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MCL 722.112 provides MDHHS is "responsible for the development of rules for the care and
protection of children in organizations covered by this act and for the promulgation of these rules
according to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328."
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 do not conflict with, duplicate, or exceed similar regulations, compliance requirements,
or other standards adopted at the state, regional, or federal level.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
A Technical Advisor handbook was created as an explanation for the rules. This handbook will
need amendment.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
The rules have been added to the department's annual regulatory plan this current year.
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?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The rules do not exceed similar regulations, compliance requirements, or other standards adopted
at the state, regional, or federal level.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
Prior to the rulemaking, the Division of Child Welfare Licensing had statewide meetings with
foster parents, child caring institution staff, child placing agencies staff, and other stakeholders
prior to the rulemaking for best practices and changes needed to the current structure. Further,
workgroups were developed to rewrite the rules that involved the same players and stakeholders.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
The rules were last evaluated in 2015. Changes to federal and state law, and stakeholder
improvements have been the focus and the reason for the rule updates.
16. Are there any changes or developments since implementation that demonstrate there is no
continued need for the rules, or any portion of the rules?
There is a continued need for the rules. Any rescission to rules will be addressed by the
workgroup.
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL
24.239(2))? If so, please attach the decision record.
No
MCL 24.239