Foster care homes and zoning

Asked November 23, 2016, 1:04 PM EST

An individual is interested in opening a foster care facility which would house 12 to 24 children 24 hours a day, 7 days a week in a residence located on a parcel of property zoned Agricultural. How does this fit under Section 206 of the Michigan Zoning Enabling Act? Please advise.

Charlevoix County Michigan zoning family child care home group child care home state licensed residential facility

2 Responses

For Michigan only: MCL 125.3206 refers to a "state licensed residential facility," "family child care home," and "group child care home."

In MCL 125.3102(j) defines "family child care home," and "group child care home," as being the same as defined in Child Care Organizations Act (MCL 722.111). MCL 125.3102(t) defines "state licensed residential facility" as the same as defined in two different acts, including the adult foster care facility licensing act (MCL 400.701) or the Child Care Organizations Act ((MCL 722.111).

MCL 722.111(i)(iii) reads "Family child care home" means a private home in which 1 but fewer than 7 minor children are received for care and supervision for compensation for . . . "

MCL 722.111(i)(iv) reads "Group child care home" means a private home in which more than 6 but not more than 12 minor children are given care and supervision for . . . "

Those activities would be subject to the zoning act MCL 125.3206, if the activity is outside of those definitions, then MCL 125.3206 does not apply.

You will want to pull the full copy those definitions from the state statutes and make your determination accordingly.

Thanks Kurt

Have a happy thanksgiving,

Larry