HOUSE BILL No. 4847


     May 28, 1997, Introduced by Reps. Profit, Price and Baird and referred to the Committee on Mental Health.


        A bill to amend 1974 PA 258, entitled

   "Mental health code,"

   by amending section 153 (MCL 330.1153), as amended by 1995 PA

   290.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 153.  (1) Subject to section 114a, the department shall

 2    promulgate rules for the placement of adults who have serious

 3    mental illness or developmental disability into community based

 4    dependent living settings by department agencies, BY community

 5    mental health services programs, and by agencies under contract

 6    to the department or to a community mental health services

 7    program.  The rules shall include, but not be limited to, the

 8    criteria to be used to determine a suitable placement,  and  the

 9    specific agencies responsible for making decisions regarding a

10    placement, AND PROVISIONS CONSISTENT WITH FEDERAL FAIR HOUSING


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 1    LAW AND REGULATIONS THAT ENSURE THAT PLACEMENT UNDER THIS SECTION

 2    DOES NOT PERPETUATE OR TEND TO PERPETUATE SEGREGATED HOUSING

 3    PATTERNS.

 4         (2) Subject to section 114a, the department shall promulgate

 5    rules for the certification of specialized programs offered in an

 6    adult foster care facility to individuals with serious mental

 7    illness or developmental disability.  The rules shall provide for

 8    an administrative appeal to the department of a denial or limita-

 9    tion of the terms of certification under chapter 4 of the admin-

10    istrative procedures act of 1969,  Act No. 306 of the Public Acts

11     of 1969, being sections 24.271 to 24.287 of the Michigan Compiled

12     Laws  1969 PA 306, MCL 24.271 TO 24.287.

13         (3) Upon receipt of a request from an adult foster care

14    facility for certification of a specialized program, the depart-

15    ment shall inspect the facility to determine whether the proposed

16    specialized program conforms with the requirements of this sec-

17    tion and rules promulgated under this section.  The department

18    shall provide the department of  social  CONSUMER AND INDUSTRY

19    services with an inspection report and a certification, denial of

20    certification, revocation, or certification with limited terms

21    for the proposed specialized program.  The department shall rein-

22    spect a certified specialized program not less than once bienni-

23    ally and notify the department of  social  CONSUMER AND INDUSTRY

24    services in the same manner as for the initial certification.  In

25    carrying out this subsection, the department may contract with a

26    community mental health services program or any other agency.





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 1         (4) This section does not prevent licensure of an adult

 2    foster care facility or the placement of individuals with serious

 3    mental illness or developmental disability into community based

 4    dependent living settings pending the promulgation by the depart-

 5    ment of rules under subsection (1) or (2).














































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