These rules take effect immediately upon filing with the
secretary of state unless adopted under section 33, 44, or 45a(69)
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 Ddepartment of Hhealth
and Hhuman Sservices by sections 2, 5, 10, and 14 of 1973 PA 116, and
Reorganization Nos. 1996-1,
1996-2, 2003-1, 2004-4, and Executive
Order 2015-004; MCL 722.112, 722.115,
722.120, and 722.124, and
Executive Reorganization Order No. 2015-1, MCL 400.227.330.3101,
333.5111, 445.2001, 445.2011, and 400.226)
R 400.12707 of the Michigan Administrative Code is rescinded, and R 400.12101, R 400.12102, R 400.12103, R 400.12104, R 400.12202, R 400.12203, R 400.12204, R 400.12205, R 400.12206, R 400.12207, R 400.12208, R 400.12209, R 400.12210, R 400.12211, R 400.12212, R 400.12213, R 400.12214, R 400.12301, R 400.12302, R 400.12303, R 400.12304, R 400.12305, R 400.12306, R 400.12307, R 400.12308, R 400.12309, R 400.12310, R 400.12311, R 400.12312, R 400.12313, R 400.12314, R 400.12315, R 400.12316, R 400.12317, R 400.12318, R 400.12319, R 400.12320, R 400.12321, R 400.12322, R 400.12323, R 400.12324, R 400.12325, R 400.12326, R 400.12327, R 400.12328, R 400.12401, R 400.12402, R 400.12403, R 400.12404, R 400.12405, R 400.12409, R 400.12411, R 400.12413, R 400.12415, R 400.12417, R 400.12418, R 400.12419, R 400.12420, R 400.12421, R 400.12422, R 400.12501, R 400.12502, R 400.12503, R 400.12504, R 400.12505, R 400.12506, R 400.12507, R 400.12509, R 400.12510, R 400.12511, R 400.12601, R 400.12602, R 400.12603, R 400.12604, R 400.12605, R 400.12606, R 400.12607, R 400.12608, R 400.12701, R 400.12702, R 400.12703, R 400.12704, R 400.12705, R 400.12706, R 400.12708, R 400.12709, R 400.12710, R 400.12711, R 400.12712, R 400.12713, R 400.12801, R 400.12802, R 400.12803, R 400.12804, R 400.12805, R 400.12806, R 400.12807, and R 400.12808 are amended, as follows:
R 400.12101 Definitions.
Rule 101. (1) As used in these rules:
(a) “Act” means 1973 PA
116, MCL 722.111 to 722.128.,and known as the child care organizations
licensing act.
(b) “Agency” means a
child-placing agency as defined in section 1 of the act, MCL 722.111.
(c) "Case record" means the individual file, including electronic records, kept by an agency concerning a child who has been placed by the agency.
(cd) “Chief
administrator” means the person designated by the licensee as having the
day-to-day responsibility for the overall administration of a child placing
agency and for assuring the care, safety, and protection of children and
families served.
(de) “Concurrent
planning” means simultaneously planning for reunification and alternative permanence.
(e) “Contribution”
means the payment of money or donation of goods or services.
(f) “Contractor” means a person contracted to perform services or to provide supplies to a child placing agency.
(fg) “Corporal
punishment” means hitting, paddling, shaking, slapping, spanking, or any other
use of physical force as a means of behavior management. except as
provided in R 400.12313(4).
(gh) “Department”
means the Michigan department of health and human services.
(hi) “Deemed
status” means a status conferred on an organization based on a professional
standard’s review by a national accrediting organization that recognizes that
the organization’s programs meet certain effectiveness criteria.
(ij) “Emergency
placement” means a placement that is made in response to a sudden unexpected occurrence that demands
immediate action.
(k) “Foster care” means 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, 2018 PA 434, MCL 722.1551 to 722.1567.
(jl) “Foster
child” means a person who meets all of the following criteria:
(i) Resides in an
out-of-home placement based on a court order or who has been reunified with a
parent or guardian but continues under the wardship and supervision of the
court or is temporarily placed by a parent or guardian for a limited time in a
foster home as defined by section 1 of 1973 PA116, MCL 722.111 or has been
released by a parent to the department or a child placing agency
under section 22 of 1939 PA 288,
MCL 710.22
(ii) Is placed with or
committed to the department for care and supervision by a court order under
section 2 of 1939 PA 288, MCL 712A.2.
(iii) Is less than 18
years of age or is 18 years of age or older and was in foster care before
turning 18 year of age and agrees to remain in care following termination of
court jurisdiction.
(i) Resides in an out-of-home placement based on a court order or is temporarily placed by a parent or guardian for a limited time in a foster home as defined by the act or has been released by a parent to the department or a child placing agency pursuant to section 22 of the probate code of 1939, 1939 PA 288, MCL 710.22.
(ii) Is either of the following:
(A) Placed with or committed to the department for care and supervision by a court order under section 2 of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(B) Is 18 years of age or older, was in foster care prior to turning 18, and agrees to remain in care following termination of court jurisdiction.
(k) “Foster home” means
foster family home or foster family group home, as defined in section 1 of 1973 PA 116, MCL 722.111.
(m) ”Foster parent" means the person or persons, including tribal members, to whom a foster home license is issued.
(n) “Gender” or “gender identity” means a person’s internal identification or self-image as a man, boy, woman, girl, or another gender identity.
(o) “Gender expression” means how a person publicly expresses or presents their gender, which may include behavior and outward appearance such as dress, hair, make-up, body language, and voice. Components of gender expression may or may not align with gender identity.
(lp) “Human
behavioral science” means a degree from an accredited college or university
in any of the following:
(i) Social work.
(ii) Psychology.
(iii) Counseling and
guidance.
(iv) Child development.
(v) Criminal justice.
(vi) Family and child ecology.
(vii) Sociology.
(viii) Family community services.
(ix) Family studies.
(x) Family Live education.
(xi) Human services. means a course of study producing a degree from an
accredited college or university that is approved by the department for the
specific positions when required by the act and these rules.
(mq) “Independent
living” means the placement, by an agency, of a youth who is not less than 16
years old of age 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.
(nr) “Infant”
means a child between birth and 12 months of age the date of the child’s first birthday.
(os) “Licensing
authority” means the administrative unit of the department responsible for
making licensing and approval recommendations for a child placing agency.
(q) “Member of the
household” means any person, other than a foster child, who resides in a foster
or adoptive home on an ongoing or recurring basis.
(rt) “Parent”
means a legal parent and includes a custodial parent, noncustodial parent, or
adoptive parent.
(su) “Placement”
means moving a child to an out-of-home living arrangement for purposes of
foster care, adoption, or independent living; or from out-of-home placement to
another out-of-home placement.
(v) “Sexual orientation” means a person's identity in relation to the gender or genders to which they are attracted.
(w) “Social service aide” means an individual who is employed, contracted, or a volunteer who has specified case-support duties as defined by department or agency policy.
(tx) “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 if the provisions of R 400.12205
are met.
(uy) “Social
service worker” means a person who performs social service functions prescribed
by these rules.
(z) “SOGIE” means an individual’s sexual orientation, gender, identity, and expression.
(vaa) “Staff”
means a person who is any of the following: an individual who is 18
years of age or older and who is employed by a child placing agency for
compensation.
(i)
Employed by an agency.
(ii)
A volunteer for the agency.
(iii)
Is under contract to the
agency.
(w) “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.
(x) Substitute care
provider” means a person who provides care and supervision in the absence of
the foster parent for any length of time.
(ybb) “Tribe”
means a federally recognized tribe.
(z) “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.
(cc) “Volunteer” means a person who is not an employee and does not receive compensation but donates his or her work and acts at the direction of and within the scope of duties determined by the child placing agency.
(2) A term defined in the act has the same meaning when used in these rules.
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, and that the alternative aligns with the intent of the administrative rule.
(2) The decision of Tthe
department, including the conditions for which the variance is granted, shall
be entered its decision, including the
qualifications under which the variance is granted, upon in
the records of the department and a signed copy shall must 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 comply with the intent of
the rule. ensure that the health, care, safety, protection, supervision,
and needed services to children are maintained.
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 is considered
qualified for the position.
R 400.12104 Deemed status.
Rule 104. (1) The department may accept, for the purpose of determining rule compliance, evidence that the child placing agency is accredited by the council on accreditation or other nationally recognized accrediting body whose standards closely match state licensing regulations.
(2) All of the following apply to deemed status:
(a) The organization may request deemed status when the accreditation site inspection is less than 12 months old.
(b) When deemed status is requested, an organization shall submit a copy of the most recent accreditation report to the department.
(c) An organization shall
is only be eligible for deemed status if the license is on a
regular status.
(3) The acceptance of accreditation in subrule (1) of this rule does not prohibit the department from conducting on-site inspections or investigations of any rule at intervals determined by the department.
PART 2. AGENCY SERVICES
R 400.12202 Policy and procedures.
Rule 202. An agency shall have and follow written policies and procedures for all the areas of foster care services as provided in R 400.12203 to R 400.12214.
(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.
R 400.12203 Financial stability.
(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.
(e) An audit of all financial accounts conducted annually by an independent certified public accountant not administratively related to the agency. A copy of the audit shall be available to the department upon request.
(2) Subdivision (d) and (e) of subrule (1) do not apply to a governmentally operated agency.
R 400.12204 Facilities.
Rule 204. (1) An agency shall provide and maintain sufficient office space, equipment, and supplies to ensure the delivery of services.
(2) An agency shall have physical office space with a Michigan street address.
(3) An organization may maintain satellite offices when the following conditions are
met:
(a) The agency has notified the department in writing prior to opening the satellite
office and has received approval to open the satellite office.
(b) The agency provides
on-site supervision at the satellite office at least 2 days a week. There is a completed written plan to ensure appropriate
supervision is provided on a regular basis.
(c) The files are made available for review at the agency main location when requested by the department.
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 1 of the following:
(a) A master’s degree in a human behavioral science, or in another major where 25% of the course credits earned toward the degree are in human behavioral sciences, business administration, or public administration from an accredited college or university and 2 years of experience in an agency or child caring institution, at least 1 of which is in a management capacity.
(b) A bachelor’s degree in a human behavioral science, or in another major where 25% of the course credits earned toward the degree are in human behavioral sciences, business administration, or public administration from an accredited college or university and 4 years of post- bachelor’s degree experience in an agency or child caring institution, at least 2 of which are in a management capacity.
(3) An agency shall report any change of chief administrator by the next business day to the department.
(4) An agency shall appoint a social service supervisor who possesses the qualifications in either of the following:
(a) A master’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 1 3 years of experience as a
social service worker in an agency, or a child caring institution, or in an
agency in a child welfare function.
(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 are in an agency or in a child caring institution, or in an agency in a child welfare function.
(5) 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.
(6) 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 must
meet the requirements for each position.
(7) If a social service
worker also has social service supervisor responsibilities, as permitted under
subrule (6) of this rule, then the worker shall may not supervise
his or her own tasks as a social service worker.
(a) Five social service workers per supervisor.
(b) Fifteen children assigned to a social services worker for purposes of providing direct services in foster care, independent living, adoption, or post adoption services or a combination thereof.
(c) Thirty certified or
enrolled foster homes per licensing social service worker.
R 400.12206 Staff qualifications; volunteer, contractors on central registry.
Rule 206. (1) An agency shall require a staff member who has ongoing contact with children or parents to be a person who has the ability, experience, education, and training to perform the duties assigned.
(2) A staff member must be of responsible character and suitable and able to meet the needs of children and families served by the agency.
(23) An
agency’s policy on staff qualifications shall must state all of
the following:
(a) A person who has unsupervised contact with children may not have been convicted of either of the following:
(i) Child abuse or neglect.
(ii) A felony involving harm or threatened harm to an individual within the 10 years immediately preceding the date of hire.
(b) A person who is listed
on the central registry as a perpetrator of child abuse or child neglect shall
not have unsupervised contact with children
is ineligible for employment if the responsibilities of the position
includes unsupervised contact with children.
(4) A volunteer or contractor who is listed on the central registry as a perpetrator of child abuse or child neglect may not have unsupervised contact with children.
R 400.12207 Staff responsibilities.
Rule 207. (1) An agency shall
designate that the chief administrator is as 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 is administratively responsible for
all of the following functions:
(a) The licensee or chief
administrator shall have has the administrative capability
to operate a child placing agency and provide the level of care and program
stipulated in the application.
(b) A chief administrator must demonstrate the administrative capability to oversee the on-site, day-to-day operation of the institution and for ensuring compliance with these rules.
(bc) Not
less than once annually, conduct a written assessment and verify the agency’s
compliance with the applicable provisions of these rules.
(cd) Assess
all disrupted and unplanned removals of children from foster homes, independent
living, and adoptive homes to identify systemic trends and patterns of those
disrupted and unplanned removals.
(de) Within
6 months, develop and implement a written plan to correct noncompliance
identified in subdivision (a) of this subrule and address causes of disrupted
and unplanned removals identified in subdivision (b) of this subrule.
(ef) Provide
space for staff and children to individuals served to be
interviewed privately by police, regulatory staff, children’s protective
services, or other entities investigating activities of the agency related
to safety of children and compliance with statute and promulgated rules.
(3) An agency shall require
that social service workers be directly responsible for all of the
following activities:
(a) Placing and supervising children in out-of-home care. 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) Facilitating services and parenting time for children for purposes of reunification.
(bc) Assessing
and certifying private family homes for licensure and supervising the homes.
(cd) Conducting
evaluations of private family homes for purposes of adoption.
(de) Supervising
and Aassessing of children for adoptive placement.
(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 may not have responsibility for any
of the following:
(a) Case planning.
(b) Selecting placements.
(c) Foster home certification.
(d) Conducting foster
care and licensing case contacts for purposes of foster care or adoption case
planning, or licensing certification contacts. Making visits required
under R 400.12419, R 400.12505, R 400.12711 or R 400.12806
(e) Conducting adoptive family evaluations.
R 400.12208 Job descriptions.
Rule 208. (1) An agency shall have a current written job description for each staff and position.
(2) Each job description shall
must 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 must
conform to the job description.
R 400.12209 Orientation and training.
Rule 209. (1) An agency shall
ensure and document that all the following:
(a) 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:
(2b) That
each social service worker and each social service supervisor receives not less
than 15 hours of training relating to his or her current position within the
first year of being assigned to the position.
(3c) An
agency shall will ensure and document Tthat each social
service worker and each social service supervisor receives not less than 15
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.
(42) The
orientation and training specified in subrules (1) and (2) of
this rule for each social service worker shall must include all of
the following topics:
(a) Characteristics and needs of children and families served by the agency, including trauma-informed parenting, human trafficking, systemic racism, and SOGIE training.
(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.
R 400.12210 Grievance handling.
Rule 210. (1) An
agency shall have a written grievance handling procedure as mandated by
section 8a of the foster care and adoption services act, 1994 PA 203, MCL
722.958a, and known as the “foster parent’s bill of rights law.”
(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.
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 consent is provided by the
appropriate legal parent, the department, or the court. 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.
Video cameras in a bedroom of any foster child over
the age of 2 is strictly prohibited.
R 400.12212 Personnel records.
Rule 212. (1) An agency shall maintain a personnel record for each staff member.
(2) The personnel record shall
must 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 other than minor traffic violations from either of the following:
(i) The Michigan state police, tribal police, or the equivalent state or Canadian provincial law enforcement agency where the person usually resides.
(ii) An entity accessing either Michigan state police records or equivalent state or Canadian provincial law enforcement agency where the person usually resides.
(f) If the employee has criminal convictions, the chief administrator or his or her designee shall complete a written evaluation of the convictions that addresses the nature of the conviction, the length of time since the conviction, and the relationship of the conviction to regulated activity.
(g) A written statement from the employee regarding any convictions.
(h) Documentation from the department that the person has not been named in a central registry case as the perpetrator of child abuse or neglect in Michigan or in any state where the person lived in the 5 years preceding hire.
(3) The personnel record shall
must 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 must be
conducted each year every 12 months.
(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.
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.
R 400.12214 Compliance with 1975
PA 238 the child protection law.
Rule 214. An agency shall develop
a written plan and implement the plan to assure compliance comply with
the child protection law, with 1975 PA 238, MCL 722.621 to 722.638.
and known as the child protection law.
PART 3. FOSTER HOME CERTIFICATION
R 400.12301 Department authorization.
Rule 301. (1) An agency
shall be authorized by Tthe department shall authorize an agency
to certify foster homes for licensure.
(2) An approved
governmental unit shall must comply with the provisions of this
part to be authorized to certify foster homes for licensure.
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 children, parents, relatives, and foster families.
(e) Geographical area covered.
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. An agency may not have a policy related to
certifying homes that violates section 102 of the Elliott-Larsen Civil
Rights Actcivil rights act, 1976 PA 453, MCL 37.2102.
(2) Policies and procedures
shall must cover address all of the following
R 400.12304 to R 400.12328 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) Foster parent/agency agreement.
(i) Foster parent training.
(j) Behavior management.
(k) Religion.
(l) Communication.
(m) Personal possessions.
(n) Allowance and money.
(o) Clothing.
(p) Substitute care.
(q) Supervision.
(r) Hazardous materials.
(s) Unusual incidents.
(t) Emergency policy.
(u) Reevaluation.
(v) License recommendation.
(w) Borrowed home.
(x) Special evaluation.
(y) Foster home record.
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 based on children identified in the program
statement to meet the needs of children served by referred to
the agency.
(2) An agency shall develop,
implement, and maintain a program of foster home retention and agency
culture that includes foster parent involvement.
R 400.12305. Certification training.
(2) An agency shall
ensure that all social service workers who perform foster home certification
functions receive certification training and special evaluation training
provided by the department. Supervisors of social service workers who
perform foster home certification functions must complete certification and special
evaluation training prior to supervising the certification of foster homes and
must pass the written exam.
R 400.12306 Application request.
Rule 306. (1) An agency shall provide an orientation for prospective applicants for a foster home license before a foster home application is provided.
(2) An agency shall
document that the applicant has expressed a willingness to care for the types
of children served by the agency before providing a foster home application.
(32) 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.
(43) An
agency shall provide the document that the licensee has been
given an application for renewal of the license and document the action
not less than 60 calendar days before the expiration date of the license. A
renewal application must be provided to a licensee, regardless of any pending
recommendation for disciplinary action of the license.
R 400.12307 Orientation.
Rule 307. An agency foster
parent orientation shall must consist of an overview of all
of the following areas:
(a) Purposes of foster care.
(b) Characteristics and needs of the children and families served by the agency.
(c) Child Aattachment
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 parents and relatives
(i) Parenting time and sibling visits.
(j) Agency foster care policies and procedures.
(k) Agency foster parent training requirements.
(l) Supportive services and resources.
(m) Trauma responsive care.
(n) Collaboration in transportation planning.
(mo) Provisions
of the children’s ombudsman act.
(np) Provisions
of the child protection act law.
(oq) Foster
care review board appeal procedures.
(r) Foster parent bill of rights law.
R 400.12308 Application submission.
Rule 308. (1) An agency shall act on a completed and signed application.
(2) An agency shall require
both all caregivers in a 2 multiple-caregiver
household to sign the application.
R
400.12309 Records check. Criminal history; central registry Records
check; “good
moral character”; convictions.
Rule 309. (1) An agency
shall, upon receipt of an application, request the department of state police
to conduct both a criminal history check and a criminal records check through
the federal bureau of investigation for applicants. The agency shall also
request the department to conduct a criminal history check on all persons
residing in the home over 18 years of age. Additional checks shall pertain to
previous licenses, and substantiated child abuse and neglect records for all
applicants and persons residing in the home 18 years of age or and over in
Michigan and in all states where the applicant has resided in the 5 years
preceding the application.
(2) An agency shall
initiate a new records check if it receives information indicating a lack of
good character or suitability of any person residing in the home who is 18
years of age or over who is not a licensee.
(3) An agency shall
initiate a criminal history check of a resident minor within 30 days after
turning 18 years of age.
(1) The agency shall obtain
from Aa foster home applicant or licensee shall 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
a confirmed 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 is 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 certifying child placing agency regarding the licensing assessment. In the event the tribe does not respond to the inquiry, the department may proceed with the licensing assessment.
(3) The agency shall require a foster home applicant or licensee to undergo a fingerprint-based, criminal history check.
(4) The agency shall require any adult member of the household to undergo a state-based, criminal history background check and, if applicable, contact with the appropriate tribal jurisdiction as referenced in subrule (2) of this rule. Upon the agency receiving information that an additional adult is residing in the home, the agency shall immediately obtain a release from the additional adult for the information required in subrule (1) of the rule.
(5) A license will not be issued or maintained by an applicant or licensee unless the department has made a determination under section 2 of 1974 PA 381, MCL 338.42, regarding the applicant or licensee’s “good moral character” and convictions.
R 400.12310 Initial evaluation.
Rule 310. (1) An agency social service worker shall complete a written initial foster home evaluation, on a form provided by the department, before certifying the home for licensure.
(2) The report shall
must include the dates and places of contacts and persons interviewed or
observed.
(3) The agency shall assess
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, including alcohol, drugs, or controlled substances by
each member of the household and a description of any treatment received.
(vi) Current substance
use, including alcohol, drugs, or controlled substances by each member of the
household and a description of any treatment currently being received.
(vii) Parenting skills
and attitudes toward children.
(viii) Methods of
discipline of children.
(ix) Adjustment and
special needs of the applicant’s own children including children not living in
the home.
(x) Strengths and
weaknesses of each member of the household.
(xi) Experiences with
own parents and any history of out-of-home care.
(xii) Reasons for
applying to be a foster family.
(xiii) Previous licenses
or experience in providing child foster care, child day care, or adult foster care.
(xiv) Willingness to
accepting a foster child with the child’s individual characteristics, needs,
and background.
(xv) Willingness to
parent cross-racially or cross-culturally and to create an atmosphere that
fosters the racial identity and culture of a foster child.
(xvi) Willingness and
ability to work with birth families and to understand the foster child’s
attachment to the birth family.
(xvii) An understanding
of and willingness to participate in concurrent planning.
(xviii) Willingness and
ability to give a foster child guidance, love, and affection and accept the
child as a member of the household.
(xix) Existence of
social support system and alternate care providers.
(xx) Spirituality or
religious beliefs.
(b) Previous adoption
evaluations or placements.
(c) Previous criminal
convictions, and substantiated child abuse or neglect for investigations or
concerns brought to the agency’s or department’s attention for any member of
the household.
(d) Three current
references from persons not related to the applicants. The agency shall
evaluate any negative references.
(e) A medical statement
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 be signed
by a physician, physician’s assistant or nurse practitioner within the 12-month
period before the initial evaluation.
(f) 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. -
(g) Assessment of the
neighborhood, schools, and community and available resources.
(h) The age, number,
gender, race, ethnic background, and the special characteristics of children
preferred by the applicants.
(i) Training needs of
the family.
(a) The applicant or licensee’s family and marital status and history, including current and past level of family functioning and relationships, and any incidents of domestic violence, elder abuse, or child abuse, as a perpetrator.
(b) The circumstances surrounding any criminal convictions or arrests for each member of the household, including minor children.
(c) Physical, mental, and emotional health of each member of the household, including any history of substance use disorder or treatment.
(d) Current mental health or substance use, or both.
(e) Parenting skills and strategies for building healthy relationships with children.
(f) Methods of discipline of children.
(g) Adjustment and special needs of the applicant’s own children, including children not living in the home.
(h) Previous licenses or experience in providing child foster care, child day care, or adult foster care.
(i) Existence of a social support system including alternate care providers.
(j) Willingness to accept a child’s spirituality, or religious beliefs or practices, even if they differ from the foster parent.
(k) Willingness to accept and support a child’s SOGIE.
(l) Safety and maintenance of the applicant’s house and property, including but not limited to, the following:
(i) Sufficient beds and sleeping space.
(ii) Pets.
(iii) Weapons.
(iv) Fire or water hazards.
(m) The age, number, gender, race, ethnic background, and characteristics of children preferred by the applicants, including those characteristics that an applicant or licensee would not accept.
(4) The agency will collect all the following:
(i) Three current references, related or non-related, from the applicant or licensee.
(ii) A medical statement that includes all treatments, prescriptions, and medications for each adult member of the household that indicates that the member has no known condition which would affect the care of a foster child. The statement must be signed by a physician, physician's assistant, or nurse practitioner within the 12-month period preceding the date of the initial evaluation. Any subsequent household member added to the household must provide the medical statement within 90 days.
(iii) Information regarding any past or current, or both, mental health or substance use disorder treatment by any member of the household.
(iv) The inspection results in compliance with R 400.9305.
(45) An
agency shall document placement specifications consistent with the information
contained in the evaluation. The placement specifications shall must
include the following:
(a) The age, number, SOGIE, race, ethnic background, and characteristics of children preferred by the applicants.
(b) Gender
(c) Race
(d) Number of children
preferred by the family.
(eb) Characteristics
of children best served by the family,
(fc) 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.
(56) An
agency shall inform the applicant of the department’s policies and procedures
regarding concurrent planning.
(67) An
agency shall inform provide the applicant that with
a copy of the final initial evaluation. is available upon request.
R 400.12311 Foster parent/agency agreement.
Rule 311. (1) An agency shall have a written foster parent/agency agreement signed by the foster parent and the agency before initially certifying a foster home for licensure.
(2) The foster
parent/agency agreement shall must 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.
(f) The agency schedule of foster care payments to foster parents.
(3) An agency shall document review of the foster parent/agency 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 foster parent/agency agreement.
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 must provide for all of the following:
(a) The individual
training needs of the foster parents.
(ba) Not
less than 12 hours of training to be completed by each person named on the
license before a recommendation is made for licensure, taking into account the
individual training needs of the foster parents. Not more than 6 3
hours of orientation may be included as part of the initial 12 hours of training.
(cb) Not
less than 6 hours of training annually for each licensee after the time periods
specified in subdivisions (ba) of this subrule.
(3) The training specified
in subrule (2)(a), and (b), of this rule shall must address
all of the following areas:
(a) Characteristics and needs of children who may be placed into the home.
(b) Safe sleep practices for infants.
(c) Effective parenting.
(d) Behavior
management, including de-escalation techniques. Calming and soothing supports
for children, including sensory modulation and de-escalation techniques.
(e) Importance of the
foster child’s family parents and
relatives.
(f) Concurrent planning.
(g) Role of the agency.
(h) Emergency procedures, first aid, and fire safety.
(i) Preparation of the foster child for permanence and independence.
(j) The role of the court and lawyer guardian ad litem in permanency planning.
(k) Reasonable and prudent parent standards.
(l) Firearm storage and safety.
(n) Human trafficking.
(o) Trauma-informed parenting, including the effects of discipline in the household.
(4) At least 1 adult member
of the household shall must have training in and maintain a
current certification in first aid and cardiopulmonary resuscitation
from the American Heart Association or the American Red Cross, or other
institution approved by the department.
(5) An agency shall document all training received by each foster parent.
R
400.12313 Behavior management support policy.
Rule 313. (1) An agency’s
behavior management support policy shall must identify
appropriate and specific methods of behavior management support for
foster children.
(2) An agency shall ensure
that methods of behavior management support for a foster child
are positive, and consistent, and compassionate based on
each foster child’s needs, stage of development, and behavior, and promote self-control
self-regulation, self-esteem, and independence. Problems of child
training shall be handled with sympathy and
understanding.
(3) All of the
following are prohibited:
(a) Corporal punishment, excessive
any type of restraint, including physical, chemical, mechanical, or
noxious substances; or any kind of punishment inflicted on the body.
(b) Confinement or
seclusion in an area such as a closet or locked a room.
(c) Withholding food, clothing, rest, toilet use, or entrance to the foster home.
(d) Mental or emotional cruelty.
(e) Verbal abuse, threats,
or derogatory remarks.
including the use of derogatory or discriminatory language, negative references
to the child’s or the child’s family SOGIE, yelling at youth, ridicule,
or humiliation.
(f) Prohibiting visits or communication with a foster child’s family.
(g) Denial of necessary
educational, medical, counseling mental health, 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 to prevent serious property damage.
R 400.12314
Religion and, policy; spirituality policy.
Rule 314. (1) An
agency’s religion policy shall 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 shall may not be
required to attend religious or spiritual services or follow specific
religious or spiritual doctrine.
R 400.12315 Communication.
Rule 315. An agency’s
communication policy shall must ensure that a child is able to
communicate with family and friends in a manner consistent with the child’s
expressed wishes, appropriate to the child’s functioning, and consistent
in accordance with the child’s treatment plan.
R 400.12316 Personal possessions.
Rule 316. An agency’s
personal possessions policy shall, at a minimum, must address both
all of the following:
(a) Assuring Ensure
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.
(b) Safe storage of a child’s personal possessions.
(bc) All
gifts and clothing that are given to or purchased for the child during
placement with the foster family shall remain the property of the foster child.
R 400.12317 Allowance and money policy.
Rule 317. (1) The agency's
policy on allowance shall, at a minimum, must specify the following:
(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, the child’s parent, and the foster parent based on the child’s age and treatment needs.
(c) How the agency monitors allowance.
(2) Any money earned or received directly by the child remains the property of the child.
R 400.12318 Clothing policy.
Rule 318. The agency’s
clothing policy for foster parents shall must specify both of the
following:
(a) A foster parent shall
must ensure that a foster child has the minimum required clothing
specified by the agency’s policy and leaves the foster home with not less than the minimum required clothing.
(b) 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 child’s parent or parents.
R 400.12319 Substitute
care Transfer of enrollment or license.
Rule 319. An agency’s
substitute care policy shall, at a minimum, contain provisions for all of the
following:
(a) Qualifications for substitute
caregivers, consistent with the requirements of 1973 PA 116 and child care
licensing rules.
(b) Conditions under
which substitute care may be utilized.
(c) Any planned
substitute care shall be consistent with the child’s treatment plan.
(e) 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.
(1) Prior to requesting the transfer of an enrollment or license, the receiving agency must provide the applicant/licensee with the following:
(a) Orientation of the receiving agency.
(b) Application.
(2) The current certifying agency must provide the receiving agency with the following:
(a) The most recent application for a license.
(b) The initial evaluation and current reevaluation and any other relevant licensing home study reports.
(c) The most recent copy of the licensing transaction record.
(d) All completed special evaluation reports and any associated corrective action plans.
(e) All record clearance documents for all members of the household, including any administrative review team assessments.
(f) Other information that might assist the agency considering the transfer with making an informed decision.
(3) The agency considering the transfer must review all information in subrule (2) of this rule. Prior to acceptance of the transfer, the receiving agency must make at least 1 home visit.
(4) If the agency considering the transfer declines to accept a transfer of the license or enrollment, the agency must inform the applicant or licensee in writing and provide a copy to the certifying agency.
(5) Written approval must come from the receiving agency’s chief administrator or his or her designee prior to the transfer of the license during a special evaluation. When a license is transferred during a special evaluation, the receiving agency must complete the special evaluation.
(6) Written approval must come from the receiving agency’s chief administrator or his or her designee prior to the transfer of the license during a provisional status.
(7) If there is an existing corrective action plan, the receiving agency is responsible for ensuring compliance.
(8) Transfer of a license during a pending disciplinary action must be approved by the department prior to the transfer.
R 400.12320 Supervision.
Rule 320. An agency’s
supervision policy shall, at a minimum, state that appropriate care and
supervision for the foster child at all times consistent with a child’s age,
level of functioning, and treatment plan.
(21) An agency shall ensure an
appropriate level of care and supervision for the foster child at all times
consistent with a child’s age, level of functioning, and treatment plan.
(2) 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.
(3) A foster parent shall notify the agency of any extended, overnight period when the period will exceed 3 days.
R 400.12321 Hazardous materials policy.
Rule 321. (1) Federal standards for a foster family or group home include specific safety requirements for weapons, pools, hot tubs, and spas, as these pose a particular preventable danger to children.
(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 a manner that prevents 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 parent standard as defined in section 1 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1.
R 400.12322 Unusual incident policy.
Rule 322. (1) An agency’s
unusual incident policy shall must, at a minimum, include
immediate notification to the agency by the foster parent of either any
of the following incidents:
(a) When a foster
child is missing from a foster home. The death of a foster child.
(b) The removal or attempted removal or
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 that results in treatment at a hospital emergency room or inpatient hospitalization of a foster child.
(2) An agency’s unusual
incident policy shall, at a minimum, must include notification to
the agency by the foster parent of any of the following incidents within 24
hours of knowledge of the incident:
(a) A foster child’s involvement with law enforcement authorities.
(b) Any illness or
injury that requires hospitalization or emergency medical care of a foster child.
(cb) Pregnancy
of a foster child.
(dc) Incidences
of child-on-child abuse.
(ed) Involvement
with law enforcement by anyone in the home pursuant to a criminal
investigation.
R 400.12323 Emergency policy.
Rule 323. (1) An agency’s
emergency policy shall, at a minimum, contain provisions for ensuring that
foster parent has must include agency-approved procedures
for each of the following situations: emergencies:
(a) Fire.
(b) Tornado.
(c) Serious accident or injury.
(d) Epidemic.
(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.
R 400.12324 Reevaluation.
Rule 324. (1) An agency shall conduct an annual on-site visit and complete a written reevaluation of a foster home.
(2) The annual reevaluation
shall must 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.
(e) Compliance with the agency’s written policies and procedures.
(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. The placement specifications shall must include
all of the following:
(a) Age,. The age,
number, SOGIE, race, ethnic background, and characteristics of children
preferred by the applicants.
(b) Gender,
(c) Race,
(d) Number of children
preferred by the family,
(eb) Characteristics
of children best served by the home,.
(fc) 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 foster parent of and discuss the agency’s policy and procedures regarding concurrent planning.
(6) An agency shall
complete a licensing record clearance request form on each adult non-licensee
member of the household, including foster youth who turn 18 years of age, prior
to each renewal and shall assess the results of the record check.
(7) An agency shall notify
provide the foster parent that with a copy of the
reevaluation is available upon request.
(8) An agency shall
complete a reevaluation and shall make a licensing recommendation to the
department at least 15 calendar days before the expiration date of the foster
home license.
R 400.12325 License recommendation.
Rule 325. (1) An agency shall recommend to the department the appropriate licensing action consistent with 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 or the continuation of an active license only when all rules are in compliance or both of the following conditions exist:
(a) All non-compliances relating to the recommendation are correctable.
(b) A written corrective
action plan has been developed. The plan shall must be in
compliance comply with all of the following requirements:
(i) Specify the
methods, the persons responsible, the time frames for correction; methods for
ensuring the safety of any children placed in the home; how continuing
compliance will be maintained once compliance is achieved; consequences if the
corrective action plan is not completed; and what documentation will be
required to demonstrate compliance or completion.
Upon determining a rule noncompliance that is correctable by the foster
parent, the agency must develop a written corrective action plan with the
foster parent on the form prescribed by the department.
(ii) Require that the
corrective action be Be completed within six (6) 6 months
of being signed.
(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 all of the following
conditions exist:
(a) The agency complies
with subrule (3)(a) and (b) of this rule.
The foster parent has signed an acceptable corrective action plan.
(b) The foster parent has been informed, in writing, of the facts and the basis for the provisional license.
(c) The foster parent has been notified of his or her right to appeal 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 all
of the following conditions exist:
(a) The applicant or the
foster parent falsifies information the application, or,
the applicant or the foster parent willfully and substantially violates the act,
or 1 or more of the licensing rules for foster homes. or the
terms of the license,
(b) The agency has
provided theThe applicant or the foster parent has been
informed, in writing, of the facts and the basis for the recommended action. with all the following:
(i) A copy of the special evaluation report outlining the facts and the basis for the recommended action.
(ii) Written notice that the agency’s recommendation for disciplinary action has been referred to the department for a final decision.
(iii) Written notice to the applicant or foster parent of their right to appeal the department’s decision for licensing action.
(6) An agency shall provide the department with all documentation that details the basis for the agency’s recommendation or any requested documentation for 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.
Rule 326. (1) Before placing a child in a foster home
certified by another agency or tribe, the borrowing agency shall have
a record containing all of the following documents:
(a) Prior Aapproval from the
certifying agency authorizing the placement of a child in the home.
(b) Documentation Verification
that the foster parent is willing to accept the foster child.
(c) A copy of Tthe
initial evaluation and current reevaluation. 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. A
copy of all special evaluations completed during the last 2 years.
(e) A list Verification
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 foster parent /agency agreement signed by the foster parent and the borrowing agency.
(h) The requirements in subrule (1)(a) to (g) of this rule do not apply to foster homes licensed by a tribe. A completed “Verification of Tribal Foster Home Safety Requirements” form is required when borrowing a foster home licensed by a tribe.
(2) Only in an after-hours emergency placement will a verbal agreement be acceptable. During an after-hours emergency placement, the certifying agency must provide a verbal summary of the information in subrule (1)(a) to (h) of this rule to the borrowing agency. Written borrowed home protocol must be completed and documented within 3 calendar days of an after-hours emergency placement.
(h) A copy of the
current children's foster home license application and children's foster home
licensing transaction record documents from the certifying agency.
(i)
A copy of all special evaluations completed during the last 2 years.
(23) The
borrowing agency is responsible for securing requesting the items
identified in subrules (1)(c), (d), and (e),
(g), (h), and (i) of this rule annually for the duration of the
child’s placement., The certifying agency must provide the items
in subrules (1)(c), (d), and (e) of this rule annually for the
duration of the child’s placement.
(34) The
certifying agency is responsible for certification functions, including special
evaluations, and shall must share all information regarding
changes in the home with all agencies
that have children in placement in the home.
R 400.12327 Special evaluation.
Rule 327. (1) An agency
shall do all of the following when anyone Upon receipt of any in
the agency receives information that relates to possible noncompliance with
any foster home rule, the agency must do all the following:
(a) Submit a special investigation record to the department’s licensing authority within 5 working days in the manner prescribed by the department.
(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.
(c) Conduct an thorough
investigation evaluation, in cooperation with child protective
services, when applicable, including all necessary collateral contacts.
(d) Notify all social service workers who have children placed in the home that a special evaluation has been initiated.
(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 may 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 and the expected
length of the extension. The total time for the completion of the investigation
shall may not exceed 90 calendar days without written approval
from the chief administrator or his or her designee.
(4) Before completion of the written report required by subrule (6) 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) Within 15 days of the
conclusion of the evaluation, an agency shall complete 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 the
child protection law, 1975 PA 238, MCL 722.621 to 722.638.
(cb) The
allegations.
(dc) Dates
and places of contacts, names of persons interviewed, and names of the
interviewers. If children are interviewed, their last names shall may
not be included in the report.
(ed) Findings
of fact, based upon the evaluation.
(fe) Conclusions
regarding licensing rules compliance or noncompliance based on the findings of fact.
(gf) Any
change in the agency’s decision regarding the number, gender SOGIE,
age, race, religion, spirituality, 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.
(hg) Recommendations
regarding licensing action and any required corrective action.
(6) An agency shall do all 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 the foster parent has a right
to have his or her written response included as an attachment to the report
required by subrule (5) of this rule.
(c) Provide a copy of the report to any social services worker that has children placed in the home.
(7) If any violations are
cited and there is a signed corrective action plan, all social service workers
who have children placed in the home shall must be notified there
is a corrective action plan and what is required of the foster parent in that plan.
R 400.12328 Foster home record.
Rule 328. (1) An agency shall
maintain a an electronic foster home record in the
state's automated child welfare information system for each foster care
home.
(2) The record shall
must 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, gender
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 400.12327(6)(b).
(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 7 years after closure.
PART 4. FOSTER CARE SERVICES
R 400.12401 Department authorization.
Rule 401. An agency
shall be authorized by Tthe department shall authorize an
agency to receive children for placement in licensed foster homes.
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. The
racial, ethnic, and cultural identity, heritage, spirituality, and background of
the children served.
(c) Types of services provided to foster children and their families.
(d) Geographical area covered.
R 400.12403. Policy and procedures.
Rule 403. (1) An agency shall have and follow written policies and
procedures, including consistent with all the following areas of
foster care services provided in R 400.12404 to R 400.12422. 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) Education.
(d) Clothing.
(e) Medical and dental care.
(f) Unusual incidents.
(g) Hazardous materials.
(h) Foster parent information.
(i) Service plans.
(j) Visitation.
(k) Foster care record.
(32) An
agency shall provide a copy of the policies and procedures to the foster
parents of a home where the agency places a child.
(3) An agency may not be more restrictive than the department policies or the administrative rules governing licensing and services.
R 400.12404. Placement.
Rule 404. (1) An
agency shall only place a child with an adult who is legally related to a
relative of the child, is a legal custodian, or in a licensed foster
home, except as permitted in R 400.12503(2)(b) and R 400.12709.
(2) Initial consideration shall
must be given to placement with a relative and/or placing
siblings together, or both.
(3) An agency’s placement
of a child in a foster home shall must be consistent with the
placement specifications for the home.
(4) An agency shall
consider all of the following factors in selecting an appropriate
placement for a child:
(a) Proximity to the child’s parents, family, or community.
(a) The permanency goal
for the child.
(b) The physical, emotional, and educational needs of the child.
(c) The permanency goal of the child.
(cd) Expressed
preferences of the child, and the child’s parent or parents.
(de) The
child and child’s family’s religious or spiritual, or both, preference.
(e)The foster parents’ ability and willingness to accept and support the child’s SOGIE.
(f) The child’s racial, ethnic, cultural identity, heritage, and spiritual background.
(eg) The
continuity of relationships, including relationships with parents, siblings,
relatives, foster parents, previous foster parents, and other persons
significant to the child.
(fh) The
availability of placement resources for the purpose of making a timely
placement.
(5) The child’s racial,
ethnic, and cultural identity, heritage, spiritual, 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.
(65) Before the placement of a child, the agency shall document preparation,
regardless of all relevant parties, including the child or infant,
of the child’s age, that explains of all of the following to
all relevant parties:
(a) The circumstances necessitating placement.
(b) The child’s individual needs.
(c) Any special challenges presented.
(76) An
agency shall must document, in the child’s record, within 7
calendar days after placement, the information specified in R 400.12417(1) and
all of the following information:
(a) All of the
following child characteristics:
(i) Gender identity.
(ii) Race.
(iii) Height and weight.
(iv) Eye color and hair color.
(v) Identifying marks.
(vi) Religious or spiritual preference.
(vii) School status, including grade, last school attended, and educational program.
(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.
(h) A photograph of the child at the time of placement.
(i) Documentation that American
Indian tribal ancestry was assessed.
R 400.12405 Change of placement.
Rule 405. (1) An agency shall
make every reasonable effort to maintain a stable placement for each child
placed in foster care. The efforts shall must be documented in
the child’s record.
(2) An agency shall give
first consideration to first consider returning the child to a parent.
(3) 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) If the child is not returned to the parent, then the reason why return is not possible.
(c) If the child is not reunited with siblings or placed with a relative, then the reason why those placements are not possible.
(d) Consideration of the factors identified in R 400.12404(4).
(e) Replacement
preparation of all relevant parties, including the child or infant, regardless
of the child’s age, appropriate to the child’s capacity to understand,
which includes an explanation to all relevant parties as to why the
change is necessary.
(f) Notification to the parents, referral source, lawyer guardian ad litem, and courts when applicable, of the change in placement.
(g) Information about the child was shared with the new placement, consistent with the requirements of R 400.12417.
(h) The child’s new location and address.
(i) 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.
(j) Supervisory approval before the change.
(4) If an emergency
change in placement is necessary, then all of the documentation required
in subrules (2) and (3) of this rule shall must be in the child’s
record within 14 calendar days after the change in placement.
(5) If an agency is no
longer providing services to the child in a foster home, then both of the
following shall must 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.
R 400.12409 Education.
Rule 409. An agency’s
education policy shall must ensure that, within 5 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.
R 400.12411 Clothing policy.
Rule 411. An agency's
clothing policy shall must ensure that a foster child has the minimum
required clothing specified by the department’s policy and leaves the foster
home with not less than the minimum required clothing. 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.
R 400.12413 Medical and dental care policy.
Rule 413. (1) An agency’s
medical and dental care policy shall must, 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. A
comprehensive medical examination, including a behavioral/mental health and
trauma screening, within 30 calendar days from the date the child entered into
an out-of-home placement, regardless of the date of the last physical
examination.
(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.
(iiiii) A
physical examination every 14 months.
(d) Current immunizations for
each child as required by section 5111 of the public health code, 1978
PA 368, MCL 333.5111. All of the following apply:
(i) A statement from a parent or licensed medical authority, which indicates that immunizations are current or contraindicated, is sufficient documentation of immunizations.
(ii) A copy of a waiver
addressed to the department that is signed by the parent stating immunizations
are not being administered due to religious, medical, or other reasons is
sufficient documentation of immunizations, unless the child is a temporary
court ward, a motion is heard, and order is entered by the circuit court for
the child’s case. A waiver shall must be accompanied by a
certification by the local health department that the parent or parents
received education on the risks of not receiving the vaccines being waived and
the benefits of vaccination to the individual and the community as required by section
5111 of the public health code, 1978 PA 368, MCL 333.5111, and the
provisions under R 325.176(12) of the communicable and related disease
administrative rules.
(iii) If documentation of
immunization or a copy of the waiver is unavailable, then immunizations shall
must 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.
A dental examination must be completed within 3 months before entry into
foster care or an initial dental examination must be completed not more than 90
calendar days after entry into a foster care out-of-home placement. A child
entering foster care under 1 year of age must have an initial dental exam
within 3 months of his or her first birthday.
(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. A dental
re-examination must be obtained at least every 6 months, unless a greater
frequency is indicated.
(2) An agency shall maintain a file documentation from the medical or dental provider of all medical and dental care received by a foster child.
R 400.12415 Unusual Iincident
reporting policy.
Rule 415. (1) An
agency’s incident reporting shall must adhere to the following
incident reporting protocols: policy shall, at a minimum,
include the following:
(a) Immediately notification
notify to the child’s parents; the department licensing
authority; the lawyer guardian ad litem and court, as applicable; the
department; and the foster child’s parents, the responsible
agency, and guardian ad litem as applicable, if either any of
the following occurs:
(i) The death of a foster child.
(iii) When
a The foster child is missing from a foster home absent without
legal permission.
(iiiii) Attempted
removal or removal of a the foster child from the foster home by
any person who is not authorized by the agency.
(iv) Any medical and mental illness or condition that results in treatment at a hospital emergency room or inpatient hospitalization of a foster child.
(b) Notification of the foster
child’s parents, the responsible agency, and guardian ad litem as applicable
within 24 hours of knowledge of the following:
(i) Any illness or
injury that requires hospitalization of emergency medical care of a foster
child. Any injury of a foster child that requires medical treatment.
(ii) A foster child’s involvement with law enforcement authorities.
(iii) Pregnancy of a foster child.
(iv) Incidences of a foster child being abused, including child-on-child abuse.
(2) The policy shall
require that the agency immediately notifies all of the following entities of
the death of a foster child:
(b) The referring
agency.
(c) The department
licensing authority.
(d) The lawyer guardian
ad litem and court, as applicable.
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 or replacement 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 factors relating to the care of the child.
(f) All known behaviors of the child.
(g) Circumstances necessitating placement or replacement 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, including information about siblings who do not reside in the foster home as provided in federal law.
(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 agency shall provide
information to the foster parent within 7 calendar days of the placement.
(3) After the child is
placed, and on an ongoing basis, the agency shall notify the foster parent of
any known information regarding the child, or the child’s siblings who do
not reside in the foster home as provided in federal law, or both, that
will enable the foster parent to provide a stable, safe, and healthy
environment for the foster child and the foster family., including
information about siblings who do not reside in the foster home.
R 400.12418 Development of service plans.
Rule 418. (1) 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, or medical care, unless the agency documents why any of the entities
have not been involved.
(2) An agency shall complete written service plans for each child and parent or parents, as follows:
(a) Within 30 calendar days from removal from the home.
(b) Within 120 calendar days after the initial removal and at least once every 90 calendar days thereafter.
(3) When case
responsibility changes from 1 child placing agency to another child placing
agency, a modified service plan must be completed within 30 calendar days of
the change in agency responsibility if no other plan is done within 30 days.
The plan shall must address why the agency responsibility changed
and whether there are any modifications to existing service plans.
(4) An agency shall place
service plans in the case record., give a copy
to 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.
(5) An agency shall involve the child’s parent or parents and the foster parents in the development of service plans to enable the parent or parents and foster parents to understand the plan for the child and the parents’ and the foster parent’s role in assisting the agency in carrying out the plan. An agency shall give a copy to and review the parent-agency treatment plan with the parent or parents and foster parents. The agency must inform the parent or parents and foster parent that the information in the parent-agency treatment plan and any other information about the child and the child’s family is confidential.
(6) Service plans shall
must be signed by the social services worker and the social services
supervisor.
R 400.12419 Initial service plans.
Rule 419. (1) The initial
service plan, as required in R 400.12418(2)(a), shall must 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(4).
(d) A social history
pertinent to the circumstances necessitating placement that assesses the child
and all persons in the child’s family to determine the services best
suited to meet the child’s needs.
(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) Specific goals, as appropriate, to meet the child’s needs in the following areas:
(i) Education.
(ii) Health.
(iii) Vocational training.
(iv) Psychological, psychiatric, and mental health services.
(g) Plans for visits
contact between the child, siblings, the child’s family, and any other
person.
(h) The child behavior management
support plan to be used by the foster parent.
(2) If parental rights have
not been terminated, the service plan shall must include all of
the following:
(a) An assessment of the parents’ needs as they relate to the care of the child.
(b) The parents’ role while the child is in placement, including parenting time.
(c) The requirements to be met for the return of the child.
(d) The time frames for meeting the stated requirements.
(e) Documentation of how the parents were informed of their rights and responsibilities in the care of their child.
R 400.12420 Updated service plans.
Rule 420. (1) An updated
service plan, as required in R 400.12418(2)(b), shall must 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 that
includes any changes made since the previous plan and which that
has the content specified in R 400.12419.
(f) Plans for visits between the child, siblings, the child’s family, and any other person.
(g) A child behavior
management support plan which that includes any
changes made since the previous plan and which is to be used by the
foster parents.
R 400.12421 Visitation and parenting
family time; in person contact.
Rule 421. (1) An
agency shall develop have a policy regarding visitation and
parenting time that contains, at a minimum, all of the following:
(a)A a plan
of visitation and family time for each child in foster care consistent
with the child’s service plans, as required by R 400.12419 and R 400.12420 to assure
ensure the safety and well-being of the child.
(b2) An
agency social service worker shall visit the foster child and the foster parent
in the foster parent’s home at least once every month.
(c3) An
agency shall facilitate Provisions for visits in-person
contact between parents and children except where parental rights have been
terminated or when there is a court determination that visits are detrimental
to the child.
(d4) An
agency shall facilitate Provisions for visits in-person
contact between siblings who are not placed together except when there is a
court determination that visits are contact is detrimental to
either child.
R 400.12422 Foster care case record.
Rule 422. (1) An agency shall maintain a case 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 ensure confidentiality
and to prevent unauthorized access.
(3) The record shall
must contain all of the following information:
(a) Initial service plan.
(b) Any required updated service plans.
(c) Medical, mental health, 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 and parenting time as required by R 400.12421.
(g) A photograph taken at least annually.
(4) An agency shall maintain the records under the retention schedule for not less than 7 years after the agency’s termination of services to the child.
(5) If an agency ceases
operating as a child placing agency, the records shall must be
returned to the child’s referring agency.
PART 5. INDEPENDENT LIVING SERVICES
R 400.12501 Department authorization.
Rule 501. An agency
shall be authorized by Tthe department shall authorize an
agency to supervise independent living placements.
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 and youth not appropriate for the program.
(c) Services provided.
(d) Means of financial support for the youth.
(e) Supervision.
(f) Educational and vocational or work requirements.
(g) Medical, mental health, 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.
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 must cover at least all of the following
areas:
(a) Eligibility requirements for youth to participate in the program.
(b) Types of living arrangements provided or approved.
(c) Contract Agreement
between youth and agency.
(d) Service plans.
(e) Supervision provided by the agency.
(f) Amount of financial support and how it is disbursed. An agency may not withhold financial support intended for the youth while the youth is actively involved in the program.
(g) Education/,vocational
training,/and employment.
(h) Human trafficking awareness and prevention for youth.
(hi) Medical,
dental, and mental health care.
(ij) Independent
living record.
(jk) Termination.
(3) An agency shall provide a youth in independent living with a copy of the agency’s policies and procedures required by this rule.
R 400.12504 Eligibility requirements.
Rule 504. (1) An agency shall document the rationale for selection of independent living as the most appropriate placement for the youth.
(2) All of the
following shall must be in the case record before a youth is
placed in independent living:
(a) How the youth meets the eligibility requirements for the specific program the youth is being placed into.
(b) The basis for concluding that a youth exhibits self-care potential.
(c) That the youth’s social service worker has personally observed and determined that the living situation is safe, and that the youth has a bed and has access to cooking and bathing facilities.
(d) The availability of specific and relevant resources that provide for suitable social, physical, educational, vocational, and emotional needs of a youth.
(e) An evaluation of a youth's need for supervision and a plan for providing the level of supervision determined necessary.
(f) Proof that financial support to meet the youth’s housing, clothing, food, and miscellaneous expenses is available.
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)(e).
(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 agreement
required by R 400.12510, 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.
R 400.12506 Education; vocational training; employment.
Rule 506. An agency shall ensure that it works with a youth involved in independent living in the following areas as outlined in the youth’s service plan:
(a) Employment.
(b) Job training.
(c) Education.
is employed full-time,
actively involved in job training or continuing education, or a
combination of employment and education.
R 400.12507 Medical/,dental,
and mental health care.
Rule 507. (1) An agency shall
ensure that a youth in independent living receives any needed medical, dental,
and mental health care as required in R 400.12413. Medical, dental, and mental
health care provided shall must be documented in the youth’s
record.
(2) For a youth who become 18
years of age while in the program or who enters independent living after the
age of 18, the agency shall provide information on how to access needed
medical, dental, and mental health services and shall actively, and on
an ongoing basis, encourage participation in needed medical, dental, and mental
health services.
R 400.12509 Independent living record.
Rule 509. (1) An agency shall
maintain a case record for each youth placed in independent living.
(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 ensure confidentiality
and to prevent unauthorized access.
(3) The case record shall
must contain all of the following information and
documentation, which shall must 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) Gender.
(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 applicable.
(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) Medical and dental records.
(l) Birth certificate.
(m) Placement documentation as required by R 400.12404.
(n) Change of placement documentation as required by R 400.12405.
(o) Service plans as required in R 400.12419 and R 400.12420. If the youth has biological children, the service plan must address the living arrangement for the child or children, visitation/parenting time with the youth’s biological children or a clear explanation why this is not possible or appropriate.
(4) An agency shall maintain the record for not less than 7 years after the agency’s termination of services to the youth.
R 400.12510 Independent
living contract agreement.
Rule 510. (1) There shall
must be a mutually agreed upon contract agreement
between the youth and the agency specifying all of the following:
(a) The responsibilities of the agency and the youth.
(b) A plan for education or work.
(c) An agreement for the
youth to meet with the worker at least one 1 time per calendar
month.
(d) The location where the youth is living.
(2) The agreement shall
must be signed and dated by the youth and the social service worker. The
contract agreement shall must be reviewed and
updated with the youth at least once every 90 calendar days and a
copy provided to the youth.
R 400.12511 Termination.
Rule 511. (1) When an agency terminates its independent living services for a youth, the agency shall document all 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/ and mental health services,
and emergency resources.
(b) A birth certificate.
(c) A social security card.
(d) The youth's funds and personal property.
PART 6. ADOPTION EVALUATION SERVICES
R 400.12601 Department authorization.
Rule 601. An agency
shall be authorized by The department shall authorize an agency
to evaluate applicants for adoption.
R 400.12602 Program statement.
Rule 602. (1) An agency shall have and follow a current written program statement.
(2) The statement shall
must include all of the following information:
(a) Services and functions provided directly or indirectly.
(b) Geographical area covered.
(c) Eligibility requirements for adoptive parents.
(d) A clear delineation of fees, charges, or other consideration or thing of value for adoption services that includes specific charges for expenses and services, within and outside the agency, and differentiates between the charges that are refundable and the charges that are not refundable.
(e) Training requirements.
(3) An agency shall document that the statement was provided to all persons making inquiry about the agency’s services.
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 must cover at least all of the following
areas:
(a) Orientation.
(b) Training requirements.
(c) Adoptive evaluation; evaluation record.
(d) Agency recommendation.
(e) Adoption evaluation
record.
(fe) Grievance
policy as required by R 400.12210.
(3) An agency shall document that the policies and procedures were provided to all persons making inquiry about the agency’s services.
R 400.12604 Orientation. and
application.
Rule 604. (1) An agency shall provide an orientation for prospective applicants for adoption before an adoptive application is provided.
(2) The orientation shall
must include a review of all of the following:
(a) Program statement, policies, and procedures.
(b) Needs and
characteristics of children available legally eligible for
adoption.
(c) Services and resources available.
(d) Fees and charges.
(e) Legal process.
(f) Training requirements.
(g) Post adoption service availability.
(2) An agency shall,
upon request, provide an adoptive application to an interested family.
(3) An agency may
consider an application withdrawn after 90 days if the applicant fails to
cooperate with the completion of the evaluation process.
R 400.12605 Adoptive family evaluation.
Rule 605. (1) An agency social service worker shall complete a written adoptive evaluation within 90 days of the family signing an adoption application and prior to approving a family for adoption.
(2) The report shall
must include the dates and places of contacts and persons interviewed or
observed.
(3) The report shall
be is an assessment of all of the following:
(a) A minimum of 1 Vvisits
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 previous 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 use disorder of each member of the household.
(vi) Parenting skills and attitudes toward children.
(vii) Methods of discipline
of calming children. and responding to challenging
behaviors.
(viii) Adjustment and special needs of the applicant’s own children, including children not living in the home.
(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 licenses or experience in providing child foster care, child day care, or adult foster care.
(xiii) Willingness to accept and support an adoptive child with the child’s individual characteristics, needs, and background.
(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.
(xv) Willingness and ability to understand an adopted child’s attachment to the birth family and other significant relationships.
(xvi) An understanding of and willingness to participate in concurrent planning.
(xvii) Willingness and ability to give an adopted child guidance, love, and affection and accept the child as a member of the household.
(xviii) Existence of social support system and alternate care providers.
(b) Previous adoption evaluations or placements.
(c) Previous criminal convictions
and confirmed child abuse or neglect investigations or concerns brought
to the agency’s or department’s attention for any member of the household.
(d) Three current
references from persons not related to the applicants. There shall must
be an evaluation of any negative references.
(e) A medical statement for each member of the household that indicates that the member has no known condition which would affect the care of an adoptive child. The
statement shall must
be signed by a physician within the 12-month period before the adoptive
evaluation.
(f) Safety and maintenance
of the applicant’s house and, property, including, but not
limited to, the following:
(i) Ssufficient
beds and sleeping space.
(ii) Ppets.
(iii) Wweapons.
and
(iv) Ffire
and water hazards.
(g) Assessment of the neighborhood, schools, community, and available resources for the purpose of adoption.
(h) The plan for guardianship of the child or children in the event of the parent or parents’ death or permanent disability preventing continuation of parental responsibility.
(i) The family’s plan to discuss adoption with any child adopted.
(j) Training needs of the family.
(k) The age, number,
gender, race, ethnic background, and special characteristics of children
preferred by the applicants.
R 400.12606 Training requirements.
Rule 606. An agency shall
document that an applicant for adoption has, at a minimum, had training
in all of the following areas:
(a) Separation.
(b) Attachment and bonding.
(c) Child development, including safe sleep practices for children under 1 year of
age.
(d) Behavioral, developmental, and emotional needs of adoptive children.
(e) Impact of adoption on the family.
(f) Post adoption service availability.
(g) Trauma.
(h) SOGIE.
(i) Human trafficking.
R 400.12607 Agency recommendation.
Rule 607. (1) An agency shall recommend the appropriate action consistent with the facts contained in the adoptive evaluation. An agency shall make a written recommendation based on the findings of the adoptive family evaluation.
(2) The recommendation shall
must include all of the following:
(a) Be in writing.
(b) Contain approval or denial of the applicants for adoption by a social service supervisor.
(c) If approved, the
number, gender SOGIE, age, race, ethnic background, religion
or spirituality, and special characteristics of adoptive children
who may be placed in the adoptive applicants’ 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.
(3) If an agency concludes
that an individual is not approved, then the basis for the decision shall
must be specified in the recommendation.
(4) An agency shall provide the applicants for adoption with a signed and dated copy of the evaluation and recommendation upon its completion.
R 400.12608 Adoptive family evaluation record.
Rule 608. (1) An agency shall retain a case record for each applicant for adoption.
(2) The record shall
must contain all of the following:
(a) Orientation documentation as required by R 400.12604.
(b) Adoptive evaluation as required by R 400.12605.
(c) Record of training provided.
(d) Documentation agency policies were provided to applicants.
(e) All documents pertaining to adoption evaluation required by R 400.12605.
(f) Agency recommendation as required by R 400.12606.
(3) An agency shall retain each adoptive family evaluation 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 must be forwarded to the
central office of the branch or associate office.
(5) If a child-placing
agency ceases operation, the agency’s adoption adoptive family
evaluation records shall must be shredded or returned to the
applicant if services to the applicant were terminated 3 or more years before
the closure. Records shall must be forwarded to the department’s
central office adoptions for all other records.
PART 7. ADOPTION PLACEMENT SERVICES
R 400.12701 Department authorization.
Rule 701. An agency
shall be authorized by Tthe department shall authorize an
agency to receive accept and place children for purposes of
adoption.
R 400.12702 Program statement.
Rule 702. (1) An agency shall have and follow a current written program statement.
(2) The statement shall
must include all of the following information:
(a) Types of adoptions
provided by the agency, including whether the agency accepts children released
under the safe delivery act, section 20 of the probate code of 1939, 1939
PA 288, MCL 712.20.
(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 must 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 all of the
following:
(i) Counseling services and any other available services to a person who is releasing a child for adoption.
(ii) Counseling services and any other available services to a child being released for adoption based on the needs of the child.
(iii) Counseling Therapeutic
services or post-finalization services provided to adoptive parents or to the
adoptee.
(f) Geographical area covered.
(3) An agency shall document that the statement has been provided to all persons making inquiry to release a child for adoption and to prospective adoptive parents.
R 400.12703 Policy and procedures.
Rule 703. (1) An agency shall have and follow written policies and procedures for the adoption services provided under R 400.12704 to R 400.12713.
(2) The policies and
procedures shall cover all of the following areas :
(a) Safeguarding rights.
(b) Release.
(c) Recruitment.
(d) Orientation.
(e) Child evaluation.
(f) Placement selection.
(g) Adoptive parent
information.
(h) Placement.
(i) Supervision.
(j) Adoption placement
record.
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, or who have released, 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.
R 400.12705 Release.
Rule 705. (1) An agency
social service worker shall document that information has been provided for
birth parents before the birth parents release their rights to a child unless
the child is relinquished under chapter XII of the probate code of 1939, the
safe delivery of newborns act, 1939 PA 288, MCL 712.1 to 712.20.
(2) The information shall
must 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.
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 serviced by the agency who are available for adoption.
(2) An agency shall recruit
adoptive parents for children served by the agency considering all of
the following criteria:
(a) Ages and developmental needs of children.
(b)
Racial, ethnic, and cultural identity, spirituality,
and SOGIE of children.
(c) Sibling relationships of children.
(d) Special needs of children.
(3) There shall must
be a child-specific recruitment plan for any child the agency is responsible
for who is available for adoption and who does not have an identified family.
The child-specific plan shall must be based on the child
evaluation, as required by R 400.12708, and updated reviewed every
90 days, and updated annually, as needed.
R
400.12707 Orientation.
Rescinded.
Rule 707. An agency
shall document that an orientation for the adoptive parents has been provided, consistent
with the requirements of R 400.12604, before they are determined suitable to
parent an adopted child.
R 400.12708 Child evaluation.
Rule 708. (1) A social
service worker shall complete a written assessment of each child available for
adoption. within 60 days of the child being referred for adoption. The
assessment shall must include all available information about
the child, available in the foster care file from the date the child
entered care, and shall meet all requirements of section 27 of the
probate code of 1939, 1939 PA 288, MCL 710.27.
(2) An agency shall must
have on file a written adoptive family evaluation and agency recommendation as
required under R 400.12605 and R 400.126067 12607 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.
R 400.12709 Placement selection.
Rule 709. (1) An agency shall
document how all of the following factors were assessed in selecting
appropriate adoptive parents:
(a) The physical, emotional, medical, and educational needs of the child.
(b) The child’s needs for continued contact with their parents, siblings, relatives, foster parents, and other persons significant to the child.
(c) The racial, ethnic, and cultural identity, heritage, spirituality, SOGIE, and background. The child’s racial, ethnic, and cultural identity, heritage, spirituality, SOGIE, 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, the child evaluation required by R 400.12708, orientation as required by R 400.12604, and the agency’s adoptive parent recommendation as required by R 400.12607.
(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
must be documented in the record.
(4) An agency may approve overnight pre-placement visits to a family being considered for adoption of a child. Pre-placement overnight visits may only occur under the following conditions:
(a) If the placement selected is a licensed foster home, the certifying agency gives approval prior to any visits starting.
(b) There is an approved child evaluation.
(c) There is an approved family evaluation.
(d) The child evaluation has been shared with the prospective adoptive family prior to any pre-placement visits occurring.
(e) Planning for pre-placement visits is focused on the best interests of the child.
(f) There is a written plan for transitioning the child from the foster home to the adoptive home.
(g) Unless there are
exceptional circumstances, that the transition period will not exceed 3
calendar months. A transitional period of more than 3 calendar months shall
must be approved in writing by the MCI superintendent or the court with
jurisdiction over the child.
(h) Overnight visitation
is done in compliance with section 1 of 1973 PA 116, MCL 722.111(i).
(5) 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 400.12604.
and R 400.12707.
(b) The evaluation of the prospective adoptive parents has been completed in accordance with the requirements of R 400.12605 and the placement is consistent with the recommendation completed in accordance with R 400.12607.
(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 or consent to adopt has been granted by the authorized agency representative.
(6) The provisions of this rule do not prohibit a temporary placement made under section 23d of the probate code of 1939, 1939 PA 288, MCL 710.23d.
R 400.12710 Adoptive parent information.
Rule 710. (1) An agency shall
must 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, SOGIE, and religious or spiritual background.
(e) Description of the
child’s family of origin, including age and sex gender 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) Placement history.
(i) 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.
R 400.12711 Placement.
Rule 711. An agency shall document how the following factors were assessed in selecting appropriate adoptive parents for a child:
(1) The physical, emotional, medical, and educational needs of the child.
(2) The child’s needs for continued contact with the birth parent, siblings, relatives, foster parents, and other persons significant to the child.
(3) The racial, ethnic, and
cultural, spiritual, identity, heritage, and background. The child’s
racial, ethnic, and cultural, spiritual, 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.
(4) The child’s SOGIE, if an assessment of the individual child indicates that such consideration is in the best interests of the child.
R 400.12712 Supervision.
Rule 712. (1) An agency shall
provide post-placement supervisory visits for the adoptive family at the
adoptive parent’s home as needed to assure ensure the safety and
well-being of the child, but not less than once every month, after the placement
of a child and until the final order of adoption., or as required by the sending state where the adoption
originated.
(2) An agency shall assess and record the child’s and adoptive family’s adjustment and, where needed, 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.
R 400.12713 Adoption placement record.
Rule 713. (1) An agency shall permanently retain a case record for each adoptive child after adoptive placement except as identified in subrule (5) of this rule.
(2) The record shall
must contain, at a minimum, all of the following:
(a) Orientation documentation
as required by R 400.1270712604.
(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 400.127121.
(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
department of human services.
(5) The Michigan
department of human services must permanently retain all adoption
records for children adopted from Michigan’s child welfare system. The adoption
agency must forward any adoption records for children adopted from the Michigan
child welfare system to the department one 1 year after
finalization of the adoption. The adoption agency may not retain the original
copies or any other copies of the adoption records.
PART 8 INTER-COUNTRY ADOPTION
R 400.12801 Department authorization.
Rule 801. (1) An agency
shall be authorized by Tthe department shall authorize an
agency to evaluate applicants for inter-country adoption.
(2) An agency shall be authorized
by Tthe department shall authorize an agency to assist
with the adoption or placement of a child coming to the United States for the
purpose of being adopted.
R 400.12802 Program statement.
Rule 802. An agency shall
have and follow a current written program statement that includes all of
the following information:
(1) Placement programs, by country.
(2) Eligibility requirements for adoptive parents established by the agency and the specific countries.
(3) Services available,
either directly or indirectly, both before adoption and after adoption.
(4) Procedures for completing adoptive evaluations.
(5) A clear delineation of
fees, charges, or other consideration or thing of value for adoption services.
Differences in fees for different countries shall must be clearly
stated.
(6) If the agency has
written contracts or agreements with individuals in the foreign country or
entity, the responsibilities of the agency and the responsibilities of the
contractor shall must be clearly identified.
(7) The regulations issued
by the United States federal government regarding the procedures for United
States citizens adopting from a particular country or entity and the
regulations issued by that country or entity for adoptions by foreigners shall
must be kept on file at the agency.
(8) If an agreement exists
between a foreign government or entity and an agency, an English language
translation of verified written agreements with the foreign government shall
must be on file at the agency and available for review. The agreement shall
must conform to the laws and regulations of the United States, this
state, and the foreign country.
(9) An agency shall provide the statement to all persons making inquiry about the agency’s services at the time of inquiry.
R 400.12803 Policies and procedures.
Rule 803. (1) The agency shall have and follow written policies and procedures for inter-country adoption services, including the requirements in R 400.12604, R 400.12605, and R 400.12804 to 400.12808.
(2) The policies and
procedures shall cover at least the following areas:
(a) Orientation, as
required in R 400.12604.
(b) Adoptive evaluation,
as required in R 400.12605.
(c) Fees.
(d) Placement.
(e) Supervision.
(f) Adoption record.
R 400.12804 Adoptive family evaluation.
Rule 804. (1) If an agency
assists a family with an evaluation prepared specifically for the adoption of a
child coming to the United States for the purpose of being adopted, then the
agency shall complete adoptive evaluations as required in R 400.12605.
(2) Adoptive family
evaluations accepted from other states or agencies in this state shall have
been must be completed by an agency or social worker licensed to
complete adoption home studies in the state where the evaluation was completed.
R 400.12805 Fees.
Rule 805. An agency shall have a specific fee policy that covers the following:
(1a) That all
fees are to be covered in a written agreement with applicants.
(2b) What
specific services are covered by the fees.
(3c) Whether
fees can change during an agreement.
(4d) Fees
associated with modifying the agreement.
(5e) Specific
fees for each country.
(6f) Fees
associated with changing countries.
(7g) What
fees can be transferred during the agreement.
(8h) What
fees are refundable and at what points in time.
(9i) How fees
are to be paid to individuals in other countries.
(10j) Which
fees are to be paid to individuals in other countries.
R 400.12806 Placement.
Rule 806. (1) 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. The decision shall must be
documented in the record.
(2) An adoptive family evaluation completed by a different agency or licensed social worker, where legal, must be endorsed by the agency arranging the placement.
R 400.12807 Supervision.
(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 month after the
placement of a child and until the final order of adoption, or as required by the country where the adoption originated.
(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.
400.12808 Inter-country adoption record.
Rule 8078. (1)
An agency shall permanently retain a case record for each adoptive child after
adoptive placement.
(2) The child record shall
must contain all of the following:
(a) Orientation
documentation as required by R 400.12707 12604.
(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) An agency shall retain a case record for each applicant family for adoption.
(4) The applicant family
record shall must contain all of the following:
(a) Orientation documentation as required by R 400.12604.
(b) Adoptive family evaluation as required by R 400.12605.
(c) Record of training provided.
(d) Documentation of agency policies that were provided to applicants.
(e) All documents pertaining to adoption evaluation required by R 400.12605.
(f) Agency recommendation as required by R 400.12606.
(5) An agency shall retain each applicant family record for not less than 3 years after the agency’s termination of services to the applicant family.
(6) 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.
(7) If a child-placing
agency ceases to operate, then the agency shall forward its child
records to the Michigan department of human services.
(8) If a child-placing
agency ceases operation, the agency’s adoptive applicant family records shall
must be shredded or returned to the applicant family if services to the
applicant family were terminated 3 or more years before the closure. Records shall
must be forwarded to the department of human
services central adoption division office adoptions for
all other records.