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:  
2020-3 HS  
Title of proposed rule set:  
Licensing Rules for Foster Family Homes and Foster Family Group Homes  
3. Purpose for the proposed rules and background:  
These rules address the licensing requirements for foster family and group homes in the state. They  
provide the minimal standards for qualifications and investigation of prospective and current foster  
care parents. The rules also address the family or group home standards, including fire safety. The  
rules were last updated in 2019. Federal law requirements have changed to require model foster  
home standards 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.  
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  
Oakland Press, September 23, 2021; Marquette Mining Journal, September 21, 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 12:00 PM 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=131  
9. List of the name and title of agency representative(s) who attended the public hearing:  
Angela Hull, Manager; Jessica VandenHeuvel, Manager - Division of Child Welfare Licensing.  
10. Persons submitting comments of support:  
Lara Bose, Director, Forward Michigan.  
11. Persons submitting comments of opposition:  
None.  
12. Persons submitting other comments:  
Shannon Chatman, Licensing Supervisor, Ennis Center.  
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
Lara Bose,  
Director,  
Forward  
In regards to Rule  
400.9306,  
Bedrooms, we are  
concerned  
about an inconsistency  
between  
subrule (c) and (d).  
Subrule (c)  
DHHS agrees  
there is a conflict  
between the two  
subrules. The  
original language  
requiring floor to  
ceiling walls is  
reinstated. The  
issue of latchable  
doors was brought  
up during a  
R 400.9306  
Michigan  
made changes to the  
requirements  
regarding walls,  
ceilings, and floors.  
Subrule (d) did not  
indicate a change to  
the latchable door  
requirement. We are  
under the impression  
that this is because of  
fire and possible  
carbon monoxide  
safety issues, that  
these two things seem  
inconsistent and might  
pose a barrier to foster  
homes knowing how  
to be in compliance  
with this entire rule set  
for bedrooms. And we  
would like the  
meeting with  
LARA Fire  
Regulations  
Division who  
indicated this is  
the proper  
language to ensure  
ingress and egress  
are safe for the  
foster child and  
family.  
Department to do  
further research and  
determine whether  
latchable doors are  
still necessary. We like  
the removal of the  
added requirements in  
subrule (c).  
14.Date report completed:  
4/21/2023  
MCL 24.242 and 24.245  
;