Mich. Admin. Code R. 400.1401

Current through Vol. 24-21, December 1, 2024

Section R. 400.1401 - Definitions

Rule 1.

(1) As used in these rules:

(a) "Act" means the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.

(b) "Capacity" means the maximum number of residents for which a home is licensed.

(c) "Chemical restraint" means the use of any drug or chemical in an emergency situation to limit activity or aggressiveness of a resident if the activity or aggressiveness would be harmful to the resident, other individuals, or property.

(d) "Department" means department of licensing and regulatory affairs.

(e) "Designated representative" means the individual or agency that has been granted the authority to act on behalf of the resident by the resident or the legal guardian of that resident.

(f) "Elopement" means a resident that has a service plan that requires notice or arranged supervision to leave the facility and is absent without notice or supervision.

(g) "Healthcare appraisal" means a licensed physician's or registered nurse's statement that provides an assessment of the general physical condition of a resident.

(h) "Home" means an adult foster care family home.

(i) "House guidelines" means those guidelines established by the licensee that set expectations for resident conduct.

(j) "Incident" means an intentional or unintentional event where a resident sustains physical or emotional harm, an unexpected or unnatural death, is displaced by a natural disaster, or elopes.

(k) "Members of the household" means all individuals living in the home, exclusive of residents.

(l) "Occupants" means all individuals living in the home.

(m) "Physical restraint" means the bodily holding of a resident with no more force than is necessary to limit the resident's movement.

(n) "Premises" means the facility, grounds, and all other appurtenances.

(o) "Resident" means an adult, as that term is defined in section 3 of the act, MCL 400.703, who, because of mental illness, developmental disability, physical handicap, or aged condition, requires and receives foster care in an adult foster care family home and does not require continuous nursing care.

(p) "Responsible agency" means a public or private organization which, after written agreement with a resident or the resident's designated representative, provides 1 or more of the following:

(i) Preplacement and placement services.

(ii) Assessment planning or the establishment of an individual plan of service.

(iii) Maintenance of ongoing follow-up services while the resident is in the home.

(q) "Responsible individual " means the licensee or adult designated by the licensee to provide foster care to residents.

(r) "Street floor" means any story or floor level that is accessible from the street or from outside the building at grade and at the main entrance, is not more than 21 inches above nor more than 12 inches below street or grade level, or a floor that is arranged and used as the main floor.

(s) "Substantial risk" means that a resident's behavior poses a serious imminent threat of bodily harm to the resident or others or the destruction of property and that the resident is capable of carrying out the harm or destruction.

(t) "Time-out" means a behavior management technique employed to reduce undesired behavior by separating a resident from their surroundings if the undesired behavior occurs.

(u) "Trust fund" means money or property set aside as a trust for a resident for the benefit of a resident and held for safekeeping by the licensee.

(2) Terms defined in the act have the same meanings when used in these rules.

Mich. Admin. Code R. 400.1401

1984 AACS; 2023 MR 11, Eff. 6/8/2023