ADULT FOSTER CARE FACILITY LICENSING ACT
Act 218 of 1979
400.703 Definitions; A.
Sec. 3.
(1) "Adult" means:
(a) A person 18 years of age or older.
(b) A person who is placed in an adult foster care family home or an adult foster care small group home according to section 5(6) or (8) of 1973 PA 116, MCL 722.115.
(2) "Adult foster care camp" or "adult camp" means an adult foster care facility with the approved capacity to receive more than 4 adults to be provided foster care. An adult foster care camp is a facility located in a natural or rural environment.
(3) "Adult foster care congregate facility" means an adult foster care facility with the approved capacity to receive more than 20 adults to be provided with foster care.
(4) "Adult foster care facility" means a home or facility that provides foster care to adults. Subject to section 26a(1), adult foster care facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis but who do not require continuous nursing care. Adult foster care facility does not include any of the following:
(a) A nursing home licensed under part 217 of the public health code, 1978 PA 368, MCL 333.21701 to 333.21799e.
(b) A home for the aged licensed under part 213 of the public health code, 1978 PA 368, MCL 333.21301 to 333.21335.
(c) A hospital licensed under part 215 of the public health code, 1978 PA 368, MCL 333.21501 to 333.21571.
(d) A hospital for the mentally ill or a facility for the developmentally disabled operated by the department of health and human services under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(e) A county infirmary operated by a county department of health and human services under section 55 of the social welfare act, 1939 PA 280, MCL 400.55.
(f) A child caring institution, children's camp, foster family home, or foster family group home licensed or approved under 1973 PA 116, MCL 722.111 to 722.128, if the number of residents who become 18 years of age while residing in the institution, camp, or home does not exceed the following:
(i) Two, if the total number of residents is 10 or fewer.
(ii) Three, if the total number of residents is not less than 11 and not more than 14.
(iii) Four, if the total number of residents is not less than 15 and not more than 20.
(iv) Five, if the total number of residents is 21 or more.
(g) A foster family home licensed or approved under 1973 PA 116, MCL 722.111 to 722.128, that has a person who is 18 years of age or older placed in the foster family home under section 5(7) of 1973 PA 116, MCL 722.115.
(h) An establishment commonly described as an alcohol or a substance use disorder rehabilitation center, except if licensed as both a substance use disorder program and an adult foster care facility and approved as a co-occurring enhanced crisis residential program, a residential facility for persons released from or assigned to adult correctional institutions, a maternity home, or a hotel or rooming house that does not provide or offer to provide foster care.
(i) A facility created by 1885 PA 152, MCL 36.1 to 36.12.
(j) An area excluded from the definition of adult foster care facility under section 17(3) of the continuing care community disclosure act, 2014 PA 448, MCL 554.917.
(k) A private residence with the capacity to receive at least 1 but not more than 4 adults who all receive benefits from a community mental health services program if the local community mental health services program monitors the services being delivered in the residential setting.
(5) "Adult foster care family home" means a private residence with the approved capacity to receive at least 3 but not more than 6 adults to be provided with foster care. The adult foster care family home licensee must be a member of the household and an occupant of the residence.
(6) "Adult foster care large group home" means an adult foster care facility with the approved capacity to receive at least 13 but not more than 20 adults to be provided with foster care.
(7) "Adult foster care small group home" means an adult foster care facility with the approved capacity to receive at least 3 but not more than 12 adults to be provided with foster care.
(8) "Aged" means an adult whose chronological age is 60 years of age or older or whose biological age, as determined by a physician, is 60 years of age or older.
(9) "Assessment plan" means a written statement prepared in cooperation with a responsible agency or person that identifies the specific care and maintenance, services, and resident activities appropriate for each individual resident's physical and behavioral needs and well-being and the methods of providing the care and services taking into account the preferences and competency of the individual.
(10) "Board" means food service provided at the adult foster care facility.
History: 1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1981, Act 124, Imd. Eff. July 23, 1981 ;-- Am. 1984, Act 40, Imd. Eff. Mar. 26, 1984 ;-- Am. 1984, Act 140, Imd. Eff. June 1, 1984 ;-- Am. 1990, Act 262, Eff. Mar. 28, 1991 ;-- Am. 1991, Act 161, Imd. Eff. Dec. 9, 1991 ;-- Am. 1995, Act 82, Imd. Eff. June 15, 1995 ;-- Am. 1996, Act 194, Eff. Aug. 1, 1996 ;-- Am. 1998, Act 442, Imd. Eff. Dec. 30, 1998 ;-- Am. 2014, Act 450, Imd. Eff. Jan. 2, 2015 ;-- Am. 2016, Act 525, Eff. Apr. 9, 2017 ;-- Am. 2018, Act 388, Eff. Mar. 19, 2019 ;-- Am. 2018, Act 557, Eff. Mar. 28, 2019
Compiler's Notes:
For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
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 pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Notes of Decisions
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
· cites it 11× “We do not base our decision on this statutory definition, however, because it appears in a chapter which addresses the procedures for civil admission and discharge of emotionally disturbed minors.”
Oxford Twp. v. Dep't of Soc. Servs., 327 N.W.2d 409 (Mich. Ct. App. 1982).
· cites it 9× “Further, plaintiff contends that mentally ill persons were intended to reside only in the larger congregate facilities or large-group homes, as established by the express mention of the mentally ill, as opposed to emotionally disturbed, in those provisions, MCL 400.703, subds…”
Healing Place at North Oakland Med. Ctr. v. Allstate Ins., 744 N.W.2d 174 (Mich. Ct. App. 2008).
· cites it 2× “MCL 400.703(4). Furthermore, "foster care" is defined as "the provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation.”
Greentrees Civic Ass'n v. Pignatiello, 333 N.W.2d 350 (Mich. Ct. App. 1983).
· cites it 2× “See MCL 400.703(4); MSA 16.610(53)(4). The fact that "emotionally disturbed" is not defined separately in the act is no reason to equate its use with that of "mentally ill".”
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009).
· cites it 2× “” MCLA § 400.703(4). “‘Mental illness’ means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.”
Brandon Twp. v. North-Oakland Residential Servs., Inc., 312 N.W.2d 238 (Mich. Ct. App. 1981).
“” MCL 400.703; MSA 16.610(53). Plaintiff contends that, since § 16a of the TRZA exempts only a "state licensed residential facility providing supervision or care, or both, to 6 or less persons” and that an "adult foster care family home” is the only facility which is limited to…”
City of Livonia v. Dep't of Soc. Servs., 328 N.W.2d 1 (Mich. Ct. App. 1982).
“It is unnecessary to decide this issue on appeal since the individuals who are to live in the homes are developmentally disabled.”
Riverview MacOmb Home & Attendant Care v. State Farm Mut. Auto (Mich. Ct. App. 2016).
· cites it 4× “With respect to the adult foster care issue, in reversing the trial court in part, this Court considered the definition of “adult foster care facility” in MCL 400.703(4) and concluded that the evidence “does not establish that plaintiff facilities provided services to Wallace…”
DeLuca v. AMICA Mut. Ins. Co. (E.D. Mich. 2019).
· cites it 4× “§ 400.703(4). The statue defines an adult foster care facility as “an establishment that provides foster care to adults,” with supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week and for 2 or more consecutive weeks…”
— Mich. Comp. Laws § 400.703(1) — 1 case
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“We do not base our decision on this statutory definition, however, because it appears in a chapter which addresses the procedures for civil admission and discharge of emotionally disturbed minors.”
— Mich. Comp. Laws § 400.703(1)(b) — 1 case
— Mich. Comp. Laws § 400.703(10) — 1 case
— Mich. Comp. Laws § 400.703(2) — 1 case
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“We do not base our decision on this statutory definition, however, because it appears in a chapter which addresses the procedures for civil admission and discharge of emotionally disturbed minors.”
— Mich. Comp. Laws § 400.703(3) — 2 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“We do not base our decision on this statutory definition, however, because it appears in a chapter which addresses the procedures for civil admission and discharge of emotionally disturbed minors.”
Oxford Twp. v. Dep't of Soc. Servs., 327 N.W.2d 409 (Mich. Ct. App. 1982).
“Further, plaintiff contends that mentally ill persons were intended to reside only in the larger congregate facilities or large-group homes, as established by the express mention of the mentally ill, as opposed to emotionally disturbed, in those provisions, MCL 400.703, subds…”
— Mich. Comp. Laws § 400.703(4) — 14 cases
Healing Place at North Oakland Med. Ctr. v. Allstate Ins., 744 N.W.2d 174 (Mich. Ct. App. 2008).
“MCL 400.703(4). Furthermore, "foster care" is defined as "the provision of supervision, personal care, and protection in addition to room and board, for 24 hours a day, 5 or more days a week, and for 2 or more consecutive weeks for compensation.”
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“We do not base our decision on this statutory definition, however, because it appears in a chapter which addresses the procedures for civil admission and discharge of emotionally disturbed minors.”
Oxford Twp. v. Dep't of Soc. Servs., 327 N.W.2d 409 (Mich. Ct. App. 1982).
“Further, plaintiff contends that mentally ill persons were intended to reside only in the larger congregate facilities or large-group homes, as established by the express mention of the mentally ill, as opposed to emotionally disturbed, in those provisions, MCL 400.703, subds…”
Greentrees Civic Ass'n v. Pignatiello, 333 N.W.2d 350 (Mich. Ct. App. 1983).
“See MCL 400.703(4); MSA 16.610(53)(4). The fact that "emotionally disturbed" is not defined separately in the act is no reason to equate its use with that of "mentally ill".”
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009).
“” MCLA § 400.703(4). “‘Mental illness’ means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.”
— Mich. Comp. Laws § 400.703(4)(a) — 1 case
— Mich. Comp. Laws § 400.703(4)(h) — 1 case
Riverview MacOmb Home & Attendant Care v. State Farm Mut. Auto (Mich. Ct. App. 2016).
“With respect to the adult foster care issue, in reversing the trial court in part, this Court considered the definition of “adult foster care facility” in MCL 400.703(4) and concluded that the evidence “does not establish that plaintiff facilities provided services to Wallace…”
— Mich. Comp. Laws § 400.703(4)(k) — 1 case
— Mich. Comp. Laws § 400.703(5) — 3 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“We do not base our decision on this statutory definition, however, because it appears in a chapter which addresses the procedures for civil admission and discharge of emotionally disturbed minors.”
Oxford Twp. v. Dep't of Soc. Servs., 327 N.W.2d 409 (Mich. Ct. App. 1982).
“Further, plaintiff contends that mentally ill persons were intended to reside only in the larger congregate facilities or large-group homes, as established by the express mention of the mentally ill, as opposed to emotionally disturbed, in those provisions, MCL 400.703, subds…”
— Mich. Comp. Laws § 400.703(6) — 2 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“We do not base our decision on this statutory definition, however, because it appears in a chapter which addresses the procedures for civil admission and discharge of emotionally disturbed minors.”
Oxford Twp. v. Dep't of Soc. Servs., 327 N.W.2d 409 (Mich. Ct. App. 1982).
“Further, plaintiff contends that mentally ill persons were intended to reside only in the larger congregate facilities or large-group homes, as established by the express mention of the mentally ill, as opposed to emotionally disturbed, in those provisions, MCL 400.703, subds…”
— Mich. Comp. Laws § 400.703(7) — 2 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
“We do not base our decision on this statutory definition, however, because it appears in a chapter which addresses the procedures for civil admission and discharge of emotionally disturbed minors.”
Oxford Twp. v. Dep't of Soc. Servs., 327 N.W.2d 409 (Mich. Ct. App. 1982).
“Further, plaintiff contends that mentally ill persons were intended to reside only in the larger congregate facilities or large-group homes, as established by the express mention of the mentally ill, as opposed to emotionally disturbed, in those provisions, MCL 400.703, subds…”
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