PUBLIC HEARING COMMENT FOR 2020-03 HS-Foster Family and Group Homes
NAME AND ORGANIZATION
Lara Bose, Director
Forward Michigan
RULE NUMBER
Fostering Entire Rule Set
COMMENT
DEPARTMENT'S RESPONSE
No comment needed
We are in complete agreement
with the rule set as proposed. We
would like to see the rules
expedited and put into place as
quickly as possible to reduce
barriers to foster care licensure as
that is necessary to be able to
make placement for children and
match them to homes best to
provide their services for their
needs.
Shannon Chatman, Licensing Supervisor
Ennis Center
R 400.9206
Rule 400.9206, and that's the
Evaluation of the Family.
WeB8:C10 just had a concern
that if we -- can we still ask the
The licensing worker already accesses finances
in R 400.9201. If the applicant doesn't have
sufficient resources, R 400.9201 will cover that
concern.
question -- can a private agency Regarding asking the question "why", R
still ask the question about why 400.12307 already addresses that concern
the family wants to become a
during foster parent orientation that is
foster family?...Just as someone mandated by rule. Based upon these factors, it
who has been in licensing for
some time, that's one of the
questions that I feel like I get a
will allow a licesning worker to make an
informed decision of the motives of the
proposed foster family.
good response from families and
it clarifies whether or not they
would make an acceptable foster
parent. I mean, if they're
choosing to become a foster
parent because they want to
make money, then we can share
with them that that's not the
purpose of foster care and things
like that.
The next rule we discussed as an The Family First Prevention Services Act
agency was Rule 400.9306, and
that's specifically about the
Shannon Chatman, Licensing Supervisor
Ennis Center
R 400.9306
(FFPSA) federal national standards require the
room have enough space for occupants, beds,
bedroom square footage, which I and storage. DHHS has added these standards
thought 40 square feet was a
good, minimum standard. So
now that's removed and I'm
to the rule.
concerned that families may end
up really stretching the limits and
putting too many children in a
room. And without that rule
minimum square footage, I think
we're going to have a hard time
telling families, no, you can't put
four children in this tiny room.
Shannon Chatman, Licensing Supervisor
Ennis Center
R 400.9306
And then the other comment we See R 400.9306. Cribs and non-cribs are subject
had about bedrooms and
sleeping arrangements is
removing the restriction
regarding Pack 'N Plays and
to federal safety standards which include they
be safe and in good working condition.
Further, see R 400.9206 requires the licensee or
applicant to maintain a safe home and
property.
bassinets. I guess this one is a
question. What happens when
the agency says no to a family
that has a bassinet because the
bassinet is concerning, wobbly?
mean, I've seen some really, you
know, marginal bassinets when
they were allowed back in the
day. So what happens if the
agency says no and the family
says, "But it's not a rule"?
I
Shannon Chatman, Licensing Supervisor
Ennis Center
R 400.9308.
Back in the day they did not
require the telephone in the
The change was a result of the FFPSA national
licensing standards.
home, and then it was put in and
agencies had to adjust and
families had to adjust. And I
thought having a home phone in
the home was important
because what if we have a 4-year-
old -- and the rule is -- the new
rule is written to say "close
proximity." But if it's a 4-year-
old, I would say "close proximity,"
we don't want a 4-year-old
running outside down to the
neighbor's house because, you
know, there's an emergency with
the foster parent. Even to call
911, it would be better to have
the phone in the home.
Shannon Chatman, Licensing Supervisor
Ennis Center
R 400.9401
And then Rule 400.9401.
very happy when this rule
changed and they added that
children had to have a bed of
I
was
This change was a result of the FFPSA federal
national standards, In addition, the rules
require the foster parent to make sleeping
arrangments based on the child's
their own and now it seems like needs/trauma.
we're going back to the way it
was before and allowing two
children to share a bed. And as
an agency, our preference has
always been that each child has
their own bed. Even if two kids
choose to share a bed, I think it's
really important for trauma, kids
with trauma, to have their own
space, their own bed. And I think
taking that out of the rule just
opens up too much leeway for
families to use just one bed for
two kids.
Shannon Chatman, Licensing Supervisor
Ennis Center
R 400.9502
Rule 400.9502. It seems that
there's no longer the
requirement for the family to
The licensing worker must do an annual
assessmen of income for the foster family. This
assesssment should be sufficient. There are
report a change in employment. rules to allow for a special evaluation in the
That was crossed off from the
rules. And I just think that is
something that should be
event the foster family is having financial
difficulties.
reported and should be required
to report. So if the agency -- this
is another one of those if the
agency has that as a rule for
families is that violating the CPA
rules that says we can't have
stricter requirements? So that
would be a concern. We want
foster families to have to report
a change in employment.
Lara Bose, Director
Forward Michigan
Fostering R 400.9306
In regards to Rule 400.9306,
Bedrooms, we are concerned
DHHS agrees there is a conflict between the
two subrules. The original language requiring
about an inconsistency between floor to ceiling walls is reinstated. The issue of
subrule (c) and (d). Subrule ©
made changes to the
requirements regarding walls,
ceilings, and floors. Subrule (d)
latchable doors was brought up during a
meeting with LARA Fire Regulations Division
who indicated this is the proper language to
ensure ingress and egress are safe for the foster
did not indicate a change to the child and family.
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 Department to
do further research and
determine whether latchable
doors are still necessary. We like
the removal of the added
requirements in subrule (c).
Erin Matuz, Licesning Worker, DHHS
Several Rules
See Comments
Ms. Matuz's comments were not considered.
After given the ability to respond to the rule
changes internally, and after consultation with
ARD, her written comments constitute a
conflict of interest, i.e. DHHS is the agency
changing the rules and DHHS staff are not the
"public". MCL 24.203 defines “agency” as the
department or bureau promulgating the rule.
MCL 24.205 defines “person” as essentially
anyone other than the agency.
