Michigan Compiled Laws

Mich. Comp. Laws § 400.1 (2026)

Family independence agency; creation; powers and duties; director, assistants, and employees; rules; successor to juvenile institute commission; other references.

✓ current as of July 2026

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THE SOCIAL WELFARE ACT

Act 280 of 1939

400.1 Family independence agency; creation; powers and duties; director, assistants, and employees; rules; successor to juvenile institute commission; other references.

Sec. 1.

(1) A department of state government is created that shall be known and designated as the family independence agency, and that shall possess the powers granted and perform the duties imposed in this act. The family independence agency shall consist of a director and the assistants and employees appointed or employed in the family independence agency.

(2) The family independence agency is responsible for the operation and supervision of the institutions and facilities established within the family independence agency. The institutions and facilities may be operated on a coeducational basis. The family independence agency shall make and enforce its own rules, not inconsistent with the law governing the institutions or facilities under its control, respecting the conduct of the institutions and facilities, discipline in the institutions and facilities, the care of property, and the welfare of the residents.

(3) The family independence agency shall be, in all respects, the legal successor to the powers, duties and responsibilities of the juvenile institute commission.

(4) A reference in this act to "the state department of social services", "the state department", or "department" means the family independence agency.

History: 1939, Act 280, Imd. Eff. June 16, 1939 ;-- Am. 1943, Act 208, Imd. Eff. Apr. 17, 1943 ;-- Am. 1947, Act 224, Imd. Eff. June 17, 1947 ;-- CL 1948, 400.1 ;-- Am. 1957, Act 95, Eff. Sept. 27, 1957 ;-- Am. 1972, Act 301, Eff. Jan. 1, 1973 ;-- Am. 1995, Act 223, Eff. Mar. 28, 1996

Compiler's Notes:

For transfer of powers and duties of the medical services administration, medical assistance program and state medical program from the department of social services, or the director, to the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.

For transfer of powers and duties of adult foster care licensing, adult foster care licensing advisory council, and child welfare licensing from the department of social services to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.

For renaming family independence agency to department of human services, see E.R.O. No. 2004-4, compiled at MCL 400.226.

For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties of adult foster care licensing advisory council to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties of adult foster care licensing advisory council from department of human services and director of department of human services to the director of department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For creation of department of health and human services and abolishment of department of human services, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

TransferOfPowers Notes:

See MCL 16.552.

PopularName Notes:

Act 280

AdminRule Notes:

R 400.1 et seq. of the Michigan Administrative Code.

Notes of Decisions

Cited in 88 cases (7 in the last 5 years), 1954–2026 · leading case: People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008).

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People v. Kanaan, 751 N.W.2d 57 (Mich. Ct. App. 2008). · cites it 2× “And this collaborative effort is further shown by Michigan’s Social Welfare Act, MCL 400.1 et seq., and the various provisions pertaining to Medicaid.”

Ketchum Est. v. Dep't of Health & Human Servs., 887 N.W.2d 226 (Mich. Ct. App. 2016). · cites it 2× “112k to Michigan’s Social Welfare Act, MCL 400.1 et seq. This legislation empowered defendant to “establish and operate the Michigan medicaid estate recovery program to comply with” 42 USC 1396p.”

People v. Higuera, 625 N.W.2d 444 (Mich. Ct. App. 2001). · cites it 2× “[8] MCL 400.1 et seq.; MSA 16.401 et seq. [9] The Court stated: The Court of Appeals, noting defendant is not a physician, concluded that as to non-physicians, "[t]here is [a] sufficient state interest in both the protection of the health and safety of a pregnant woman and the…”

Attorney Gen. v. Merck Sharp & Dohme Corp., 807 N.W.2d 343 (Mich. Ct. App. 2011). · cites it 3× “Plaintiffs relied on § 7 of the MFCA, which provides, in pertinent part: (1) A person shall not make or present or cause to be made or presented to an employee or officer of this state a claim under the social welfare act, 1939 PA 280 , MCL 400.1 to 400.119b, upon or against the…”

People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003). · cites it 2× “[23] MCL 400.1 et seq. [24] MCL 400.607. [25] American Medical Centers, supra at 153, 324 N.”

People v. Am. Med. Centers of Michigan, Ltd., 324 N.W.2d 782 (Mich. Ct. App. 1982). · cites it 2× “280 of the Public Acts of 1939 [MCL 400.1 et seq.; MSA 16.401 et seq.], as amended, upon or against the state, knowing the claim to be false, fictitious, or fraudulent.”

Faircloth v. Fam. Indep. Agency, 591 N.W.2d 314 (Mich. Ct. App. 1999). · cites it 2× “MCL 400.1 et seq.; MSA 16.401 et seq. [2] The Michigan Supreme Court amended the court rule to eliminate this procedure in May 1995, effective July 1995.”

In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002). “124a(l) provides: A probate court, a child placing agency, or the department may consent to routine, nonsurgical medical care, or emergency medical and surgical treatment of a minor child placed in out-of-home care pursuant to [MCL 400.1 to MCL 400.121, MCL 710.21 to MCL 712A.”

In re Beck, 793 N.W.2d 562 (Mich. 2010). “(2) The duty of support may be enforced by the minor or the child who has reached 18 years of age, his or her guardian, any relative within the third degree, an authorized government agency, or if the minor or the child who has reached 18 years of age is being supported in whole…”

People v. Orzame, 570 N.W.2d 118 (Mich. Ct. App. 1997). · cites it 2× “To establish a violation of the act, the prosecution must prove (1) the existence of a claim, (2) that the accused makes, presents, or causes to be made or presented to the state or its agent, (3) the claim is made under the Social Welfare Act, 1939 PA 280 , MCL 400.1 et seq.;…”

Michigan Welfare Rights Org. v. Dempsey, 462 F. Supp. 227 (E.D. Mich. 2008). · cites it 3× “§ 400.1 et seq., was designed, among other things, to take advantage of the benefits made available to the States under the Social Security Act, 42 U.”

In re Deng, 887 N.W.2d 445 (Mich. Ct. App. 2016). “124a(l), *630 [a] probate court[ 6 ] a child placing agency, or the [DHHS] may consent to routine, nonsurgical medical care, or emergency medical and surgical treatment of a minor child placed in out-of-home care pursuant [MCL 400.1 to MCL 400.121 and MCL 710.21 to MCL 712A.”

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— Mich. Comp. Laws § 400.1(1) — 1 case

Michigan Welfare Rights Org. v. Dempsey, 462 F. Supp. 227 (E.D. Mich. 2008). “§ 400.1 et seq., was designed, among other things, to take advantage of the benefits made available to the States under the Social Security Act, 42 U.”

— Mich. Comp. Laws § 400.1(4) — 1 case

Smith v. Dep't of Human Servs. Dir., 297 Mich. App. 148 (Mich. Ct. App. 2012).

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