Bill Text: MI HB5182 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Human services; adult foster care; registration requirement for group homes and adult foster care facilities; enhance. Amends sec. 3 of 1979 PA 218 (MCL 400.703).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-10-26 - Bill Electronically Reproduced 10/25/2017 [HB5182 Detail]
Download: Michigan-2017-HB5182-Introduced.html
HOUSE BILL No. 5182
October 25, 2017, Introduced by Reps. Yanez, Inman, Singh, Moss, Schor, Brinks, Lucido, Elder, Sabo, Yaroch and Robinson and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending section 3 (MCL 400.703), as amended by 2016 PA 525.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) "Adult" means:
(a) A person 18 years of age or older.
(b) A person who is placed in an adult foster care family home
or an adult foster care small group home according to section 5(6)
or (8) of 1973 PA 116, MCL 722.115.
(2) "Adult foster care camp" or "adult camp" means an adult
foster care facility with the approved capacity to receive more
than 4 adults to be provided foster care. An adult foster care camp
is a facility located in a natural or rural environment.
(3) "Adult foster care congregate facility" means an adult
foster care facility with the approved capacity to receive more
than 20 adults to be provided with foster care.
(4) "Adult foster care facility" means a governmental or
nongovernmental establishment that provides foster care to adults.
Subject to section 26a(1), adult foster care facility includes
facilities
and foster care family homes for that provide 1 or more
elements of foster care to adults who are aged, mentally ill,
developmentally disabled, or physically disabled who require
supervision on an ongoing basis but who do not require continuous
nursing care. Adult foster care facility does not include any of
the following:
(a) A nursing home licensed under article 17 of the public
health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(b) A home for the aged licensed under article 17 of the
public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(c) A hospital licensed under article 17 of the public health
code, 1978 PA 368, MCL 333.20101 to 333.22260.
(d) A hospital for the mentally ill or a facility for the
developmentally
disabled operated by the department of health and
human
services under the mental health
code, 1974 PA 258, MCL
330.1001 to 330.2106.
(e)
A county infirmary operated by a county department of
health
and human services under section 55
of the social welfare
act, 1939 PA 280, MCL 400.55.
(f) A child caring institution, children's camp, foster family
home, or foster family group home licensed or approved under 1973
PA 116, MCL 722.111 to 722.128, if the number of residents who
become 18 years of age while residing in the institution, camp, or
home does not exceed the following:
(i) Two, if the total number of residents is 10 or fewer.
(ii) Three, if the total number of residents is not less than
11 and not more than 14.
(iii) Four, if the total number of residents is not less than
15 and not more than 20.
(iv) Five, if the total number of residents is 21 or more.
(g) A foster family home licensed or approved under 1973 PA
116, MCL 722.111 to 722.128, that has a person who is 18 years of
age or older placed in the foster family home under section 5(7) of
1973 PA 116, MCL 722.115.
(h) An establishment commonly described as an alcohol or a
substance use disorder rehabilitation center, a residential
facility for persons released from or assigned to adult
correctional institutions, a maternity home, or a hotel or rooming
house that does not provide or offer to provide foster care.
(i) A facility created by 1885 PA 152, MCL 36.1 to 36.12.
(j) An area excluded from the definition of adult foster care
facility under section 17(3) of the continuing care community
disclosure act, 2014 PA 448, MCL 554.917.
(5) "Adult foster care family home" means a private residence
with the approved capacity to receive 6 or fewer adults to be
provided with foster care for 5 or more days a week and for 2 or
more consecutive weeks. The adult foster care family home licensee
shall be a member of the household, and an occupant of the
residence.
(6) "Adult foster care large group home" means an adult foster
care facility with the approved capacity to receive at least 13 but
not more than 20 adults to be provided with foster care.
(7) "Adult foster care small group home" means an adult foster
care facility with the approved capacity to receive 12 or fewer
adults to be provided with foster care.
(8) "Aged" means an adult whose chronological age is 60 years
of age or older or whose biological age, as determined by a
physician, is 60 years of age or older.
(9) "Assessment plan" means a written statement prepared in
cooperation with a responsible agency or person that identifies the
specific care and maintenance, services, and resident activities
appropriate for each individual resident's physical and behavioral
needs and well-being and the methods of providing the care and
services taking into account the preferences and competency of the
individual.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
