2010 Michigan Compiled Laws
Chapter 400 - SOCIAL SERVICES
Act 218 of 1979 - ADULT FOSTER CARE FACILITY LICENSING ACT (400.701 - 400.737)

ADULT FOSTER CARE FACILITY LICENSING ACT
Act 218 of 1979
An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts.

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

• Section 400.701 - Short title.
• Section 400.702 - Meanings of words and phrases.
• Section 400.703 - Definitions; A.
• Section 400.704 - Definitions; C to F.
• Section 400.705 - Definitions; G to N.
• Section 400.706 - Definitions; P to Q.
• Section 400.707 - Definitions; R to T.
• Section 400.708 - Adult foster care licensing advisory council; creation; appointment, qualifications, and terms of members; vacancy; compensation; schedule for reimbursement; content and enforcement of rules; conducting business at public meeting; availability of writings to public.
• Section 400.709 - Administration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public.
• Section 400.710 - Rules; variance, modification, or change; purposes; restriction; review.
• Section 400.711 - Inspections; visitations; administration and enforcement of rules; reports; final determination as to license; public inspection of reports.
• Section 400.712 - Keeping and maintaining records and reports; examination and copying of books, records, and reports; confidentiality; inspection of records by resident.
• Section 400.713 - License required; application; form; investigation; on-site evaluation; issuance or renewal of license; disclosures; maximum number of persons; stating type of specialized program; issuance of license to specific person at specific location; transferability of license; sale of facility; notice; items of noncompliance; refusal by department to issue or renew license; conditions; unlicensed facility; violation as misdemeanor; penalty; receipt of completed application; issuance of license within certain time period; inspections; report; “completed application” defined.
• Section 400.713a - Fees.
• Section 400.714 - Temporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction.
• Section 400.715 - Temporary license; adult foster care congregate facility.
• Section 400.716 - Temporary license; prohibitions.
• Section 400.717 - Provisional license.
• Section 400.718 - Special license; rules.
• Section 400.719 - Regular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities.
• Section 400.720 - Certificate of approval from bureau of fire services and department of human services; compliance; denial or certification with limitations; hearing.
• Section 400.721 - Facility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment.
• Section 400.722 - Denying, suspending, revoking, refusing to renew, or modifying license; grounds; notice; hearing; decision; protest; receiving or maintaining adults requiring foster care as felony; penalty; relocation services; emergency license.
• Section 400.723 - Complaint; specifications; resolution of issues; notice; failure to resolve issues; hearing; decision; finality; issuance of license.
• Section 400.724 - Request for investigation; providing substance of complaint; disclosures; determining violation; initiation of investigation; findings; written determination or status report; final report; additional copies of documents; reimbursement; informing licensee of findings; public inspection of written determination; hearing; appeal.
• Section 400.725 - Appeal to circuit court.
• Section 400.726 - Name or designation of facility.
• Section 400.726a - Resident enrolled in licensed hospice program; exception to continuous nursing care requirement for purposes of MCL 400.703(4); do-not-resuscitate order included in assessment plan; protection to resident.
• Section 400.726b - Adult foster care; description of services to patients or residents with alzheimer's disease; contents; “represents to the public” defined.
• Section 400.727 - Posting license, inspection report, and other documents; retention of materials for public inspection.
• Section 400.728 - Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
• Section 400.729 - Providing foster care to person related to licensee or licensee's spouse.
• Section 400.730 - Injunction.
• Section 400.731 - Violation as misdemeanor; prohibited conduct.
• Section 400.731a - Person sentenced to perform community service.
• Section 400.732 - Notices required.
• Section 400.733 - Local ordinances, regulations, or construction codes.
• Section 400.734 - Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
• Section 400.734a - Repealed. 2006, Act 29, Eff. Apr. 1, 2006.
• Section 400.734b - Employing or contracting with certain employees providing direct services to residents; prohibitions; criminal history check; exemptions; written consent and identification; conditional employment; use of criminal history record information; disclosure; failure to conduct criminal history check; automated fingerprint identification system database; report to legislature; costs; definitions.
• Section 400.734b.amended - Employing or contracting with certain employees providing direct services to residents; prohibitions; criminal history check; exemptions; written consent and identification; conditional employment; use of criminal history record information; disclosure; failure to conduct criminal history check; automated fingerprint identification system database; report to legislature; costs; definitions.
• Section 400.734c - Disqualification from or denial of employment based on criminal history check; appeal; decision; report to legislature; "business day" defined.
• Section 400.735 - Repeal of MCL 331.681 to 331.694.
• Section 400.736 - Concurrent license as foster family home or foster family group home; receiving additional minor children; definitions.
• Section 400.737 - Concurrently licensing adult foster care small group home as child caring institution; receiving additional children under 18 years of age; limitation on combined licensed capacity; definition.