Mich. Comp. Laws » Michigan Compiled Laws / Chapter 400 / Act 218 of 1979
Michigan Compiled Laws

Mich. Comp. Laws § 400.705 (2026)

Definitions; G to N.

✓ current as of July 2026
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ADULT FOSTER CARE FACILITY LICENSING ACT


Act 218 of 1979


400.705 Definitions; G to N.

Sec. 5.

    (1) "Good moral character" means good moral character as defined in 1974 PA 381, MCL 338.41 to 338.47.

    (2) "Licensed hospice program" means a health care program that provides a coordinated set of services rendered at home or in an outpatient or institutional setting for individuals suffering from a disease or condition with a terminal prognosis and that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

    (3) "Licensee" means the agency, association, corporation, organization, person, or department or agency of the state, county, city, or other political subdivision, that has been issued a license to operate an adult foster care facility.

    (4) "Licensee designee" means the individual designated in writing by the owner or person with legal authority to act on behalf of the company or organization on licensing matters. The licensee designee must meet the licensee qualification requirements of this act and rules promulgated under this act. The licensee designee who is not an owner, partner, or director of the applicant shall not sign the original license application or amendments to the application.

    (5) "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.

    (6) "New construction" means a newly constructed facility or a facility that has been completely renovated for use as an adult foster care facility.

History: 1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1984, Act 40, Imd. Eff. Mar. 26, 1984 ;-- Am. 1996, Act 194, Eff. Aug. 1, 1996 ;-- Am. 2010, Act 380, Imd. Eff. Dec. 22, 2010 ;-- 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
Cited in 4 cases, 1982–2009 · leading case: City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985).
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City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985). “[MCL 400.705(4); MSA 16.610(55X4).] This definition is identical to the definition of "mental illness” contained in § 400a of the Mental Health Code, MCL 330.”
Greentrees Civic Ass'n v. Pignatiello, 333 N.W.2d 350 (Mich. Ct. App. 1983). · cites it 2× “MCL 400.705(4); MSA 16.610(55)(4). I believe that the Legislature, by using the term "emotionally disturbed", indicated a less severe degree of impairment.”
Oxford Twp. v. Dep't of Soc. Servs., 327 N.W.2d 409 (Mich. Ct. App. 1982). “” MCL 400.705(4); MSA 16.610(55)(4). 3 Plaintiff improperly infers that all mentally ill persons are dangerous from § 401 of the Mental Health Code, MCL 330.”
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009). · cites it 2× “” MCLA § 400.705(5). Foster care is “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.”
— Mich. Comp. Laws § 400.705(4) — 3 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985). “[MCL 400.705(4); MSA 16.610(55X4).] This definition is identical to the definition of "mental illness” contained in § 400a of the Mental Health Code, MCL 330.”
Greentrees Civic Ass'n v. Pignatiello, 333 N.W.2d 350 (Mich. Ct. App. 1983). “MCL 400.705(4); MSA 16.610(55)(4). I believe that the Legislature, by using the term "emotionally disturbed", indicated a less severe degree of impairment.”
Oxford Twp. v. Dep't of Soc. Servs., 327 N.W.2d 409 (Mich. Ct. App. 1982). “” MCL 400.705(4); MSA 16.610(55)(4). 3 Plaintiff improperly infers that all mentally ill persons are dangerous from § 401 of the Mental Health Code, MCL 330.”
— Mich. Comp. Laws § 400.705(5) — 1 case
Allstate Ins. v. Frankel, 259 F.R.D. 274 (E.D. Mich. 2009). “” MCLA § 400.705(5). Foster care is “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.”
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