Michigan Compiled Laws
Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737)
Section 400.708 - Adult Foster Care Licensing Advisory Council; Creation; Appointment, Qualifications, and Terms of Members; Vacancy; Compensation; Schedule for Reimbursement; Content and Enforcement of Rules; Conducting Business at Public Meeting; A...

Sec. 8.
(1) The adult foster care licensing advisory council is created within the department. The council shall consist of 11 members, appointed by the director. The director shall appoint at least 1 member of the council from appropriate state and local agencies, private or public organizations, adult foster care providers, and residents of adult foster care facilities or their representatives. In appointing the first members of the council, the director shall appoint 3 members for a term of 1 year, 4 for 2 years, and 4 for 3 years. After the initial appointment, members shall serve 3-year terms. A vacancy shall be filled for the remainder of the unexpired term in the same manner as original appointments are made.
(2) The per diem compensation of the council members and the schedule for reimbursement of travel and other expenses shall be pursuant to the compensation and schedules established by the legislature. The council shall meet not more than once each month. The council shall advise the department on the content of rules and their enforcement.
(3) The business which the council may perform shall be conducted at a public meeting of the council held in compliance with Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976, as amended.
(4) Except as provided in section 12, a writing prepared, owned, used, in the possession of, or retained by the council in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, as amended, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History: 1979, Act 218, Eff. Mar. 27, 1980 Compiler's Notes: For transfer of powers and duties of the adult foster care licensing advisory council 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 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 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 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.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 400 - Social Services

Act 218 of 1979 - Adult Foster Care Facility Licensing Act (400.701 - 400.737)

Section 400.701 - Short Title.

Section 400.702 - Meanings of Words and Phrases.

Section 400.703 - Definitions; A.

Section 400.704 - Definitions; C to F.

Section 400.705 - Definitions; G to N.

Section 400.706 - Definitions; P to Q.

Section 400.707 - Definitions; R to T.

Section 400.708 - Adult Foster Care Licensing Advisory Council; Creation; Appointment, Qualifications, and Terms of Members; Vacancy; Compensation; Schedule for Reimbursement; Content and Enforcement of Rules; Conducting Business at Public Meeting; A...

Section 400.709 - Administration of Act; Reports, Procedures, Inspections, and Investigations; Advice and Technical Assistance; Consultations; Cooperation With Other Agencies; Education of Public.

Section 400.710 - Rules; Variance, Modification, or Change; Purposes; Restriction; Review; Rules Subject to MCL 554.917.

Section 400.711 - Inspections; Visitations; Administration and Enforcement of Rules; Reports; Final Determination as to License; Public Inspection of Reports; Biannual Inspection Report for Certain Entities.

Section 400.712 - Keeping and Maintaining Records and Reports; Examination and Copying of Books, Records, and Reports; Confidentiality; Inspection of Records by Resident.

Section 400.713 - License Required; Application; Forms; Investigation; On-Site Evaluation; Issuance or Renewal of License; Disclosures; Maximum Number of Persons; Stating Type of Specialized Program; Issuance of License to Specific Person at Specific...

Section 400.713a - Fees.

Section 400.714 - Temporary License; Issuance of Regular License or Provisional License; Refusal to Issue License; Temporary License Nonrenewable; Plan of Correction.

Section 400.715 - Temporary License; Adult Foster Care Congregate Facility.

Section 400.716 - Temporary License; Prohibitions.

Section 400.717 - Provisional License.

Section 400.718 - Special License; Rules.

Section 400.719 - Regular License; Issuance; Validity; Application for Temporary License; Subsection (4) Applicable to Previously Licensed Facilities.

Section 400.720 - Certificate of Approval From Bureau of Fire Services and Department; Compliance; Denial or Certification With Limitations; Hearing.

Section 400.721 - Facility Licensed on March 27, 1980; Compliance With Fire Safety Standards; Section Inapplicable to Installation of Smoke and Heat Detection Equipment.

Section 400.722 - Denying, Suspending, Revoking, Refusing to Renew, or Modifying License; Grounds; Written Notice; Hearing; Decision; Protest; Receiving or Maintaining Adults Requiring Foster Care as Felony; Penalty; Relocation Services.

Section 400.722a - Denying, Suspending, Revoking, Modifying, or Refusing to Renew License; Grounds; Without Written Notice; 30-Day Appeal.

Section 400.722b - Emergency Closure of Adult Foster Care Facility; Notification.

Section 400.722c - Summary Suspension Order for Closure; Departmental Duties; Temporary Advisor.

Section 400.723 - Repealed. 2018, Act 558, Eff. Mar. 28, 2019.

Section 400.724 - Request for Investigation; Providing Substance of Complaint; Disclosures; Determining Violation; Initiation of Investigation; Findings; Written Determination or Status Report; Final Report; Additional Copies of Documents; Reimbursem...

Section 400.725 - Contested Case Hearing; Judicial Review.

Section 400.726 - Name or Designation of Facility.

Section 400.726a - Resident Enrolled in Licensed Hospice Program or Co-Occurring Enhanced Crisis Residential Program; Exception to Continuous Nursing Care Requirement for Purposes of MCL 400.703(4); Do-Not-Resuscitate Order or Post Form Included in A...

Section 400.726b - Adult Foster Care; Description of Services to Patients or Residents With Alzheimer's Disease; Contents; “Represents to the Public” Defined.

Section 400.726c - Medical Orders Provided on Post Form; Compliance Required; Failure to Comply Because of Policy, Religious Belief, or Moral Conviction; Referral or Transfer to Another Foster Care Facility.

Section 400.727 - Posting License, Inspection Report, and Other Documents; Retention of Materials for Public Inspection.

Section 400.728 - Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.

Section 400.729 - Providing Foster Care to Person Related to Licensee or Licensee's Spouse.

Section 400.730 - Injunction.

Section 400.731 - Violation as Misdemeanor; Prohibited Conduct.

Section 400.731a - Person Sentenced to Perform Community Service.

Section 400.732 - Notices Required.

Section 400.733 - Local Ordinances, Regulations, or Construction Codes.

Section 400.734 - Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.

Section 400.734a - Repealed. 2006, Act 29, Eff. Apr. 1, 2006.

Section 400.734b - Employing or Contracting With Certain Individuals Providing Direct Services to Residents; Prohibitions; Criminal History Check; Exemptions; Written Consent and Identification; Conditional Employment; Use of Criminal History Record...

Section 400.734c - Disqualification From or Denial of Employment Based on Criminal History Check; Administrative Review; Decision; "Business Day" Defined.

Section 400.735 - Repeal of MCL 331.681 to 331.694.

Section 400.736 - Concurrent License as Foster Family Home or Foster Family Group Home; Receiving Additional Minor Children; Definitions.

Section 400.737 - Concurrently Licensing Adult Foster Care Small Group Home as Child Caring Institution; Receiving Additional Children Under 18 Years of Age; Limitation on Combined Licensed Capacity; Definition.