CHILDREN’S SERVICES AGENCY
DIVISION OF CHILD WELFARE LICENSING
FOSTER FAMILY HOMES
AND
FOSTER FAMILY GROUP HOMES
Filed with the Secretary of State secretary of
state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on
the director of the Michigan Ddepartment of health and Hhuman
Sservices by sections
2, 5, 10, and 14 of 1973 PA 116, and the Executive Reorganization Orders No. 1996-1, No. 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 and Executive Reorganization Order No. 2015-1,
MCL 400.227.of the Michigan Compiled Laws)
R 400.9101 Definitions.
Rule 101. (1) As used in these rules:
(a) "Act" means
1973 PA 116, as amended, being MCL 722.111 to 722.128.
(b) "Agency" means the child placing agency that certifies the foster home for licensure by the department.
(c) “Corporal punishment”
means hitting, paddling, shaking, slapping, spanking, or any other use of
physical force as a means of discipline, punishment, or behavior
management., except as provided in R
400.9404(2).
(d) "Department" means the Michigan department of health and human services.
(fe)"Foster
care" means the care, training, protection, and supervision of a foster
child. a child's placement
outside the child's parental home by and under the supervision of a child
placing agency, the court, or the department. Foster care does not include the
delegation of a parent's or guardian's powers regarding care, custody, or
property of a child or ward under a properly executed power of attorney under
the safe families for children act.
(gf) "Foster child" means a person who meets the
following criteria:
(ii) Is either of the following:
(A) Placed with or committed to the department for care and supervision by a court order under section 712A.2 of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(B) Is eighteen 18
years of age or older, was in foster care prior to turning eighteen18,
and agrees to remain in care following termination of court jurisdiction.
(h) “Foster home"
means a foster family home or foster family group home as defined in section 1 of the
act.
(j) "Infant"
means a child between birth and 12 months of age the date of the child’s first
birthday.
(k) "Member of the household" means
any person, other than foster children, who resides in a foster home on an
ongoing or recurrent basis.
(l) “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.
(m) "Substitute
care" means care that is provided to a foster child when the foster parent
is not present or not available.
(n)“Willful
noncompliance” means, 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.
(l) “Social services worker” means a person who performs social service functions prescribed by these rules.
(m) “SOGIE” means an individual’s sexual, orientation, gender, identity, and expression.
(2) A term defined in the act has the same meaning when used in these rules.
R 400.9102 Rule variance.
Rule 102. (1) The
department may grant a variance from an administrative rule if all of
the following provisions are satisfied:
(a) The agency and the foster parent have reviewed and agreed with the request.
(b) The agency requests the variance, in writing, from the department.
(c) The proposed variance
from the rule assures ensures that the health, care, safety,
protection, and supervision of a foster child are maintained.
(2) The decision of the
department, including the conditions for which the variance is granted, shall
must be entered upon the records of the department and a signed copy shall
be sent to the agency and the foster parent. The variance may be
time-limited or may remain in effect as long as the foster parent continues to assure
ensure that the health, care, safety, protection, and supervision of
foster children are maintained.
R 400.9201 Foster home applicant /licensee qualifications; central registry check.
Rule 201. (1) A
foster home applicant or licensee shall must meet all of the
following qualifications:
(a) Be 18 years of age or older.
(b) Be of good moral character.
(b) Be willing and can demonstrate the ability to meet the following requirements for children who are served by the agency:
(i) How to provide care.
(ii) Understanding the care needed and the ability to meet those care needs.
(iii) Has adequate time to provide care and supervision.
(iv) Work with a foster child’s current and future family.
(v) Willingness to accept a child’s spirituality, or religious beliefs or practices, even if they are different from the foster parent.
(vi) Willingness to accept and support a child’s SOGIE.
(c) Express a
willingness to provide care for children who are served by the agency.
(d) Demonstrate an
understanding of the care which must be provided to the children served by the agency.
(e) Express a willingness
to learn how to provide care to children served by the agency.
(f) Have adequate time
to provide care and supervision for the children.
(gc) Have a defined
legal source of income or resources and be capable of managing
that income, to meet the needs of the foster family.
(hd) Be
of such Have the physical, mental, and emotional health to assure
ensure appropriate care of children.
(i) Express a
willingness, and demonstrate the ability, to work with a
foster child's family or future family.
(je) Be of
responsible character and be suitable and able to meet the needs of children
and provide for their care, supervision, and
protection.
(k) Demonstrate a
willingness and ability to comply with the licensing rules for foster homes.
(lf) Be
residing in the United States legally.
(g) May live on a reservation.
(h) May be a confirmed member of a federally recognized Indian tribe.
(2) If an applicant is identified on the state central registry as a perpetrator of child abuse or neglect in this state, any other state, a Canadian province, or as part of a tribe, the applicant may not be licensed.
R 400.9202 Member of household qualifications; central registry.
Rule 202. (1) To
assure the safety and welfare of a foster child, a member of the
household shall meet all of the following qualifications:
(a) Be of good
moral character and suitable to assure the welfare of children.
(b) Be in a state of
physical, mental, and emotional health that will not impair the care of a
foster child.
(c) Be willing to
accept a foster child into the foster home as a member of the household.
(d) Be residing in the
United States legally.
(2) Any
adult member of the household who provides care for foster children shall also
meet the qualifications specified in R 400.9201. If an adult member of
the household is identified on the central registry as a perpetrator of child
abuse or neglect in this state, any other state, a Canadian province, or as
part of a tribe, the applicant may not be licensed.
Rule 203. Before completing and submitting an
application for an original license or transferring a license to another
certifying agency, each applicant/licensee for a foster home license shall
must attend orientation pursuant to R 400.12307.
R 400.9204 Application submission.
Rule 204. (1) A foster home
applicant shall must complete, sign, acknowledge, and
submit an application. within 30 days of receiving an application. If an
application is not submitted within 30 days of receipt, the application shall
be considered withdrawn.
(2) In a 2 multiple-caregiver
household, both caregivers all applicants shall must
sign acknowledge the application.
(3) An agency may
consider an application withdrawn after
60 days if the applicant fails to
cooperate, after attempts to actively engage the family, with the completion of
the licensing process.,
provided there are no known non-compliances that would result in disciplinary
action.
R 400.9205 Criminal history;
central registry Records check; “good moral character;”
convictions.
Rule 205. (1) A foster
home applicant/ or licensee shall must provide the
agency with the name of, and a signed release for, a criminal history and
child protective services check to obtain any of the following information about,
from each adult member of the household, including children who turn 18
years of age while living in the home:
(a) Conviction of a crime other than a minor traffic violation.
(b) Involvement in substantiated abuse or neglect of a child or adult.
(c) Placement on court-supervised parole or probation.
(2) If an applicant, licensee, or adult member of the household identifies as a member of a federally recognized Indian tribe or identifies that they have lived on a reservation, the certifying child placing agency must contact the specific tribal jurisdiction, including tribal social services or the tribal court, to determine whether that jurisdiction has relevant background information to provide to the department regarding the licensing approval. The department may proceed with the licensing application process using all other factors for licensing approval of the home if there is no tribal response.
(3) A foster home applicant or licensee must undergo a fingerprint-based, criminal history check.
(4) Any adult member of the household must undergo a state-based criminal history background check and, if applicable, contact with the appropriate jurisdiction as referenced in subrule (2) of this rule.
(5) A license may not be issued or maintained by an applicant or licensee unless the department has made a determination under MCL 338.42 regarding the applicant or licensee’s “good moral character” and convictions.
(26) By the next working day after
another adult moves into a currently licensed foster home, or upon the request
of the agency, a foster parent shall provide the agency with the name of the
adult and a signed release to obtain the information required in subrule (1) of
this rule. A
foster parent must provide the agency with the name of any adult who moves into
a licensed foster home within 3 working days, or upon the agency’s request. A
release must be signed by the adult to obtain the information required in
subrule (1) of this rule.
(3) If an applicant,
licensee, or adult household member is identified on central registry as a
perpetrator of child abuse or neglect in this state or any other state or
Canadian province, he or she shall not be licensed or reside in a licensed
foster home.
R 400.9206 Foster home evaluation.
Rule
206. A foster home applicant/licensee shall must do all of
the following:
(a) Allow the agency access to the foster home and any other buildings located on the premises for licensing and foster child supervision purposes.
(b) Truthfully assist
the agency in determining all of Provide accurate and truthful
information on an ongoing basis regarding the following:
(i) The applicant or
licensee’s Marital and family and marital status and history,
including the current and past previous level of family
functioning and relationships, and any current and previous incidents
of domestic violence, elder abuse, or child abuse, either
as a perpetrator or victim.
(ii) The circumstances surrounding any criminal convictions or arrests for each member of the household, including minor children.
(iii) Educational
history and any special skills and interests.
(iv) Employment
history, current financial status, including property and income, money
management skills, and outstanding financial
obligations.
(viii) Current
or past Pphysical, mental, and emotional health of each member of
the household, including
substance use, abuse, or treatment.
(vi) Any history of
substance abuse, including alcohol, drugs or controlled substances, by each
member of the household and a description of any treatment received.
(vii) Current substance
use, including alcohol, drugs, or controlled substances, by each member of the
household and a description of any treatment being received.
(iv) Parenting
skills and attitudes toward strategies
for building healthy relationships with children.
(ixv) Methods
of discipline of children.
(xvi) Adjustment
and special needs of the applicant’s own children, including children not
living in the home.
(xi) Strengths and
weaknesses of each member of the household.
(xii) Experiences with
own parents and any history of out-of-home care.
(xiii) Family’s
perception of the purpose of foster care.
(xiv) Reason for
applying to be a foster family.
(xvvii) Previous
licenses or experience in providing child foster care, child day care, or adult
foster care.
(xvi) Willingness of
each member of the household to accept a foster child with the child's
individual characteristics, needs, and background.
(xvii) Willingness to
parent cross-racially or cross-culturally and to create an atmosphere that
fosters the racial identity and culture of a foster child.
(xviii) Willingness and
ability to give a foster child guidance, love, and affection and accept the
child as a member of the household.
(xix) Willingness and
ability to work with a foster child’s birth family and to understand the foster
child's attachment to the birth family.
(xx) Understanding of
and willingness to participate in concurrent
planning.
(xxiviii) Existence
of a social support system including alternate care providers.
(xxii) Spirituality or
religious beliefs.
(x) Willingness to accept and support a child’s SOGIE.
(xi) Safety and maintenance of the applicant’s
house and property, including, but not limited to,:
sufficient beds and sleeping space, pets, guns firearms and other
weapons, and water hazards.
(xxiv) Assessment of
the neighborhood, schools, community, and available resources.
(c) Provide the agency with
all of the following:
(i) Three current references
related or non-related to the applicant/licensee. from persons not
related to the applicants.
(ii) A medical history
that includes all treatments and all prescriptions used by each member of the household.
(ii) Verification of completed pre-licensure training for each person listed on the license as outlined in R 400.12312(2) and (3).
(iii) A medical statement
that includes all treatments, and all prescriptions, and
medications being used by for each member of the household
that indicates that the member has no known condition which would affect
the care of a foster child. The statement shall must be signed by
a physician, physician's assistant, or nurse practitioner within the
12-month period before licensure
preceding the date of the initial evaluation. Any subsequent
household member added to the household must provide the medical statement
within 90 days.
(iv) A statement Information
regarding any past and/or current mental health treatment or
counseling by any member of the household.
R 400.9207 Foster home
reevaluations and special evaluations. Rescinded.
Rule 207. A foster
parent shall do all of the following:
(a) Allow the agency
access to the foster home for licensing and foster child supervision purposes.
(b) On an ongoing basis,
provide all changes to the factual information contained in the initial
evaluation and subsequent evaluations.
(c) Share information on
family functioning and interrelationships.
(d) Provide a preference
for receiving children in placement, including the characteristics, age, sex,
race, ethnic background, and number of children the foster parents would not
wish to accept in placement.
PART 3. THE FOSTER HOME
R 400.9301 Maintenance.
Rule 301. (1) A foster
parent shall ensure that the home, grounds, and all property,
structure,s on the grounds of the property are maintained in a clean,
safe, and sanitary condition, and in a reasonable state of repair within
community standards. premises, and furnishings of a foster home are
constructed and maintained in a clean and safe condition and in good repair.
(2) A foster parent shall ensure that the property,
structures, premises, and furnishings are adequately constructed and maintained
to meet the needs of each foster child and each member of the household.
(32) A foster
parent shall ensure that all animals are safe to be around members of the
household and the children who may be placed in the home. The foster
parent shall notify the agency within 3 business days when new pets are
acquired. Animals shall must be licensed and
vaccinated in accordance with the state, tribal, and local laws of
the municipality where the foster home is
located.
(4) Before using a
residential pool, spa, or hot tub, the foster parent shall ensure that the
water is clean, safe, and sanitary.
(53) Children
must be adequately supervised at all times around during
any water activity as appropriate
for their age and functioning level.
(4) Swimming pools on the premises must meet all the following:
(a) State, tribal, and local safety requirements.
(b) Availability of rescue equipment at all times.
(c) A working pump and filtering system if the swimming pool cannot be emptied after each use.
(d) A swimming pool that cannot be emptied after each use must have a barrier on all sides and access through the barrier must be equipped with a safety device. For more information, access “Safety Barrier Guidelines for Residential Pools” on the U.S. Consumer Product Safety Commission website.
(6) If there is a
residential pool, spa, hot tub, pond, or other body of water on the premises,
rescue equipment shall be available at all times. There shall be an alarm on
any exterior door that leads directly to the pool, spa, hot tub, pond, or other
body of water.
(5) Spas or hot tubs must have safety covers that are locked when not in use.
(6) There must be an alarm on any exterior door that leads directly to a pond or other body of water, and water rescue equipment must be available at all times.
R 400.9302 Heat, light, and ventilation.
Rule 302. (1) A foster parent shall ensure that the foster home heat, light, and ventilation is adequate.
(2) A foster parent shall ensure that the foster home windows and doors are screened if used for ventilation. This subrule does not apply to those homes where windows or doors, or both, are not used for ventilation.
R 400.9303 Flame and
heat-producing equipment; maintenance; inspection.
Rule 303. (1) A foster
parent shall ensure that all of the following items are maintained in safe condition:
(a) Furnace.
(b) Water heater.
(c) Fireplace.
(d) Pipes.
(e) Radiators.
(f) Wood-burning stoves.
(g) Other flame-producing or heat-producing equipment.
(2) Portable heating devices
may be used for up and awake activity,
may not be used except in
bedrooms.
R 400.9305 Bathrooms; water supply; sewage disposal.
(a) Aa minimum of
1 flush toilet, 1 washbasin sink that has warm and cold
running water, and 1 bathtub or shower that has warm and cold
running water, all of which shall must be in working order.
(2b) A
foster parent shall ensure that Tthe temperature of water
available from outlets accessible to a foster child shall may not
exceed 120 degrees Fahrenheit.
(3c) A
foster parent shall ensure that Tthe foster home that
provides care to a foster child, who regularly requires the use of a wheelchair,
has bathroom facilities that are readily accessible to the foster child who regularly requires the use
of a wheelchair, walker, or any other durable medical equipment.
(4d) A
foster parent shall ensure that Tthe foster home water supply
is from a source that is approved for a private home by the health authority.
(5e) A
foster parent shall ensure that Aall sewage is disposed of
through a public system or, in the absence of a public system, in a manner that
is approved for a private home by the health
authority.
R 400.9306 Bedrooms.
Rule 306. (1) A foster
parent shall ensure that bedrooms comply with all of the following
provisions:
(a) Provide an adequate opportunity for both rest and privacy and access to adult supervision as appropriate for the age and functioning level of each child. The use of video cameras in a bedroom of any foster child over the age of 2 is strictly prohibited.
(b) Have not less than
40 square feet of floor space per person, excluding closets.
(cb) Have
sufficient space for the storage of clothing and personal belongings. Have
sufficient space for all the following:
(i) Occupants.
(ii) Beds with adequate head clearance for each child.
(iii) Space to store clothing and personal belongings.
(iv) A clear path to the bed, belongings, and the door.
(dc) Have
a finished ceiling, floor-to-ceiling permanently affixed walls, and finished
flooring. Have painted or sealed surfaces, privacy barriers, and hazard-free
flooring.
(ed) Have a
latchable door that leads directly to a means of egress. As used in this rule,
latchable means that the door can be closed and will remain closed until
someone opens it. Latchable does not mean lockable.
(fe) Have at
least 1 outside window that complies with all of the following: provisions:
(i)
Is accessible to children and caregivers
the room’s occupant or occupants.
(ii) Can be readily opened from the inside of the room.
(iii) Is of sufficient
size and design to allow for the evacuation of children and caregivers the
room’s occupant or occupants.
(f) If a family member occupies or uses a level of a home that is above the second floor, then the building must have 2 exits to ground level, at least 1 of which must provide a direct means of egress to the outside at ground level.
(g) The bedroom must
Bbe free from of all of the following:
(i) Household heating equipment Furnace.
(ii) Water heater.
(iii) Clothes washer. Portable heating
devices.
(iv) Clothes dryer.-
(2) A foster parent
shall not use as a bedroom a room that is primarily used for purposes other
than sleeping. A foster parent shall not use any of the following as a bedroom A room that is primarily
used for purposes other than sleeping may not be used as a bedroom, and
includes the following:
(a) A hall.
(b) A closet.
(c) A stairway.
(d) A garage.
(e) A shed.
(f) A detached building.
(g) A room or space, including an attic, that is accessible only by a ladder, folding stairway, or through a trapdoor.
(h) A common area of the home.
(a) The standards
set forth in the U.S. Consumer Product Safety Commission, Safety Standards for
Full Size Baby Cribs and Non-Full Size Baby Cribs; Final Rule, 16 CFR Parts
1219, 1220 and 1500, (http://www.cpsc.gov) for the age of the child using the
equipment. and also comply with all of the following conditions:
(ab) Pillows,
linens, and mattresses must be clean, safe, age appropriate, and in good
repair. All blankets shall be appropriate for the weather.
(b) All bedding and
equipment shall be in good repair and cleaned and sanitized before being used
by another person.
(c) All bedding used by
children shall be washed when soiled or weekly at a minimum.
(d) A clean pillow is
available for children 2 years of age and older.
(ec) Infants,
birth to 12 months of age, shall must rest or sleep alone only
in a crib, bassinet, or Pack ‘n Play, based on the age, size, that
meets the and needs of the infant. and the conditions of
subdivision (f) of this subrule.
(f) All cribs
shall be equipped with all of the following:
(i) A firm,
tight-fitting mattress with a waterproof, washable covering.
(ii) No loose, missing,
or broken hardware or slats.
(iii) Not more than 2
3/8 inches between the slats.
(iv) No corner posts
over 1/16 inches high.
(v) No cutout designs
in the headboard or footboard.
(vi) A tightly fitted
bottom sheet shall cover the mattress with no additional padding placed between
the sheet and mattress.
(d) A foster parent must follow the department’s safe sleep practices located at www.michigan.gov/dhhs.
(g) An infant's head
shall remain uncover(g)ed during sleep.
(he) Soft
objects, bumper pads, stuffed toys, blankets, quilts or comforters, and other
objects that could smother a child Objects may not be placed or draped
over a crib, bassinet, or Pack ‘n Play and an infant’s head may not be covered
during sleep. with or under a resting or sleeping infant.
(i) Blankets shall not
be draped over cribs.
(j) Infant car seats,
infant seats, infant swings, bassinets, highchairs, playpens, pack'n plays,
collapsible cribs, collapsible playyards, waterbeds, adult beds, soft
mattresses, sofas, beanbags or other soft surfaces are not approved sleeping
equipment for children 24 months of age or younger.
(k) Children 24 months
or younger who fall asleep in a space that is not approved for sleeping shall
be moved to approved sleeping equipment appropriate for their size and age.
(lf) The
foster parent shall must have the appropriate number and types
of beds/cribs sleeping equipment available in the home prior to
licensure or a change in terms for all children who will be covered under the
terms of the license.
R 400.9307 Exits. Rescinded.
Rule 307. (1) A
foster parent shall ensure that there are 2 exits from each floor level used by
a family member. A foster parent shall ensure that the exits are remote from
each other and that 1 of the exits provides a direct, safe means of
unobstructed travel to the outside at street or ground level.-
(2) A window may be used
as a second exit if it is in compliance with all of the following provisions:
(a) Is accessible to children and caregivers
.
(b) Can be readily opened from the inside of the room.
(c) Is of sufficient a
size and design to allow for the evacuation of children and caregivers.
R 400.9308 Telephone.
Rule 308. (1) A foster
parent shall ensure that a working telephone is available in the foster home at
all times or in close walking proximity to the foster home.
(2) A foster parent shall
ensure that emergency telephone numbers, including Poison Control, which
follow appropriate agency protocol are within sight of the telephone are posted in a prominent
place in the home.
(3) The foster parent shall
must provide the home telephone number to the certifying agency
and shall inform the agency within 24 hours if the number changes.
R 400.9309 Wheelchair access; other durable medical equipment.
Rule 309. A foster parent shall ensure that a foster home that provides care to a foster child who regularly requires the use of a wheelchair, a walker, or any other durable medical equipment, is accessible.
R 400.9310 Smoking.
Rule 310. (1) An
individual shall may not smoke any substance inside the foster
home while foster children are placed in the home.
(2) An individual shall
may not smoke any substance inside a vehicle while transporting foster
children.
(d) An infant unable to
roll from stomach to back, and from back to stomach, when found face down,
shall be placed on his or her back.
(e) An infant who can
easily turn over from his or her back to his or her stomach shall be initially
placed on his or her back but allowed to adopt whatever position he or she
prefers for sleep.
(g) The foster parent
shall maintain supervision and frequently monitor infants' breathing, sleep
position, and bedding for possible signs of distress. Baby monitors shall not
be used exclusively to comply with this subdivision.
(2) All children in the home must be treated equitably, meaning each child has similar sleeping arrangements as other household members.
(3) Foster parent or parents must designate sleeping arrangements that are appropriate for each child’s age, SOGIE, medical and mental health needs, behavior, and history of abuse.
(34) A child
who is non-ambulatory and cannot readily be carried by 1 member of the
household shall must sleep in a bedroom that has a means of
exiting at ground level.
(5) A child shall
may not share a bedroom with a non-parent adult unless 1 of the
following conditions exists:
(a) The child and adult
are siblings. of the same sex.
(b) The child and adult are foster siblings who were sharing the bedroom prior to 1 of them turning 18 years of age.
(c) The child has a special medical need that requires the attention of an adult during sleeping hours.
(6) A minor child, 3
years of age or older, shall not routinely share the same bedroom with a parent.
(7) Children of the
opposite sex, any of whom are more than 5 years of age, shall not share the
same bedroom.
(86) Each
child shall must sleep alone or may share a bed with a sibling
in a bed based on that is sufficient to meet the functioning
level, size, length, and other special needs of the child.
(9) Resting or sleeping
areas shall have adequate lighting to allow the foster parent to assess
children.
R 400.9402 Child placement.
Rule 402. (1) A
foster parent shall receive a foster child for care only within the approved
placement specifications and the terms of the foster home license. Placement
of a foster child must only be received from the agency that
certified the home or from another agency with the prior approval of the agency
that certified the home.
(2) A foster parent
shall receive a foster child for care only within the terms
of the foster home license.
(3) A foster parent
shall receive a foster child for care only from the
agency that certified the home or from another agency with the prior approval
of the agency that certified the home.
R 400.9403 Foster parent duties.
Rule 403. A foster parent shall carry out each of the following functions:
(a) Cooperate with and assist the agency in the agency's implementation of the service plan for children and their families.
(b) Fully disclose to the
agency information concerning a foster child's progress, strengths, and problems
needs.
(c) Provide written notification to the agency of the need for a foster child to be moved from the foster home not less than 14 calendar days before the move, except when a delay would jeopardize the foster child's care or safety or the safety of members of the foster family.
(d) Maintain a copy of
and follow the agency's written policies and procedures for foster parents and
foster care, including the policies and procedures for all of the following:
(i) Behavior management
as required by R 400.12313.
(ii) Religion as
required by R 400.12314.
(iii) Communication as
required by R 400.12315.
(iv) Education as
required by R 400.12409.
(v) Personal possessions
as required by R 400.12316.
(vi) Allowance and
money, as required by R 400.12317.
(vii) Clothing as
required by R 400.12318.
(viii) Emergencies as
required by R 400.12323.
(ix) Medical and dental
care as required by R 400.12413.
(x) Substitute care as
required by R 400.12319.
(xi) Supervision as
required by R 400.12320.
(xii) Incidents
reporting as required by R 400.12322.
(xiii) Hazardous
materials as required by R 400.12321.
R 400.9404 Behavior management.
Rule 404. (1) A foster
parent shall must follow the behavior management behavioral
support plan developed for each foster child by the child's social services
worker.
(2) A foster parent may use
reasonable restraint methods of physical intervention to prevent
a foster child from harming himself or herself, or other persons.or
property or to allow the child to gain control of himself or herself.
(3) A foster parent shall
may not physically discipline or use corporal punishment for any
reason with a foster child and will intervene with a child in ways that are
trauma-responsive, positive, and consistent, and are based on each foster
child’s needs, stage of development, and behavior. Children must always be
treated with dignity, sensitivity, compassion, and respect.
(4) All the following are prohibited:
(a) Corporal punishment, any type of restraint, or any kind of punishment inflicted on the body.
(b) Confinement in an area such as a closet or locked room.
(c) Withholding food, clothing, rest, toilet use, or entrance to the foster home.
(d) Mental or emotional cruelty.
(e) Verbal abuse, including the use of derogatory or discriminatory language, including negative references to the child’s SOGIE, yelling at youth, threats, ridicule, or humiliation.
(f) Prohibiting visits or communication with a foster child’s family.
(g) Denial of necessary educational, medical, counseling, or social work services.
R 400.9405 Religion and spirituality.
Rule 405. A foster
parent shall follow the agency's religion policy. (1) An agency’s
religion policy must, at a minimum, ensure that the foster child has the
opportunity to receive religious instruction and may participate or choose not
to participate in religious or spiritual instruction, engage or choose not to
engage in religious or spiritual practices, or attend or choose not to attend
religious or spiritual services.
(2) A foster child may not be required to attend religious or spiritual services or follow specific religious or spiritual doctrine.
R 400.9406 Communication.
R 400.9407 Education.
Rule 407. A foster
parent shall cooperate with the agency to implement the education or training
plan for a foster child to ensure that a school-age child attends school or a
training program and shall participate with the school or the training
program in educational planning.
(1) Within 5 school days of placement, an agency must provide for the
enrollment of each child of school age, as defined by state law, into a school
program.
(2) A foster parent must cooperate with the agency to implement the education or training plan for a foster child to ensure that a school age child attends school or a training program and will participate with the school or the training program in education planning.
R 400.9408 Personal possessions.
Rule 408. A foster parent shall comply with both all
of the following:
(a) Assure Ensure
that a child has a right to have his or her personal possessions
during placement with the foster family or and to hasve
them returned stored in a safe and secure manner when leaving the
foster family.
(b) Safely store a child’s personal possessions.
(bc) All gifts and clothing that are purchased
for the child during placement with the foster family remain the property of
the foster child.
R 400.9409 Allowance and money.
Rule 409. (1) A foster
parent shall must apply both of the following regarding a
child’s allowance and money: the agency's policy on allowance.
(a) General guidelines that provide a monetary range based on a child’s age.
(b) Allowance for specific youth will be determined by the social services worker and the foster parent based on the child’s age and treatment needs.
(2) Any money earned or received directly by the child remains the property of the child.
R 400.9410 Clothing.
(2) All clothing the child has when he or she arrives at the foster home and all clothing purchased for the child while in the foster home remains the property of the foster child, unless returned to the biological parent or parents.
Rule 411. (1) A foster
parent shall must have a written emergency evacuation plan
displayed in a prominent place in the home. follow agency approved
written procedures for each of the following emergencies:
(a) Fire.
(b) Tornado.
(c) Serious accident or injury.
(2) A foster parent who
provides care for a person who requires assistance to evacuate the home shall
follow agency approved written procedures for prompt evacuation.
(32) A foster
parent shall must familiarize each member of the household,
including the foster child according to the child's ability to understand and
persons who provide substitute care and supervision, with the
emergency and evacuation procedures.
(43) A
foster parent shall practice emergency evacuation procedures at least 1 time
every 4 months. A foster
parent must maintain first aid supplies in the home.
R 400.9412 Medical and dental care.
Rule 412. (1) A foster
parent shall follow and carry out the health plan for a foster child as
prescribed by a physician, health authority, or the agency.
(2) A foster parent shall follow agency approved protocols for medical care of a foster child who is injured or ill.
(3) A foster parent shall ensure
that all medications, both prescription and nonprescription, are inaccessible
to children and properly stored and are accessible as appropriate
for the age and functioning level of the child. as and unless there is
an alternative direction from the prescribing physician.
(4) A foster parent shall ensure that prescription medication is given or applied as directed by a licensed physician.
R 400.9413 Substitute care
Supervision.
Rule 413. (1) A foster
parent shall follow the agency's substitute care policy.
(21) A foster
parent shall always ensure that appropriate care and supervision are
provided for foster children at all times consistent with the child's treatment plan. an appropriate level of care
and supervision for the foster child, consistent with a child’s age, level of
functioning, and treatment plan.
(32) A
foster parent shall identify at least 1 adult
who would care for the foster child for an extended overnight period. The
identified adult must have both a central registry and a criminal history
background check. primary substitute caregiver who agrees to follow the
policies of the certifying agency.
(3) A foster parent must notify the agency of any extended, overnight period when a foster child will be out of the home for a period exceeding 3 days.
R 400.9414 Unusual incident notification.
Rule 414. (1) A foster
parent shall must immediately notify the agency regarding any
of the following: of the death of a foster child.
(a) The death of a foster child.
(b) The removal or attempted removal of a foster child from a foster home by any person not authorized by the agency.
(c) The foster child is missing.
(d) Any illness or serious injury that results in inpatient hospitalization of a foster child.
(2) A foster parent shall
immediately notify the agency of the removal or attempted removal of a foster
child from a foster home by any person not authorized by the agency.
(3) A foster parent shall
immediately notify the agency that a foster child is missing.
(42) A foster
parent shall must notify the agency within 24 hours after the
foster parent knows of any of the following:
(a)
Any illness that results in inpatient hospitalization of a foster child.
(ba) Any accident
or injury of a foster child that requires medical treatment by a licensed
or registered health care person.
(cb) A
foster child's involvement with law enforcement authorities.
(dc) Pregnancy
of a foster child.
(ed) Incidences
of child-on-child abuse.
(fe) Involvement
with law enforcement by anyone in the home pursuant to a criminal
investigation.
R 400.9415 Hazardous materials and firearm storage.
(2) Dangerous equipment and objects, weapons, chemicals, medications, poisonous materials, cleaning supplies, and other hazardous materials that may present a risk to children placed in the foster home must be stored securely and out of the reach of children, as appropriate for the age and functioning level of the children.
(3) Unless carried in the licensed home and on the licensed property as permitted by law, firearms and ammunition must be stored as follows:
(a) Firearms must be all of
the following:
(i) Locked in compliance with 1 of the following:
(A) By a cable-lock.
(B) By a trigger-lock.
(C) In a gun safe.
(D) A solid metal gun case.
(E) A solid wood gun case.
(ii) Unloaded.
(iii) Separate from ammunition, however, as long as the firearm is stored in compliance with subrule 3(a)(i)(C) to (E) of this rule, the ammunition may be stored together with the firearm in the same locked safe or case.
(iv) Inaccessible to children.
(b) Ammunition must be stored in a locked location and inaccessible to children.
(c) All applicable laws regarding the possession, use, transportation, and storage of firearms and ammunition, including for hunting, still apply.
(d) Licensees with a CPL may possess a firearm pursuant to the law in a vehicle on the licensed property, provided it is done so in such a manner to prevent foster children from having access to it, such as being on the licensee’s person or stored in a locked container.
(e) Licensees may engage in hunting, range shooting, and target practice with a foster child in accordance with the reasonable and prudent parenting standard as defined in section 1 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1.
R 400.9416 Foster parent training.
Rule 416. (1) Each
licensed foster parent shall must attend training as required by
the agency’s foster parent training plan, totaling to at least 6 clock
hours per year.
R 400.9417 Food and nutrition.
Rule 417. (1) A
foster parent shall provide for the nutritional needs of each foster child in
the foster home.
(21) A
foster parent shall provide a foster child with meals that are nutritious,
well- balanced, and of sufficient quantity.
(32) A
foster parent shall provide a special diet if a foster child has been
prescribed a special diet. Only a licensed physician or other health
professional under the supervision of a licensed physician may prescribe
special diets. A foster parent
must allow the foster child to eat with other members of the family and serve a
foster child the same meals as other members of the household, unless a special
diet has been prescribed by a licensed physician or unless otherwise dictated
by differing nutritional requirements related to the child's age, medical
condition, or religious beliefs.
(4) A foster parent
shall allow a foster child to eat with other members of the household.
(5) A foster parent
shall serve a foster child the same meals as other members of the household,
unless a special diet has been prescribed or unless otherwise dictated by
differing nutritional requirements related to the child's age, medical
condition, or religious beliefs.
(63) A foster
parent shall ensure that refrigeration is used for perishable foods.
(74) If
milk is being provided to foster children, Aa foster parent shall
may only serve pasteurized milk products to foster children.
R 400.9419 Recreation.
Rule 419. A foster parent shall
must provide opportunities for, and encourage a foster child to
participate in, a variety of indoor and outdoor recreational activities that
are appropriate for the child's age and ability.
R 400.9420 Transportation.
Rule 420. (1) All
transportation shall must be done in a safe, responsible manner.
(2) A foster parent shall ensure that the transportation of the foster child, foster parents, and members of the household is conducted as required by state laws regarding transportation in a motor vehicle.
PART 5. REPORTING AND RECORDKEEPING
R 400.9501 Reporting suspected child abuse or neglect.
Rule 501. (1) A foster
parent who has reasonable cause to suspect physical or sexual abuse or
neglect of a child shall must make a report immediately to the
child protective services central intake unit of the department. of
human services. or a law
enforcement agency.
(2) If the suspected physical
or sexual abuse or neglect occurred in the foster home or to a foster child
placed in the foster home, then a foster parent shall must make a
report immediately to both of the following entities:
(a) The child protective
services central intake unit of the department of health and human services.
(b) The agency.
(3) The foster parent shall
provide a written report as required by section 3 of the child
protection law, 1975 PA 238, MCL 722.621 to 722.638 722.623.
R 400.9502 Reporting foster home changes.
Rule 502. A foster parent shall
report to the agency any significant changes in the foster home by the
next working business day from the time a foster parent knows of
a change, including any of the following changes:
(a) A change of employment
status of a foster parent.
(ba) Serious
illness, injury, or death of a foster parent. or a member of the household.
(cb) Changes
in household composition.
(dc) Arrests
and criminal convictions of a foster parent or member of the household.
(ed) Court-supervised
parole or probation of a foster parent or member of the household.
(fe) Admission
to, or release from, a correctional facility, a facility, a hospital, or
an institution for the treatment of an emotional, mental, or substance abuse
problem of a foster parent or member of the
household.
(gf) Counseling
Assessment, treatment, or therapy on an outpatient basis for an
emotional, mental, or substance abuse problem disorder of a
foster parent or member of the household.
(hg) Any
revocation or modification of a driver's license.
(ih) Any
major changes or renovations to the structure of the foster home.
R 400.9503 License application filing; agency notification.
(2) If the foster home is
licensed concurrently as an adult foster care family home or a child care group
home or registered as a family child care home, the foster parent shall must
notify the agency if there is a change in the terms of the adult foster care
or child care license or registration.
Rule 505. (1) A foster
parent shall keep information obtained, and records maintained, obtained
by the foster parent regarding a foster child and a foster child's parents
and relatives confidential under section 10(3) of the act, MCL 722.120. and
shall release information only to a person authorized by the agency placing the
child in the foster home.
(2) The requirements in
subrule (1) of this rule shall may not prohibit a foster parent
from communicating with any person or organization that has a statutory
privilege or any person representing the foster parent in an administrative
or judicial proceeding involving the foster parent in licensing, Central
Registry expunction, or any civil legal
matter.
R 400.9506 Record management.
Rule 506. (1) A foster
parent shall maintain a record for each foster child in the home.
(2) The record shall
contain all of the following current information:
(a) The child's name and
date of birth.
(b) Any known history of
abuse or neglect of the child.
(c) All known emotional
and psychological problems of the child.
(d) All known behavioral
problems of the child.
(e) Circumstances
necessitating placement of the child.
(f) 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.
(g) Date of placement,
date of termination of placement, and reasons for termination of placement.
(h) Name, address, and
telephone number, including emergency telephone number, of the agency and the
agency's social service worker who is currently assigned to the child.
(i) Name, address, and
telephone number of the child's physician and
dentist.
(j) Written consent
authorizing the foster parent to obtain routine, non-surgical medical care and
to authorize emergency medical and surgical
treatment.
(k) A report of the
child's medical history.
(l) Dates of, and
reasons for, medical treatment of the foster
child.
(m) Child's behavior
management and discipline plan.
(31) A foster
parent shall store and maintain each all records in a
manner to prevent unauthorized access or return the documents to the agency received on behalf of the
child.
(42) When a
foster child moves from the foster home, all records regarding that
child shall must be returned to the agency.
(53) Upon
closure of the foster home license, all records provided by the child placing agency shall must
be returned to the agency.