4 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2005-072

 

DEPARTMENT OF CONSUMER AND INDUSTRY HUMAN SERVICES DIVISION OF CHILD WELFARE LICENSING

FOSTER FAMILY HOMES AND FOSTER FAMILY GROUP HOMES

 

Filed with the Secretary of State on

These rules take effect 30 days after filing with the Secretary of State

 

 

(By authority conferred on the director of the Family Independence Agency Michigan Department of Human Services by sections 2, 5, 10, and 14 of Act No. 116 of the Public Acts of 1973 PA 116, as

amended, and Executive Reorganization Orders Nos. 1996-1, and No. 1996-2, 2003-1, and 2004-4,

being §§ MCL 722.112, 722.115, 722.120, 722.124, 330.3101, and 445.2001, 445.2011, and 400.226

of the Michigan Compiled Laws)

 

Draft December 22, 2005

 

R 400.9101, R 400.9306, R 400.9401, and R 400.9501 of the Michigan Administrative Code are amended.

 

PART 1. GENERAL PROVISIONS

 

R 400.9101    Definitions.

Rule 101. As used in these rules:

(a)    "Act" means 1973 PA, MCL 722.111.

(b)    "Agency" means the child-placing agency that certifies the foster home for licensure by the department.

(c)    "Department" means the Michigan department of consumer and industry human services.

(d)    "Family member" means foster parents, foster children, and members of the household.

(e)    "Foster care" means the care, training, protection, and supervision of a foster child.

(f)    "Foster child" means a person who meets all of the following criteria:

(i)    Resides in a foster home.

(ii)    Is less than 18 years of age or becomes 18 years of age while residing in the foster home and continues to reside in the foster home to receive care, maintenance, training, and supervision.

(iii)    Is not related to an adult member of the household by blood, adoption, or marriage.

(iv)    Has been placed in the home by an agency.

(g)    "Foster home" means a foster family home or foster family group home as defined in section 1 of the act.

(h)    "Foster parent" means the person or persons to whom a foster home license is issued.

(i) “Infant” means a child between birth and 12 months of age.

(i) (j) "Member of the household" means any person, other than foster children, who resides in a foster home on an ongoing or recurrent basis.

 

 

December 22, 2005

(j)   (k) "Substantial noncompliance" means repeated violation of the act or an administrative rule promulgated under the act, or noncompliance with the act, a rule promulgated under the act, or the terms of a license that jeopardizes the health, safety, care, treatment, maintenance, or  supervision of individuals receiving services or, in the case of an applicant, individuals who may receive services.

(k)  (l) "Substitute care" means care that is provided to a foster child when the foster parent is not present.

(l)   (m) "Willful noncompliance" means, after receiving a copy of the act, the rules promulgated under the act, and a copy of the terms of the license if applicable, an applicant or licensee knows or had reason to know that his or her conduct is a violation of the act, the rules promulgated under the act, or the terms of the license.

 

PART 3. THE FOSTER HOME

 

R 400.9306    Bedrooms.

Rule 306. (1) A foster parent shall ensure that bedrooms comply with all of the following provisions:

(a)    Provide an adequate opportunity for both rest and privacy and access to adult supervision as appropriate for the age and functioning level of each child.

(b)    Have not less than 40 square feet of floor space per person, excluding closets.

(c)    Have sufficient space for the storage of clothing and personal belongings.

(d)    Have a finished ceiling, floor-to-ceiling permanently affixed walls, and finished flooring.

(e)    Have a latchable door that leads directly to a means of egress.  As used in this rule, latchable means that the door can be closed and will remain closed until someone opens it. Latchable does not mean lockable.

(f)    Have at least 1 outside window that complies with all of the following provisions:

(i)    Is accessible to children and caregivers.

(ii)    Can be readily opened from the inside of the room.

(iii)    Is of sufficient size and design to allow for the evacuation of children and caregivers.

(g)    Be free of all of the following:

(i)    Household heating equipment.

(ii)    Water heater.

(iii)    Clothes washer.

(iv)    Clothes dryer.

(2)  A foster parent shall not use as a bedroom a room that is primarily used for purposes other than sleeping. A foster parent shall not use any of the following as a bedroom:

(a)    A hall.

(b)    A closet.

(c)    A stairway.

(d)    A garage.

(e)    A shed.

(f)    A detached building.

(g)    A room or space, including an attic, that is accessible only by a ladder, folding stairway, or through a trapdoor.

(3)A foster parent shall provide comfortable beds. A foster parent shall ensure that each bed is appropriate for the age and functioning level of the occupant and is equipped with all of the following

   (a) A clean and comfortable mattress.

  (b) A clean pillow.

 

 

  (c) Clean linens.

  (d) Blankets appropriate for the weather.

A foster parent shall ensure that all bedding and sleeping equipment comply with the following conditions:

(a)    All blankets shall be appropriate for the weather.

(b)   All bedding and equipment shall be in good repair and shall be cleaned and sanitized before being used by another person.

(c)   All bedding used by children shall be washed when soiled or weekly at a minimum.

(d)   Infants, birth to 12 months of age, shall rest or sleep alone in a crib or bassinet that meets the conditions of subdivision (e) of this subrule.

(e)   All cribs and bassinets shall be equipped with:

(i)    A firm, tight-fitting mattress with a waterproof, washable covering.

(ii)    No loose, missing, or broken hardware or slats.

(iii)    Not more than 2 3/8 inches between the slats.

(iv)    No corner posts over 1/16 inches high.

(v)    No cutout designs in the headboard or footboard.

(vi)    A tightly fitted bottom sheet shall cover the mattress with no additional padding placed between the sheet and mattress

(f)  An infant’s head shall remain uncovered during sleep.

(g)   Soft objects, bumper pads, stuffed toys, quilts or comforters, and other objects that could smother a child shall not be placed with or under a resting or sleeping infant.

(h)   Blankets shall be tucked in along the sides and foot of the mattress and shall not come up higher than an infant’s chest.

(i)   Blankets shall not be draped over cribs or bassinets.

(j)   Infant car seats, infant seats, infant swings, highchairs, playpens, waterbeds, adult beds, soft mattresses, sofas, beanbags or other soft surfaces are not approved sleeping equipment for children 24 months of age or younger.

(k)   Children 24 months or younger who fall asleep in a space that is not approved for sleeping shall be moved to approved sleeping equipment appropriate for their size and age.

 

PART 4. FOSTER CARE

 

R 400.9401    Child capacity; living arrangement.

Rule 401. (1) The maximum number of children Not more than 8 children under 17 years of age, including children of the foster parents, who may live in or receive care in a foster home at any given time is 8.

(2) Not more than 2 children under 1 year of age, including the children of the foster parents, may receive care in a foster home at any time.

(3)   Children birth to 24 months of age shall sleep alone in a crib, bassinet. or toddler bed that is appropriate and sufficient for the child’s length, size, and movement.

(a)   An infant shall be placed on his or her back for resting and sleeping.

(b)   An infant unable to roll from stomach to back, and from back to stomach, when found facedown, shall be placed on their backs.

(c)   An infant who can easily turn over from his or her back to his or her stomach shall be initially placed on his or her back, but allowed to adopt whatever position he or she prefers for sleep.

(d)   For an infant who cannot rest or sleep on her/his back due to disability or illness, the foster parent shall have written instructions, signed by a physician, detailing an alternative safe sleep position and/or other special sleeping arrangements for the infant.

 

 

(e)   The foster parent shall maintain supervision and frequently monitor infants’ breathing, sleep position, and bedding for possible signs of distress. Baby monitors shall not be used exclusively to comply with this subdivision.

(3)   (4) A child who is nonambulatory and cannot readily be carried by 1 member of the household shall sleep in a bedroom that has a means of exiting at ground level.

(4)   (5) A child shall not share a bedroom with a non-parent adult unless the child and adult are siblings of the same sex, the child is less than 1 year of age, or the child has a special medical need that requires the attention of an adult during sleeping hours.

(5)   (6) A child, 3 years of age or older, shall not routinely share the same bedroom with a parent.

(6)   (7) Children of the opposite sex, any of whom are more than 5 years of age, shall not share the same bedroom.

(7)   (8) Each child shall sleep alone in a bed or with only 1 other child of the same sex in a double bed. Sharing a double bed shall be based on the age, functioning level, and individual needs of each child.

(9) Resting or sleeping areas shall have adequate soft lighting to allow the foster parent to assess children.

 

PART 5. REPORTING AND RECORDKEEPING

 

R 400.9501    Reporting suspected child abuse or neglect.

Rule 501. (1) A foster parent who has reasonable cause to suspect physical or sexual abuse or neglect of a child shall make a report immediately to the child protective services unit of the local county office of the family independence agency department of human services.

(2)   If the suspected physical or sexual abuse or neglect occurred in the foster home or to a foster child placed in the foster home, then a foster parent shall make a report immediately to both of the following entities:

(a)    The child protective services unit of the local county office of the family independence agency.

department of human services.

(b)    The agency.

(3)   The foster parent shall provide a written report as required by the agency.