October 17, 2001

CHILD PLACING AGENCY LETTER 2001-08

TO:                 Child Placing Agencies and Juvenile Courts That Certify Foster Homes for Licensure

SUBJECT:   License Effective Dates

EFFECTIVE DATE:  Upon Receipt

Public Act 116 of 1973, as amended, which governs the regulation of child care organizations, grants the authority to issue licenses to the Department of Consumer and Industry Services.  As a part of that function, the department reviews the information submitted by certifying agencies prior to granting any type of license. 

The review process, primarily conducted by child welfare licensing consultants, has shown that there has been a past practice of not renewing licenses in a timely manner.  This is no longer an acceptable practice.   Child Placing Agency rules identify clear time frames for initiating and completing the renewal process. 

The relevant section of the statute and child placing agency rules provide:

MCL 722.113 (4), in part, “Inspection reports completed by state agencies, local authorities, and child placing agencies, shall be furnished to the department and shall become a part of its evaluation for licensing of organizations covered by this act.  After careful consideration of the reports and consultation where necessary, the department shall assume responsibility for the final determination of the issuance, denial, revocation, or provisional nature of licenses issued to nongovernmental organizations…”

Child Placing Agency Rules

R 400.12306 Application request.

(3)     An agency shall document that the licensee has been given an application for renewal of the license not less than 30 calendar days before the expiration date of the license.

R 400.12313 Reevaluation.

(6)     An agency shall complete a reevaluation and shall make a licensing recommendation before the expiration date of the foster home license.

There are a variety of transactions completed by Bureau staff that result in the issuance of foster home licenses.  The effective date of the license for the various transactions is as follows:

ORIGINAL LICENSES: This includes the first license issued to an individual or family and new licenses issued when the licensee group changes or the licensee relocates to a new address. NOTE: Effective November 1, 2001, licenses that have been closed will not be re-opened.  A new original license, including enrollment, is required.  The effective date of an original license date is the date the information is entered into the Bureau Information Tracking System (BITS).  The effective date of an original license will not be backdated to a date prior to the date the consultant reviews the documents and enters the information into the BITS system.  An original license is always a 6-month provisional license.

RENEWED LICENSES:  The renewal date of a license should be the day after the license expires.  For example, if a license expires on 10/31/01, the renewal date should be 11/01/01.  A renewal date may be entered into the BITS system up to 30 calendar days prior to the date of entry.  This allows for mailing and processing time.  A license is still open after the expiration date until a specific action is entered into the BITS system.

If a renewal recommendation is received more than 30 days after the expiration of the license, the date of the renewal will be 30 days prior to the date the consultant enters the information.  This will cause the system to show a gap in the licensing period, and although the family was technically licensed continuously, this may cause audit problems.  It is important for child placing agencies to complete renewal studies and submit paperwork to the consultant in a timely manner.   

GROUP HOME LICENSES:  An original foster family group home license will be effective when the Summary of Findings, Excessive Concentration form and the BRS 3706, Licensing Transaction Record, have been received in BRS central office from the certifying agency; 45 days has passed from the date the BRS 1558, Zoning License Application Notice, is sent to the zoning authority from BRS; and the information is entered into the BITS system.  (The BRS 1558 shows the 45-day date in a box on the right side of the form in the center.)  As an original license, the foster family group home license is a 6-month provisional, regardless of whether the licensee group previously held a foster family home license.

If there are any questions about Child Placing Agency Letter #2001-08, 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