PUBLIC HEARING COMMENT FOR 2020-02 HS-Child Placing Age

NAME AND ORGANIZATION

RULE NUMBER

COMMENT

DEPARTMENT'S RESPONSE

Laura Bose, Director

R 400.12328

We would like to strike the word DHHS agrees with the proposed change. R

Fostering Forward Michigan

"electronic" as it provides a

barrier to non-contracted

400.12328(1) has been amended to the

following: An agency shall maintain a foster

agencies to doing this important home record in the manner in which is

work. We would like to have prescribed by the department for each foster

language that suggests keeping care home

the record in a manner as

prescribed by the Department

instead.

Lara Bose, Director

Forward Michigan

Fostering R 400.12713

Adoption Placement, we would DHHS agrees with the proposed change. DHHS

like language added to maintain is the central adoption registry for all adoptions

records for all adoptions, not just purusant to MCL 710.27b. Records must be

those for children of the Child

Welfare System under DHHS.

sent under the Probate Code.

Lara Bose, Director

Forward Michigan

Fostering R 400.12403(3)

Rule 400.12403(3) (DHHS NOTE: DHHS agrees. The Family First Preservation

It is (2) in the final rules), we are Services Act requires states drawing Title IV E to

adamant that this language needs incorporate licensing standards for foster

to remain and shall not be

changed. Not having this

homes. These standards are addressed in both

the Child Placing Agency and Foster Family and

language has proven to reduce -- Group Home rules. DHHS did not provide any

is proven to increase barriers. further rules that would be more restrictive of

This language reduces barriers for the federal standards under the Administrative

cooperation in cross agency

placements now known as

borrowed beds, and allows foster

homes more confidence in being

able to do the same job

Procedures Act.

consistently no matter what

agency they're working with.

Katie Page Sander, Executive Director, Hands Across R 400.12802

the Waters

Michigan provides full recognition DHHS agrees the current language presents a

of foreign adoption decrees, and strain on the Michigan agency. Rule language

as such does not require

readoption. Our agency will soon Where a child requires readoption in the state

be the only provider of of residence where they will be living, the

intercountry adoption in the state agency shall coordinate with the family’s home

of Michigan. While we assist study agency to ensure all legal requirements of

changed as follows:

families in our programs who live the families’ home state are followed.

outside of Michigan and may

require readoption, we would not

be able to “assist in providing a

home study and postplacement

reports” for any family who

resides outside of Michigan.

Instead, we would advise the

family about the procedures

necessary and coordinate with

the out of state agency who will

provide those services.

Erin Matuz, Licesning Worker, DHHS

Several Rules

See Comments

Ms. Matuz's comments were not considered.

After given the ability to respond to the rule

changes internally, and after consultation with

ARD, her written comments constitute a

conflict of interest, i.e. DHHS is the agency

changing the rules and DHHS staff are not the

"public". MCL 24.203 defines “agency” as the

department or bureau promulgating the rule.

MCL 24.205 defines “person” as essentially

anyone other than the agency. Communication

to Ms. Matuz will be made by the Division of

Child Welfare Licensing.

From:

Matuz, Erin (DHHS)

To:

MDHHS-AdminRules

Cc:

Subject:

Date:

Mansfield, Wendy (DHHS); Hull, Angela (DHHS)

Comments re: CPA and FH rules 2020-2 and 2020-3 HS

Thursday, October 7, 2021 11:55:50 AM

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Attachments:

Good morning. My name is Erin and I am a foster home licensor with the State of Michigan. I have

had the opportunity to review the proposed changes to the CWL-Pub 11 (pink book) titled “Licensing

Rules for Child Placing Agencies” (2020-2 HS) and CWL-Pub 10 (green book) titled “Licensing Rules

for Foster Family Homes and Foster Family Group Homes for Children” (2020-3 HS).

I understand that public hearings are to be completed and comments may be submitted to this

email address. Thank you for your consideration of the notes below.

RE: Proposed Changes to CWL-Pub 11 (pink book) titled “Licensing Rules for Child Placing

Agencies” (2020-2 HS) à

R12303(1) and (2) – (Agencies having written policy & procedures) Why are agencies required

to have their own written policies and procedures [see 12303] when R12403(3) indicates

agencies may not be more restrictive than Department policies or Administrative rules? With

the exception of local contact persons or procedures, what would the agency policies include

that the pink/green books do not?

R12312 – (b) The 6 hours of training annually after licensure – How does the initial “Original”

(6-month) license play into this? All reporting periods are 1 year except for that initial 6-

month license. The revised rule should acknowledge 6 hours is due annually after the first 6-

month renewal.

R12313 – With the elimination of the “reasonable restraint” exception to behavior support,

does that mean children who need “bear hugs” when out of control cannot get it, or is that

considered allowed physical intervention (per green book R404(2))?

R12313(b) – Seclusion in a room forbidden – Does this mean children can’t be sent to their

rooms for a time out? Please make rule more clear about meaning/intentions.

R12313(f) – Re: Denial of communication with family forbidden – It is not reasonable to

expect that foster children should have 24/7 ability to communicate with their family. Please

add a caveat that reasonable restrictions about the timing and manner of communication are

appropriate.

R12316 – (Personal Possessions) Saying a child has a right to his or her possessions; we

sometimes have youth not allowed to have their cell phones or other electronic devices,

depending on their use, the foster family expectations, behavior support plans, etc. Please

add a caveat for these sorts of situations.

R12317 – (Allowance) Is this saying a specified cash allowance will be required to be given to

youth? Is there a prescribed way for agencies to monitor allowance? Please make rule more

clear about meaning/intention.

R12320 - (Supervision) There are some applicants, relatives especially, who have difficulty

identifying sub care providers. To require them to have someone willing to take children for

extended overnight periods may be prohibitive. Please also provide clarification on what

“extended overnight periods” means and if it matters if that care is provided in the licensed

home or in the substitute care provider’s home? Also, isn’t there a time limit to how long a

foster parent can legally leave a foster child with an unlicensed person?

R12322 – Involvement with law enforcement pursuant to criminal investigation – Locally, our

agency requires notification of contact with law enforcement for things like domestic

disturbances (which is not necessarily a criminal investigation). But R12403(3) seems to take

away our local ability to require more than the pink & green books prescribe. Is that

accurate?

R12323(1)(d) – Emergency policy required for epidemics – This is not similarly reflected in the

foster home rules (green book) R411. Does that mean individual agencies must have a plan

for how to do business in an epidemic, but not necessarily related to licensing of foster

homes? Clarification is needed.

R12326(2) – (After-hours borrowed beds) What documentation, if any, will need to be

maintained by the agency to prove compliance with the verbal after-hours summary?

RE: Proposed Changes to CWL-Pub 10 (green book) titled “Licensing Rules for Foster Family

Homes and Foster Family Group Homes for Children” 2020-3 HS à

R301(4)(d) – Barriers around swimming pools with safety device – will funding be allocated to

help current foster parents comply? Will there be a grace period/deadline for compliance to

be achieved?

R304(2) – Portable heating devices will not be allowed in bedrooms, but will they be allowed

overnight in other areas of the home? This needs clarification.

R401(6) – (Bedrooms) This is eliminated; does that mean there is no age limit on a child

sharing a room with a (foster) parent? This needs clarification.

R401(7) – (Bedrooms) This is eliminated; does that mean there is no prohibition on opposite

genders sharing a bedroom? (Or even a bed, given the revised 401(6). This needs clarification.

R404(b) is inconsistent with the proposed wording in 2020-2 HS (pink book) R400.12313(b).

404(b) forbids confinement in a closet or locked room; 12313(b) says confinement or

seclusion in a locked room is not allowed. Not only is the wording inconsistent, agencies have

had differing interpretations of seclusion, with some forbidding children from being put in a

time-out in their own rooms by themselves, saying it equates to seclusion. Please add

clarification.

R408(a) – (Personal Possessions) Saying a child has a right to his or her possessions; we

sometimes have youth not allowed to have their cell phones or other electronic devices,

depending on their use, the foster family expectations, behavior support plans, etc. Please

add a caveat for these sorts of situations.

R409(a) and (b) – (Allowance) Is this saying a specified cash allowance will be required to be

given to youth? This needs clarification.

R412(3) – Medications being accessible as appropriate for the age & functioning level of the

children in the home is vague. This needs clarification. (Currently, DCWL enforces a lock &

key expectation for all prescription and OTC medication. How will DCWL be

interpreting/enforcing this with agencies?)

R413 – (Supervision) There are some applicants, relatives especially, who have difficulty

identifying sub care providers. To require them to have someone willing to take children for

extended overnight periods may be prohibitive. Please also provide clarification on what

“extended overnight periods” means and if it matters if that care is provided in the licensed

home or in the substitute care provider’s home? Also, isn’t there a time limit to how long a

foster parent can legally leave a foster child with an unlicensed person?

Comments relevant to both books’ proposed rule changes:

Currently, the DCWL licensing TA manual indicates if a family does not immunize their own

children, they shall not be licensed to foster children under 7 years of age. I did not notice

that in the proposed CPA or FH rules. Will that still be enforced?

Thank you for the opportunity to submit my comments for consideration.

~ Erin

Erin Matuz, Foster Home Licensing

DEPARTMENT OF HEALTH AND HUMAN SERVICES - MUSKEGON COUNTY

P.O. Box 4290 / 2700 Baker Street, Muskegon Hts. MI 49444

(Phone/text) 231.327.6804

(Email) matuze@michigan.gov

(Fax) 231-733-3704

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From:

Katie Page Sander

To:

MDHHS-AdminRules

Subject:

Date:

public comment on Child Placing Agency Rules

Thursday, October 14, 2021 10:46:09 AM

Attachments:

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To whom it may concern,

I have a question/comment on the CPA Rules under the Inter-country Adoption section.

R 400.12802 Program statement.

(5) Where a child requires readoption in the state of residence where they will be living, the

agency will assist in providing a home study and postplacement reports, if appropriate, and will

provide orientation to the adoptive family on the basic procedures and steps necessary for the

family to go through the process.

Michigan provides full recognition of foreign adoption decrees, and as such does not require

readoption. Our agency will soon be the only provider of intercountry adoption in the state of

Michigan. While we assist families in our programs who live outside of Michigan and may require

readoption, we would not be able to “assist in providing a home study and postplacement reports”

for any family who resides outside of Michigan. Instead, we would advise the family about the

procedures necessary and coordinate with the out of state agency who will provide those services.

Katie Page Sander | she/her

Executive Director, Hands Across The Water

781 Avis Drive, Suite 200

Ann Arbor, MI 48108

734-477-0135

IAAME Hague Accredited

Member MI Federation for Children & Families

Member National Council for Adoption

HRC All Children-All Families Seal of Recognition since 2011

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