Mich. Admin. Code R. 330.5031 - Temporary and administrative admission

Rule 5031.

(1) An application for temporary or administrative admission shall not be considered as lacking in voluntariness because an individual has agreed to the action as a result of a probate court direction.

(2) If a legally empowered person applies for temporary or administrative admission of an individual under 18 years of age and the facility director, or his or her designee, determines that the individual is suitable for admission, the facility shall admit the individual and shall include the application as part of the case record. A person is legally empowered to execute an application for temporary admission if he or she is a parent, a guardian, or in their absence, a person in loco parentis.

(3) An individual, 18 years or older, competent and deemed suitable by the director, shall be admitted as an administrative admittee upon application. A guardian shall execute the application if the individual is not competent.

(4) An individual under 18 years of age shall be admitted as an administrative admission if deemed suitable by the facility director upon the application of a parent, guardian, or in their absence, a person in loco parentis.

(5) For the purpose of determining who may execute an application for temporary or administrative admission or who may file written notice to leave a facility:

(a) "Guardian" means a court-appointed plenary guardian or guardian of the person of an individual deemed legally incompetent or a guardian appointed for a minor by a court.

(b) "Parent" means the natural or adoptive parent, whether married or not. A parent whose parental rights have been terminated by the probate court or who has been deprived of legal custody by the probate or circuit court, or the equivalent in another state, is barred from executing an admission application.

(c) "Person in loco parentis" means a person who assumes the rights, duties, and responsibilities of a parent as demonstrated by the fact that the person exercises parental functions, such as the care and supervision of the child. Determination of status as a person in loco parentis shall be made by the facility director or his or her designee. The director or his or her designee may consider, in addition to the criteria already mentioned in this subdivision, any of the following criteria:

(i) The person is the sibling, adopted sibling, stepsibling, grandparent, blood aunt or uncle, nephew, niece, or first cousin of the individual minor.

(ii) The minor was placed by a parent or guardian in the keeping of a person to whom the child is not related as can be documented by some written authorization executed by the parent or guardian or by the sworn affidavits of 2 other adult persons that the minor was left in that person's keeping by the parent or guardian.

(iii) The person is a member of the household in which the minor resides.

(iv) The person is responsible for the maintenance of the minor's home.

(v) A probate court, juvenile division, has found the minor to be within the jurisdiction of that court.

(6) Action shall not be taken on an application for temporary or administrative admission of an individual under 18 years of age which is executed by a person in loco parentis until the facility director, or his or her representative, determines the whereabouts and legal responsibility of the parent or guardian. If the whereabouts or legal responsibility of the parents or guardian cannot be determined after reasonable effort, the director may proceed to take action.

(7) A mentally retarded or developmentally disabled individual may be deemed suitable for admission as a temporary or administratively admitted resident. The facility director shall determine suitability and may utilize documentation, previous test results, or a physician's statements in establishing these conditions for a temporary admission. Suitability for an administrative admission shall be made with the assistance of a preadmission examination and in consultation with the community mental health agency serving the individual's county of residence or county of placement. A preadmission examination may be completed by a community mental health agency or private individual if the agency or individuals are under contract with the facility to provide this examination. An individual shall not be administratively admitted unless the director concludes on the basis of the preadmission examination, department admission policies, and other available information that admission is suitable for the following reasons:

(a) The facility is the least restrictive setting feasible for the individual.

(b) Services and programs in the community cannot provide necessary adequate habilitation program or special service required by the individual.

(c) The individual is either:

(i) A severely or profoundly retarded person or substantially developmentally disabled.

(ii) A mildly or moderately retarded person with either multihandicapping conditions or specific maladaptive behavior or behavior problems.

(8) An individual who does not meet the criteria in subrule (7) of this rule may be admitted on a temporary basis at the discretion of the director.

(9) An individual may not be administratively admitted unless a preadmission examination, including mental, physical, social, and educational evaluations, is completed. The facility director, in cooperation with the community mental health agency, shall designate a professional person to supervise the examination and to prepare a report regarding the individual's suitability for admission and the most appropriate living arrangement.

(10) The facility director shall effect, at least annually, a reexamination of each administratively admitted resident for the purpose of determining whether he or she continues to meet the criteria for administrative admission.

(11) If an individual under 18 years of age, who was admitted on a temporary or administrative basis, becomes 18 years of age, he or she shall be released or shall be offered the opportunity to request administrative admission if competent. A guardian may execute the application if the individual is not competent.

Notes

Mich. Admin. Code R. 330.5031

1979 AC; 1981 AACS