SB-0241, As Passed Senate, December 13, 2007

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 241

 

 

 

 

 

 

 

 

 

     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 sections 1, 2a, 2b, 3c, 3d, 3e, 5, 5f, 5g, 9a, and 11b

 

(MCL 722.111, 722.112a, 722.112b, 722.113c, 722.113d, 722.113e,

 

722.115, 722.115f, 722.115g, 722.119a, and 722.121b), section 1 as

 

amended by 2005 PA 202, section 2a as amended by 1998 PA 440,

 

section 2b as added by 2004 PA 531, section 3c as added by 1993 PA

 

219, section 3d as added by 1993 PA 218, section 3e as added by

 

2002 PA 717, sections 5 and 5f as amended by 2006 PA 580, section

 

5g as added by 2005 PA 128, section 9a as amended by 2004 PA 315,

 

and section 11b as added by 2002 PA 645.

 

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, children's campsites, children's therapeutic

 

group homes, child care centers, day care centers, nursery schools,

 

parent cooperative preschools, foster homes, group homes, or day

 

child 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 under section 4(3) of 1968 PA 293, MCL

 

722.4.

 

     (ii) Provides care exclusively to persons who are 18 years of

 

age or older and to minors who have been emancipated by court order

 

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 under section 5(6).

 

     (c) "Child placing agency" means a governmental organization

 

or an agency organized 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 that provides care and supervision and is conducted in


 

a natural environment for more than 4 children, apart from the

 

children's parents, relatives, or legal guardians, for 5 or more

 

days in a 14-day period.

 

     (e) "Children's campsite" means the outdoor setting where a

 

children's residential or day camp is located.

 

     (f) "Children's therapeutic group home" means a child caring

 

institution receiving not more than 6 minor children who are

 

diagnosed with a developmental disability as defined in section

 

100a of the mental health code, 1974 PA 258, MCL 330.1100a, or a

 

serious emotional disturbance as defined in section 100d of the

 

mental health code, 1974 PA 258, MCL 330.1100d. A children's

 

therapeutic group home meets all of the following requirements:

 

     (i) Provides care, maintenance, and supervision, usually on a

 

24-hour basis.

 

     (ii) Complies with the rules for child caring institutions,

 

except that behavior management rooms, personal restraint,

 

mechanical restraint, or seclusion which is allowed in certain

 

circumstances under licensing rules are prohibited in a children's

 

therapeutic group home.

 

     (iii) Is not a private home.

 

     (iv) Is not located on a campus with other licensed facilities.

 

     (g) (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, before- or after-school program, 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 in the religious organization's care for not

 

more than 3 hours while persons responsible for the children are

 

attending religious services.

 

     (iii) A program that is primarily supervised, school-age-child-

 

focused training in a specific subject, including, but not limited

 

to, dancing, drama, music, or religion. This exclusion applies only

 

to the time a child is involved in supervised, school-age-child-

 

focused training.

 

     (iv) A program that is primarily an incident of group athletic

 

or social activities for school-age children sponsored by or under

 

the supervision of an organized club or hobby group, including, but

 

not limited to, youth clubs, scouting, and school-age recreational

 

or supplementary education programs. This exclusion applies only to

 

the time the school-age child is engaged in the group athletic or

 

social activities and if the school-age child can come and go at


 

will.

 

     (h) "Department" means the department of human services or a

 

successor agency or department responsible for licensure and

 

registration under this act.

 

     (i) (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 child care home, or

 

a family day child 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 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, or legal custodian.

 

     (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 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, or legal custodian.


 

     (iii) "Family day child 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

 

child 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 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 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

 

child care home includes a home in which care is given to an

 

unrelated minor child for more than 4 weeks during a calendar year.

 

     (j) "Legal custodian" means an individual who is at least 18

 

years of age in whose care a minor child remains or is placed after

 

a court makes a finding under section 13a(5) of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.13a.

 

     (k) (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.

 

     (l) (h) "Provisional license" means a license issued to a child

 

care organization that is temporarily unable to conform to all of

 

the rules promulgated under this act.

 

     (m) (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.

 

     (n) (j) "Guardian" means the guardian of the person.

 

     (o) (k) "Minor child" means any of the following:

 

     (i) A person less than 18 years of age.

 

     (ii) A person 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 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 18 years of age or older who is placed in a


 

foster family home under section 5(7).

 

     (p) (l) "Registrant" means a person who has been issued a

 

certificate of registration under this act to operate a family day

 

child care home.

 

     (q) (m) "Registration" means the process by which the

 

department of human services regulates family day child care homes,

 

and includes the requirement that a family day child care home

 

certify to the department of human services that the family day

 

child care home has complied with and will continue to comply with

 

the rules promulgated under this act.

 

     (r) (n) "Certificate of registration" means a written document

 

issued under this act to a family day child care home through

 

registration.

 

     (s) (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.

 

     (t) (p) "Religious organization" means a 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.

 

     (u) (q) "School-age child" means a child who is eligible to be

 

enrolled in a grade of kindergarten or above, but is less than 13

 

years of age.

 

     (2) A facility or program for school-age children that is

 

currently operated and has been in operation and licensed or

 

approved as provided in this act for a minimum of 2 years may apply


 

to the department of human services to be exempt from inspections

 

and on-site visits required under section 5. The department of

 

human services shall respond to a facility or program requesting

 

exemption from inspections and on-site visits required under

 

section 5 as provided under this subsection within 45 days from the

 

date the completed application is received. The department of human

 

services may grant exemption from inspections and on-site visits

 

required under section 5 to a facility or program that meets all of

 

the following criteria:

 

     (a) The facility or program has been in operation and licensed

 

or approved under this act for a minimum of 2 years before

 

immediately preceding the application date.

 

     (b) During the 2 years before immediately preceding 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 a licensure or an approval under this act.

 

     (c) The school board, board of directors, or governing body

 

adopts a resolution supporting the application for exemption from

 

inspections and on-site visits required under section 5 as provided

 

for in this subsection.

 

     (3) A facility or program granted exemption from inspections

 

and on-site visits required under section 5 as provided for under

 

subsection (2) is required to maintain status as a licensed or

 

approved program under this act and must continue to meet the

 

requirements of this act, the rules promulgated under this act, or

 

the terms of a license or approval under this act. A facility or

 

program granted exemption from inspections and on-site visits


 

required under section 5 as provided for under subsection (2) is

 

subject to an investigation by the department of human services

 

when if a violation of this act or a violation of a rule

 

promulgated under this act is alleged.

 

     (4) A facility or program granted exemption from inspections

 

and on-site visits required under section 5 as provided for under

 

subsection (2) is not subject to interim or annual licensing

 

reviews. A facility or program granted exemption from inspections

 

and on-site visits required under section 5 as provided for under

 

subsection (2) is required to submit documentation annually

 

demonstrating compliance with the requirements of this act, the

 

rules promulgated under this act, or the terms of a license or

 

approval under this act.

 

     (5) An exemption provided under subsection (2) may be

 

rescinded by the department of human services if the facility or

 

program willfully and substantially violates this act, the rules

 

promulgated under this act, or the terms of a license or approval

 

granted under this act.

 

     Sec. 2a. (1) A child caring institution, child care center, or

 

group day child care home shall have on duty at all times while the

 

institution, center, or home is providing care to 1 or more

 

children at least 1 person who has been certified within the

 

preceding 36 months in first aid and within the preceding 12 months

 

in age-appropriate cardiopulmonary resuscitation by the American

 

red cross, the American heart association, or an equivalent

 

organization or institution approved by the department.

 

     (2) Section 15 does not apply to this section.


 

     Sec. 2b. (1) As used in this section and sections 2c, 2d, and

 

2e, unless the context requires otherwise:

 

     (a) "Adaptive device" means a mechanical device incorporated

 

in the individual plan of services that is intended to provide

 

anatomical support or to assist the minor child with adaptive

 

skills.

 

     (b) "Chemical restraint" means a drug that meets all of the

 

following criteria:

 

     (i) Is administered to manage a minor child's behavior in a way

 

that reduces the safety risk to the minor child or others.

 

     (ii) Has the temporary effect of restricting the minor child's

 

freedom of movement.

 

     (iii) Is not a standard treatment for the minor child's medical

 

or psychiatric condition.

 

     (c) "Emergency safety intervention" means use of personal

 

restraint or seclusion as an immediate response to an emergency

 

safety situation.

 

     (d) "Emergency safety situation" means the onset of an

 

unanticipated, severely aggressive, or destructive behavior that

 

places the minor child or others at serious threat of violence or

 

injury if no intervention occurs and that calls for an emergency

 

safety intervention.

 

     (e) "Individual plan of services" means that term as defined

 

in section 100b of the mental health code, 1974 PA 258, MCL

 

330.1100b.

 

     (f) "Licensed practitioner" means an individual who has been

 

trained in the use of personal restraint and seclusion, who is


 

knowledgeable of the risks inherent in the implementation of

 

personal restraint and seclusion, and who is 1 of the following:

 

     (i) A physician licensed under article 15 of the public health

 

code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (ii) An individual who has been issued a specialty

 

certification as a nurse practitioner under article 15 of the

 

public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (iii) A physician's assistant licensed under article 15 of the

 

public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (iv) A registered nurse licensed under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (v) A psychologist and a limited licensed psychologist

 

licensed under article 15 of the public health code, 1978 PA 368,

 

MCL 333.16101 to 333.18838.

 

     (vi) A counselor and a limited licensed counselor licensed

 

under article 15 of the public health code, 1978 PA 368, MCL

 

333.16101 to 333.18838.

 

     (vii) Until July 1, 2005, a certified social worker registered

 

under article 15 of the public health code, 1978 PA 368, MCL

 

333.16101 to 333.18838. Beginning July 1, 2005, a A licensed

 

master's social worker licensed under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (g) "Mechanical restraint" means a device attached or adjacent

 

to the minor child's body that he or she cannot easily remove and

 

that restricts freedom of movement or normal access to his or her

 

body. Mechanical restraint does not include the use of a protective

 

or adaptive device or a device primarily intended to provide


 

anatomical support. Mechanical restraint does not include use of a

 

mechanical device to ensure security precautions appropriate to the

 

condition and circumstances of a minor child placed in the child

 

caring institution as a result of an order of the family division

 

of circuit court under section 2(a) of chapter XIIA of the probate

 

code of 1939, 1939 PA 288, MCL 712A.2.

 

     (h) "Personal restraint" means the application of physical

 

force without the use of a device, for the purpose of restraining

 

the free movement of a minor child's body. Personal restraint does

 

not include:

 

     (i) The use of a protective or adaptive device.

 

     (ii) Briefly holding a minor child without undue force in order

 

to calm or comfort him or her.

 

     (iii) Holding a minor child's hand, wrist, shoulder, or arm to

 

safely escort him or her from 1 area to another.

 

     (iv) The use of a protective or adaptive device or a device

 

primarily intended to provide anatomical support.

 

     (i) "Protective device" means an individually fabricated

 

mechanical device or physical barrier, the use of which is

 

incorporated in the individualized written plan of service. The use

 

of a protective device is intended to prevent the minor child from

 

causing serious self-injury associated with documented, frequent,

 

and unavoidable hazardous events.

 

     (j) "Seclusion" means the involuntary placement of a minor

 

child in a room alone, where the minor child is prevented from

 

exiting by any means, including the physical presence of a staff

 

person if the sole purpose of that staff person's presence is to


 

prevent the minor child from exiting the room. Seclusion does not

 

include the use of a sleeping room during regular sleeping hours to

 

ensure security precautions appropriate to the condition and

 

circumstances of a minor child placed in the child caring

 

institution as a result of an order of the family division of

 

circuit court under section 2(a) and (b) of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.2, if the minor child's

 

individual case treatment plan indicates that the security

 

precautions would be in the minor child's best interest.

 

     (k) "Serious injury" means any significant impairment of the

 

physical condition of the minor child as determined by qualified

 

medical personnel that results from an emergency safety

 

intervention. This includes, but is not limited to, burns,

 

lacerations, bone fractures, substantial hematoma, and injuries to

 

internal organs, whether self-inflicted or inflicted by someone

 

else.

 

     (2) The provisions of this section and sections 2c, 2d, and 2e

 

only apply to a child caring institution that contracts with or

 

receives payment from a community mental health services program or

 

prepaid inpatient health plan for the care, treatment, maintenance,

 

and supervision of a minor child in that child caring institution.

 

     Sec. 3c. (1) An individual shall not smoke on the premises of

 

a family day child care home during the hours of operation of the

 

family day child care home. The operator of a family day child care

 

home may permit smoking on the premises during a period other than

 

the hours of operation of that family day child care home if the

 

operator has provided to a parent or legal guardian of each child


 

participating in a family day child care home activity notice that

 

smoking on the premises occurs or may occur when the family day

 

child care home is not in operation.

 

     (2) As used in this section and section 3d:

 

     (a) "Child" means an individual less than 18 years of age who

 

is not related to an adult member of the family day child care home

 

or group day child care home operator.

 

     (b) "Smoke" and "smoking" mean those terms as defined in

 

section 12601 of the public health code, Act No. 368 of the Public

 

Acts of 1978, being section 333.12601 of the Michigan Compiled Laws

 

1978 PA 368, MCL 333.12601.

 

     Sec. 3d. (1) An individual shall not smoke on the premises of

 

a group day child care home during the hours of operation of the

 

group day child care home. The operator of a group day child care

 

home shall conspicuously post on the premises a notice which that

 

specifies that smoking on the premises is prohibited during the

 

hours of operation of the group day child care home.

 

     (2) A group day child care home operator may permit smoking on

 

the premises during a period other than the hours of operation of

 

that group day child care home if the operator has provided to a

 

parent or legal guardian of each child participating in a group day

 

child care home activity notice that smoking on the premises occurs

 

or may occur when the group day child care home is not in

 

operation.

 

     (3) As used in this section:

 

     (a) "Child" means an individual less than 18 years of age who

 

is not related to an adult member of the group day care home


 

operator's family.

 

     (b) "Smoke" and "smoking" mean those terms as defined in

 

section 12601 of the public health code, Act No. 368 of the Public

 

Acts of 1978, being section 333.12601 of the Michigan Compiled

 

Laws.

 

     Sec. 3e. The operator of a child care center or child caring

 

institution shall conspicuously post on the premises a notice

 

stating whether or not that child care center or child caring

 

institution requires a criminal history check on its employees or

 

volunteers. The department of consumer and industry services shall

 

promulgate rules to implement this section pursuant to under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     Sec. 5. (1) A person, partnership, firm, corporation,

 

association, or nongovernmental organization shall not establish or

 

maintain a child care organization unless licensed or registered by

 

the department. Application for a license or certificate of

 

registration shall be made on forms provided, and in the manner

 

prescribed, by the department. Before issuing or renewing a

 

license, the department shall investigate the applicant's

 

activities and proposed standards of care and shall make an on-site

 

visit of the proposed or established organization. If the

 

department is satisfied as to the need for a child care

 

organization, its financial stability, the applicant's good moral

 

character, and that the services and facilities are conducive to

 

the welfare of the children, the department shall issue or renew

 

the license. If a county juvenile agency as defined in section 2 of


 

the county juvenile agency act, 1998 PA 518, MCL 45.622, certifies

 

to the department that it intends to contract with an applicant for

 

a new license, the department shall issue or deny the license

 

within 60 days after it receives a complete application as provided

 

in section 5b.

 

     (2) The department shall issue a certificate of registration

 

to a person who has successfully completed an orientation session

 

offered by the department and who certifies to the department that

 

the family day child care home has complied with and will continue

 

to comply with the rules promulgated under this act and will

 

provide services and facilities, as determined by the department,

 

conducive to the welfare of children. The department shall make

 

available to applicants for registration an orientation session to

 

applicants for registration regarding this act, the rules

 

promulgated under this act, and the needs of children in family day

 

child care before issuing a certificate of registration. The

 

department shall issue a certificate of registration to a specific

 

person at a specific location. A certificate of registration is

 

nontransferable and remains the property of the department. Within

 

90 days after initial registration, the department shall make an

 

on-site visit of the family day child care home.

 

     (3) The department may authorize a licensed child placing

 

agency or an approved governmental unit to investigate a foster

 

family home or a foster family group home according to subsection

 

(1) and to certify that the foster family home or foster family

 

group home meets the licensing requirements prescribed by this act.

 

Before certifying to the department that a foster family home or


 

foster family group home meets the licensing requirements

 

prescribed by this act, the licensed child placing agency or

 

approved governmental unit shall receive and review a medical

 

statement for each member of the household indicating that he or

 

she does not have a known condition that would affect the care of a

 

foster child. The medical statement required under this section

 

shall be signed and dated by a physician licensed under article 15

 

of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,

 

a physician's assistant licensed under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838, or a

 

certified nurse practitioner licensed as a registered professional

 

nurse under part 172 of the public health code, 1978 PA 368, MCL

 

333.17201 to 333.17242, who has been issued a specialty

 

certification as a nurse practitioner by the board of nursing under

 

section 17210 of the public health code, 1978 PA 368, MCL

 

333.17210, within the 12 months immediately preceding the date of

 

the initial evaluation. This subsection does not require new or

 

additional third party reimbursement or worker's compensation

 

benefits for services rendered. A foster family home or a foster

 

family group home shall be certified for licensing by the

 

department by only 1 child placing agency or approved governmental

 

unit. Other child placing agencies may place children in a foster

 

family home or foster family group home only upon the approval of

 

the certifying agency or governmental unit.

 

     (4) The department may authorize a licensed child placing

 

agency or an approved governmental unit to place a child who is 16

 

or 17 years of age in his or her own unlicensed residence, or in


 

the unlicensed residence of an adult who has no supervisory

 

responsibility for the child, if a child placing agency or

 

governmental unit retains supervisory responsibility for the child.

 

     (5) A licensed child placing agency, child caring institution,

 

and an approved governmental unit shall provide the state court

 

administrative office and a local foster care review board

 

established under 1984 PA 422, MCL 722.131 to 722.139a, those

 

records requested pertaining to children in foster care placement

 

for more than 6 months.

 

     (6) The department may authorize a licensed child placing

 

agency or an approved governmental unit to place a child who is 16

 

or 17 years old in 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, if a

 

licensed child placing agency or approved governmental unit retains

 

supervisory responsibility for the child and certifies to the

 

department all of the following:

 

     (a) The placement is in the best interests of the child.

 

     (b) The child's needs can be adequately met by the adult

 

foster care family home or small group home.

 

     (c) The child will be compatible with other residents of the

 

adult foster care family home or small group home.

 

     (d) The child placing agency or approved governmental unit

 

will periodically reevaluate the placement of a child under this

 

subsection to determine that the criteria for placement in

 

subdivisions (a) through (c) continue to be met.

 

     (7) On an exception basis, the director of the department, or


 

his or her designee, may authorize a licensed child placing agency

 

or an approved governmental unit to place an adult in a foster

 

family home if a licensed child placing agency or approved

 

governmental unit certifies to the department all of the following:

 

     (a) The adult is a person with a developmental disability as

 

defined by section 100a of the mental health code, 1974 PA 258, MCL

 

330.1100a, or a person who is otherwise neurologically disabled and

 

is also physically limited to a degree that requires complete

 

physical assistance with mobility and activities of daily living.

 

     (b) The placement is in the best interests of the adult and

 

will not adversely affect the interests of the foster child or

 

children residing in the foster family home.

 

     (c) The identified needs of the adult can be met by the foster

 

family home.

 

     (d) The adult will be compatible with other residents of the

 

foster family home.

 

     (e) The child placing agency or approved governmental unit

 

will periodically reevaluate the placement of an adult under this

 

subsection to determine that the criteria for placement in

 

subdivisions (a) through (d) continue to be met and document that

 

the adult is receiving care consistent with the administrative

 

rules for a child placing agency.

 

     (8) On an exception basis, the director of the department, or

 

his or her designee, may authorize a licensed child placing agency

 

or an approved governmental unit to place a child in 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, if the licensed child placing

 

agency or approved governmental unit certifies to the department

 

all of the following:

 

     (a) The placement is in the best interests of the child.

 

     (b) The placement has the concurrence of the parent or

 

guardian of the child.

 

     (c) The identified needs of the child can be met adequately by

 

the adult foster care family home or small group home.

 

     (d) The child's psychosocial and clinical needs are compatible

 

with those of other residents of the adult foster care family home

 

or small group home.

 

     (e) The clinical treatment of the child's condition is similar

 

to that of the other residents of the adult foster care family home

 

or small group home.

 

     (f) The child's cognitive level is consistent with the

 

cognitive level of the other residents of the adult foster care

 

family home or small group home.

 

     (g) The child is neurologically disabled and is also

 

physically limited to such a degree as to require complete physical

 

assistance with mobility and activities of daily living.

 

     (h) The child placing agency or approved governmental unit

 

will periodically reevaluate the placement of a child under this

 

subsection to determine that the criteria for placement in

 

subdivisions (a) to (g) continue to be met.

 

     (9) Beginning October 1, 2007, except as provided in

 

subsection (1) and section 5b, the department shall issue an

 

initial or renewal license or registration under this act for child


 

care centers, group day child care homes, and family day child care

 

homes not later than 6 months after the applicant files a completed

 

application. Receipt of the application is considered the date the

 

application is received by any agency or department of this state.

 

If the application is considered incomplete by the department, the

 

department shall notify the applicant in writing or make notice

 

electronically available within 30 days after receipt of the

 

incomplete application, describing the deficiency and requesting

 

additional information. This subsection does not affect the time

 

period within which an on-site visit to a family day child care

 

home shall be made. If the department identifies a deficiency or

 

requires the fulfillment of a corrective action plan, the 6-month

 

period is tolled until either of the following occurs:

 

     (a) Upon notification by the department of a deficiency, until

 

the date the requested information is received by the department.

 

     (b) Upon notification by the department that a corrective

 

action plan is required, until the date the department determines

 

the requirements of the corrective action plan have been met.

 

     (10) The determination of the completeness of an application

 

is not an approval of the application for the license and does not

 

confer eligibility on an applicant determined otherwise ineligible

 

for issuance of a license.

 

     (11) Except as provided in subsection (1) and section 5b, if

 

the department fails to issue or deny a license or registration to

 

a child care center, group day child care home, or family day child

 

care home within the time required by this section, the department

 

shall return the license or registration fee and shall reduce the


 

license or registration fee for the applicant's next renewal

 

application, if any, by 15%. Failure to issue or deny a license to

 

a child care center, group day child care home, or family day child

 

care home within the time period required under this section does

 

not allow the department to otherwise delay the processing of the

 

application. A completed application shall be placed in sequence

 

with other completed applications received at that same time. The

 

department shall not discriminate against an applicant in the

 

processing of an application based on the fact that the application

 

fee was refunded or discounted under this subsection.

 

     (12) If, on a continual basis, inspections performed by a

 

local health department delay the department in issuing or denying

 

licenses or registrations for child care centers, group day child

 

care homes, and family day child care homes under this act within

 

the 6-month period, the department may use department staff to

 

complete the inspections instead of the local health department

 

causing the delays.

 

     (13) Beginning October 1, 2008, the director of the department

 

shall submit a report by December 1 of each year to the standing

 

committees and appropriations subcommittees of the senate and house

 

of representatives concerned with human services and children's

 

issues. The director shall include all of the following information

 

regarding applications for licenses and registrations only for

 

child care centers, group day child care homes, and family day

 

child care homes filed under this act in the report concerning the

 

preceding fiscal year:

 

     (a) The number of initial and renewal applications the


 

department received and completed within the 6-month time period

 

described in subsection (9).

 

     (b) The number of applications requiring a request for

 

additional information.

 

     (c) The number of applications rejected.

 

     (d) The number of licenses and registrations not issued within

 

the 6-month period.

 

     (e) The average processing time for initial and renewal

 

licenses and registrations granted after the 6-month period.

 

     (14) Except as provided in section 5c(8), the department shall

 

not issue to or renew the license of a child care center or day

 

care center under this act without requesting a criminal history

 

check and criminal records check as required by section 5c. If a

 

criminal history check or criminal records check performed under

 

section 5c reveals that an applicant for a license under this act

 

has been convicted of a listed offense, the department shall not

 

issue a license to that applicant. If a criminal history check or

 

criminal records check performed under section 5c reveals that an

 

applicant for renewal of a license under this act has been

 

convicted of a listed offense, the department shall not renew that

 

license. If a criminal history check or criminal records check

 

performed under section 5c reveals that a current licensee has been

 

convicted of a listed offense, the department shall revoke the

 

license of that licensee.

 

     (15) Except as provided in section 5f(13), the department

 

shall not issue or renew a certificate of registration to a family

 

day child care home or a license to a group day child care home


 

under this act without requesting a criminal history check and

 

criminal records check as required by section sections 5f and a

 

department of state police ICHAT check required by section 5g. If a

 

criminal history check or criminal records check performed under

 

section 5f or an ICHAT check performed under section 5g reveals

 

that an applicant for a certificate of registration or license

 

under this act or a person over 18 years of age residing in that

 

applicant's home has been convicted of a listed offense, the

 

department shall not issue a certificate of registration or license

 

to that applicant. If a criminal history check or criminal records

 

check performed under section 5f or an ICHAT check performed under

 

section 5g reveals that an applicant for renewal of a certificate

 

of registration or license under this act or a person over 18 years

 

of age residing in that applicant's home has been convicted of a

 

listed offense, the department shall not renew a certificate of

 

registration or license to that applicant. If a criminal history

 

check or criminal records check performed under section 5f or an

 

ICHAT check performed under section 5g reveals that a current

 

registrant or licensee under this act or a person over 18 years of

 

age residing in that registrant's or licensee's home has been

 

convicted of a listed offense, the department shall revoke that

 

registrant's certificate of registration or licensee's license.

 

     (16) As used in this section:

 

     (a) "Completed application" means an application complete on

 

its face and submitted with any applicable licensing or

 

registration fees as well as any other information, records,

 

approval, security, or similar item required by law or rule from a


 

local unit of government, a federal agency, or a private entity but

 

not from another department or agency of this state. A completed

 

application does not include a health inspection performed by a

 

local health department.

 

     (b) "Good moral character" means that term as defined in and

 

determined under 1974 PA 381, MCL 338.41 to 338.47.

 

     (c) "Member of the household" means any individual, other than

 

a foster child, who resides in a foster family home or foster

 

family group home on an ongoing or recurrent basis.

 

     Sec. 5f. (1) Except as provided in subsection (13), when a

 

person applies for or to renew a certificate of registration to

 

operate a family day child care home or a license to operate a

 

group day child care home under section 5, the department shall

 

request the department of state police to perform both of the

 

following on that person:

 

     (a) Conduct a criminal history check on the person.

 

     (b) Conduct a criminal records check through the federal

 

bureau of investigation on the person.

 

     (2) Each person applying for a certificate of registration to

 

operate a family day child care home or a license to operate a

 

group day child care home shall give written consent at the time of

 

application for the department of state police to conduct a

 

criminal history check and a criminal records check required under

 

this section. The department shall require the person to submit his

 

or her fingerprints to the department of state police for the

 

criminal history check and criminal records check described in

 

subsection (1).


 

     (3) The department shall request a criminal history check and

 

criminal records check required under this section on a form and in

 

the manner prescribed by the department of state police.

 

     (4) Within a reasonable time after receiving a complete

 

request by the department for a criminal history check on a person

 

under this section, the department of state police shall conduct

 

the criminal history check and provide a report of the results to

 

the department. The report shall contain any criminal history

 

record information on the person maintained by the department of

 

state police.

 

     (5) Within a reasonable time after receiving a proper request

 

by the department for a criminal records check on a person under

 

this section, the department of state police shall initiate the

 

criminal records check. After receiving the results of the criminal

 

records check from the federal bureau of investigation, the

 

department of state police shall provide a report of the results to

 

the department.

 

     (6) The department of state police may charge the department a

 

fee for a criminal history check or a criminal records check

 

required under this section that does not exceed the actual and

 

reasonable cost of conducting the check. The department may pass

 

along to the registrant, licensee, or applicant the actual cost or

 

fee charged by the department of state police for performing a

 

criminal history check or a criminal records check required under

 

this section.

 

     (7) A person to whom a certificate of registration or license

 

has been issued under this act shall report to the department


 

within 3 business days after he or she has been arraigned for 1 or

 

more of the following crimes and within 3 business days after he or

 

she knows or should reasonably know that an employee or a person

 

over 18 years of age residing in the home has been arraigned for 1

 

or more of the following crimes:

 

     (a) Any felony.

 

     (b) Any of the following misdemeanors:

 

     (i) Criminal sexual conduct in the fourth degree or an attempt

 

to commit criminal sexual conduct in the fourth degree.

 

     (ii) Child abuse in the third or fourth degree or an attempt to

 

commit child abuse in the third or fourth degree.

 

     (iii) A misdemeanor involving cruelty, torture, or indecent

 

exposure involving a child.

 

     (iv) A misdemeanor violation of section 7410 of the public

 

health code, 1978 PA 368, MCL 333.7410.

 

     (v) A violation of section 115, 141a, 145a, 335a, or 359 of

 

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

 

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

 

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

 

MCL 750.81, 750.81a, and 750.145d.

 

     (vi) A misdemeanor violation of section 701 of the Michigan

 

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

 

     (vii) Any misdemeanor that is a listed offense.

 

     (c) A violation of a substantially similar law of another

 

state, of a political subdivision of this state or another state,

 

or of the United States.

 

     (8) A person who violates subsection (7) is guilty of a crime


 

as follows:

 

     (a) If the person violates subsection (7) and the crime

 

involved in the violation is a misdemeanor that is a listed offense

 

or is a felony, the person is guilty of a felony punishable by

 

imprisonment for not more than 2 years or a fine of not more than

 

$2,000.00, or both.

 

     (b) If the person violates subsection (7) and the crime

 

involved in the violation is a misdemeanor that is not a listed

 

offense, the person is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     (9) The department shall delete from the registrant's or

 

licensee's records all information relating to an arraignment

 

required to be reported under this section if the department

 

receives documentation that the person arraigned for the crime is

 

subsequently not convicted of any crime after the completion of

 

judicial proceedings resulting from that arraignment.

 

     (10) Not later than January 31, 2006, the department shall

 

inform all persons currently issued a certificate of registration

 

or license and all applicants for a certificate of registration or

 

license of the requirement to report certain arraignments as

 

required in this section and the penalty for not reporting those

 

arraignments.

 

     (11) At the time the department issues a certificate of

 

registration to operate a family day child care home or a license

 

to operate a group day child care home under this act, the

 

department shall notify the registrant or licensee of the


 

requirement to report certain arraignments as required in this

 

section and the penalty for not reporting those arraignments.

 

     (12) Not later than January 1, 2007, the department shall

 

conduct a criminal history check and criminal records check on all

 

persons currently issued a certificate of registration under this

 

act to operate a family day child care home or a license under this

 

act to operate a group day child care home.

 

     (13) Beginning January 1, 2006, if a person applying to renew

 

a certificate of registration to operate a family day child care

 

home under section 5 or a license to operate a group day child care

 

home under section 5 has previously undergone a criminal history

 

check and criminal records check required under subsection (1) and

 

has continuously maintained a certificate of registration to

 

operate a family day child care home or license to operate a group

 

day child care home after the criminal history check and criminal

 

records check have been performed, that person is not required to

 

submit to another criminal history check or criminal records check

 

upon renewal of the certificate of registration or license obtained

 

under section 5.

 

     Sec. 5g. (1) When a person applies for a certificate of

 

registration to operate a family day child care home or a license

 

to operate a group day child care home under section 5, the

 

department shall perform a criminal history check using with the

 

department of state police's internet criminal history access tool

 

(ICHAT) police on all persons over 18 years of age residing in the

 

home in which the family day child care home or group day child

 

care home is operated. This section does not apply to a person


 

residing in the home for a period of not more than 14 days.

 

     (2) Not later than 1 year after the effective date of the

 

amendatory act that added this section January 1, 2007, the

 

department shall perform an ICHAT a criminal history check on all

 

persons over 18 years of age residing in the home in which a family

 

day child care home or group day child care home is currently

 

operated.

 

     (3) If a search of ICHAT criminal history check reveals that a

 

person over 18 years of age residing in the home has been convicted

 

of a listed offense, the department shall not issue a certificate

 

of registration or license to the applicant, shall not renew a

 

certificate of registration to the registrant or license to the

 

licensee applying for renewal, or shall revoke a current

 

registrant's certificate of registration or current licensee's

 

license.

 

     Sec. 9a. (1) A certificate of registration shall be in force

 

for 3 years unless revoked under section 11. A Until September 30,

 

2007, a renewal certificate of registration shall be issued in the

 

same manner as provided in section 5(2) for initially issuing the

 

certificate, except that an on-site visit of the family child care

 

home and the orientation session are not required. Beginning

 

October 1, 2007, a renewal certificate of registration shall be

 

issued in the same manner as provided in section 5(2), (9), and

 

(11) for the initial issuance of the certificate, except that an

 

on-site visit of the family day child care home and the orientation

 

session are not required. The certificate shall state that the

 

registrant may operate a family day child care home and the number


 

and the ages of the children that may be received and maintained.

 

     (2) This section does not limit the right or the duty of the

 

department to assess periodically, randomly, or at the time of

 

renewal, the continued compliance with this act and rules

 

promulgated under this act. The department shall make on-site

 

visits as provided in this act to a 10% sample of the family day

 

child care homes in each county each year, or when a complaint

 

about a family day child care home or registrant is received by the

 

department.

 

     Sec. 11b. (1) The department of consumer and industry services

 

shall establish and maintain a database of child care centers,

 

family day child care homes, and group day child care homes as a

 

central clearinghouse for persons seeking information on child care

 

options. The database shall include, at a minimum, all of the

 

following information:

 

     (a) The name, address, and telephone number of the child care

 

center, family day child care home, or group day child care home.

 

     (b) The days and general hours of operation of the child care

 

center, family day child care home, or group day child care home.

 

     (c) The license or registration number, effective date, and

 

expiration date of the child care center, family day child care

 

home, or group day child care home.

 

     (d) The number and nature of any adverse action taken against

 

the child care center, family day child care home, or group day

 

child care home by the department. of consumer and industry

 

services.

 

     (2) The department of consumer and industry services shall


 

make the database available to the public on the internet, without

 

charge, through that department's website.

 

     (3) The department of consumer and industry services shall

 

inform the public, through press releases or other media avenues,

 

of the information available in the database established under

 

subsection (1) and how to access that database.