MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES
CHILDREN’S SERVICES AGENCY
DIVISION OF CHILD WELFARE LICENSING
FOSTER FAMILY HOMES
AND
FOSTER FAMILY GROUP HOMES
These rules become effective 7 days after filing with the secretary of state June 9, 2023
(By authority conferred on the director of the department of health and human services by
sections 2, 5, 10, and 14 of 1973 PA 116, MCL 722.112, 722.115, 722.120, 722.124, and
Executive Reorganization Order No. 2015-1, MCL 400.227)
R 400.9207 and R 400.9307 of the Michigan Administrative Code are rescinded, and R
400.9101, R 400.9102, R 400.9201, R 400.9202, R 400.9203, R 400.9204, R 400.9205, R
400.9206, R 400.9301, R 400.9302, R 400.9303, R 400.9305, R 400.9306, R 400.9308, R
400.9309, R 400.9310, R 400.9401, R 400.9402, R 400.9403, R 400.9404, R 400.9405, R
400.9406, R 400.9407, R 400.9408, R 400.9409, R 400.9410, R 400.9411, R 400.9412, R
400.9413, R 400.9414, R 400.9415, R 400.9416, R 400.9417, R 400.9419, R 400.9420, R
400.9501, R 400.9502, R 400.9503, R 400.9505, and R 400.9506 are amended, as follows:
PART 1. GENERAL PROVISIONS
R 400.9101 Definitions.
Rule 101. (1) As used in these rules:
(a) "Act" means 1973 PA 116, MCL 722.111 to 722.128.
(b) "Agency" means the child placing agency that certifies the foster home for licensure
by the department.
(c) “Corporal punishment” means hitting, paddling, shaking, slapping, spanking, or any
other use of physical force as a means of discipline, punishment, or behavior management.
(d) "Department" means the Michigan department of health and human services.
(e)"Foster care" means a child's placement outside the child's parental home by and under
the supervision of a child placing agency, the court, or the department. Foster care does not
include the delegation of a parent's or guardian's powers regarding care, custody, or
property of a child or ward under a properly executed power of attorney under the safe
families for children act, 2018 PA 434, MCL 722.1551 to 722.1567.
(f) "Foster child" means a person who meets both of the following criteria:
(i) Resides in an out-of-home placement based on a court order or is temporarily placed
by a parent or guardian for a limited time in a foster home as defined by the act or has been
released by a parent to the department or a child placing agency pursuant to section 22 of
the probate code of 1939, 1939 PA 288, MCL 710.22.
(ii) Is either of the following:
(A) Placed with or committed to the department for care and supervision by a court order
April 18, 2023