Section 400.1404. Licensee, responsible person, and member of the household; qualifications.  


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  • (1) A licensee and responsible person shall not be  less   than      18 years of

    age.

    (2)   A responsible person shall be other than a resident.

    (3)     A  licensee  or  responsible  person   shall  possess   all      of     the        following

    qualifications:

    (a)    Be of good moral character to provide for the care and welfare of the residents.

    (b)      Be  suitable  to  meet  the  physical,   emotional,  social,   and intellectual needs of each resident.

    (c)   Be capable of appropriately handling emergency situations.

    (4)   A licensee shall have sufficient financial resources to provide for the adequate care of the family and residents.

    (5)    All responsible persons and members of the household shall be  of good moral character and suitable temperament to assure  the  welfare  of residents.

    (6)     A licensee shall provide the department with the  name  of  any  person providing care for a resident or member of the household who is on a court- supervised probation or parole or who has been convicted of a felony within the 5-year period before providing resident care.

    (7)     A licensee shall require all members of the  household  and responsible persons who have been released   from  a  public   or  private psychiatric hospital for less than 1 year to provide  a   written  statement verifying the person's personal fitness to care for or be associated with  a resident.  The  statement   shall  be  obtained   from the  medical   or administrative director of the public or private  psychiatric  hospital and shall be made available to the department.

    (8)     A licensee shall have an arrangement with a responsible person who  is available to provide care in an emergency situation for up to 72 hours.

    (9)   A licensee, responsible person, or member of the household shall not be the legal guardian of a resident living in the home, except where  a person is a relative or where the guardianship relationship existed  before the promulgation of these rules.

History: 1984 AACS.