompliances relating to the recommendation are correctable.
  (b) A written corrective action plan has been developed. The plan shall  be 
in compliance with all of the following requirements:
  (i) Specify the methods, the persons responsible, and the time  frames  for 
correction.
  (ii) Require that the corrective action be completed within the  period  of 
the license.
  (iii) Be signed and dated by the foster parent and the agency.
  (4) Except for an original  license,  an  agency  shall  recommend  to  the 
department the issuance of a  provisional  license  only  when  both  of  the 
following conditions exist:
  (a) The agency complies with subrule (3)(a) and (b) of this rule.
  (b) The foster parent has been informed, in writing, of the facts  and  the 
basis for the provisional license.
  (5) An agency shall recommend to  the  department  the  denial  of  license 
issuance, the revocation of a license, or the refusal to renew a license only 
when both of the following conditions exist:
  (a) The foster parent falsifies information provided during  the  licensing 
process or willfully and substantially violates the act, the licensing  rules 
for foster homes, or the terms of the license.
  (b) The applicant or the foster parent has been informed,  in  writing,  of 
the facts and the basis for the recommended action.
  (6) An agency shall provide the department with all requested documentation 
that is related to an agency recommendation or a department licensing action.
  (7) An agency shall participate in, and present facts  at,  a  foster  home 
licensing administrative hearing to support an  agency  recommendation  or  a 
department licensing action.

  History: 1998-2000 AACS.


R 400.12315    Borrowed home.
  Rule 315. (1) Before placing a child in a foster home certified by  another 
agency, an agency shall  have  a  record  containing  all  of  the  following 
documents:
  (a) Prior approval from the certifying agency authorizing the placement  of 
a child in the home.
  (b) Documentation that the foster parent is willing to  accept  the  foster 
child.
  (c) A copy of the  initial  evaluation  with  written  endorsement  by  the 
borrowing agency that the evaluation is acceptable.
  (d) A copy of the current reevaluation  with  written  endorsement  by  the 
borrowing agency that the evaluation is acceptable.
  (e) A list of all children currently placed in the home.
  (f) Documentation that the foster parent has received  orientation  to  the 
policies of the borrowing agency.
  (g) A copy of the placement agreement signed by the foster parent  and  the 
borrowing agency.
  (h) A  copy  of  the  current  license  certification  documents  from  the 
certifying agency.
  (i) A copy of all special evaluations completed during the last 2 years.
  (2) The certifying  agency  is  responsible  for  certification  functions, 
including special evaluations, and  shall  share  all  information  regarding 
changes in the home with all agencies that have children in placement in  the 
home.

  History: 1998-2000 AACS.


R 400.12316    Special evaluation.
  Rule 316. (1) An agency shall do both of the following when information  is 
received that relates to possible noncompliance with any foster home rule:
  (a) Notify the department's licensing authority within 5 working days.
  (b) Initiate a special  evaluation  of  the  foster  home  as  soon  as  is 
indicated, based on the information received, but not later than  7  calendar 
days after receipt of the information.
  (2) An agency shall inform foster parents of all of  the  following  before 
they are questioned or interviewed regarding a special evaluation:
  (a) That a special evaluation has been initiated.
  (b) A clear description of the allegations.
  (c) That the foster parents have an option to involve  a  person  of  their 
choice in any interviews with them involving the special  evaluation  if  the 
involvement does not impede the timely completion of the evaluation.
  (3) An agency shall complete a special evaluation within 45  calendar  days 
after receipt of the information. If additional time is  required,  then  the 
agency shall inform the foster parent, in  writing,  of  the  basis  for  the 
extension.
  (4) Before completion of the written report required by subrule (5) of this 
rule, an agency shall provide the foster parent with a verbal summary of  the 
preliminary findings at the conclusion of the evaluation.
  (5) Upon completion of the evaluation, an agency shall  prepare  a  written 
report that includes all of the following information:
  (a) The date the information was received.
  (b)  Identification  of  the  information  source,  unless   anonymous   or 
confidential, as specified in Act No. 238 of the  Public  Acts  of  1975,  as 
amended, being §722.621 et seq. of the Michigan Compiled Laws, and  known  as 
the child protection law.
  (c) The allegations.
  (d) Dates and places of contacts, names of persons interviewed,  and  names 
of the interviewers. If children are interviewed, their last names shall  not 
be included in the report.
  (e) Findings of fact, based upon the evaluation.
  (f) Conclusions regarding licensing rules compliance or noncompliance based 
on the findings of fact.
  (g) Any change in the agency's decision regarding  the  number,  sex,  age, 
race, ethnic background, and specific characteristics of children who may  be 
placed that is based upon the documentation  contained  in  the  summary  and 
conclusions of the report.
  (h) Recommendations regarding licensing action and any required  corrective 
action.
  (6) An agency shall do both of the following:
  (a) Provide the foster parent with a copy of the report required by subrule 
(5) of this rule within 10 calendar days of its completion.
  (b) Inform the foster parent, in writing, that he or she  has  a  right  to 
have his or her written response included as  an  attachment  to  the  report 
required by subrule (5) of this rule.

  History: 1998-2000 AACS.


R 400.12317    Foster home record.
  Rule 317. (1) An agency shall maintain a foster home record for each foster 
home.
  (2) The record shall contain all of the following information:
  (a) All documents pertaining to certification of the home.
  (b) Any special evaluation reports.
  (c) Placement agreements between a foster parent and the agency.
  (d) A placement list of all children placed in the foster  home,  including 
all of the following information about each child:
  (i) Name, age, sex, and race of the child.
  (ii) Date of placement.
  (iii) Date of, and reasons for, a child's removal from the foster home.
  (e)  Any  written  response  from  a  foster  parent,  as  provided  by   R 
400.12316(6)(b).
  (f) Zoning approval if a foster family group home.
  (3) An agency shall make copies of a record available to the  applicant  or 
licensee upon request, except for the following items:
  (a) Pending evaluation reports and documents.
  (b) Records of privileged communication.
  (c)  Criminal  records,   police   reports,   child   protective   services 
information, and social security numbers from any source.
  (4) An agency shall maintain records  for  not  less  than  3  years  after 
closure.

  History: 1998-2000 AACS.



                          PART 4.  FOSTER CARE SERVICES

R 400.12401    Department authorization.
  Rule 401. An agency shall  be  authorized  by  the  department  to  receive 
children for placement in licensed foster homes.

  History: 1998-2000 AACS.


R 400.12402    Program statement.
  Rule 402. An agency  shall  have  and  follow  a  current  written  program 
statement that includes all of the following information:
  (a) Types of foster care provided.
  (b) Age, race, ethnic background, and specific characteristics of  children 
served.
  (c) Types of services provided to foster children and their families.
  (d) Geographical area covered.

  History: 1998-2000 AACS.


R 400.12403    Policy and procedures.
  Rule 403. (1)  An  agency  shall  have  and  follow  written  policies  and 
procedures for the foster care services provided.
  (2) The policies and procedures shall cover at least all of  the  following 
areas:
  (a) Placement.
  (b) Change of placement.
  (c) Behavior management.
  (d) Religion.
  (e) Mail.
  (f) Education.
  (g) Personal possessions, allowance, and money.
  (h) Clothing.
  (i) Emergencies.
  (j) Medical and dental care.
  (k) Substitute care.
  (l) Unusual incidents.
  (m) Hazardous materials.
  (n) Foster parent information.
  (o) Service plans.
  (p) Visitation.
  (q) Foster care record.
  (3) An agency shall provide a copy of the policies and  procedures  to  the 
foster parents of a home where the agency places a child.

  History: 1998-2000 AACS.


R 400.12404    Placement.
  Rule 404. (1) An agency shall only place a child in a licensed foster home, 
except as permitted in R 400.12709.
  (2) An agency's placement of a child in a foster home shall  be  consistent 
with the placement specifications for the home.
  (3) An agency shall consider all of the following factors in  selecting  an 
appropriate placement for a child:
  (a) The permanency - reunification goal for the child.
  (b) The physical, emotional, and educational needs of the child.
  (c) Expressed preferences of the foster child.
  (d) Placement of the child with relatives.
  (e) Placement of the child with siblings.
  (f) The child and child's family's religious preference.
  (g) The continuity of relationships, including relationships with  parents, 
siblings, relatives, foster parents, and other  persons  significant  to  the 
child.
  (h) The availability of placement resources for the  purpose  of  making  a 
timely placement.
  (4) The child's  racial,  ethnic,  and  cultural  identity,  heritage,  and 
background may only be considered if an assessment of  the  individual  child 
indicates that such consideration is in the best interests of the child.
  (5) Before the placement of a child, an agency shall prepare the child  for 
placement  consistent  with  the   child's   age,   individual   needs,   the 
circumstances necessitating placement, and the special problems presented.
  (6) An agency shall document, in the child's record, within 7 calendar days 
after placement, the information specified in R 400.12417(1) as well  as  all 
of the following information:
  (a) All of the following child characteristics:
  (i) Sex.
  (ii) Race.
  (iii) Height and weight.
  (iv) Eye color and hair color.
  (v) Identifying marks.
  (vi) Religious preference.
  (vii) School status.
  (b) Name, known addresses, and marital status of  the  child's  parents  or 
legal guardian, if any.
  (c) Names, ages, and known addresses of any siblings.
  (d)  Known  names,  addresses,  and  dates  of  any  previous   out-of-home 
placements.
  (e) The date that the agency received the child for placement.
  (f) The child's legal status and the agency's legal right to provide care.
  (g) Documentation of the child's placement preparation.
  (7) An agency shall make every  reasonable  effort  to  maintain  a  stable 
foster care placement for each child placed in foster care. The efforts shall 
be documented in the child's record.

  History: 1998-2000 AACS.


R 400.12405    Change of placement.
  Rule 405. (1) An agency shall give first  consideration  to  returning  the 
child to the parent or to placing the child with a relative when a change  is 
indicated.
  (2) The agency shall document all of the following in  the  child's  record 
before a change of placement occurs:
  (a) Reason for the change in placement.
  (b) Supervisory approval before the change.
  (c) If the child is not returned to the parent or placed with  a  relative, 
then the reason why return or placement is not possible.
  (d)  Replacement  preparation  appropriate  to  the  child's  capacity   to 
understand, which includes an explanation as to why the change is necessary.
  (e) Notification to the parents  and  referral  source  of  the  change  in 
placement.
  (f) Information about the child shared with the new placement.
  (g) The child's new location and address.
  (h) That the current foster parent was notified in writing of the following 
information:
  (i) Not less than 14 calendar days in advance, of the change,  except  when 
prior notification would jeopardize the child's care  or  safety.   If  prior 
notice is not provided, then the agency shall notify the  foster  parent,  at 
the time of the change, why prior notice was not given.
  (ii) Of the  current  foster  parent's  rights  concerning  the  change  in 
placement.
  (3) If an emergency change in placement  is  necessary,  then  all  of  the 
documentation required in subrule (2) of this rule shall be  in  the  child's 
record within 14 calendar days after the change in placement.
  (4) If an agency is no longer providing services to the child in  a  foster 
home, then both of the following shall  be  documented  before  a  change  in 
placement:
  (a) A summary of the services provided during care up to the  time  of  the 
change in placement and the needs that remain to be met.
  (b) Provision for any continuing services.

  History: 1998-2000 AACS.


R 400.12406    Behavior management policy.
  Rule 406.  (1)  An  agency's  behavior  management  policy  shall  identify 
appropriate and specific methods of behavior management for foster children.
  (2) An agency shall ensure that methods of behavior management for a foster 
child are positive and consistent, based on each foster child's needs,  stage 
of development, and behavior,  and  promote  self-control,  self-esteem,  and 
independence.
  (3) All of the  following  types  of  punishment  of  a  foster  child  are 
prohibited:
  (a)  Physical  force,  excessive  restraint,  or  any  kind  of  punishment 
inflicted on the body, including spanking.
  (b) Confinement in an area such as a closet or locked room.
  (c) Withholding necessary food, clothing, rest, toilet use, or entrance  to 
the foster home.
  (d) Mental or emotional cruelty.
  (e) Verbal abuse, threats, or derogatory remarks.
  (f) Prohibiting visits or communication with a foster child's family.
  (g) Denial of necessary educational, medical, counseling,  or  social  work 
services.
  (4) A foster parent may use reasonable restraint to prevent a foster  child 
from harming himself or herself, other persons, or property, or to allow  the 
child to gain control of himself or herself.

  History: 1998-2000 AACS.


R 400.12407    Religion policy.
  Rule 407. An agency's religion policy shall, at a minimum, ensure that  the 
foster child has the opportunity to receive religious instruction and  attend 
religious services.

  History: 1998-2000 AACS.


R 400.12408    Mail policy.
  Rule 408. An agency's mail policy shall ensure that a child  may  send  and 
receive mail.

  History: 1998-2000 AACS.


R 400.12409    Education policy.
  Rule 409. An agency's education policy shall ensure that, within 10  school 
days of placement, an agency shall provide for the enrollment of  each  child 
of school age, as defined by state law, into a school program.

  History: 1998-2000 AACS.


R 400.12410    Personal possessions, allowance, and money policy.
  Rule 410. An agency's personal possessions,  allowance,  and  money  policy 
shall, at a minimum, address both of the following:
  (a) Payment of, and accounting for, allowance,  social  security  benefits, 
and other benefits to a foster child.
  (b) Assuring that a  child  has  a  right  to  have  his  or  her  personal 
possessions during placement with a foster family and when leaving the foster 
family.

  History: 1998-2000 AACS.


R 400.12411    Clothing policy.
  Rule 411. An agency's clothing policy shall, at a minimum, ensure that each 
foster child has a sufficient amount of clothing that is  appropriate  as  to 
size and season and that is in good repair.

  History: 1998-2000 AACS.


R 400.12412    Emergency policy.
  Rule 412. (1) An agency's emergency policy shall,  at  a  minimum,  contain 
provisions for ensuring that a  foster  parent  has  agency-approved  written 
procedures for each of the following emergencies:
  (a) Fire.
  (b) Tornado.
  (c) Serious accident or injury.
  (2) An agency shall approve the written evacuation plan for a  foster  home 
that provides care for a person who requires assistance to evacuate the home.

  History: 1998-2000 AACS.


R 400.12413    Medical and dental care policy.
  Rule 413. (1) An agency's medical  and  dental  care  policy  shall,  at  a 
minimum, include all of the following:
  (a) The provision of routine medical care.
  (b) The provision of emergency medical, surgical, and dental care.
  (c) A physical examination for each child  as  follows,  unless  a  greater 
frequency is medically indicated:
  (i) For a child under 2 years of age, a  physical  examination  shall  have 
been completed within 3 months before being placed in foster care  or  a  new 
physical examination shall be completed within 30 calendar days  after  being 
placed in foster care.
  (ii) For a child 2 years of age or older, a physical examination shall have 
been  completed  within  12  months  before  placement  or  a  new   physical 
examination shall be completed within 30 calendar days after placement.
  (iii) A physical examination every 14 months.
  (d) Current immunizations for each child as required by section 5111 of Act 
No. 368 of the Public Acts  of  1978  as  amended,  being  §333.5111  of  the 
Michigan Compiled Laws.  A  statement  from  a  parent  or  licensed  medical 
authority which indicates that immunizations are current  or  contraindicated 
is  sufficient  documentation   of   immunizations.   If   documentation   of 
immunization  is  unavailable,  then  immunizations  shall  begin  within  30 
calendar days of placement.
  (e) The provision of any dental treatment necessary for a child who is less 
than 4 years of age.
  (f) The provision of a dental examination and any  treatment  required  for 
each child who is 4 years of age and older, including both of the following:
  (i) A dental examination within 12 months before placement or a new  dental 
examination shall be completed not more than 90 calendar days after placement.
  (ii) A dental reexamination shall be obtained at  least  every  18  months, 
unless a greater frequency is indicated.
  (2) An agency shall document all medical and  dental  care  received  by  a 
foster child.

  History: 1998-2000 AACS.


R 400.12414    Substitute care policy.
  Rule 414. An agency's substitute care policy shall, at a  minimum,  contain 
provisions for all of the following:
  (a) Qualifications for substitute caregivers.
  (b) Conditions under which substitute care may be utilized.
  (c) Notification of the agency, by the foster parent, before the  beginning 
of any planned absence which requires substitute care  for  a  period  of  24 
hours or more.
  (d) Notification of the agency, by the foster parent, within  24  hours  of 
any unplanned absence which requires substitute care for a period of 24 hours 
or more.

  History: 1998-2000 AACS.


R 400.12415    Unusual incident policy.
  Rule 415. (1) An agency's unusual incident  policy  shall,  at  a  minimum, 
include agency notification to the foster child's parents and the responsible 
agency of any of the following incidents within 24 hours of knowledge of  the 
incident:
  (a) When a foster child is missing from a foster home.
  (b) Any illness or injury that requires hospitalization of a foster child.
  (c) A foster child's involvement with law enforcement authorities.
  (d) Attempted removal or removal of a foster child from the foster home  by 
any person who is not authorized by the agency.
  (2) The policy shall require that the agency immediately  notifies  all  of 
the following entities of the death of a foster child:
  (a) The child's parents.
  (b) The referring agency.
  (c) The department licensing authority.

  History: 1998-2000 AACS.


R 400.12416    Hazardous materials policy.
  Rule 416. An agency's hazardous  materials  policy  shall,  at  a  minimum, 
contain both of the following provisions:
  (a) Dangerous and hazardous  materials,  objects,  or  equipment  that  may 
present a risk to children placed in the foster home shall be stored securely 
and out of the reach of children, as appropriate for the age and  functioning 
level of the children.
  (b) Firearms shall be trigger-locked or fully inoperable and stored without 
ammunition in a locked area. Ammunition shall be stored in a separate  locked 
location. A handgun shall be registered. Documentation of the registration of 
the handgun shall be available for review.

  History: 1998-2000 AACS.


R 400.12417    Foster parent information.
  Rule 417. (1) An agency shall provide a  foster  parent  with  all  of  the 
following information before the placement of a child:
  (a) Child's name.
  (b) Child's date of birth.
  (c) Available known information about the child's health.
  (d) Any known history of abuse or neglect of the child.
  (e) All known emotional and psychological problems of the child.
  (f) All known behavioral problems of the child.
  (g) Circumstances necessitating placement of the child.
  (h) Any other known information to enable the foster parent  to  provide  a 
stable, safe, and healthy environment for the foster  child  and  the  foster 
family.
  (i) Name of assigned social service worker.
  (j) Authorization to provide routine and emergency medical care.
  (2) For an emergency placement, if any  of  the  information  specified  in 
subrule (1)(a) to (h) of this rule is not available at the time of placement, 
then the information shall be provided to the foster parent within 7 calendar 
days of the placement.

  History: 1998-2000 AACS.


R 400.12418    Service plans; initial and updated.
  Rule 418.(1) An agency shall complete written service plans for each  child 
as follows:
  (a) Within 30 calendar days after the initial placement by the agency.
  (b) Within 90 calendar days after the initial service  plan  and  at  least 
once every 90 calendar days after the initial service plan.
  (2) An agency shall place service plans in the case record and  review  The 
plans with foster parents. The agency shall inform the foster parent that the 
information in the plan and any other information about  the  child  and  the 
child's family is confidential.
  (3) An agency shall develop service  plans  with  the  child,  the  child's 
parents or legal guardian, the referring agency, and other  parties  involved 
in providing needed services, unless the agency  documents  why  any  of  the 
entities cannot be involved.
  (4) An agency shall involve  the  foster  parents  in  the  development  of 
service plans to enable the foster parents to understand  the  plan  for  the 
child and the foster parent's role in assisting the agency  in  carrying  out 
the plan.
  (5) The initial service plan shall include all of the following information:
  (a) Dates, types, and places of agency contacts and persons contacted.
  (b) Circumstances necessitating placement.
  (c) Assessment of the placement selection  criteria  as  required  under  R 
400.12404.
  (d) A social history pertinent to the circumstances necessitating placement 
that assesses the child and all persons constituting the child's  significant 
family.
  (e) A plan that has as its goal reunification of the child with his or  her 
family or another goal of permanent placement.  The plan shall include all of 
the following information:
  (i) The permanency goal for the child.
  (ii) The conditions necessary to achieve the permanency goal identified  in 
paragraph (i) of this subdivision.
  (iii) Action steps and time frames  to  achieve  the  necessary  conditions 
identified in paragraph (ii) of this subdivision.
  (iv) The persons responsible for implementing the action  steps  identified 
in paragraph (iii) of this subdivision.
  (v) Projected length of placement in foster care.
  (f) Plans for visits between the child, the child's family, and  any  other 
person.
  (g) The child management plan to be used by the foster parent.
  (6) An updated service plan shall include all of the following information:
  (a) Dates, types, and places of agency contacts and persons contacted.
  (b)  Confirmation  that  the  child's  current  foster  home  continues  to 
appropriately meet the placement needs of the child.
  (c) A summary  of  information  pertinent  to  the  updated  services  plan 
received since the last service plan from the child, the child's  parents  or 
legal guardian, foster parents, referring  agency,  and  others,  unless  the 
agency documents why any of these entities cannot be involved.
  (d) Assessment of progress in achieving the permanency goal for the child.
  (e) A plan which includes any changes made  since  the  previous  plan  and 
which has the content specified in subrule (5)(e)(i to v) of this rule.
  (f) Plans for visits between the child, the child's family, and  any  other 
person.
  (g) A child management plan which  includes  any  changes  made  since  the 
previous plan and which is to be used by the foster parents.

  History: 1998-2000 AACS.


R 400.12419    Visitation.
  Rule 419. (1) An agency shall develop a plan of visitation for  each  child 
in foster care consistent with the child's service plans, as  required  by  R 
400.12418.
  (2) An agency social service worker  shall  personally  visit  each  foster 
child at least once each month.
  (3) An agency social service worker shall visit the foster  child  and  the 
foster parent in the foster parent's home at least once every other month.
  (4) An agency may reduce visits to a child to once every 90 days  if  there 
is documentation in the service plan that a child's  placement  in  a  foster 
home is a permanent placement.  Visits shall occur in the foster home.

  History: 1998-2000 AACS.


R 400.12420    Foster care record.
  Rule 420. (1) An agency shall maintain a  record  for  each  child  in  its 
foster care program.
  (2) An agency shall protect each record against destruction and damage  and 
shall  store  and  maintain  each  child's  record  in  a  manner  to  assure 
confidentiality and to prevent unauthorized access.
  (3) The record shall contain all of the following information:
  (a) Initial service plan.
  (b) Any required updated service plans.
  (c) Medical and dental records.
  (d) Placement documentation as required by R 400.12404.
  (e) Change of placement documentation as required by R 400.12405.
  (f) Plan of visitation as required by R 400.12419.
  (4) An agency shall maintain the record for not less than 7 years after the 
agency's termination of services to the child.

  History: 1998-2000 AACS.


                     PART 5.  INDEPENDENT LIVING SERVICES

R 400.12501    Department authorization.
  Rule 501. An agency shall be authorized  by  the  department  to  supervise 
independent living placements.

  History: 1998-2000 AACS.


R 400.12502    Program statement.
  Rule 502. (1) An agency shall have and follow  a  current  written  program 
statement that includes all of the following information:
  (a) Types of living arrangements approved.
  (b) Eligibility requirements for  a  youth,  including  age  and  level  of 
physical, emotional, and intellectual functioning.
  (c) Services provided.
  (d) Means of financial support for the youth.
  (e) Supervision.
  (f) Educational and vocational requirements.
  (g) Medical and dental care.
  (h) Basis for termination.
  (2) An agency shall give a copy of the program statement to a youth  before 
placement in independent living.

  History: 1998-2000 AACS.


R 400.12503    Policy and procedures.
  Rule 503. (1)  An  agency  shall  have  and  follow  written  policies  and 
procedures for the independent living services provided.
  (2) The policies and procedures shall cover at least all of  the  following 
areas:
  (a) Placement.
  (b) Supervision.
  (c) Education.
  (d) Medical care.
  (e) Termination.
  (f) Independent living record.
  (3) An agency shall provide a youth in independent living with  a  copy  of 
the agency's policies and procedures required by the rule.

  History: 1998-2000 AACS.


R 400.12504    Placement.
  Rule 504. (1)  An  agency  shall  document  the  reason  for  selection  of 
independent living as the most appropriate placement for the youth.
  (2) All of the following shall be in the case  record  before  a  youth  is 
placed in independent living:
  (a) The basis for concluding that a youth exhibits self-care potential.
  (b) That the youth's social service  worker  has  personally  observed  and 
determined that the living situation is safe.
  (c) The availability of specific and relevant resources  that  may  provide 
for suitable social, physical, vocational, and emotional needs of a youth.
  (d) An evaluation of a youth's need for supervision.
  (e) Proof that financial support to meet  the  youth's  housing,  clothing, 
food, and miscellaneous expenses is available.

  History: 1998-2000 AACS.


R 400.12505    Supervision.
  Rule  505.  (1)  An  agency  shall  provide  supervision  for  a  youth  in 
independent living consistent with  the  youth's  need  for  supervision,  as 
required by R 400.12504(2)(d).
  (2) An agency shall provide the following minimum supervision:
  (a) Face-to-face contact between the social service worker and the youth in 
independent living at least once each month at a youth's place of residence.
  (b) At monthly intervals, ensure that the youth is complying with the terms 
of the contract required by R 400.12509(2)(k), continues to reside in a  safe 
and acceptable environment, and is managing expenditures.
  (c) Provide the youth with a telephone number to contact the  agency  on  a 
24-hour, 7-days-a-week basis.

  History: 1998-2000 AACS.


R 400.12506    Education.
  Rule 506. An agency shall ensure that a  youth  in  independent  living  is 
working full-time, actively involved in job training or continuing education, 
or a combination of work and education.

  History: 1998-2000 AACS.


R 400.12507    Medical care.
  Rule 507. An agency  shall  ensure  that  a  youth  in  independent  living 
receives any needed medical and dental care. Medical and dental care provided 
shall be documented in the youth's record.

  History: 1998-2000 AACS.


R 400.12508    Termination.
  Rule 508. (1) When an agency terminates its independent living services for 
a youth, the agency shall document all of the following  information  in  the 
case record within 30 calendar days of termination of its services:
  (a) The reason for the termination.
  (b) The youth's new location.
  (c) A summary of the services provided  during  care  and  the  needs  that 
remain to be met.
  (d) Provision for any follow-up services.
  (2)  An  agency  shall  ensure  and  document  that  each  youth  who  ends 
independent living is provided with all of the following:
  (a) Basic information  about  health,  housing,  counseling  services,  and 
emergency resources.
  (b) A birth certificate.
  (c) A social security card.
  (d) The youth's funds and personal property.

  History: 1998-2000 AACS.


R 400.12509    Independent living record.
  Rule 509. (1) An agency shall maintain a case record for each youth  placed 
in independent living.
  (2) The case record shall contain all  of  the  following  information  and 
documentation,  which  shall  be  recorded  within  30  calendar  days  after 
placement in independent living and updated at least once every  90  calendar 
days:
  (a) All of the following personal information pertaining to the youth:
  (i) Name.
  (ii) Social security number.
  (iii) Address and telephone number.
  (iv) Date of birth.
  (v) Sex.
  (vi) Race.
  (vii) Height.
  (viii) Weight.
  (ix) Hair color.
  (x) Eye color.
  (xi) Identifying marks.
  (xii) A photograph updated on an annual basis.
  (b) Documentation of the agency's legal right to place a youth.
  (c) The names, addresses, dates of birth, and social  security  numbers  of 
the youth's parents, if any.
  (d) The names, dates of birth, and addresses of the  youth's  siblings,  if 
any.
  (e) The names and addresses of any offspring.
  (f) The names and addresses of any other significant persons.
  (g) Current documentation of  financial  support  sufficient  to  meet  the 
youth's housing, clothing, food, and miscellaneous expenses.
  (h) The date, location, documented purpose, and a summary of  the  findings 
of each contact between the youth and the social service worker.
  (i) Current adjustment.
  (j) The youth's relationship with family  members  and  agency  efforts  to 
resolve family conflicts.
  (k) A mutually agreed upon contract between the youth and the agency  which 
specifies the responsibilities of the agency  and  the  youth  and  which  is 
signed and dated by the youth and the social service  worker.   The  contract 
shall be reviewed and updated at least once every 90 calendar days and a copy 
provided to the youth.
  (3) An agency shall maintain the record for not less than 3 years after the 
agency's termination of services to the youth.

  History: 1998-2000 AACS.


                         PART 6.  ADOPTION EVALUATION SERVICES

R 400.12601    Department authorization.
  Rule 601. An agency shall be  authorized  by  the  department  to  evaluate 
applicants for adoption.

  History: 1998-2000 AACS.


R 400.12602    Program statement.
  Rule 602. (1) An agency shall have and follow  a  current  written  program 
statement.
  (2) The statement shall include all of the following information:
  (a) Eligibility requirements for adoptive parents.
  (b) A clear delineation of fees, charges, or other consideration  or  thing 
of value for adoption  services.   The  delineation  shall  include  specific 
charges for expenses and services within and outside  the  agency  and  shall 
differentiate between the charges that are refundable and  the  charges  that 
are not refundable.
  (c) Services and functions provided directly or indirectly.
  (d) Geographical area covered.
  (3) An agency shall provide the statement to  all  persons  making  inquiry 
about the agency's services.

  History: 1998-2000 AACS.


R 400.12603    Policy and procedures.
  Rule 603. (1)  An  agency  shall  have  and  follow  written  policies  and 
procedures for the adoption services provided.
  (2) The policies and procedures shall cover at least all of  the  following 
areas:
  (a) Orientation.
  (b) Adoptive evaluation.
  (c) Agency recommendation.
  (d) Intercountry services.
  (e) Adoption evaluation record.

  History: 1998-2000 AACS.


R 400.12604    Orientation.
  Rule 604.  A  social  service  worker  shall  provide  an  orientation  for 
prospective  applicants  for  adoption  before  an  adoptive  evaluation   is 
conducted. The orientation shall include a review of all of the following:
  (a) Program statement, policies, and procedures.
  (b) Services and resources available.
  (c) Fees and charges for services.

  History: 1998-2000 AACS.


R 400.12605 Adoptive evaluation
   Rule 605.  (1) An agency shall complete a written report  of  an  adoptive 
evaluation.  The evaluation shall be conducted by a social service worker. 
   (2) The report shall include the dates and places of contacts and  persons 
interviewed or observed. 
   (3) The report shall be an assessment of all of the following:
   (a) Visits at the residence of the  applicants  for  adoption  to  conduct 
observations of, and  interviews  with,  each  member  of  the  household  to 
determine all of the following: 
   (i) Marital and family status and  history,  including  current  and  past 
level of family functioning and relationships and any incidents  of  domestic 
violence. 
   (ii) Educational history and any special skills and interests.
   (iii) Employment history, current financial status, including property and 
income, money management skills and outstanding financial obligations. 
   (iv) Physical,  mental,  and  emotional  health  of  each  member  of  the 
household.
   (v) Any history of substance abuse of each member of the household.
   (vi) Parenting skills and attitudes toward children.
   (vii) Methods of discipline of children.
   (viii) Adjustment and special needs of the applicant's own children.
   (ix) Strengths and weaknesses of each member of the household.
   (x) Experiences with own parents and any history of out-of-home care.
   (xi) Reasons for adopting.
   (xii) Previous experience in providing child foster care, child day  care, 
or adult foster care.
   (xiii) Attitude towards accepting an adoptive child.
   (xiv) Willingness to parent  cross-racially  or  cross-culturally  and  to 
create an atmosphere that
fosters the racial identity and culture of an adopted child. 
   (xiv) Capacity and disposition to give an adopted  child  guidance,  love, 
and affection.
   (b) Previous adoption evaluations or placements.
   (c) Previous licenses, criminal convictions, and substantiated child abuse 
or neglect for any member of the household. 
   (d) Three references from persons not related to the applicants.
   (e) A medical statement for each member of the  household  that  indicates 
that the member has no known condition that  would  affect  the  care  of  an 
adoptive child. The statement shall be signed  by  a  physician,  physician's 
assistant or  nurse  practitioner  within  the  12-month  period  before  the 
adoptive evaluation. 
   (f) Adequacy of the applicant's house,  property,  neighborhood,  schools, 
and community for the purpose of adoption as determined by an on-site visit. 
   (g)  The  age,  number,  sex,  race,  ethnic   background,   and   special 
characteristics of children preferred by the applicants and the family's plan 
to discuss adoption with any child adopted. 

  History: 1998-2000 AACS; 2007 AACS.


R 400.12606    Agency recommendation.
  Rule 606. (1) An agency shall make a written recommendation  based  on  the 
findings of the adoptive evaluation with respect to both of the following:
  (a) Approval or denial of the applicants for adoption by a  social  service 
supervisor.
  (b) If approved, the number, sex, age, race, ethnic background, and special 
characteristics of adoptive children  who  may  be  placed  in  the  adoptive 
applicant home. A child's racial, ethnic, and  cultural  identity,  heritage, 
and background may only be considered if  an  assessment  of  the  individual 
child indicates that such consideration is in the best interests of the child.
  (2) If an agency concludes  that  an  individual  is  not  suitable  to  be 
approved, then  the  basis  for  the  decision  shall  be  specified  in  the 
recommendation.
  (3) An agency shall provide the applicants for adoption with a  signed  and 
dated copy of the evaluation and recommendation upon its completion.

  History: 1998-2000 AACS.


R 400.12607    Intercountry services.
  Rule 607. If an  agency  assists  a  Michigan  family  with  an  evaluation 
prepared specifically for the adoption of a child  born  outside  the  United 
States, then the agency shall comply with all of the following provisions:
  (a) The agency shall include in its program statement, under R 400.12602, a 
description of intercountry adoptive evaluation services provided.
  (b)  The  regulations  issued  by  the  United  States  federal  government 
regarding  the  procedures  for  United  States  citizens  adopting  from   a 
particular country and the regulations issued by that country  for  adoptions 
by foreigners shall be kept on file at the agency and shall be made available 
for review by persons considering adopting from the country.
  (c) If an agreement exists between a foreign government and an  agency,  an 
English language translation of verified written agreements with the  foreign 
government shall be on file at the  agency  and  available  for  review.  The 
agreement shall conform to the laws and regulations of the United States, the 
state of Michigan, and the foreign country.
  (d) If the agency has persons working in the foreign country  for  purposes 
of assisting prospective adoptive families, then the persons  are  considered 
staff of the agency.

  History: 1998-2000 AACS.


R 400.12608    Adoption evaluation record.
  Rule 608. (1) An agency shall retain a case record for each  applicant  for 
adoption.
  (2) The record shall contain all of the following:
  (a) Orientation documentation as required by R 400.12604.
  (b) Adoptive evaluation as required by R 400.12605.
  (c) Agency recommendation as required by R 400.12606.
  (3) An agency shall retain each record for not less than 3 years after  the 
agency's termination of services to the applicant.
  (4) If a branch or associate office of a  child-placing  agency  ceases  to 
operate, then the branch's or office's adoption records shall be forwarded to 
the central office of the branch or associate office.

  History: 1998-2000 AACS.



                             PART 7.  ADOPTION PLACEMENT SERVICES

R 400.12701    Department authorization.
  Rule 701. An agency shall  be  authorized  by  the  department  to  receive 
children for placement with adoptive parents.

  History: 1998-2000 AACS.


R 400.12702    Program statement.
  Rule 702. (1) An agency shall have and follow  a  current  written  program 
statement.
  (2) The statement shall include all of the following information:
  (a) Types of adoptions provided by the agency.
  (b) Procedures for selecting adoptive parents for a  child,  including  the 
role of the child's parent or guardian in the selection process.
  (c) The extent to which  the  agency  permits  or  encourages  exchange  of 
identifying information or contact between biological and adoptive parents.
  (d) A clear delineation of fees, charges, or other consideration  or  thing 
of value for adoption  services.   The  delineation  shall  include  specific 
charges for expenses and services within and outside  the  agency  and  shall 
differentiate between the charges that are refundable and  the  charges  that 
are not refundable.
  (e) Services and functions provided directly or indirectly, including  both 
of the following:
  (i) Counseling services and any other available services to a person who is 
releasing a child for adoption.
  (ii) Post-finalization services or counseling services provided to adoptive 
parents or to the adoptee.
  (f) Geographical area covered.
  (3) An agency shall provide the statement to all persons making inquiry  to 
release a child for adoption and to prospective adoptive parents.

  History: 1998-2000 AACS.


R 400.12703    Policy and procedures.
  Rule 703. (1)  An  agency  shall  have  and  follow  written  policies  and 
procedures for the adoption services provided.
  (2) The policies and procedures shall cover all of the following areas:
  (a) Safeguarding rights.
  (b) Release.
  (c) Recruitment.
  (d) Orientation.
  (e) Evaluation.
  (f) Placement.
  (g) Adoptive parent information.
  (h) Supervision.
  (i) Intercountry services.
  (j) Adoption placement record.

  History: 1998-2000 AACS.


R 400.12704    Safeguarding rights.
  Rule 704. An agency shall prescribe safeguards relating to  the  needs  and 
rights of all of the following entities:
  (a) Birth parents who are considering release of a child for adoption.
  (b) The child who becomes available for adoption.
  (c) The adoptive parents who apply to adopt or adopt a child.

  History: 1998-2000 AACS.


R 400.12705    Release.
  Rule 705. (1) An agency social service worker shall provide an  orientation 
for birth parents before the birth parents release their rights to a child.
  (2) The orientation shall include a review of all of the following:
  (a) Program statement, policies, and procedures.
  (b) Legal process for adoption.
  (c) Services and resources available.
  (d) Meaning and consequences of a release.

  History: 1998-2000 AACS.


R 400.12706    Recruitment.
  Rule 706. (1) An agency shall have an ongoing recruitment program to ensure 
an adequate number of suitable adoptive parents for the timely  placement  of 
all children available for adoption.
  (2) An agency shall base recruitment on all of the following criteria:
  (a) Ages and developmental needs of children.
  (b) Racial identity of children.
  (c) Sibling relationships of children.
  (d) Special needs of children.

  History: 1998-2000 AACS.


R 400.12707    Orientation.
  Rule 707. An agency social service worker shall  provide  and  document  an 
orientation for the adoptive parents before they are determined  suitable  to 
parent an adopted child. The orientation shall include a review of all of the 
following areas:
  (a) Program statement, policies, and procedures.
  (b) Needs and characteristics of children available for adoption.
  (c) Legal process for adoption.
  (d) Services and resources available.
  (e) Fees and charges for services.

  History: 1998-2000 AACS.


R 400.12708    Evaluation.
  Rule 708. An agency shall have on file a written  adoption  evaluation  and 
agency recommendation as required under R 400.12605 and  R  400.12606  before 
approving the  adoptive  parents  for  each  adoptive  placement  and  before 
referring a child to, or placing  a  child  in,  the  home  for  purposes  of 
adoption.

  History: 1998-2000 AACS.


R 400.12709    Placement.
  Rule 709. (1) An agency shall consider all  of  the  following  factors  in 
selecting appropriate adoptive parents for a child:
  (a) The physical, emotional, medical, and educational needs of the child.
  (b) The  child's  needs  for  continued  contact  with  the  birth  parent, 
siblings, relatives, foster parents, and other  persons  significant  to  the 
child.
  (c) The racial, ethnic, and cultural identity, heritage, and background.
The child's racial, ethnic, and cultural identity, heritage,  and  background 
may only be considered if an assessment of  the  individual  child  indicates 
that such consideration is in the best interests of the child.
  (2) An agency shall place a child  with  agency-approved  adoptive  parents 
consistent with the needs of the child identified in subrule (1) of this rule 
and the agency's adoptive parent recommendation as required by R 400.12708.
  (3)  An  agency  shall  require  a  social  service  supervisor,  or  chief 
administrator if the placement is recommended by a social service supervisor, 
to approve or deny the recommendation for placement  by  the  social  service 
worker. The approval shall be documented in the record.
  (4) A public or private agency may place a child in an unlicensed home  for 
the purposes of adoption if all of the following conditions have been met:
  (a) The adoptive parents have received orientation in accordance  with  the 
requirements of R 400.12707.
  (b) The evaluation of the prospective adoptive parents has  been  completed 
in accordance with the requirements of R 400.12605.
  (c) Supervisory approval of the placement has been documented in accordance 
with the requirements of subrule (3) of this rule.
  (d) The adoptive petition has been filed with the court.
  (5) The provisions of this rule do not prohibit a temporary placement  made 
under section 23d of chapter X of Act No. 288 of the Public Acts of 1939,  as 
amended, being §710.23d of the Michigan Compiled Laws.

  History: 1998-2000 AACS.


R 400.12710    Adoptive parent information.
  Rule 710. (1) An agency shall provide adoptive  parents  with  all  of  the 
following information before the placement of a child:
  (a) Child's name.
  (b) Date, time, and place of birth including  hospital,  city,  state,  and 
country.
  (c) Medical, social, and educational history of the child.
  (d) Child's racial, ethnic, and religious background.
  (e) Description of the child's family of origin, including age and  sex  of 
family  members,  relationship  to  the  child,  and  medical,  social,   and 
educational history of each member of the family.
  (f) Circumstances necessitating placement of the child.
  (g) Child's preparation for placement and attitude toward the adoption.
  (h) Any other known information to enable the adoptive parent to provide  a 
stable, safe, and healthy environment for the child.
  (2)  An  agency  shall  provide  adoptive  parents  with   any   additional 
information that becomes available to the agency after the placement  of  the 
adoptive child.

  History: 1998-2000 AACS.


R 400.12711    Supervision.
  Rule 711. (1) An agency shall provide post-placement  supervision  for  the 
adoptive family at the adoptive parent's home as needed, but  not  less  than 
once every 3 months, after the placement of a child and until the final order 
of adoption.
  (2) An agency shall assess and record the  child's  and  adoptive  family's 
adjustment and,    where needed, shall include plans to assist the  child  or 
adoptive family.
  (3) An agency shall keep the adoptive parents informed of  the  results  of 
the agency's continuing assessment of the placement at the conclusion of each 
visit.

  History: 1998-2000 AACS.


R 400.12712    Intercountry services.
  Rule 712. An agency that assists with the adoption of a child born  outside 
the United States shall comply with all of the following provisions:
  (a) The agency shall include in its program statement, under R 400.12702, a 
description of intercountry adoptive placement services provided.
  (b)  The  regulations  issued  by  the  United  States  federal  government 
regarding  the  procedures  for  United  States  citizens  adopting  from   a 
particular country and the regulations issued by that country  for  adoptions 
by foreigners shall be kept on file at the agency and shall be made available 
for review by persons considering adopting from the country.
  (c) If an agreement exists between a foreign government and an  agency,  an 
English language translation of verified written agreements with the  foreign 
government shall be on file at the  agency  and  available  for  review.  The 
agreement shall conform to the laws and regulations of the United States, the 
state of Michigan, and the foreign country.
  (d) If the agency has persons working in the foreign country  for  purposes 
of facilitating adoptive placements, then the persons are considered staff of 
the agency.

  History: 1998-2000 AACS.


R 400.12713    Adoption placement record.
  Rule 713. (1) An agency shall permanently retain a  case  record  for  each 
adoptive child after adoptive placement.
  (2) The record shall contain all of the following:
  (a) Orientation documentation as required by R 400.12707.
  (b) Evaluation documentation as required by R 400.12708.
  (c) Placement documentation as required by R 400.12709.
  (d) Supervision documentation as required by R 400.12711.
  (3) If a branch or associate office of a  child-placing  agency  ceases  to 
operate, then the agency shall forward  the  branch's  or  office's  adoption 
records to the central office of the branch or associate office.
  (4) If a child-placing agency ceases to  operate,  then  the  agency  shall 
forward its records to the Michigan family independence agency.

  History: 1998-2000 AACS.