Section 400.12101. Definitions.

Rule 101. As used in these rules:

(a)   “Act” means 1973 PA 116, MCL 722.111 to 722.128, 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)    “Chief administrator” means the person designated by the licensee as having the day-to-day responsibility for the overall administration of a child placing agency and for assuring the care, safety, and protection of children and families served.

(d)     “Concurrent  planning”  means  simultaneously   planning  for  reunification  and alternative permanence.

(e)   “Contribution” means the payment of money or donation of goods or services.

(f)   “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 400.12313(4).

(g)   “Department” means the Michigan department of health and human services.

(h)      “Deemed status” means a status conferred on an organization based on a professional standards review by a national accrediting organization that recognizes that the organization’s programs meet certain effectiveness criteria.

(i)   “Emergency placement” means a placement that is made in response to a sudden unexpected occurrence that demands immediate action.

(j)   “Foster child” means a person who meets all of the following criteria:

(i)   Resides in an out-of-home placement based on a court order or who has been reunified with a parent or guardian but continues under the wardship and supervision of the court or is temporarily placed by a parent or guardian for a limited time in a foster home as defined by section 1 of 1973 PA116, MCL 722.111 or has been released by a parent to the department or a child placing agency under section 22 of 1939 PA 288,

MCL 710.22

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

(iii)    Is less than 18 years of age or is 18 years of age or older and was in foster care before turning 18 year of age and agrees to remain in care following termination of court jurisdiction.

(k)   “Foster home” means foster family home or foster family group home, as defined in section 1 of 1973 PA 116, MCL 722.111.

(l)   “Human behavioral science” means a degree from an accredited college or university in any of the following:

(i)   Social work.

(ii)   Psychology.

(iii)   Counseling and guidance.

(iv)   Child development.

(v)   Criminal justice.

(vi)   Family and child ecology.

(vii)   Sociology.

(viii)   Family community services.

(ix)   Family studies.

(x)   Family Live education.

(xi)   Human services.

(m)   ) “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.

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

(o)   “Licensing authority” means the administrative unit of the department responsible for making licensing and approval recommendations for a child placing agency. (p) “Licensee designee” means the individual who is authorized by the board of directors, or the governing body for a public agency, to act on behalf of the corporation or organization on licensing matters.

(q)    “Member of the household” means any person, other than a foster child, who resides in a foster or adoptive home on an ongoing or recurring basis.

(r)   “Parent” means a legal parent and includes a custodial parent, noncustodial parent, or adoptive parent.

(s)     “Placement” means moving a child to an out-of-home living arrangement for purposes of foster care, adoption, or independent living; or from out-of-home placement to another out-of-home placement.

(t)   “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 if the provisions of R 400.12205 are met.

(u)    “Social service worker” means a person who performs social service functions prescribed by these rules.

(v)   “Staff” means a person who is any of the following:

(i)   Employed by an agency.

(ii)   A volunteer for the agency.

(iii)   Is under contract to the agency.

(w)       “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.

(x)   “Substitute care provider” means a person who provides care and supervision in the absence of the foster parent for any length of time.

(y)   “Tribe” means a federally recognized tribe.

(z)    “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.

History: 1998-2000 AACS; 2007 AACS; 2014 AACS; 2015 AACS.