Mich. Admin. Code R. 400.12325 - License recommendation

Rule 325.

(1) An agency shall recommend to the department the appropriate licensing action consistent with facts contained in the foster home evaluation and any special evaluations.

(2) An agency shall document foster home license changes in the foster home record and communicate the changes immediately to the department in the manner prescribed by the department.

(3) Except for an original license, an agency shall recommend to the department the issuance of a regular license or the continuation of an active license only when all rules are in compliance, or both of the following conditions exist:

(a) All non-compliances relating to the recommendation are correctable.

(b) A written corrective action plan has been developed. The plan must comply with all of the following requirements:

(i) Upon determining a rule noncompliance that is correctable by the foster parent, the agency must develop a written corrective action plan with the foster parent on the form prescribed by the department.

(ii) Be completed within 6 months of being signed.

(iii) Be signed and dated by the foster parent and the agency.

(4) Except for an original license, an agency shall recommend to the department the issuance of a provisional license only when all of the following conditions exist:

(a) The foster parent has signed an acceptable corrective action plan.

(b) The foster parent has been informed, in writing, of the facts and the basis for the provisional license.

(c) The foster parent has been notified of his or her right to appeal the provisional license.

(5) An agency shall recommend to the department the denial of license issuance, the revocation of a license, or the refusal to renew a license when all the following conditions exist:

(a) The applicant or the foster parent falsifies the application, or the applicant or the foster parent willfully and substantially violates the act or 1 or more of the licensing rules for foster homes.

(b) The agency has provided the applicant or the foster parent with all the following:

(i) A copy of the special evaluation report outlining the facts and the basis for the recommended action.

(ii) Written notice that the agency's recommendation for disciplinary action has been referred to the department for a final decision.

(iii) Written notice to the applicant or foster parent of their right to appeal the department's decision for licensing action.

(6) An agency shall provide the department with all documentation that details the basis for the agency's recommendation or any requested documentation for a department licensing action.

(7) An agency shall participate in, and present facts at, a foster home licensing administrative hearing to support an agency recommendation or a department licensing action.

Notes

Mich. Admin. Code R. 400.12325

2014 AACS; 2023 MR 12, Eff. 6/26/2023