Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
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 Caring Institutions  
5. Rule numbers or rule set range of numbers:  
R 400.4101 – R 400.4666  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Talisa Gauthier  
Email of person filling out RFR:  
GauthierT1@michigan.gov  
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 proposed rules provide the minimal standards for staff qualifications, facility requirements,  
licensing, and fire safety. The rules were last updated in 2022. 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.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
The Department of Health and Human Services.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 722.112(1).  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
Yes, MCL 722.112.  
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 proposed 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?  
The rules are the subject matter in the Division of Child Welfare Licensing technical advisor policy.  
The policy will be updated simultaneously to the rule promulgation.  
MCL 24.239  
RFR-Page 2  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for  
the current year?  
The rules are rules 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  
of 1969, 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.  
The rules incorporate the recommendations of the public as provided by the contracted agencies  
during many workgroup sessions with the Department and the agencies, along with other  
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 reviewed in 2026. The last rule revision was in 2022. Changes to federal law and  
state law regarding requirements for child caring institutions, including fire safety, environmental  
requirements, and staffing requirements have led to rule changes.  
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 majority of the rules. Those rules that are obsolete have been  
identified in the proposed rules as rescinded.  
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 Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;