Michigan Residential Care Ass'n v. Department of Social Services, Docket No. 151579
| Court | Court of Appeal of Michigan (US) |
| Writing for the Court | MURPHY |
| Citation | 526 N.W.2d 9,207 Mich.App. 373 |
| Decision Date | 07 November 1994 |
| Docket Number | Docket No. 151579 |
| Parties | MICHIGAN RESIDENTIAL CARE ASSOCIATION, Coleman Foundation, Inc., and Ren Cen Development Services, Inc., Petitioners-Appellees, v. DEPARTMENT OF SOCIAL SERVICES, Respondent-Appellant. |
Page 9
Inc., and Ren Cen Development Services, Inc.,
Petitioners-Appellees,
v.
DEPARTMENT OF SOCIAL SERVICES, Respondent-Appellant.
Decided Nov. 7, 1994, at 9:15 a.m.
Released for Publication Jan. 24, 1995.
Page 10
Frank J. Kelley, Atty. Gen., Thomas L. [207 Mich.App. 374] Casey, Sol. Gen., and Robert S. Welliver, Asst. Atty. Gen., for the Dept. of Social Services.
Hale, Stein, Fosdick, Murphy & Associates, P.C. by Mark W. Fosdick and Kathleen M. Murphy, Livonia, for petitioners.
Before MURPHY, P.J., and HOOD and EDWARDS, * JJ.
MURPHY, Presiding Judge.
Respondent Department of Social Services appeals as of right from a declaratory judgment. We affirm.
The issue is whether an adult foster care facility or the DSS must pay for health and sanitation inspections performed pursuant to § 11(1) of the Adult Foster Care Facility Licensing Act (AFCFLA), MCL 400.711(1); MSA 16.610(61)(1). 1 Section 11(1) of the AFCFLA provides that a health and sanitation inspection of an adult foster care facility shall be conducted upon the request of the DSS by DSS staff, the Department of Public Health (DPH), or a local health department. However, the statute is silent about whether the DSS or the adult foster care facility must pay for the inspection.
Before fiscal year 1990-91, the Legislature appropriated money in the DPH budget to pay for inspections requested by the DSS under § 11(1). Evidently, after the Legislature did not appropriate any money in the DPH budget for the inspections in fiscal year 1990-91, the DSS announced that the adult foster care facilities would be required to pay for health and sanitation inspections themselves. [207 Mich.App. 375] Petitioners, two adult foster care facilities and a nonprofit association of adult foster care facility owners and operators, subsequently requested that respondent issue a declaratory ruling pursuant to § 63 of the Administrative Procedures Act, M.C.L. § 24.263; M.S.A. § 3.560(163). In effect, petitioners sought a ruling that respondent could not require petitioners to pay for health and sanitation inspections performed pursuant to § 11(1). When respondent refused to issue a declaratory ruling, petitioners filed a suit in the circuit court seeking a declaration that § 11(1) of the AFCFLA required the DSS to request health and sanitation inspections and that the DSS did not have authority to refuse to issue or renew a license if the respondent did not request a health and sanitation inspection or perform such an inspection itself.
The circuit court ruled that § 11(1) required respondent to request the DPH or a local health department to perform health and sanitation inspections of adult foster care facilities or to perform such inspections itself. In addition, the circuit court ruled that respondent was not authorized to require adult foster care licensees to request and pay for health...
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People v. Woolfolk, Docket No. 312056.
...we are mindful that our proper role is to interpret, not to make, the law. See Mich. Residential Care Ass'n v. Dep't of Social Servs., 207 Mich.App. 373, 377, 526 N.W.2d 9 (1994). We also note that defendant does not specifically argue that this Court should abrogate the common law by adopt......
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Farris ex rel. Farris v. McKaig, No. 337366
...("It is for the court to declare what the law is—not to make it."); see also Mich. Residential Care Ass'n v. Dep't of Social Servs. , 207 Mich. App. 373, 377, 526 N.W.2d 9 (1994) ("The constitutional duty of courts is to interpret and apply the law, not to enact laws.").4 We note that judic......
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People v. Anderson, No. 343272
...ultimately, however, it is for the courts to interpret and apply the law. See Mich. Residential Care Ass'n v. Dep't of Social Servs. , 207 Mich. App. 373, 377, 526 N.W.2d 9 (1994). The fact that the GRHV treated the location sheets as if they were not medical records has little bearing on o......
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Hottmann v. Hottmann, Docket No. 190028
...v. Manistee Co. Bd. of Comm'rs, 389 Mich. 287, 302, 205 N.W.2d 441 (1973); Michigan Residential Care Ass'n v. Dep't of Social Services, 207 Mich.App. 373, 377, 526 N.W.2d 9 We therefore find that the trial court did not abuse its discretion in ruling that the MIOSHA regulations are inadmiss......
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People v. Woolfolk, Docket No. 312056.
...we are mindful that our proper role is to interpret, not to make, the law. See Mich. Residential Care Ass'n v. Dep't of Social Servs., 207 Mich.App. 373, 377, 526 N.W.2d 9 (1994). We also note that defendant does not specifically argue that this Court should abrogate the common law by adopt......
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Farris ex rel. Farris v. McKaig, No. 337366
...("It is for the court to declare what the law is—not to make it."); see also Mich. Residential Care Ass'n v. Dep't of Social Servs. , 207 Mich. App. 373, 377, 526 N.W.2d 9 (1994) ("The constitutional duty of courts is to interpret and apply the law, not to enact laws.").4 We note that judic......
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People v. Anderson, No. 343272
...ultimately, however, it is for the courts to interpret and apply the law. See Mich. Residential Care Ass'n v. Dep't of Social Servs. , 207 Mich. App. 373, 377, 526 N.W.2d 9 (1994). The fact that the GRHV treated the location sheets as if they were not medical records has little bearing on o......
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Hottmann v. Hottmann, Docket No. 190028
...v. Manistee Co. Bd. of Comm'rs, 389 Mich. 287, 302, 205 N.W.2d 441 (1973); Michigan Residential Care Ass'n v. Dep't of Social Services, 207 Mich.App. 373, 377, 526 N.W.2d 9 We therefore find that the trial court did not abuse its discretion in ruling that the MIOSHA regulations are inadmiss......