March 4, 2008, Introduced by Senator GARCIA and referred to the Committee on Families and Human Services.
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending section 3 (MCL 400.703), as amended by 1998 PA 442.
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 pursuant 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 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 community
health under the mental health code, 1974 PA 258, MCL 330.1001 to
330.2106.
(e) A county infirmary operated by the department or a county
department
of social services or family independence agency 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 abuse 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) A private residence that provides foster care to not more
than 1 adult under a personal care plan developed by the community
mental health services program or the department serving the county
in which the adult receiving foster care resides that does not
provide room and board services to any other individual in the
home. The personal care plan must be reviewed every 6 months by
that responsible agency on-site where the adult is receiving the
foster care. The personal care plan must minimally include the
person receiving the personal care, the caregiver, and the
community mental health services program or department
representative that is responsible for ensuring that the living
arrangement continues to meet the needs of the adult receiving care
and that the home environment is clean and safe.
(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.