Section 400.1401. Definitions.

(1) As used in these rules:

(a)   "Act" means Act No. 218 of the Public Acts of 1979, as amended, being S400.701 et seq. of the Michigan Compiled Laws.

(b)    "Capacity" means the maximum number of residents for which a home is licensed.

(c)   "Chemical restraint" means the use of any drug or chemical in an emergency situation to limit activity or aggressiveness of a resident where such activity or aggressiveness would be harmful   to   the   resident, other persons, or property.

(d)   "Designated representative" means that person or agency which has been granted the authority to act on behalf  of  the  resident  by  the resident or which is the legal guardian of that resident.

(e)    "Health care appraisal" means a licensed physician's or registered nurse's statement which provides an assessment of the general physical condition of a resident.

(f)  "Home" means an adult foster care family home.

(g)      "House guidelines" means those  guidelines  established  by  the licensee which constitute expectations for resident conduct.

(h)   "Members of the household" means all persons  living  in   the   home, exclusive of residents.

(i)   "Occupants" means all persons living in the home.

(j)   "Physical restraint" means the bodily holding of a resident with no more force than is necessary to limit the resident's movement.

(k)   "Premises" means the facility, grounds, and all other appurtenances.

(l)   "Resident" means an adult, as defined in section 3 of the act, who, because of mental illness, developmental disability, physical handicap, or aged condition, requires and receives foster care in an adult foster care family home and who does not require continuous nursing care.

(m)    "Responsible agency" means a public or private organization which, upon written agreement with a  resident  or  the  resident's  designated representative, provides 1 or more of the following:

(i)   Preplacement and placement services.

(ii)   Assessment planning or the establishment of an individual  plan   of service.

(iii)   Maintenance of ongoing follow-up services while the resident is in the home.

(n)   "Responsible person" means the licensee or adult  designated   by  the licensee to provide foster care to residents.

(o)   "Street floor" means any story or floor level which is  accessible from the street or from outside the building at grade and which, at   the main entrance, is not more than 21 inches above nor more than 12  inches below street or grade level at those points,  or  a   floor  which  is  so arranged and used as to qualify as the main floor.

(p)   "Substantial risk" means that a resident's behavior poses a serious imminent threat of bodily harm to himself or herself or  others  or   the destruction of property and that the resident is capable of  carrying  out such harm or destruction.

(q)    "Time-out" means a behavior management technique employed to reduce undesired behavior by separating a resident from his or her surroundings when the undesired behavior occurs.

(r)   "Trust fund" means money or property set aside as  a  trust   for  a resident for the benefit of a resident and held for  safekeeping  by  a licensee.

(2) Terms defined in the act have the same meanings when used  in  these rules.

History: 1984 AACS.