March 22, 2005, Introduced by Senators JACOBS, SCHAUER, SWITALSKI, GOSCHKA, CHERRY, BASHAM, HARDIMAN, BRATER, BERNERO, BARCIA, HAMMERSTROM, PATTERSON and GEORGE and referred to the Committee on Health Policy.
A bill to amend 1973 PA 116, entitled
"An act to provide for the protection of children through the
licensing and regulation of child care organizations; to provide
for the establishment of standards of care for child care
organizations; to prescribe powers and duties of certain
departments of this state and adoption facilitators; to provide
penalties; and to repeal acts and parts of acts,"
by amending section 1 (MCL 722.111), as amended by 2002 PA 696, and
by adding section 17a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Child care organization" means a governmental or
nongovernmental organization having as its principal function the
receiving of minor children for care, maintenance, training, and
supervision, notwithstanding that educational instruction may be
given. Child care organization includes organizations commonly
described as child caring institutions, child placing agencies,
children's camps, child care centers, day care centers, nursery
schools, parent cooperative preschools, foster homes, group homes,
or day care homes. Child care organization does not include a
governmental or nongovernmental organization that does either of
the following:
(i) Provides care exclusively to minors who have been
emancipated
by court order pursuant to under section 4(3) of 1968
PA 293, MCL 722.4.
(ii) Provides care exclusively to persons
individuals who are
18 years of age or older and to minors who have been emancipated by
court
order pursuant to under section 4(3) of 1968
PA 293, MCL
722.4, at the same location.
(b) "Child caring institution" means a child care facility
that is organized for the purpose of receiving minor children for
care, maintenance, and supervision, usually on a 24-hour basis, in
buildings maintained by the child caring institution for that
purpose, and operates throughout the year. An educational program
may be provided, but the educational program shall not be the
primary purpose of the facility. Child caring institution includes
a maternity home for the care of unmarried mothers who are minors
and an agency group home, that is described as a small child caring
institution owned, leased, or rented by a licensed agency providing
care for more than 4 but less than 13 minor children. Child caring
institution also includes institutions for mentally retarded or
emotionally disturbed minor children. Child caring institution does
not include a hospital, nursing home, or home for the aged licensed
under article 17 of the public health code, 1978 PA 368, MCL
333.20101 to 333.22260, a boarding school licensed under section
1335 of the revised school code, 1976 PA 451, MCL 380.1335, a
hospital or facility operated by the state or licensed under the
mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, or an
adult foster care family home or an adult foster care small group
home licensed under the adult foster care facility licensing act,
1979 PA 218, MCL 400.701 to 400.737, in which a child has been
placed pursuant to section 5(6).
(c) "Child placing agency" means a governmental organization
or
an agency organized pursuant to under the nonprofit
corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, for the
purpose of receiving children for placement in private family homes
for foster care or for adoption. The function of a child placing
agency may include investigating applicants for adoption and
investigating and certifying foster family homes and foster family
group homes as provided in this act. The function of a child
placing agency may also include supervising children who are 16 or
17 years of age and who are living in unlicensed residences as
provided in section 5(4).
(d) "Children's camp" means a residential, day, troop, or
travel
camp conducted in a natural environment for
more than 4
school-age children, apart from the children's parents, relatives,
or
legal guardians. , for 5 or more days in a 14-day period. A
children's camp provides care and supervision for the same group of
children for usually not more than 12 weeks.
(e) "Child care center" or "day care center" means a facility,
other than a private residence, receiving 1 or more preschool or
school-age children for care for periods of less than 24 hours a
day, and where the parents or guardians are not immediately
available to the child. Child care center or day care center
includes a facility that provides care for not less than 2
consecutive weeks, regardless of the number of hours of care per
day. The facility is generally described as a child care center,
day care center, day nursery, nursery school, parent cooperative
preschool, play group, or drop-in center. Child care center or day
care center does not include any of the following:
(i) A Sunday school, a vacation bible school, or a religious
instructional class that is conducted by a religious organization
where children are attending for not more than 3 hours per day for
an indefinite period or for not more than 8 hours per day for a
period not to exceed 4 weeks during a 12-month period.
(ii) A facility operated by a religious organization where
children
are cared that provides
child care for not more than 3
hours
while persons individuals responsible for
the children are
attending religious services.
(iii) Beginning July 1, 2003, a facility or program for school-
age children that is operated at a school by a public school or by
a person or entity with whom a public school contracts for
services, in accordance with section 1285a(2) of the revised school
code, 1976 PA 451, MCL 380.1285a, if that facility or program has
been granted an exemption under subsection (2).
(f) "Private home" means a private residence in which the
licensee or registrant permanently resides as a member of the
household, which residency is not contingent upon caring for
children or employment by a licensed or approved child placing
agency. Private home includes a full-time foster family home, a
full-time foster family group home, a group day care home, or a
family day care home, as follows:
(i) "Foster family home" is a private home in which 1 but not
more than 4 minor children, who are not related to an adult member
of the household by blood or marriage, or who are not placed in the
household pursuant
to under the Michigan adoption code, chapter X
of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, are
given care and supervision for 24 hours a day, for 4 or more days a
week, for 2 or more consecutive weeks, unattended by a parent or
legal guardian.
(ii) "Foster family group home" means a private home in which
more than 4 but fewer than 7 minor children, who are not related to
an adult member of the household by blood or marriage, or who are
not
placed in the household pursuant to under the Michigan
adoption code, chapter X of the probate code of 1939, 1939 PA 288,
MCL 710.21 to 710.70, are provided care for 24 hours a day, for 4
or more days a week, for 2 or more consecutive weeks, unattended by
a parent or legal guardian.
(iii) "Family day care home" means a private home in which 1 but
fewer than 7 minor children are received for care and supervision
for periods of less than 24 hours a day, unattended by a parent or
legal guardian, except children related to an adult member of the
family by blood, marriage, or adoption. Family day care home
includes a home in which care is given to an unrelated minor child
for more than 4 weeks during a calendar year.
(iv) "Group day care home" means a private home in which more
than 6 but not more than 12 minor children are given care and
supervision for periods of less than 24 hours a day unattended by a
parent or legal guardian, except children related to an adult
member of the family by blood, marriage, or adoption. Group day
care home includes a home in which care is given to an unrelated
minor child for more than 4 weeks during a calendar year.
(g) "Licensee" means a person, partnership, firm, corporation,
association, nongovernmental organization, or local or state
government child care organization that has been issued a license
under this act to operate a child care organization.
(h) "Provisional license" means a license issued under this
act to a child care organization that is temporarily unable to
conform to all of the rules promulgated under this act.
(i) "Regular license" means a license issued to a child care
organization indicating that the organization is in compliance with
all rules promulgated under this act.
(j) "Guardian" means the guardian of the person.
(k) "Minor child" means any of the following:
(i) A person An individual less than 18
years of age.
(ii) A person An individual who is a
resident in a child
caring institution, children's camp, foster family home, or foster
family group home; who becomes 18 years of age while residing in
the child caring institution, children's camp, foster family home,
or foster family group home; and who continues residing in the
child caring institution, children's camp, foster family home, or
foster family group home to receive care, maintenance, training,
and
supervision. However, a A minor child under this
subparagraph
does
not include a person an individual 18 years of
age or older
who is placed in a child caring institution, foster family home, or
foster
family group home pursuant to under an adjudication under
section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.2, or section 1 of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.1. This subparagraph applies only
if the number of those residents who become 18 years of age does
not exceed the following:
(A) Two, if the total number of residents is 10 or fewer.
(B) Three, if the total number of residents is not less than
11 and not more than 14.
(C) Four, if the total number of residents is not less than 15
and not more than 20.
(D) Five, if the total number of residents is 21 or more.
(iii) A person An individual 18 years of
age or older who is
placed in a foster family home under section 5(7).
(l) "Registrant" means a person who has been issued a
certificate of registration under this act to operate a family day
care home.
(m) "Registration" means the process by which the department
of consumer and industry services regulates family day care homes,
and includes the requirement that a family day care home certify to
the department that the family day care home has complied with and
will continue to comply with the rules promulgated under this act.
(n) "Certificate of registration" means a written document
issued under this act to a family day care home through
registration.
(o) "Related" means a parent, grandparent, brother, sister,
stepparent, stepsister, stepbrother, uncle, aunt, cousin, great
aunt, great uncle, or stepgrandparent related by marriage, blood,
or adoption.
(p) "Religious organization" means church, ecclesiastical
corporation, or group, not organized for pecuniary profit, that
gathers for mutual support and edification in piety or worship of a
supreme deity.
(2) A facility or program for school-age children that is
operated at a school by a public school or by a person or entity
with whom a public school contracts for services and that has been
in operation and approved for a minimum of 4 years may apply to the
department of consumer and industry services to be exempt from this
act. The department of consumer and industry services shall respond
to a facility or program requesting exemption under this subsection
within 45 days from the date the completed application is received.
The department of consumer and industry services may exempt from
this act a facility or program that meets all of the following
criteria:
(a) The facility or program has been in operation and approved
for a minimum of 4 years before the application date.
(b) During the 4 years before the application date, the
facility or program has not had a substantial violation of this
act, rules promulgated under this act, or the terms of an approval
under this act.
(c) The school board or board of directors adopts a resolution
supporting the application for exemption described in this
subsection.
Sec. 17a. (1) If the conditions prescribed in subsection (2)
are met, notwithstanding any children's camp policy to the
contrary, a minor child may possess and use 1 or more of the
following at the children's camp, on camp-sponsored transportation,
or at any activity, event, or program sponsored by the children's
camp or in which the minor child is participating:
(a) A metered dose inhaler or a dry powder inhaler to
alleviate asthmatic symptoms or for use before exercise to prevent
the onset of asthmatic symptoms.
(b) An epinephrine auto-injector or epinephrine inhaler to
treat anaphylaxis.
(2) Subsection (1) applies to a minor child if all of the
following conditions are met:
(a) The minor child has written approval to possess and use
the inhaler or epinephrine auto-injector as described in subsection
(1) from the minor child's physician or other health care provider
authorized by law to prescribe an inhaler or epinephrine auto-
injector and from the minor child's parent or legal guardian.
(b) The director or other chief administrator of the minor
child's camp has received a copy of each written approval required
under subdivision (a) for the minor child.
(c) There is on file at the children's camp a written
emergency care plan that contains specific instructions for the
minor child's needs, that is prepared by a physician licensed in
this state in collaboration with the minor child and the minor
child's parent or legal guardian, and that is updated as necessary
for changing circumstances.
(3) A children's camp or an owner, director, or employee of a
children's camp is not liable for damages in a civil action for
injury, death, or loss to person or property allegedly arising from
either of the following:
(a) An employee of the children's camp having prohibited a
minor child from using an inhaler or epinephrine auto-injector
because of the employee's reasonable belief, formed after a
reasonable and ordinary inquiry, that the conditions prescribed in
subsection (2) had not been satisfied.
(b) An employee of the children's camp having permitted a
minor child to use or possess an inhaler or epinephrine auto-
injector because of the employee's reasonable belief, formed after
a reasonable and ordinary inquiry, that the conditions prescribed
in subsection (2) had been satisfied.
(4) This section does not eliminate, limit, or reduce any
other immunity or defense that a camp or an owner, director, or
employee of a camp may have under other state law.
(5) A children's camp may request a minor child's parent or
legal guardian to provide an extra inhaler or epinephrine auto-
injector to designated camp personnel for use in case of emergency.
A parent or legal guardian is not required to provide an extra
inhaler or epinephrine auto-injector to camp personnel.
(6) A director or other chief administrator of a children's
camp who is aware that a minor child possesses an inhaler or
epinephrine auto-injector as authorized under this section shall
notify each camp employee who supervises the minor child of that
fact and of the provisions of this act.