SB-0241, As Passed House, December 11, 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.