R 400.12309 Criminal history; central registry; “good moral character”;
convictions.
Rule 309. (1) The agency shall obtain from a foster home applicant or licensee the
name of, and a signed release for, a criminal history and child protective services check
to obtain any of the following information from each adult member of the household,
including children who turn 18 years of age while living in the home:
(a) Conviction of a crime other than a minor traffic violation.
(b) Involvement in a confirmed abuse or neglect of a child or adult.
(c) Placement on court-supervised parole or probation.
(2) If an applicant, licensee, or adult member of the household is a member of a
federally recognized Indian tribe or identifies that they have lived on a reservation, the
certifying child placing agency must contact the specific tribal jurisdiction, including
tribal social services or the tribal court, to determine whether that jurisdiction has relevant
background information to provide to the certifying child placing agency regarding the
licensing assessment. In the event the tribe does not respond to the inquiry, the
department may proceed with the licensing assessment.
(3) The agency shall require a foster home applicant or licensee to undergo a
fingerprint-based, criminal history check.
(4) The agency shall require any adult member of the household to undergo a state-
based, criminal history background check and, if applicable, contact with the appropriate
tribal jurisdiction as referenced in subrule (2) of this rule. Upon the agency receiving
information that an additional adult is residing in the home, the agency shall immediately
obtain a release from the additional adult for the information required in subrule (1) of
the rule.
(5) A license will not be issued or maintained by an applicant or licensee unless the
department has made a determination under section 2 of 1974 PA 381, MCL 338.42,
regarding the applicant, licensee, or adult member of the household’s “good moral
character” and convictions.
History: 1998-2000 AACS; 2014 AACS; 2023 MR 12, Eff. June 26, 2023.
R 400.12310 Initial evaluation.
Rule 310. (1) An agency social service worker shall complete a written initial foster
home evaluation, on a form provided by the department, before certifying the home for
licensure.
(2) The report must include the dates and places of contacts and persons interviewed
or observed.
(3) The agency shall assess all the following:
(a) The applicant or licensee’s family and marital status and history, including
current and past level of family functioning and relationships, and any incidents of
domestic violence, elder abuse, or child abuse, as a perpetrator.
(b) The circumstances surrounding any criminal convictions or arrests for each
member of the household, including minor children.
(c) Physical, mental, and emotional health of each member of the household,
including any history of substance use disorder or treatment.
(d) Current mental health or substance use, or both.
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