ADULT FOSTER CARE FACILITY AMENDMENTS
House Bill 4493 as introduced
Sponsor: Rep. Peter J. Lucido
Committee: Families, Children, and Seniors
Complete to 6-7-17
SUMMARY:
House Bill 4493 would amend the Adult Foster Care Facility Licensing Act to address (1) notices by the Department of Licensing and Regulatory Affairs (LARA) to local units of government about the presence of adult foster care facilities; and (2) the extent of the exemption of such facilities from local zoning ordinances.
Notices to Local Units
Currently, LARA must notify the clerk of the city, village, or township where a proposed adult foster facility is to be located at least 45 days before the issuance of the license. The department must notify the clerk of the city, village or township of all newly licensed adult foster care facilities within 30 days after the issuance of a license.
House Bill 4493 would amend the act to require the department notify the clerk of the city, village or township by first-class mail or electronic mail. Further, when a new or renewal license is issued for an adult foster care facility, the department would have to immediately notify, by first-class mail or electronic mail, the local clerk.
The department would also need to notify the local clerk of all licensed adult foster care facilities within a local unit's boundaries by first-class mail or electronic mail within 30 days after receipt of a request for that information from the clerk.
(The bolded language above represents the changes to statute made by the bill.)
Zoning Ordinances
Currently, Section 33 says that the act "supersedes all local regulations applicable specifically to adult foster care facilities. Local ordinances, regulations, or construction codes regulating institutions shall not be applied to adult foster care large homes, adult foster care small group homes, or adult foster care family homes." The act does not, however, exempt AFCs from local construction codes applicable to private residences.
House Bill 4493 would specify that adult foster care facilities would be exempt from a zoning ordinance only to the extent provided in Section 206 of the Michigan Zoning Enabling Act or as required under federal law.
Section 206 of the state zoning enabling act contains, among other things, the following provisions:
(1) Except as otherwise provided in subsection (2), a state licensed residential facility shall be considered a residential use of property for the purposes of zoning and a permitted use in all residential zones and is not subject to a special use or conditional use permit or procedure different from those required for other dwellings of similar density in the same zone.
(2) Subsection (1) does not apply to adult foster care facilities licensed by a state agency for care and treatment of persons released from or assigned to adult correctional institutions.
MCL 400.732 & 733
BACKGROUND:
The term "adult foster care facility" refers in the statute to a governmental or nongovernmental establishment that provides foster care to adults. Adult foster care facility includes facilities and foster care family homes for adults who are aged, mentally ill, developmentally disabled, or physically disabled who require supervision on an ongoing basis but who do not require continuous nursing care. Adult foster care facility does not include a nursing home or a home for the aged.
FISCAL IMPACT:
House Bill 4493 does not appear to have any significant fiscal impact on the Department of Licensing and Regulatory Affairs or on other units of state and local government.
Fiscal Analyst: Marcus Coffin
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.