Section 400.9101. Definitions.

Rule 101. As used in these rules:

(a)  "Act" means 1973 PA 116, as amended, being MCL 722.111 to 722.128.

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

(c ) “Corporal punishment” means hitting, paddling, shaking, slapping, spanking, or any other use of physical force as a means of behavior management, except as provided in R 400.9404(2).

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

(e)    “Family member” means foster parents, foster children, and members of the household.

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

(g)   "Foster child" means a person who meets the following criteria:

(i)    Resides in an out-of-home placement based on a court order or is temporarily placed by a parent or guardian for a limited time in a foster home as defined by the act or has been released by a parent to the department or a child placing agency pursuant to section 22 of 1939 PA 288, MCL 710.22.

(ii)   Is either of the following:

(A)   Placed with or committed to the department for care and supervision by a court order under section 712A.2 of 1939 PA 288, MCL 712A.2.

(B)  Is eighteen years of age or older, was in foster care prior to turning eighteen, and agrees to remain in care following termination of court jurisdiction.

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

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

(j)   "Infant" means a child between birth and 12 months of age.

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

(l)      “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.

(m)    "Substitute care" means care that is provided to a foster child when the foster parent is not present or not available.

(n)    “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.

History: 1998-2000 AACS; 2007 AACS; 2011 AACS; 2014 AACS.