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B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
The rules are not mandated by any applicable constitutional or statutory provision.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The rules are currently the subject of the newly imposed standards by the federal government for
foster home requirements under the "Family First Preservation Services Act" as part of the
Bipartisan Budget Act of 2018, PL 115-123, 132 Stat 170.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
There is a technical assistance handbook that has been created to accompany the administrative
rules.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes, the rules were part of the ARP for 2020.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
MCL 24.244 (1)
A. Explain why the rules are being promulgated under 24.244.
The Department of Health and Human Services (DHHS) requests to promulgate the Foster Family
Homes and Foster Group Homes rule, Mich Admin Code R 400.9415, under MCL 24.244(1) for
the reason the rule promulgation is “…required to make obviously needed corrections to make the
rule conform to an amended or new statute[.]”
In 2018, Congress passed the Family First Preservation Services Act (FFPSA) as part of the
Bipartisan Budget Act of 2018, PL 115-123, 132 Stat 170. Section 50731 of the FFPSA directs the
federal Health and Human Services agency to identify “identify reputable model licensing
standards with respect to the licensing of foster family homes” (as defined in section 472(c)(1) of
the Social Security Act ). The final national standards were released in February 2019. The
language also appears under 42 USC 671(a)(10)(D) of the Act. Within the standards, the following
language appears for firearms and ammunition requirements:
Foster Family Home Health and Safety – b. Condition of the Home-Subsection iv.-Weapons and
ammunition (separately) stored, locked, unloaded, and inaccessible to children.
Michigan must submit a Title IV-E state plan amendment providing specific information regarding
the state foster family home licensing standards are consistent with the final model licensing
standards and, if not, the reason for the deviation. Michigan will adopt the final licensing
standards. The current licensing rules regarding firearms and ammunition do not adequately
address the final licensing standards and need to be amended to come into conformity under the
new standards and for the state plan.
MCL 24.239