On January 15, a person who had walked away from an adult foster care facility in Wyandotte was found deceased in the Detroit River later that afternoon. According to police, the individual had been reported missing earlier in the day after leaving the facility. Authorities have stated that no foul play is suspected, and the incident remains under investigation.
Tragically, this was not an isolated event. Earlier this month, another vulnerable adult in Wayne County went missing and was later found deceased in a local river. These repeated losses raise an important and often misunderstood question:
What does Michigan law actually require adult foster care facilities to do to prevent walk-away and elopement incidents?
The answer is clear: a great deal.
Elopement Is a Known and Foreseeable Risk
Residents in adult foster care often live with cognitive impairments, mental health conditions, neurological disorders, or other limitations that can affect judgment, orientation, and safety awareness. The risk that a resident may wander or leave a facility unsupervised is not unusual—and it is not unforeseeable.
Michigan’s Adult Foster Care (AFC) rules specifically require facilities to identify behavioral and safety risks and to plan for them before tragedy occurs.
Facilities must complete a written resident assessment plan before accepting a resident. That plan must identify:
- How much supervision and protection the resident requires
- Whether the facility has the staffing, skills, and resources to meet those needs
- Whether the resident can be kept safe in that environment
Facilities are not permitted to accept or retain residents whose needs exceed what the facility can safely provide.
“Freedom of Movement” Does Not Mean Freedom From Supervision
After elopement deaths, facilities often point to resident rights, including freedom of movement. Michigan law does protect resident rights and dignity—but it does not allow facilities to abandon safety responsibilities in the name of autonomy.
Under Michigan AFC regulations:
- Residents must be treated with dignity and respect and protected and safe
- Facilities must balance resident rights with supervision and protection
- If a resident’s freedom of movement creates a serious safety risk, that risk must be addressed through planning, supervision, and staffing
Michigan law does not require facilities to choose between rights and safety. It requires both.
Behavior Interventions Must Be Planned, Staffed, and Followed
If a resident has behaviors that place them at risk—such as wandering, confusion, impulsivity, or elopement—those risks must be:
- Identified in the resident’s assessment plan
- Addressed through appropriate behavior interventions
- Implemented by trained staff who are onsite
Importantly, Michigan law defines mistreatment to include not only abuse, but also omissions that expose a resident to serious risk. Inaction, lack of supervision, or failure to implement known safety measures can violate the law.
Staffing and Training Are Not Optional
Michigan AFC rules require:
- Sufficient direct care staff at all times for supervision and protection
- Minimum staff-to-resident ratios based on facility type
- Staff who are trained in supervision, safety, emergency response, and resident rights
Facilities cannot count cooks, volunteers, or untrained individuals toward staffing ratios unless they are qualified direct care staff actively providing supervision.
When a resident is able to leave a facility unnoticed and remain missing long enough to encounter life-threatening danger, it raises serious questions about staffing levels, training, and supervision—all of which are regulated under Michigan law.
If a Facility Cannot Keep a Resident Safe, It Must Act—Not Ignore the Risk
Michigan law anticipates situations where a facility may no longer be able to safely meet a resident’s needs. In those cases, the law provides a structured, protective process:
- The facility must document the safety risk
- The facility must attempt alternatives
- The facility must provide notice and coordinate a safe transition
- Residents may not be abandoned, improperly discharged, or left without protection
Doing nothing is not an option under Michigan law.
Elopement Is a Medical and Safety Emergency
Michigan AFC regulations treat elopement as a serious incident requiring immediate action:
- Staff must conduct an immediate search
- If the resident is not found within 30 minutes, law enforcement must be contacted
- Families or designated representatives must be notified
- Incident reports must be completed and preserved for state review
These requirements exist because time matters when vulnerable adults go missing.
“No Foul Play” Does Not Mean “No Accountability”
When authorities say no foul play is suspected, that speaks to criminal intent—not regulatory compliance.
Adult foster care facilities in Michigan are governed by detailed laws designed to protect vulnerable adults. When those laws are not followed, preventable tragedies can occur even in the absence of criminal conduct.
Our Thoughts Are With the Family
Any loss of life under these circumstances is devastating. Families trust adult foster care facilities to provide supervision, protection, and care. Michigan law recognizes that trust—and imposes clear duties to safeguard vulnerable residents.
If you have concerns about elopement, supervision, or safety in an adult foster care setting, or if your loved one has been harmed after walking away from a facility, it is important to understand your rights and the facility’s legal obligations.
These tragedies should not keep happening.
Olsman MacKenzie Peacock is a Michigan-based law firm dedicated to serving individuals and families who have suffered serious injury, nursing home abuse, neglect, or wrongful death. With decades of experience litigating complex nursing home abuse and neglect cases, the firm investigates systemic failures, holds negligent facilities accountable, and fights for the full measure of justice families deserve.