Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Health and Human Services  
2. Bureau:  
Children's Services Agency  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Child Care Fund  
5. Rule numbers or rule set range of numbers:  
R 400.2001 - R 400.2049  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Talisa Gauthier  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
517-284-4853  
Address of person filling out RFR:  
235 S. Grand Avenue, 2nd Floor, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The purpose of these rules is to designate the funding of the child welfare programs involving the  
state, county, and tribal offices for abuse, neglect, and juvenile justice services. In 2023-24,  
legislative changes were made to the statutory sections addressing the child care fund, specifically,  
MCL 400.117a to 400.117h, involving new changes to the funding of the juvenile justice services.  
The proposed rules will be amended to align with statutory changes, including the counties'  
requirement to submit data elements to satisfy the statutory mandate for MDHHS to report to the  
legislature on performance measures.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
By authority conferred on the Director of the Department of Health and Human Services by  
sections 6 and 117a of 1939 PA 280, MCL 400.6 and 400.117a.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
Yes, under MCL 400.117a(3): The department shall promulgate rules under the administrative  
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to monitor juvenile justice services  
money and to prescribe child care fund accounting, reporting, and authorization controls and  
procedures and child care fund expenditure classifications. For counties required to have a child  
care fund, the department shall fund services that conform to the child care rules promulgated  
under this act.  
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 or duplicate similar rules, 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?  
Yes. The subject matter of these rules are the subject of the “Child Care Fund Handbook,” which  
has its authority in the current rules under Mich Admin Code R 400.2001 and acts as the policy for  
the program area. The department has also created forms for use by the county and tribes for  
reimbursement and other reporting.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules were not listed on the department’s annual regulatory plan as rules to be processed for  
the 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 statutory amendment of the child care fund rules under MCL 400.117a, the  
Department was a member of Michigan Task Force on Juvenile Justice Reform that recommended  
changes to the rules for funding purposes in the juvenile justice program area, particularly those  
rules that would provide incentive for funding for in-home /community based services for youth as  
opposed to detention or residential, out-of-home placements.  
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 2020. Since then, juvenile justice reform efforts have increased to  
concentrate more on services to be provided to youth that no longer required out of home  
placement and to increase the youth’s wellbeing, community safety, family engagement, and to  
prepare youth for success in their adulthood.  
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 all of the rules currently and the amendments being requested at this  
time.  
MCL 24.239  
RFR-Page 3  
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  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;