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:

Mary Brennan

Phone number of person completing this form:

517-284-4850

E-mail of person completing this form:

BrennanM@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Mary Brennan

2. Rule Set Information

MOAHR assigned rule set number:

2020-39 HS

Title of proposed rule set:

Child Caring Institutions

3. Purpose for the proposed rules and background:

These rules address the licensing requirements for child caring institutions in the state. They provide

the minimal standards for staff qualifications, facility requirements, licensing, and fire safety. The

rules were last updated in 2015. Since that time, federal law requirements have changed, 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 caring institutions in the state. They provide

the minimal standards for staff qualifications, facility requirements, licensing, and fire safety. The

rules were last updated in 2015. Current issues have evolved that require a review of the entire rule

set to address LGBTQ youth, restraints, seclusion, and behavior management. 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. All

three rule sets are currently being revised.

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

publication dates:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

Battle Creek Enquirer-May 17, 2021; Oakland Press, May 18, 2021; Marquette Mining Journal, May

13, 2021.

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

6/1/2021

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

6/3/2021 09:00 AM at The public hearing will be held virtually via Zoom to receive public comments

while complying with measures designed to help prevent the spread of Coronavirus Disease 2019

(COVID 19) and the City of Lansing Resolution #2021-081. , https://tinyurl.com/4rx79535 Meeting

ID: 871 2605 2252 Passcode: rWvA73

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=167

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

Kelly Maltby, Division of Child Welfare Licensing Analyst; Soleil Campbell, State Administrative

Manager 15, Juvenile Justice Services

10. Persons submitting comments of support:

Because of the different comments made that did not specifically indicate either "support" or

"opposition", all persons were added to Section 5 below.

11. Persons submitting comments of opposition:

Because of the different comments made that did not specifically indicate either "support" or

"opposition", all persons were added to Section 5 below.

12. Persons submitting other comments:

Jenifer Nyhuis, CEO, Havenwyck Hospital; Jay Kaplan, ACLU of Michigan; Kurt Sebaly, Executive

Director, Penrickton Center; Jeana Koerber and Calvin Gage, Great Lake Center for Autism

Treatment and Research; Bernadette Brown, B Brown Consulting; Jason Smith, Executive Director,

Michigan Center for Youth Justice; Tori Benden, Director, Calhoun County Juvenile Center; Patricia

Jansen, Livingston County ESA; Jerry Peterson, Director, Ruth Ellis; Melissa Kovach, ACLU of

Michigan; Yona Issacs; Mark McWilliams, Disability Rights Michigan; Brian Philson; Gabrielle

French, MCYJ;

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

Gabrielle

In rule 158(l)(a)(ii),

DHHS agrees with R 400.4158

French, MCYJ the proposed rule

states, "Hitting or

striking, throwing,

kicking, pulling or

pushing a child on any

part of their body for

the purpose of

the

(1)(a)(ii)

recommendation

of removal of the

language "for the

purpose of

punishment"

Language struck.

punishment." MCYJ

recommends removing

the phrase, "for the

purpose of

punishment, n

acknowledging that

none of these

behaviors should

occur under any

circumstances. By

qualifying it as "for

the purpose of

punishment" it leaves

it open to say that

these harmful

approaches may be

warranted in some

situations

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

2

Gabrielle

In Rule 159, MCYJ

DHHS agrees to R 400.4159

add "private

secure juvenile

French, MCYJ strongly supports the

proposed rule to

require all child caring

institutions to establish

a process

improvement and

restraint reduction

plan. Since secure

juvenile justice

justice facilities".

The county

operated facilities

fall under' the

Social Welfare Act

and are not

considered a child

caring instrtution.

facilities were

separated out to permit

some forms of

mechanical restraints,

we recommend adding

language that

specifically states, "A

child caring

institution, including

non-secure and secure

juvenile justice

facilities, must

establish a process

improvement and

restraint

reduction/elimination

plan ... "

3

Gabrielle

In Rule 159{1)(g), the

DHHS agrees with R 400.4159

French, MCYJ provision requires

each CCI to establish a

restraint reduction

the proposed

language to

include youth and

family

(1)

committee. MCTJ

strongly supports these

provisions; however, it

does not specify which

stakeholders must be

included in this

representation on

the committee.

DHHS opposes

adding a

requirement of an

outside

committee, nor to

whom this committee

is held accountable. It

is also unclear if a

organization at this

time due to

confidentiality

concerns, in

similar state-level

restraint reduction

addition to

committee will be

convened by MDHHS

that can analyze and

separate interests

outside the

purpose of the

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

track process

committee.

improvements toward

eliminating restraints

across CCIs. We

recommend language

that states, he

restraint reduction

committee must

include representation

from at least one youth

and/or family member

and at least one

outside organization

that is not a ca. The

agency's committee

shall meet quarterly

and submit quarterly

progress reports to

MDHHS. A

representative from

the CCl's restraint

reduction

committee must

participate in a

statewide restraint

reduction committee

convened by

MOHHS."

4

Gabrielle

In Rule 161(1), MCYJ

DHHS agrees with R 400.4161

French, MCYJ strongly supports the

development of

adding the

(1)

proposed language

to rule 161 but

placed at the end

as subrule (11) for

consistency with

other rules.

written policies and

procedures regarding

the use of mechanical

restraints. We also

suggest adding

language that requires

that these policies be

posted publicly in

visiting areas and be

required to be

provided in writing in

their entirety, to

referral agencies and

legal guardians.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

5

Jeana

If a personal or

mechanical

restraint is used, 400.4159 and only

staff must use the mechanical

This language was R 400.4159

removed from R (6)

Koerber/Calvin

Gage-Great

Lake Center for

Autism

permitted

restraint guidance

Treatment and

Research;

methods of

personal and

mechanical

is provided under

R 400.4161.

restraint,

appropriate

techniques for

use of restraints,

and the child

caring institution

must provide

guidance to staff

in deciding what

level of restraint

to use if that

becomes

necessary.

6

Jeana

The penal code

DHHS agrees that R 400.4160

Koerber/Calvin

Gage-Great

Lakes Center

for Autism

Treatment and

Research

referenced here the citation does (a)

references child not align with the

abuse. This

Child Care

would indicate

you could only

use emergency

restraint if the

danger was to

another child.

That is not

Organizations Act.

Citation removed.

consistent with

Act 116, the

MDHHS

guidelines, or the

definitions

provided earlier

in these proposed

rules.

14.Date report completed:

5/20/2022

MCL 24.242 and 24.245