Section 400.10. Definitions.  


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  • (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.

    (b)    “Department” means the Michigan department of human services.

    (c)   “Foster Care”, for purposes of these rules only and defined by Regulation Three of the Interstate Compact on the Placement of Children, means placement of a child which includes 24-hour a day care provided by the child’s parent or parents by reason of a court-ordered placement or 24-hour substitute care for children placed away from their parents or guardians and for whom the state agency has placement and care responsibility. This includes, but is not limited to the following:

    (i)                       Placements in foster family homes.

    (ii)                     Foster homes of relatives.

    (iii)       Group homes.

    (iv)       Emergency shelters.

    (v)         Residential facilities.

    (vi)       Child care institutions.

    (vii)     Pre-adoptive homes.

    A child is in foster care regardless of any of the following:

    (i)        The foster care facility is licensed and payments are made by the state or local agency for the care of the child.

    (ii)       Whether adoption subsidy payments are being made prior to the finalization of an adoption.

    (iii)     Whether there is federal matching of any payments that are made.

    (d)    “Interstate Compact on the Placement of Children” or “ICPC” means the compact between states and parties pursuant to statute that ensures protection and services to children who are placed across state lines.

    (e)   “Parent” means a biological, adoptive parent, or legal guardian as determined by applicable state law and is responsible for the care, custody, and control of a child or upon whom there is legal duty for such care.

    (f)   "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution, but does not include any institution caring for the mentally ill, mentally defective, or epileptic, or any institution primarily educational in character, and any hospital or other medical facility.

    (g)   "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and

    whether for placement with state or local public authorities or for placement with private agencies or persons.

    (h)     "Sending agency" means a party state, or officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity that sends, brings, or causes to be sent or brought any child to another party state.

    (i)     State compact administrator” means an officer in the department who is appointed by the executive head of each jurisdiction and who acts as general coordinator of activities under this compact in the officer's jurisdiction to carry out more effectively the terms and provisions of this compact.

History: 2015 AACS.