Section R. 400.12101 - DefinitionsRule 101.
(1) As used in these rules:(a) "Act" means 1973 PA 116, MCL 722.111 to 722.128.(b) "Agency" means child-placing agency as defined in section 1 of the act, MCL 722.111.(c) "Case record" means the individual file, including electronic records, kept by an agency concerning a child who has been placed by the agency.(d) "Chief administrator" means the person designated by the licensee as having the day-to-day responsibility for the overall administration of a child placing agency and for assuring the care, safety, and protection of children and families served.(e) "Concurrent planning" means simultaneously planning for reunification and alternative permanence.(f) "Contractor" means a person contracted to perform services or to provide supplies to a child placing agency.(g) "Corporal punishment" means hitting, paddling, shaking, slapping, spanking, or any other use of physical force as a means of behavior management.(h) "Department" means the Michigan department of health and human services.(i) "Deemed status" means a status conferred on an organization based on a professional standard's review by a national accrediting organization that recognizes that the organization's programs meet certain effectiveness criteria.(j) "Emergency placement" means a placement that is made in response to a sudden unexpected occurrence that demands immediate action.(k) "Foster care" means a child's placement outside the child's parental home by and under the supervision of a child placing agency, the court, or the department. Foster care does not include the delegation of a parent's or guardian's powers regarding care, custody, or property of a child or ward under a properly executed power of attorney under the safe families for children act, 2018 PA 434, MCL 722.1551 to 722.1567.(l) "Foster child" means a person who meets all the following criteria: (i) Resides in an out-of-home placement based on a court order or is temporarily placed by a parent or guardian for a limited time in a foster home as defined by the act or has been released by a parent to the department or a child placing agency pursuant to section 22 of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.22.(ii) Is either of the following: (A) Placed with or committed to the department for care and supervision by a court order under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712 A.2.(B) Is 18 years of age or older, was in foster care prior to turning 18, and agrees to remain in care following termination of court jurisdiction.(m) "Foster parent" means the person or persons, including tribal members, to whom a foster home license is issued.(n) "Gender" or "gender identity" means a person's internal identification or self-image as a man, boy, woman, girl, or another gender identity.(o) "Gender expression" means how a person publicly expresses or presents their gender, which may include behavior and outward appearance such as dress, hair, makeup, body language, and voice. Components of gender expression may or may not align with gender identity.(p) "Human behavioral science" means a course of study producing a degree from an accredited college or university that is approved by the department for the specific positions when required by the act and these rules.(q) "Independent living" means the placement, by an agency, of a youth who is not less than 16 years of age in his or her own unlicensed residence, the residence of an adult who does not have supervisory responsibility for the youth, or in a residence under the control of the agency. The authorized agency or governmental unit retains supervisory responsibility for the youth.(r) "Infant" means a child between birth and the date of the child's first birthday.(s) "Licensing authority" means the administrative unit of the department responsible for making licensing and approval recommendations for a child placing agency.(t) "Parent" means a legal parent and includes a custodial parent, noncustodial parent, or adoptive parent.(u) "Placement" means moving a child to an out-of-home living arrangement for purposes of foster care, adoption, or independent living; or from out-of-home placement to another out-of-home placement.(v) "Sexual orientation" means a person's identity in relation to the gender or genders to which they are attracted.(w) "Social service aide" means an individual who is employed, contracted, or a volunteer who has specified case-support duties as defined by department or agency policy.(x) "Social service supervisor" means a person who supervises a social service worker. A social service supervisor may also function as a social service worker in the temporary absence of the social service worker if the provisions of R 400.12205 are met.(y) "Social service worker" means a person who performs social service functions prescribed by these rules.(z) "SOGIE" means an individual's sexual orientation, gender identity, and expression.(aa) "Staff" means an individual who is 18 years of age or older and who is employed by a child placing agency for compensation.(bb) "Tribe" means a federally recognized tribe.(cc) "Volunteer" means a person who is not an employee and does not receive compensation but donates his or her work and acts at the direction of and within the scope of duties determined by the child placing agency.(2) A term defined in the act has the same meaning when used in these rules.Mich. Admin. Code R. 400.12101
1998-2000 AACS; 2007 AACS; 2014 AACS; 2015 AACS; 2023 MR 12, Eff. 6/26/2023