THE SOCIAL WELFARE ACT
Act 280 of 1939
400.11 Definitions.
Sec. 11.
As used in this section and sections 11a to 11f:
(a) "Abuse" means harm or threatened harm to an adult's health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment.
(b) "Adult in need of protective services" or "adult" means a vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited.
(c) "Exploitation" means an action that involves the misuse of an adult's funds, property, or personal dignity by another person.
(d) "Neglect" means harm to an adult's health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult's health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. A person shall not be considered to be abused, neglected, or in need of emergency or protective services for the sole reason that the person is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person.
(e) "Protective services" includes, but is not limited to, remedial, social, legal, health, mental health, and referral services provided in response to a report of alleged harm or threatened harm because of abuse, neglect, or exploitation.
(f) "Vulnerable" means a condition in which an adult is unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age.
History: Add. 1982, Act 519, Eff. Mar. 30, 1983 ;-- Am. 1990, Act 122, Imd. Eff. June 26, 1990
Compiler's Notes:
Former MCL 400.11, creating an irrevocable medical assistance account within the general fund, was repealed by Act 321 of 1966.
PopularName Notes:
Act 280
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1994–2021 · leading case:
People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).
People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).
· cites it 8× “(iii) An adult as defined in section lift)) of the social welfare act, MCL 400.11. MCL 400.11 states in relevant part: Ob) “Adult in need of protective services” or “adult” means a vulnerable person not less than 18 years of age who is suspected of being or believed to be…”
In re Conservatorship of Townsend, 809 N.W.2d 424 (Mich. Ct. App. 2011).
· cites it 3× “” MCL 400.11(b). And “exploitation” is defined as “an action that involves the misuse of an adult’s funds, property, or personal dignity by another person.”
People of Michigan v. Dakota Lee Shorter, 922 N.W.2d 628 (Mich. Ct. App. 2018).
· cites it 2× “Because of our decision, we need not address the question of notice or the performance of defense counsel. We note, however, that defense counsel did object to the use of the support dog as quoted earlier.”
Gogebic Med. Care Facility v. AFSCME Local 992, 531 N.W.2d 728 (Mich. Ct. App. 1995).
· cites it 2× “Smith asserts that the agency improperly relied on a definition of the term "abuse” that exceeded the statutory definition contained in MCL 400.11(a); MSA 16.411(a). This argument is without merit.”
Michigan Residential Care Ass'n v. Dep't of Soc. Servs., 526 N.W.2d 9 (Mich. Ct. App. 1994).
“The issue is whether an adult foster care facility or the dss must pay for health and sanitation inspections performed pursuant to § 11(1) of the Adult Foster Care Facility Licensing Act (afcfla), MCL 400.11(1); MSA 16.610(61)(1). 1 Section 11(1) of the afcfla provides that a…”
People v. Edenstrom, 760 N.W.2d 603 (Mich. Ct. App. 2008).
· cites it 4× “And this proffered definition and explanation is not only consistent with the dictionary definition; it is also consistent with the definition of "neglect" under the Social Welfare Act, MCL 400.11 et seq., which states, in part, that "[n]eglect includes the failure to provide…”
Mich Ass'n Int Spec Ed. v. Dss, 526 N.W.2d 36 (Mich. Ct. App. 1994).
“[MCL 400.11; MSA 16.411.] Petitioners argue that the terms "abuse" and "neglect," in both statutes, should be construed to encompass the educational abuse or neglect presented by these factual situations.”
— Mich. Comp. Laws § 400.11(1) — 1 case
Michigan Residential Care Ass'n v. Dep't of Soc. Servs., 526 N.W.2d 9 (Mich. Ct. App. 1994).
“The issue is whether an adult foster care facility or the dss must pay for health and sanitation inspections performed pursuant to § 11(1) of the Adult Foster Care Facility Licensing Act (afcfla), MCL 400.11(1); MSA 16.610(61)(1). 1 Section 11(1) of the afcfla provides that a…”
— Mich. Comp. Laws § 400.11(a) — 1 case
Gogebic Med. Care Facility v. AFSCME Local 992, 531 N.W.2d 728 (Mich. Ct. App. 1995).
“Smith asserts that the agency improperly relied on a definition of the term "abuse” that exceeded the statutory definition contained in MCL 400.11(a); MSA 16.411(a). This argument is without merit.”
— Mich. Comp. Laws § 400.11(b) — 4 cases
People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).
“(iii) An adult as defined in section lift)) of the social welfare act, MCL 400.11. MCL 400.11 states in relevant part: Ob) “Adult in need of protective services” or “adult” means a vulnerable person not less than 18 years of age who is suspected of being or believed to be…”
In re Conservatorship of Townsend, 809 N.W.2d 424 (Mich. Ct. App. 2011).
“” MCL 400.11(b). And “exploitation” is defined as “an action that involves the misuse of an adult’s funds, property, or personal dignity by another person.”
People of Michigan v. Dakota Lee Shorter, 922 N.W.2d 628 (Mich. Ct. App. 2018).
“Because of our decision, we need not address the question of notice or the performance of defense counsel. We note, however, that defense counsel did object to the use of the support dog as quoted earlier.”
— Mich. Comp. Laws § 400.11(c) — 1 case
In re Conservatorship of Townsend, 809 N.W.2d 424 (Mich. Ct. App. 2011).
“” MCL 400.11(b). And “exploitation” is defined as “an action that involves the misuse of an adult’s funds, property, or personal dignity by another person.”
— Mich. Comp. Laws § 400.11(d) — 1 case
People v. Edenstrom, 760 N.W.2d 603 (Mich. Ct. App. 2008).
“And this proffered definition and explanation is not only consistent with the dictionary definition; it is also consistent with the definition of "neglect" under the Social Welfare Act, MCL 400.11 et seq., which states, in part, that "[n]eglect includes the failure to provide…”
— Mich. Comp. Laws § 400.11(f) — 3 cases
People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).
“(iii) An adult as defined in section lift)) of the social welfare act, MCL 400.11. MCL 400.11 states in relevant part: Ob) “Adult in need of protective services” or “adult” means a vulnerable person not less than 18 years of age who is suspected of being or believed to be…”
In re Conservatorship of Townsend, 809 N.W.2d 424 (Mich. Ct. App. 2011).
“” MCL 400.11(b). And “exploitation” is defined as “an action that involves the misuse of an adult’s funds, property, or personal dignity by another person.”
People of Michigan v. Dakota Lee Shorter, 922 N.W.2d 628 (Mich. Ct. App. 2018).
“Because of our decision, we need not address the question of notice or the performance of defense counsel. We note, however, that defense counsel did object to the use of the support dog as quoted earlier.”
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