January 16, 2002

 

CHILD PLACING AGENCY LETTER #2002-01

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

SUBJECT:   Foster Home Renewal Applications 

EFFECTIVE DATE:        Upon receipt

Applications for Renewal of a Foster Family Home LIcense

Once an individual or a group has been issued a license, the licensee(s) has a due process right to apply to have that license renewed.    Public Act 306 of 1969, known as the Administrative Procedures Act, addresses the timely application for renewal of licenses, Pursuant to MCL 24.291(2), “When a licensee makes timely and sufficient application for renewal of a license or a new license with reference to activity of a continuing nature, the existing license does not expire until a decision on the application is finally made by the agency, and if the application is denied or the terms of the new license are limited, until the last day for applying for judicial review of the agency order or a later date fixed by order of the reviewing court….”

Child Placing Agency Rule 400.12306(3) requires the child placing agency provide the licensee with an application for renewal, not less than 30 days before the license will expire.  The licensee’s opportunity to apply for renewal of a license is their right, even when allegations of license violations are being investigated or there is a pending disciplinary action.

To comply with Rule 400.12306(3), an agency must give licensees an application for renewal at least 30 days before the expiration of the license.  This is true even if:

·        the license will expire before the completion of a special investigation.

·        the license will expire before a notice of intent to take disciplinary licensing action is issued, after the agency has made a recommendation for disciplinary action.

·        the license will expire before completion of the administrative process, after a notice of intent has been issued by the Department.

The rule and statute require only that the licensee be provided with a renewal application form. The manner in which the child placing agency handles a submitted renewal application will vary from case to case.  

When a child placing agency recommends that a license renewal be refused, a copy of the renewal application must be attached to the recommendation when it is sent to Lansing.

If you have any questions about Child Placing Agency Letter #2002-01, 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