Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Health and Human Services

Division/Bureau/Office:

Children's Services Agency

Name of person completing this form:

Talisa Gauthier

Phone number of person completing this form:

517-241-0048

E-mail of person completing this form:

gauthiert1@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Mary Brennan

2. Rule Set Information

MOAHR assigned rule set number:

2020-2 HS

Title of proposed rule set:

Child Placing Agencies

3. Purpose for the proposed rules and background:

These rules address the licensing requirements for child placing agencies in the state. They provide

the minimal standards of foster care, adoption, and independent living standards including staff

qualifications, licensing of foster family and group homes, recruitment of foster parents, training of

foster parents, and placement of children for adoption. The rules were last updated in 2019. Federal

law requirements have changed which include a model standards for foster family homes, and new

issues have evolved that require a review of the entire rule set to address such current issues involving

LGBT youth, vaccinations, and variance requirements. Further, there are conflicts within the child

caring institution, child placing agencies, and foster family and group home rules that need to be

amended for consistency for the contracted agencies providing services.

4. Summary of proposed rules:

These rules address the licensing requirements for child placing agencies and foster family and group

homes in the state. They provide the minimal standards for staff qualifications, licensing

requirements of prospective foster parents and the foster homes, and requirements for LGBTQ youth

placement. Further, there are conflicts within the child caring institution, child placing agencies, and

foster family and group home rules that need to be amended for consistency for the contracted

agencies providing services.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

Oakland Press, September 23, 2021; Marquette Mining Journal, September 23, 2021; Battle Creek

Enquirer, September 22, 2021

6. Date of publication of rules and notice of public hearing in Michigan Register:

10/1/2021

7. Date, time, and location of public hearing:

10/12/2021 09:00 AM at Grand Tower-Dempsey Room , 235 S. Grand Avenue, First Floor, Lansing,

MI 48933

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=130

9. List of the name and title of agency representative(s) who attended the public hearing:

Angela Hull, Manager, Division of Child Welfare Licensing; Jessica VandenHeuvel, Manager,

Division of Child Welfare Licensing

10. Persons submitting comments of support:

Lara Bouse, Director, Fostering Forward Michigan.

11. Persons submitting comments of opposition:

None

12. Persons submitting other comments:

Erin Matuz, DHHS, Katie Sander-Hands Across the Waters, Laura Bouse, Director, Foster Forward

Michigan

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Laura Bouse,

Director

We would like to

strike the word

DHHS agrees with R 400.12328

the proposed

Fostering

Forward

Michigan

"electronic" as it

provides a barrier to

non-contracted

change. R

400.12328(1) has

been amended to

the following: An

agency shall

maintain a foster

home record in the

manner in which is

prescribed by the

department for

agencies to doing this

important work. We

would like to have

language that suggests

keeping the record in a

manner as prescribed

by the Department

instead.

each foster care

home.

2

Lara Bouse,

Director

Adoption Placement,

we would like

DHHS agrees with R 400.12713

the proposed

Fostering

Forward

Michigan

language added to

maintain records for

all adoptions, not just

those for children of

the Child Welfare

System under DHHS.

change. DHHS is

the central

adoption registry

for all adoptions

pursuant to MCL

710.27b. Records

must be sent under

the Probate Code.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

3

Lara Bouse,

Director

Fostering

Forward

Rule 400.12403(3)

DHHS agrees. The R 400.12403

(DHHS NOTE: It is

(2) in the final rules),

we are adamant that

this language needs to

remain and shall not

be changed. Not

having this language

has proven to reduce --

is proven to increase

barriers. This

language reduces

barriers for

cooperation in cross

agency placements

now known as

Family First

(3)

Preservation

Services Act

requires states

drawing Title IV E

to incorporate

Michigan

licensing standards

for foster homes.

These standards

are addressed in

both the Child

Placing Agency

and Foster Family

and Group Home

rules. DHHS did

not provide any

further rules that

would be more

restrictive of the

federal standards

under the

borrowed beds, and

allows foster homes

more confidence in

being able to do the

same job consistently

no matter what

agency they're

working with.

Administrative

Procedures Act.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

4

Katie Page

Sander,

Executive

Director, Hands as such does not

Across the

Waters

Michigan provides full

recognition of foreign

adoption decrees, and

DHHS agrees the R 400.12802

current language

presents a strain

on the Michigan

agency. Rule

language changed

as follows:

Where a child

require readoption.

Our agency will soon

be the only provider of

intercountry adoption

in the state of

requires

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

readoption in the

state of residence

where they will be

living, the agency

shall coordinate

with the family’s

home study

agency to ensure

all legal

postplacement reports”

for any family who

resides outside of

Michigan. Instead, we

would advise the

requirements of

the families’ home

state are followed.

family about the

procedures necessary

and coordinate with

the out of state agency

who will provide those

services.

14.Date report completed:

4/27/2023

MCL 24.242 and 24.245