May 2, 2001

CHILD PLACING AGENCY LETTER #2001-05

TO:                

SUBJECT:  

EFFECTIVE DATE:            Upon receipt

Child Placing Agency Letters issued prior to 01/01/00 were made obsolete in Child Placing Agency Letter 2001-03.  Three subsections of Public Act 116, Section 5 (6), (7), & (8), were addressed in CPA letters issued prior to 01/01/00.  The requirements for complying with these specific sections of the act have been changed.

Placing a 16 or 17 Year Old in an Adult Foster Care Home

MCL 722.115, Section 5 (6) states:

The Department may authorize a licensed child placing agency or an approved governmental unit to place a child who is 16 or 17 years old in an adult foster care family home or and adult foster care small group home licensed under the adult foster care facility licensing act, Act No. 218 of the Public Acts of 1979, as amended, being sections 400.701 to 400.737 of the Michigan Compiled Laws, if a licensed child placing agency or approved governmental unit retains supervisory responsibility for the child and certifies to the department all of the following:

(a)   The placement is in the best interests of the child.

(b)   The needs of the child can be adequately met by the adult foster care family home or small group home.

(c)   The child will be compatible with other residents of the adult foster care family home or small group home.

(d)   That the child placing agency or approved governmental unit will periodically reevaluate the placement of an individual under this subsection to determine that the criteria for placement in subdivision (a) through (c) continue to be met.

A request for authorization to place a 16 or 17 year old in adult foster care must be submitted in writing to the Director of the Division of Child Welfare Licensing.  The request must be signed by a supervisor from the child placing agency or approved governmental unit.  The request must contain the following information:

·        Identification of the specific adult foster care facility the agency wishes to place the youth in.  The name of the provider, the name of the facility and the license number must be included.

·        Information about the youth the agency is recommending for placement including name, date of birth, and the specific circumstances that make adult foster care more appropriate than children’s foster care.

·        Documentation of consultation with the adult foster care licensing consultant assigned to the facility regarding the appropriateness of the recommended placement.

·        The plan for supervision and reevaluation that the criteria outlined in the law continue to be met.

The written request will be reviewed.  After consultation with the Director of the Division of Adult Foster Care Licensing, a letter either recommending approval or denial of the request will be prepared and submitted to the Director of the Bureau of Regulatory Services.  The director makes the final decision.  Placement of the youth is not to be made without written approval from the Director of the Bureau of Regulatory Services.

Placing a Child Less than 16 in an Adult Foster Care Home

MCL722.115, Section 5 (8) states:

On an exception basis, the director of the department, or his or her designee, may authorize a licensed child placing agency or an approved governmental unit to place a child in an adult foster care family home or and adult foster care small group home licensed under the adult foster care licensing act No. 218 of the Public Acts of 1979 if the license child placing agency or approved governmental unit certifies to the department all of the following:

(a)    The placement is in the best interest of the child.

(b)    The placement has the concurrence of the parent or guardian of the child.

(c)     The identified needs of the child can be met adequately by the adult foster care home or small group home.

(d)    The child’s psychosocial and clinical needs are compatible with those of other residents of the adult foster care home or small group home.

(e)    The clinical treatment of the child’s condition is similar to that of the other residents of the adult foster care home or small group home.

(f)       The child’s cognitive level is consistent with the cognitive level of other residents of the adult foster care home or small group home.

(g)    The child is neurologically disabled and is also physically limited to such a degree as to require complete physical assistance with mobility and activities of daily living.

(h)     The child placing agency or approved governmental unit will periodically reevaluate the placement of a child under this subsection to determine that the criteria for placement in subdivisions (a) to (g) continue to be met.

A request for authorization to place a youth who is less than 16 years old in adult foster care must be submitted in writing to the Director of the Division of Child Welfare Licensing.  The request must be signed by a supervisor from the child placing agency or approved governmental unit.  The request must contain the following information:

·        Identification of the specific adult foster care facility the agency wishes to place the youth in.  The name of the provider, the name of the facility and the license number must be included.

·        Documentation of consultation with the adult foster care licensing consultant assigned to the facility regarding the appropriateness of the recommended placement.

·        Information about the child including:

o       Name, date of birth, sex

o       A description of the child’s psychosocial and clinical needs.

o       The prescribed clinical treatment for the child’s condition.

o       A description of the child’s cognitive level.

o       A description of the child’s neurological handicap and medical documentation that the child is physically limited to such a degree as to require physical assistance with mobility and activities of daily living.

o       As assessment of the child’s immediate and long term need for foster care.

·        Verification that the parent or guardian of the child concurs with placement in the specified home.

·        Verification that the psychosocial and clinical needs of the child are compatible with those of all other residents in the specified home.

·        Verification that the clinical treatment of the child’s condition is similar to that of all other residents in the specified home.

·        Verification that the child’s cognitive level is consistent with the cognitive level of all other residents in the specified home.

·        Rationale why placement in the specified adult foster care home is more appropriate than placement into a children’s foster home.

·        The plan for supervision and reevaluation that the criteria outlined in the law continue to be met.

The written request will be reviewed.  After consultation with the Director of the Division of Adult Foster Care Licensing, a letter either recommending approval or denial of the request will be prepared and submitted to the Director of the Bureau of Regulatory Services.  The director makes the final decision.  Placement of the youth is not to be made without written approval from the Director of the Bureau of Regulatory Services.

Placement of an Adult in a Children’s Foster Home

MCL 722.115, Section 5 (7) states:

On an exception basis, the director of the department, or his or her designee, may authorize a licensed child placing agency or approved governmental unit to place an adult in a foster family home if a licensed child placing agency or approved governmental unit certifies to the department all of the following:

(a)     The adult is a person with a developmental disability as defined by section of 100a of the mental health code, Act No. 258 of the Public Acts of 1974, being section 330.1100a of the Michigan Compiled Laws, or a person who is otherwise neurologically disabled and is also physically limited to such a degree as to require complete physical assistance with mobility and activities of daily living.

(b)     The placement is in the best interest of the adult and will not adversely affect the interest of the foster child or children residing in the foster family home.

(c)     The identified needs of the adult can be met by the foster family home.

(d)     The adult will be compatible with the other residents of the foster family home.

(e)     The child placing agency or approved governmental unit will periodically reevaluate the placement of an adult under this subsection to determine that the criteria for placement in subdivision (a) through (d) continue to be met and document that the adult is receiving care consistent with the administrative rules for a child placing agency.

NOTE:  The statute only allows the department to authorize the placement of an adult into a foster family home.  There is no statutory authority to authorize placement of an adult into a foster family group home. 

A request for authorization to place an adult in a foster family home must be submitted in writing to the Director of the Division Child Welfare Licensing.  The request must be signed by a supervisor from the child placing agency or approved governmental unit.  If the foster family home is certified by one agency and the request for placement of the adult is being made by another child placing agency, supervisors from both agencies must sign the request.  The request must contain the following information:

·        The name, license number, licensed capacity, and license status of the foster family home.

·        The name, date of birth, and sex of the adult the agency wishes to place.

·        Documentation of the adult’s developmental disability or neurological handicap and medical documentation that the individual us physically limited to such a degree as to require complete physical assistance with mobility and activities of daily living.

·        Rationale for why placement in a children’s foster home is more appropriate than placement in an adult foster home.

·        Verification that the placement of the adult will not adversely affect the interest of the foster child or children in placement in the home.

·        Verification that the foster family home can meet the needs of the adult.

·        Verification that other residents of the foster family home will be compatible with the adult.

·        The plan for supervision and reevaluation that the criteria outlined in the law continue to be met.

The written request will be reviewed.  A letter either recommending approval or denial of the request will be prepared and submitted to the Director of the Bureau of Regulatory Services.  The director makes the final decision.  Placement of the adult is not to be made without written approval from the Director of the Bureau of Regulatory Services.  This includes short term substitute care (respite care) of an adult in a children’s foster home.

The decision of the Director of the Bureau of Regulatory Services may not be appealed.  The only basis for appeal in the statute is for adverse actions against a license.

If you have any questions about Child Placing Agency Letter #2001-05, please call your Child Welfare Licensing Consultant or the Child Foster Home Licensing Unit at (517) 335-6108. 

Sincerely,

Carole Hakala Engle, Director
Bureau of Regulatory Services