Bill Text: MI HB4294 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Children; child care; restriction on number of 18-year-olds residing in a child caring institution; modify. Amends sec. 1 of 1973 PA 116 (MCL 722.111).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-07 - Bill Electronically Reproduced 03/02/2017 [HB4294 Detail]

Download: Michigan-2017-HB4294-Introduced.html

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HOUSE BILL No. 4294

 

 

March 2, 2017, Introduced by Rep. Byrd and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1973 PA 116, entitled

 

"An act to provide for the protection of children through the

licensing and regulation of child care organizations; to provide

for the establishment of standards of care for child care

organizations; to prescribe powers and duties of certain

departments of this state and adoption facilitators; to provide

penalties; and to repeal acts and parts of acts,"

 

by amending section 1 (MCL 722.111), as amended by 2014 PA 65.

 

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

 

receiving 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 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

 

developmentally disabled 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 at least 16 but less than

 

21 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, and that 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) "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, 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 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) "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 child care home, or a

 

family child care home, as follows:

 

     (i) "Foster family home" means 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, 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,

 

legal guardian, or legal custodian.

 

     (iii) "Family child care home" means a private home in which 1

 

but fewer than 7 minor children are received for care and

 

supervision for compensation 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 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. A family child care home does not include an

 

individual providing babysitting services for another individual.

 

As used in this subparagraph, "providing babysitting services"

 

means caring for a child on behalf of the child's parent or

 

guardian when the annual compensation for providing those services

 

does not equal or exceed $600.00 or an amount that would according

 

to the internal revenue code of 1986 obligate the child's parent or

 

guardian to provide a form 1099-MISC to the individual for

 

compensation paid during the calendar year for those services.

 

     (iv) "Group 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 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) "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) "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) "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) "Guardian" means the guardian of the person.

 

     (o) "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,

 

foster family home, or foster family group home, who is at least 18

 

but less than 21 years of age, and who meets the requirements of

 

the young adult voluntary foster care act, 2011 PA 225, MCL 400.641

 

to 400.671.

 

     (iii) 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 a child

 

caring institution, children's camp, foster family home, or foster

 

family group home; and who continues residing in a child caring

 

institution, children's camp, foster family home, or foster family

 

group home to receive care, maintenance, training, and supervision.

 

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 under an

 

adjudication under section 2(a) of chapter XIIA of the probate code

 

of 1939, 1939 PA 288, MCL 712A.2, or under 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.

 

     (E) For a facility licensed for more than 50 residents, 15 if

 

the number of residents who are 17 years of age and under does not

 

fall below 40, the facility provides appropriate clinical

 

programming for residents who are 18 years of age at the time of

 

placement in the facility or who become 18 years of age while in

 

the facility, and the facility meets other licensing requirements

 

under this act.

 

     (iv) A person 18 years of age or older who is placed in an

 

unlicensed residence under section 5(4) or a foster family home

 

under section 5(7).

 

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

 

certificate of registration under this act to operate a family

 

child care home.

 

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

 

regulates family child care homes, and includes the requirement

 

that a family child care home certify to the department that the

 

family child care home has complied with and will continue to

 

comply with the rules promulgated under this act.

 

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

 

issued under this act to a family child care home through

 

registration.

 

     (s) "Related" means in the relationship of parent,

grandparent, brother, sister, stepparent, stepsister, stepbrother,

 

uncle, aunt, cousin, great aunt, great uncle, or stepgrandparent by

 

marriage, blood, or adoption.

 

     (t) "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) "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.

 

     (v) "Licensee designee" means the individual designated in

 

writing by the board of directors of the corporation or by the

 

owner or person with legal authority to act on behalf of the

 

company or organization on licensing matters. All license

 

applications must be signed by the licensee in the case of the

 

individual or by a member of the corporation, company, or

 

organization.

 

     (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 to be exempt from inspections and on-site visits

 

required under section 5. The department 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 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 immediately

 

preceding the application date.

 

     (b) During the 2 years 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 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 under subsection (2) is

 

subject to an investigation by the department 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 under

 

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

 

reviews. Such a facility or program 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 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.