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

Mich. Comp. Laws § 400.716 (2026)

Temporary license; prohibitions.

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


Act 218 of 1979


400.716 Temporary license; prohibitions.

Sec. 16.

    (1) Unless the city, village, or township approves a temporary license, a temporary license shall not be granted under this act if the issuance of the license would substantially contribute to an excessive concentration of community residential facilities within a city, village, or township of this state.

    (2) A temporary license shall not be granted under this act if the proposed adult foster care facility for more than 6 adults has not obtained zoning approval or obtained a special or conditional use permit if required by an ordinance of the city, village, or township in which the proposed facility is located.

    (3) The department shall not issue a temporary license to an adult foster care facility which does not comply with section 16a of Act No. 183 of the Public Acts of 1943, as amended, being section 125.216a of the Michigan Compiled Laws, section 16a of Act No. 184 of the Public Acts of 1943, as amended, being section 125.286a of the Michigan Compiled Laws, and section 3b of Act No. 207 of the Public Acts of 1921, as amended, being section 125.583b of the Michigan Compiled Laws.

    (4) This section shall not apply to an applicant who has purchased a facility and the facility, at the time of the purchase, or for 1 year preceding the application, was licensed under this act or an act repealed by this act.

History: 1979, Act 218, Eff. Mar. 27, 1980

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 12 cases, 1981–2001 · 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). · cites it 3× “610(66)(1), states that the dss cannot issue a temporary license to a proposed afc facility without local approval if the issuance "would substantially contribute to an excessive concentration of community residential facilities within a city, village, or township.”
Larkin v. Michigan, 883 F. Supp. 172 (E.D. Mich. 1995). · cites it 14× “§ 400.716, and M.C.L. § 400.732, violated the Fair Housing Amendments Act and Plaintiffs rights under the Equal Protection and Due Process Clauses of the U.”
City of Livonia v. Dep't of Soc. Servs., 333 N.W.2d 151 (Mich. Ct. App. 1983). · cites it 4× “” MCL 400.716(1); MSA 16.610(66X1). Further, § 16(3) provides that: "The department shall not issue a temporary license to an adult foster care facility which does not comply with * * * section 3b of Act No.”
Smith & Lee Assocs., Inc., A/K/A Mortenview Manor, a Michigan Corp. United States of Am. v. City of Taylor, Michigan, 13 F.3d 920 (6th Cir. 1994). “2 The Michigan Adult Foster Care Facility Licensing Act (“AFCFLA”), Mich. Comp.Laws § 400.716(2). The City gives two reasons why Morten-view Manor may not operate with more than six residents.”
Frazier v. City of Grand Ledge, MI, 135 F. Supp. 2d 845 (W.D. Mich. 2001). · cites it 2× “” Mich.Comp.Laws § 400.716(2). While this law does not prohibit AFC homes for more than six residents in single-family residential areas, neither does it mandate that such AFC homes be allowed in single-family residential areas.”
United States v. City of Taylor, Mich., 872 F. Supp. 423 (E.D. Mich. 1995). “Laws § 400.716(2). From the start, Smith & Lee sought to house twelve residents in Mortenview Manor.”
United States v. City of Taylor, Mich., 798 F. Supp. 442 (E.D. Mich. 1992). “§ 400.716. Smith & Lee seeks to expand its capacity to twelve residents because operating the home with only six residents is not financially feasible.”
Canton Charter Twp. v. Dep't of Soc. Servs., 340 N.W.2d 306 (Mich. Ct. App. 1983). · cites it 3× “MCL 400.716(1); MSA 16.610(66)(1) provides that "a temporary license shall not be granted under this act if the issuance of the license would substantially contribute to an excessive concentration of community residential facilities within a city, village, or township of this…”
City of Dearborn v. Dep't of Soc. Servs., 327 N.W.2d 419 (Mich. Ct. App. 1982). “The Legislature’s intent that foster care facilities with six or less residents remain free of zoning restrictions is made clear by § 16(2) of the Adult Foster Care Facility Licensing Act, MCL 400.716(2); MSA 16.610(66X2), which requires zoning approval for larger foster care…”
Erickson v. Dep't of Soc. Servs., 310 N.W.2d 428 (Mich. Ct. App. 1981). · cites it 2× “MCL 400.716(3); MSA 16.610(66)(3). As evidenced by the more detailed licensing provisions of the Adult Foster Care Facility Licensing Act, the Legislature could have provided for specific licensing of both private and governmental child care institutions.”
Shelby Twp. v. Dep't of Soc. Servs., 372 N.W.2d 533 (Mich. Ct. App. 1985). · cites it 2× “Shelby Township also claims that the Legislature unconstitutionally delegated authority in § 16(1) of the Adult Foster Care Facility Licensing Act, 1979 PA 218 ; MCL 400.716(1); MSA 16.610(66X1), which provides as follows: "Unless the city, village, or township approves a…”
City of Livonia v. Dep't of Soc. Servs., 328 N.W.2d 1 (Mich. Ct. App. 1982). “MCL 400.716(2); MSA 16.610(66)(2). We also reject the claim that the statute unconstitutionally displaces local zoning power.”
— Mich. Comp. Laws § 400.716(1) — 5 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985). “610(66)(1), states that the dss cannot issue a temporary license to a proposed afc facility without local approval if the issuance "would substantially contribute to an excessive concentration of community residential facilities within a city, village, or township.”
City of Livonia v. Dep't of Soc. Servs., 333 N.W.2d 151 (Mich. Ct. App. 1983). “” MCL 400.716(1); MSA 16.610(66X1). Further, § 16(3) provides that: "The department shall not issue a temporary license to an adult foster care facility which does not comply with * * * section 3b of Act No.”
Canton Charter Twp. v. Dep't of Soc. Servs., 340 N.W.2d 306 (Mich. Ct. App. 1983). “MCL 400.716(1); MSA 16.610(66)(1) provides that "a temporary license shall not be granted under this act if the issuance of the license would substantially contribute to an excessive concentration of community residential facilities within a city, village, or township of this…”
Larkin v. Michigan, 883 F. Supp. 172 (E.D. Mich. 1995). “§ 400.716, and M.C.L. § 400.732, violated the Fair Housing Amendments Act and Plaintiffs rights under the Equal Protection and Due Process Clauses of the U.”
Shelby Twp. v. Dep't of Soc. Servs., 372 N.W.2d 533 (Mich. Ct. App. 1985). “Shelby Township also claims that the Legislature unconstitutionally delegated authority in § 16(1) of the Adult Foster Care Facility Licensing Act, 1979 PA 218 ; MCL 400.716(1); MSA 16.610(66X1), which provides as follows: "Unless the city, village, or township approves a…”
— Mich. Comp. Laws § 400.716(2) — 7 cases
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985). “610(66)(1), states that the dss cannot issue a temporary license to a proposed afc facility without local approval if the issuance "would substantially contribute to an excessive concentration of community residential facilities within a city, village, or township.”
Smith & Lee Assocs., Inc., A/K/A Mortenview Manor, a Michigan Corp. United States of Am. v. City of Taylor, Michigan, 13 F.3d 920 (6th Cir. 1994). “2 The Michigan Adult Foster Care Facility Licensing Act (“AFCFLA”), Mich. Comp.Laws § 400.716(2). The City gives two reasons why Morten-view Manor may not operate with more than six residents.”
City of Livonia v. Dep't of Soc. Servs., 333 N.W.2d 151 (Mich. Ct. App. 1983). “” MCL 400.716(1); MSA 16.610(66X1). Further, § 16(3) provides that: "The department shall not issue a temporary license to an adult foster care facility which does not comply with * * * section 3b of Act No.”
Frazier v. City of Grand Ledge, MI, 135 F. Supp. 2d 845 (W.D. Mich. 2001). “” Mich.Comp.Laws § 400.716(2). While this law does not prohibit AFC homes for more than six residents in single-family residential areas, neither does it mandate that such AFC homes be allowed in single-family residential areas.”
United States v. City of Taylor, Mich., 872 F. Supp. 423 (E.D. Mich. 1995). “Laws § 400.716(2). From the start, Smith & Lee sought to house twelve residents in Mortenview Manor.”
— Mich. Comp. Laws § 400.716(3) — 4 cases
Larkin v. Michigan, 883 F. Supp. 172 (E.D. Mich. 1995). “§ 400.716, and M.C.L. § 400.732, violated the Fair Housing Amendments Act and Plaintiffs rights under the Equal Protection and Due Process Clauses of the U.”
City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985). “610(66)(1), states that the dss cannot issue a temporary license to a proposed afc facility without local approval if the issuance "would substantially contribute to an excessive concentration of community residential facilities within a city, village, or township.”
City of Livonia v. Dep't of Soc. Servs., 333 N.W.2d 151 (Mich. Ct. App. 1983). “” MCL 400.716(1); MSA 16.610(66X1). Further, § 16(3) provides that: "The department shall not issue a temporary license to an adult foster care facility which does not comply with * * * section 3b of Act No.”
Erickson v. Dep't of Soc. Servs., 310 N.W.2d 428 (Mich. Ct. App. 1981). “MCL 400.716(3); MSA 16.610(66)(3). As evidenced by the more detailed licensing provisions of the Adult Foster Care Facility Licensing Act, the Legislature could have provided for specific licensing of both private and governmental child care institutions.”
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