DEPARTMENT OF COMMUNITY HEALTH  
MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES  
(By authority conferred on the department of mental health by sections 1 to 4 of Act  
No. 80 of the Public Acts of 1905, as amended, section 33 of Act No. 306 of the Public  
Acts of 1969, as amended, and sections 114, 130, 136, 157, 206, 244, 498n, 498r, 842,  
844, 908, and 1002a of Act No. 258 of the Public Acts of 1974, as amended, being  
sections 19.141 to 19.144, 24.233, 330.1114, 330.1130, 330.1136, 330.1206,  
330.1244, 330.1498n, 330.1498r, 330.1842, 330.1844, 330.1908, and 330.2002a of the  
Michigan Compiled Laws)  
PART 5. ADMINISTRATIVE ACTION FOR DEVELOPMENTALLY  
DISABLED PERSONS  
SUBPART 1. DESIGNATED RESIDENTIAL FACILITIES  
R 330.5005 Regional designation of residential facilities.  
Rule 5005. (1) Acceptance of an application for a temporary or administrative  
admission shall be limited to a person having a domicile in the designated region of a  
facility. Except as otherwise provided in this rule, a probate court shall limit judicial  
admissions to persons who are located in counties which constitute a region for the  
facility. These facilities may admit an individual for preadmission examination with an  
application for temporary or administrative admission. Facility regional designation may  
be made by departmental policy or administrative rule.  
(2) Facilities of the department or licensed or certified by the department are  
designated as regional diagnostic and treatment centers for the purposes of section 816 of  
Act No. 236 of the Public Acts of 1961, as amended, being S600.816 of the Michigan  
Compiled Laws. A facility so designated shall provide an area so that court hearings  
may be held in these quarters.  
History: 1979 AC; 1986 AACS.  
SUBPART 2. TRANSFER REQUIREMENTS  
R 330.5015 Transfer under the interstate compact.  
Rule 5015. (1) An individual shall be admitted to a residential facility from another  
state under the interstate compact only if that individual meets the criteria for admission  
as specified in the act.  
(2) An individual under 18 years of age shall be transferred to a facility of  
another state under the interstate compact if the parents of that individual establish  
residence in that state.  
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History: 1979 AC.  
SUBPART 3. ADMISSION CONDITIONS  
R 330.5031 Temporary and administrative admission.  
Rule 5031. (1) An application for temporary or administrative admission shall not  
be considered as lacking in voluntariness because an individual has agreed to the action  
as a result of a probate court direction.  
(2) If a legally empowered person applies for temporary or administrative  
admission of an individual under 18 years of age and the facility director, or his or her  
designee, determines that the individual is suitable for admission, the facility shall admit  
the individual and shall include the application as part of the case record. A person is  
legally empowered to execute an application for temporary admission if he or she is a  
parent, a guardian, or in their absence, a person in loco parentis.  
(3) An individual, 18 years or older, competent and deemed suitable by the  
director, shall be admitted as an administrative admittee upon application. A  
guardian shall execute the application if the individual is not competent.  
(4) An individual under 18 years of age shall be admitted as an administrative  
admission if deemed suitable by the facility director upon the application of a parent,  
guardian, or in their absence, a person in loco parentis.  
(5) For the purpose of determining who may execute an application for temporary  
or administrative admission or who may file written notice to leave a facility:  
(a) "Guardian" means a court-appointed plenary guardian or guardian of the person  
of an individual deemed legally incompetent or a guardian appointed for a minor by a  
court.  
(b) "Parent" means the natural or adoptive parent, whether married or not. A  
parent whose parental rights have been terminated by the probate court or who has been  
deprived of legal custody by the probate or circuit court, or the equivalent in another  
state, is barred from executing an admission application.  
(c) "Person in loco parentis" means a person who assumes the rights, duties, and  
responsibilities of a parent as demonstrated by the fact that the person exercises parental  
functions, such as the care and supervision of the child. Determination of status as a  
person in loco parentis shall  
be made by the facility director or his or her designee. The director or his or her  
designee may consider, in addition to the criteria already mentioned in this  
subdivision, any of the following criteria:  
(i) The person is the sibling, adopted sibling, stepsibling, grandparent, blood  
aunt or uncle, nephew, niece, or first cousin of the individual minor.  
(ii) The minor was placed by a parent or guardian in the keeping of a person to  
whom the child is not related as can be documented by some written authorization  
executed by the parent or guardian or by the sworn affidavits of 2 other adult persons  
that the minor was left in that person's keeping by the parent or guardian.  
(iii) The person is a member of the household in which the minor resides.  
(iv) The person is responsible for the maintenance of the minor's home.  
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(v) A probate court, juvenile division, has found the minor to be within the  
jurisdiction of that court.  
(6) Action shall not be taken on an application for temporary or administrative  
admission of an individual under 18 years of age which is executed by a person in loco  
parentis until the facility director, or his or her representative, determines the  
whereabouts and legal responsibility of the parent or guardian. If the whereabouts or legal  
responsibility of the parents or guardian cannot be determined after reasonable effort,  
the director may proceed to take action.  
(7) A mentally retarded or developmentally disabled individual may be deemed  
suitable for admission as a temporary or administratively admitted resident. The facility  
director shall determine suitability and may utilize documentation, previous test  
results, or a physician's statements in establishing these conditions for a temporary  
admission. Suitability for an administrative admission shall be made with the assistance  
of a preadmission examination and in consultation with the community mental health  
agency serving the individual's county of residence or county of placement. A  
preadmission examination may be completed by a community mental health agency or  
private individual if the agency or individuals are under contract with the facility to  
provide this examination. An individual shall not be administratively admitted unless  
the director concludes on the basis of the preadmission examination, department  
admission policies, and other available information that admission is suitable for the  
following reasons:  
(a) The facility is the least restrictive setting feasible for the individual.  
(b) Services and programs in the community cannot provide necessary adequate  
habilitation program or special service required by the individual.  
(c) The individual is either:  
(i) A severely or profoundly retarded person or substantially developmentally  
disabled.  
(ii) A mildly or moderately retarded person with either multihandicapping  
conditions or specific maladaptive behavior or behavior problems.  
(8) An individual who does not meet the criteria in subrule (7) of this rule may be  
admitted on a temporary basis at the discretion of the director.  
(9) An individual may not be administratively admitted unless a preadmission  
examination, including mental, physical, social, and educational evaluations, is  
completed. The facility director, in cooperation with the community mental health  
agency, shall designate a  
professional person to supervise the examination and to prepare a report regarding  
the individual's suitability for admission and the  
arrangement.  
most appropriate living  
(10) The facility director shall effect, at least annually, a reexamination of  
each administratively admitted resident for the purpose of determining whether he or  
she continues to meet the criteria for administrative admission.  
(11) If an individual under 18 years of age, who was admitted on a temporary or  
administrative basis, becomes 18 years of age, he or she shall be released or shall  
be offered the opportunity to request administrative admission if competent. A  
guardian may execute the application if the individual is not competent.  
History: 1979 AC; 1981 AACS.  
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R 330.5033 Respite care.  
Rule 5033. Temporary admission of an individual to a state facility for respite care  
services shall not be accepted unless it is accompanied by both of the following:  
(a) An authorization from the admitting person for emergency medical care to  
provide for the health, safety, and medical well-being of the admitted individual.  
(b) Address and telephone number information on how to contact the admitting  
person or a person who could act in loco parentis.  
History: 1983 AACS.  
R 330.5039 Denial by director of administrative admission.  
Rule 5039. (1) If the facility director or his designee does not deem an individual  
suitable for admission as a temporary or administrative admission, he shall deny the  
request. Reason for denial shall be made known to the applicant, and with consent, to  
the community mental health agency serving the county of the individual's residence  
and shall be documented in the record of the resident. A copy of the document shall be  
given to the applicant.  
(2) If the director denies admission, he may offer partial admission on a day, night,  
or weekend basis if the service is available and the individual is deemed suitable for  
partial admission. The criteria for suitability for partial admission shall parallel that of  
other forms of temporary and administrative admission.  
History: 1979 AC.  
R 330.5043 Objection and appeal of an administrative admission of a minor.  
Rule 5043. (1) A minor resident informing the facility of a desire to object to his  
admission shall be assisted by a person assigned by the facility director in properly  
submitting the objection to the court.  
(2) An individual not less than 13 years of age shall be assisted in preparing a  
proper written objection for the court and shall be made aware of the appropriate time  
intervals at which objection shall be made. When the objection is complete, the facility  
director or his designee shall submit it to the probate court within 24 hours,  
excluding Saturdays, Sundays, and holidays.  
(3) Upon notification of an objection by an individual under the age of 13, the  
facility director or his designee shall notify the probate court of the objection and  
request the probate court appoint a guardian ad litem for the individual.  
History: 1979 AC.  
SUBPART 4. PERIODIC REVIEW  
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R 330.5067 Periodic review of administratively admitted resident.  
Rule 5067. A facility director shall evaluate not less than once every 12 months,  
each administratively admitted resident to determine whether he continues to meet the  
criteria for administrative admission. If the facility director determines that the  
resident does not meet the criteria, he shall discharge the resident. Results of this  
review shall be documented in the case record.  
History: 1979 AC.  
SUBPART 5. RELEASE AND DISCHARGE  
R 330.5077 Discharge of administratively admitted residents.  
Rule 5077. (1) An administratively admitted resident shall be discharged as soon as  
possible, but not later than 3 days after either of the following:  
(a) A written notice of intent to terminate admission is given by the person who  
executed the application for administrative admission.  
(b) The facility director deems that it would be clinically suitable.  
(2) An administratively admitted resident under the age of 18 who has had an  
objection to admission sustained by a court shall be discharged immediately upon  
notification to the facility by the court.  
(3) A person other than the resident may give written notice of an intention to  
terminate administrative admission if the person is the individual who executed the  
application for admission.  
(4) If a guardian has been appointed for a resident subsequent to the execution of  
an application for administrative admission, only the guardian may give written  
notice of an intention to terminate an administrative admission.  
(5) If a parent or guardian of a resident dies subsequent to execution of an  
application for administrative admission or otherwise loses legal custody of the  
resident, the surviving parent of a minor, if any, or guardian appointed by a court to  
replace the deceased or departed parents or guardian, may give written notice of an  
intention to terminate administrative admission.  
(6) If an application for administrative admission of an individual under 18 years  
of age has been executed by a proper person, notice of intention to terminate  
administrative admission may be made by the resident upon his eighteenth birthday  
unless a guardian of the resident has been appointed.  
History: 1979 AC.  
R
330.5086  
Objection to return to facility by administratively admitted  
resident.  
Rule 5086. (1) An adult resident who is administratively admitted shall not be  
returned to a facility if he or she objects.  
(2) If an adult, administratively admitted resident, who in the judgment of a facility  
director meets the criteria for judicial admission, leaves the facility without permission,  
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the parent, guardian, or nearest relative shall be immediately notified. If the resident is  
not readily traceable and his or her whereabouts are unknown, the facility shall  
notify appropriate police authorities. If the resident is located and is unwilling to  
return to the facility, the facility director shall make application to an appropriate court  
for a determination as to whether the resident meets the criteria for a judicial  
admission. If judicial admission seems necessary and desirable, the facility shall  
continue admission status pending court hearing, after making application.  
(3) A resident on authorized leave who was admitted to a facility on an application  
for administrative admission executed by someone other than himself or herself may be  
returned over his or her objection, unless the parent, guardian, or person in loco parentis  
objects.  
(4) A resident who has been admitted upon the signed application of a parent,  
guardian, or person in loco parentis and who leaves the facility without permission shall  
be placed on unauthorized leave status until the facility director has secured from the  
parent, guardian, or person in loco  
parentis a written notice indicating a desire to withdraw the resident from the  
facility. After securing notice, the resident shall be discharged. A minor resident  
shall be permitted to re-enter the facility  
upon the original application until discharged. The notification shall be given to the  
community mental health program which serves the county of the individual's  
residence. If the resident is not discharged, the facility shall take action pursuant to R  
330.5043.  
(5) A resident who objects to returning to the facility shall be subject to the  
administrative review procedures established by the department of mental health.  
History: 1979 AC; 1981 AACS.  
R 330.5089 Discharge of judicially admitted resident.  
Rule 5089. (1) Discharge shall constitute release of a resident from jurisdiction of  
a facility, by action of the facility director or by court order, or if the court rejects an  
application or petition or fails to hold a hearing within the required time. A resident  
discharged may not be returned to the facility as a resident without a new order for  
admission or application for administrative admission.  
(2) When a resident is discharged, the facility director shall report the change in  
status to the probate court which ordered admission and indicate in this report which  
of the following factors have brought about this discharge:  
(a) Resident legally transferred out of state.  
(b) Resident, in the opinion of the facility director, is not mentally retarded.  
(c) Resident not reasonably expected to seriously injure himself or others  
physically.  
(d) Death of resident.  
(e) Resident, on a court order, after 1 year of continuous leave.  
(f) Any other reason provided for in statutes or procedures of the department.  
History: 1979 AC.  
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R 330.5091 Authorized leave of judicially admitted residents.  
Rule 5091. (1) A leave for a visit constitutes a conditional and revocable  
release of a resident, granted for temporary purposes to provide a short-term experience  
outside the facility for an individual not yet thought to be capable of making a  
satisfactory adjustment on a long-term basis.  
(2) Convalescent leave shall constitute a conditional and revocable release of a  
resident in his own custody or in the custody of another person, granted for purposes  
of continuing care and treatment by a facility while providing a longer term  
experience outside the facility for an individual not yet thought to be capable of  
making a satisfactory adjustment without this form of treatment. At the time a facility  
director determines the suitability of release for a judicially admitted resident,  
consideration for discharge shall have preference.  
(3) A resident, while in the custody of a facility, shall not be permitted leave  
when in the judgment of the facility director it would be harmful to the resident or  
others.  
(4) The department shall not be responsible for providing transportation for the  
return to a facility of a resident on convalescent leave. Exceptions to this may be  
made in special instances with the approval of the director of the department.  
(5) Convalescent leave for a resident intending to go to another state shall not be  
granted without the approval of the director of the department.  
(6) A facility shall not accept liability for expenses incurred by or for a resident on  
leave unless this expense is authorized in advance.  
History: 1979 AC.  
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