6 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2005-073

 

 

 

MICHIGAN DEPARTMENT OF HUMAN SERVICES FAMILY INDEPENDENCE AGENCY

 

OFFICE OF CHILDREN AND ADULT LICENSING CHILD PLACING AGENCIES

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 April 4, 2006

 

R 400.12101, R 400.12202, R 400.12310, R 400.12312 and R 400.12605 of the Michigan

Administrative Code are amended and R 400.12214 is added to the Code.

 

PART 1. GENERAL PROVISIONS

 

R 400.12101 Definitions

Rule 101. As used in these rules:

(a)    "Act” means Act No. 116 of the Public Acts of 1973 PA 116, as amended, being § MCL 722.111 et seq. of the Michigan Compiled Laws, and known as the child care organization licensing act.

(b)    "Agency" means a child-placing agency as defined in section 1 of the act.

(c)    "Contribution" means the payment of money or donation of goods or services.

(d)    "Department" means the Michigan Family Independence Agency department of human services.

(e)    "Emergency placement" means a placement that is made in response to a sudden unexpected occurrence that demands immediate action or means a placement that is made before a placement assessment has been completed.

(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 foster family home or foster family group home, as defined in section 1 of  Act No. 116 of the Public Acts of 1973 PA 116, as amended, being § MCL 722.111 of the Michigan

 

 

Compiled Laws, and as addressed in Act No. 165 of the Public Acts of 1997 PA 165, being § MCL

722.118b of the Michigan Compiled Laws.

(h)    "Human behavioral science" means a degree from an accredited college or university equivalent to any of the following:

(i)    Social work.

(ii)    Psychology.

(iii)    Guidance and counseling.

(iv)    Consumer or community services.

(v)    Criminal justice.

(vi)    Family ecology.

(vii)     Sociology.

(i)    "Independent living" means the placement, by an agency, of a youth who is not less than 16 years old in his or her own unlicensed residence, the residence of an adult who does not have supervisory responsibility for the youth, or in a residence under the control of the agency. The authorized agency or governmental unit retains supervisory responsibility for the youth.

(j)    "Licensing authority" means the administrative unit of the department that has responsibility for making licensing and approval recommendations for a child-placing agency.

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

(l)    "Parent" means a legal parent and includes a custodial parent, noncustodial parent, or adoptive parent.

(m)    “Permanent placement” means that the treatment plan specifies that the foster child will remain in the current foster home until the age of majority.

(n)    "Placement" means moving a child to a foster or adoptive home, to independent living, or from out-of-home placement to another out-of-home placement.

(o)    "Social service supervisor" means a person who supervises a social service worker. A social service supervisor may also function as a social service worker in the temporary absence of the social service worker.

(p)    "Social service worker" means a person who performs social services functions covered by these rules.

(q)    "Staff" means a person who is employed by an agency, a volunteer for the agency, or a person who is under contract to the agency to provide specific services covered by these rules.

(r)    “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.

(s)    “Willful noncompliance” means that 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 2. AGENCY SERVICES

 

R 400.12202 Policy and procedures

Rule 202. An agency shall have and follow written policies and procedures for all of the following:

(a)    Financial stability.

(b)    Facilities.

 

 

(c)    Required staff.

(d)    Staff qualifications.

(e)    Staff responsibilities.

(f)    Job descriptions.

(g)    Orientation and training.

(h)    Grievance handling.

(i)    Privacy safeguards.

(j)    Personnel records.

(k)    Record Management.

(l) Compliance with 1975 PA 238, MCL 621.

 

R 400.12214 Compliance with 1975 PA 238.

Rule 214. An agency shall develop a written plan and implement the plan to assure compliance with 1975 PA 238, MCL 722.621, and known as the child protection law.

 

PART 3. FOSTER HOME CERTIFICATION

 

R 400.12310 Initial Evaluation

Rule 310. (1) An agency social service worker shall complete a written initial foster home evaluation before certifying the home for licensure.

(2)  The report shall include the dates and places of contacts and persons interviewed or observed.

(3)   The report shall be an assessment of all of the following:

(a)    Visits at the residence of the foster home applicants for observations of, and interviews with, each member of the household to determine all of the following:

(i)    Marital and family status and history, including current and past level of family functioning and relationships and any incidents of domestic violence.

(ii)    Educational history and any special skills and interests.

(iii)    Employment history, current financial status, including property and income, money management skills, and outstanding financial obligations.

(iv)    Physical, mental, and emotional health of each member of the household.

(v)    Any history of substance abuse of each member of the household.

(vi)    Parenting skills and attitudes toward children. (vii)Methods of discipline of children.

(viii)     Adjustment and special needs of the applicant’s own children.

(ix)    Strengths and weaknesses of each member of the household.

(x)    Experiences with own parents and any history of out-of-home care.

(xi)    Reasons for applying to be a foster family.

(xii)     Previous experience in providing child foster care, child day care, or adult foster care.

(xiii)     Attitude towards accepting a foster child.

(xiv)     Willingness to parent cross-racially or cross-culturally and to create an atmosphere that fosters the racial identity and culture of a foster child.

(xv)(xiv) Capacity and disposition to give a foster child guidance, love, and affection.

(b)    Previous adoption evaluations or placements.

(c)    Previous licenses, criminal convictions, and substantiated child abuse or neglect for any member of the household.

(d)    Three references from persons not related to the applicants.

 

 

(e)     A medical statement for each member of the household that indicates that the member has no known condition which that would affect the care of a foster child. The statement shall be signed by a physician, physician’s assistant or nurse practitioner within the 12-month period before the initial evaluation.

(f)      Adequacy of the applicant’s house, property, neighborhood, schools, and community for the purpose of fostering as determined by an on-site visit.

(g)    The age, number, sex, race, ethnic background, and the special characteristics of children preferred by the applicants.

(h)    Training needs of the family.

(4)   An agency shall document placement specifications consistent with the information contained in the evaluation. The placement specifications shall include the characteristics, age, sex, race, and number of children preferred by the family, of children best served by the home, and of children who may not be placed in the home. The child's racial, ethnic, and cultural identity, heritage, and background may only be considered if an assessment of the individual child indicates that such consideration is in the best interests of the child.

(5)   An agency shall inform the applicant that a copy of the initial evaluation is available upon request.

 

R 400.12312 Foster parent training

Rule 312. (1) An agency shall develop a foster parent training plan with the participation of foster parents.

(2)   The foster parent training plan shall provide for all of the following:

(a)    The individual training needs of the foster parents.

(b)    Not less than 12 hours of training to be completed not later than the end of the original 6-month licensing period and before the placement of a child. Not more than 6 hours of the orientation may be included as part of the 12 hours of training.

(c)    Not less than an additional 12 hours of training during the next 2 years after the original licensing period.

(d)    Not less than 6 hours of training annually after the time periods specified in subdivisions (b) and

(c) of this subrule.

(3)   The training specified in subrule (2)(a), (b), and (c) of this rule shall address all of the following areas:

(a)    Characteristics and needs of children.

(b) Safe sleep practices for infants.

(b)   (c) Effective parenting.

(c)   (d) Behavior management.

(d)  (e) Importance of the foster child's family. (e) (f) Role of the agency.

(f) (g) Emergency procedures, first aid, and fire safety.

(h) Preparation of the foster child for independence.

(4)   An agency shall document all training received by each foster parent.

 

R 400.12605 Adoptive evaluation

Rule 605.  (1) An agency shall complete a written report of an adoptive evaluation.  The evaluation

which shall be conducted by a social service worker.

(2)   The report shall include the dates and places of contacts and persons interviewed or observed.

(3)   The report shall be an assessment of all of the following:

 

 

(a)     Visits at the residence of the applicants for adoption to conduct observations of, and interviews with, each member of the household to determine all of the following:

(i)     Marital and family status and history, including current and past level of family functioning and relationships and any incidents of domestic violence.

(ii)    Educational history and any special skills and interests.

(iii)     Employment history, current financial status, including property and income, money management skills and outstanding financial obligations.

(iv)    Physical, mental, and emotional health of each member of the household.

(v)    Any history of substance abuse of each member of the household.

(vi)    Parenting skills and attitudes toward children.

(vii)     Methods of discipline of children.

(viii)     Adjustment and special needs of the applicant’s own children.

(ix)    Strengths and weaknesses of each member of the household.

(x)    Experiences with own parents and any history of out-of-home care.

(xi)    Reasons for adopting.

(xii)     Previous experience in providing child foster care, child day care, or adult foster care.

(xiii)     Attitude towards accepting an adoptive child.

(xv)(xiv) Capacity and disposition to give an adopted child guidance, love, and affection.

(b)    Previous adoption evaluations or placements.

(c)    Previous licenses, criminal convictions, and substantiated child abuse or neglect for any member of the household.

(d)    Three references from persons not related to the applicants.

(e)     A medical statement for each member of the household that indicates that the member has no known condition which that would affect the care of an adoptive child. The statement shall be signed by a physician, physician’s assistant or nurse practitioner within the 12-month period before the adoptive evaluation.

(f)      Adequacy of the applicant’s house, property, neighborhood, schools, and community for the purpose of adoption as determined by an on-site visit.

(g)    The age, number, sex, race, ethnic background, and special characteristics of children preferred by the applicants and the family’s plan to discuss adoption with any child adopted.