Bill Text: MI HB5211 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Children; child care; exemption from licensing for homeless shelters to provide child care under certain conditions; create. Amends secs. 1, 5m & 5n of 1973 PA 116 (MCL 722.111 et seq.) & adds sec. 5t.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-11-13 - Bill Electronically Reproduced 11/13/2019 [HB5211 Detail]
Download: Michigan-2019-HB5211-Introduced.html
HOUSE BILL NO. 5211
November 07, 2019, Introduced by Rep. Slagh 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 sections 1, 5m, and 5n (MCL 722.111, 722.115m, and 722.115n), section 1 as amended by 2018 PA 431, section 5m as added by 2017 PA 258, and section 5n as added by 2017 PA 256, and by adding section 5t.
the people of the state of michigan enact:
(a) "Child care
staff member" means an individual who is 18 years of age or older to whom
1 or more of the following applies:
(i) The individual is employed by a child care center, group
child care home, or family child care home for compensation, including a
contract employee or a self-employed individual.
(ii) An individual
whose activities involve the unsupervised care or supervision of children for a
child care center, group child care home, or family child care home.
(iii) An individual who
has unsupervised access to children who are cared for or supervised by a child
care center, group child care home, or family child care home.
(iv) An individual who
acts in the role of a licensee designee or program director.
(b) "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.
(c) "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 must 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).
(d) "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).
(e) "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.
(f) "Children's campsite" means the outdoor setting
where a children's residential or day camp is located.
(g) "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.
(h) "Child care center" means a facility, other
than a private residence, receiving 1 or more children under 13 years of age
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
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 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.
(v) A program that
primarily provides therapeutic services to a child.
(vi) A homeless shelter's program that
provides child care services to temporary residents.
(i) "Conviction" means a final conviction, the
payment of a fine, a plea of guilty or nolo contendere if accepted by the
court, a finding of guilt for a criminal law violation or a juvenile
adjudication or disposition by the juvenile division of probate court or family
division of circuit court for a violation that if committed by an adult would
be a crime, or a conviction in a tribal court or a military court.
(j) "Criminal history check" means a
fingerprint-based criminal history record information background check through
the department of state police and the Federal Bureau of Investigation.
(k) "Criminal history record information" means
that term as defined in section 1a of 1925 PA 289, MCL 28.241a.
(l)
"Department" means the department of health and human services and
the department of licensing and regulatory affairs or a successor agency or
department responsible for licensure under this act. The department of
licensing and regulatory affairs is responsible for licensing and regulatory
matters for child care centers, group child care homes, family child care
homes, children's camps, and children's campsites. The department of health and
human services is responsible for licensing and regulatory matters for child
caring institutions, child placing agencies, children's therapeutic group
homes, foster family homes, and foster family group homes.
(m) "Eligible" means that the individual obtained
the checks and clearances described in sections 5n and 5q and is considered
appropriate to obtain a license, to be a member of the household of a group
child care home or family child care home, or to be a child care staff member.
(n) "Ineligible" means that the individual obtained
the checks and clearances as described in sections 5n and 5q and is not
considered appropriate to obtain a license, to be a member of the household of
a group child care home or family child care home, or to be a child care staff
member due to violation of section 5n, 5q, or 5r. Ineligible does not apply to a temporary resident of a
homeless shelter that provides child care services to its residents if that
individual does not have access to the part of the homeless shelter where child
care services are provided.
(o) "Private home" means a private residence in
which the licensee permanently resides, which residency is not contingent upon
caring for children or employment by a 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, 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, or
who are not hosted in the private home as provided in the safe families for
children act, 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, 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, or who are not hosted in the private home as provided in the safe
families for children act, 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 household 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 household 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.
(p) "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.
(q) "Licensee" means a person, partnership, firm,
corporation, association, nongovernmental organization, or local or state
government organization that has been issued a license under this act to
operate a child care organization.
(r) "Listed offense" means that term as defined in
section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(s) "Member of the household" means any individual
who resides in a family child care home, group child care home, foster family
home, or foster family group home on an ongoing basis, or who has a recurrent
presence in the home, including, but not limited to, overnight stays. For
foster family homes and foster family group homes, a member of the household
does not include a foster child. For group child care homes and family child
care homes, a member of the household does not include a child to whom child
care is being provided. For a homeless
shelter that provides child care services to temporary residents of the shelter,
a member of the household does not include an individual who does not have
access to the part of the shelter where child care services are provided.
(t) "Original license" means a license issued to a
child care organization during the first 6 months of operation indicating that
the organization is in compliance with all rules promulgated by the department
under this act.
(u) "Provisional license" means a license issued to
a child care organization that is temporarily unable to conform to the rules
promulgated under this act.
(v) "Regular license" means a license issued to a
child care organization indicating that the organization is in substantial
compliance with all rules promulgated under this act and, if there is a
deficiency, has entered into a corrective action plan.
(w) "Guardian" means the guardian of the person.
(x) "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.
(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).
(y) "Related" means in the relationship by blood,
marriage, or adoption, as parent, grandparent, great-grandparent,
great-great-grandparent, aunt or uncle, great-aunt or great-uncle,
great-great-aunt or great-great-uncle, sibling, stepsibling, nephew or niece,
first cousin or first cousin once removed, and the spouse of any of the
individuals described in this definition, even after the marriage has ended by
death or divorce.
(z) "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.
(aa) "Safe families for children act" means the
safe families for children act, 2018 PA 434, MCL 722.1551 to 722.1567.
(bb) (aa) "School-age child" means a child who
is eligible to attend a grade of kindergarten or higher, but is less than 13
years of age. A child is considered to be a school-age child on the first day
of the school year in which he or she is eligible to attend school.
(cc) (bb) "Severe physical injury" means that
term as defined in section 8 of the child protection law, 1975 PA 238, MCL
722.628.
(dd) (cc) "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. The individual must agree in writing to
be designated as the licensee designee. 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.
Sec. 5m. (1) This
section and sections 5n to 5s apply only to a child care center, group child
care home, or family child care home. This section does not apply to a homeless shelter that
provides child care services to temporary residents of that shelter.
(2) A Except as provided in subsection (1),
a person, partnership, firm, corporation, association,
nongovernmental organization, or governmental organization shall not establish
or maintain a child care center, group child care home, or family child care
home unless licensed by the department. Application for a child care center,
group child care home, or family child care home license shall must be made on forms
provided, and in the manner prescribed, by the department, including the fees
required under subsection (10). Before issuing or renewing a child care center,
group child care home, or family child care home 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 child care center, group
child care home, or family child care home. Except as otherwise provided in
this subsection and sections 5q and 5r, if the department is satisfied as to
the need for a child care center, group child care home, or family child care
home, as to its financial stability, and that the service, facility, applicant,
licensee, child care staff member, or member of the household is conducive to
the welfare of the children, the department shall issue or renew the child care
center, group child care home, or family child care home license. If the
department determines that a service, facility, applicant, licensee, child care
staff member, or member of the household is not conducive to the welfare of the
children, the department shall deny that application or revoke that licensee's
license according to section 11.
(3) To assess whether the service, facility, applicant, licensee,
child care staff member, or member of the household is conducive to the welfare
of the children, the department may utilize available information, including,
but not limited to, any of the following:
(a) Investigative report, such as a law enforcement report
and a children's protective services report.
(b) Medical report.
(c) Public record.
(d) Child care center, group child care home, or family child
care home record.
(e) Inspection of the child care center, group child care
home, or family child care home.
(4) The department may use information obtained under section
5k to obtain reports prepared independently for police, law enforcement, or
other purposes to make a determination under this section.
(5) The department shall issue a group child care home or
family child care home license to a person who has successfully completed an
orientation session offered by the department and who meets the requirements of
this act. The department shall make available to group child care home or
family child care home applicants for licensure an orientation session
regarding this act, the rules promulgated under this act, and the needs of
children in child care before issuing a group child care home or family child
care home license.
(6) Except as provided in subsection (2), the department
shall issue an original or renewal license under this act for a child care
center, group child care home, or family child care home 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 the department. 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. 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.
(7) 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.
(8) Except as provided in subsection (2), if the department
fails to issue, deny, or refuse to renew a license to a child care center,
group child care home, or family child care home within the time required by
this section, the department shall return the application fee required under
subsection (10) and shall reduce the application fee for the applicant's next
renewal application, if any, by 15%. Failure to issue, deny, or refuse to renew
a license to a child care center, group child care home, or family 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 processing of an application based on the fact that the
application fee was refunded or discounted under this subsection.
(9) If, on a continual basis, inspections performed by a
local health department delay the department in issuing or denying a license
for a child care center, group child care home, or family child care home under
this act within the 6-month period, the department may use department staff to
complete the inspection instead of the local health department causing the
delays.
(10) The department shall assess fees as provided in the
following schedule:
(a) Family child care home license, $50.00 for an original
license application and $25.00 for renewal.
(b) Group child care home license, $100.00 for an original
license application and $50.00 for renewal.
(c) Child care center license with a capacity of 1 to 20,
$150.00 for an original license application and $75.00 for renewal.
(d) Child care center license with a capacity of 21 to 50,
$200.00 for an original license application and $100.00 for renewal.
(e) Child care center license with a capacity of 51 to 100,
$250.00 for an original license application and $125.00 for renewal.
(f) Child care center license with a capacity of over 100,
$300.00 for an original license application and $150.00 for renewal.
(11) The department shall use the fees collected under this
section only to fund the program licensing child care centers, group child care
homes, and family child care homes. Funds remaining at the end of the fiscal
year shall not lapse to the general fund but shall remain available to fund the
program in subsequent years.
(12) Fees described in this section are payable to the
department at the time an application is submitted for original issuance or
renewal. If a license is denied, revoked, or refused renewal, or an application
is rejected as provided in section 15(4), the department shall not refund fees
paid to the department.
(13) As used in this section:
(a) "Completed application" means an application
complete on its face and submitted with any applicable 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, a state department
or agency of another state, 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) "Conducive to the welfare of the children"
means:
(i) The service and
facility comply with this act and the administrative rules promulgated under
this act.
(ii) The disposition,
temperament, condition, and action of the applicant, licensee, licensee
designee, program director, child care staff member, and member of the
household promote the safety and well-being of the children served.
Sec. 5n. (1) Except
as otherwise provided in subsection (13), when a person, partnership, firm,
corporation, association, governmental organization, or nongovernmental
organization applies for or applies to renew a license to operate a child care
center, group child care home, or family child care home under section 5m and
before a group child care home or family child care home allows an individual
to be a member of the household, or a child care center, group child care home,
or family child care home allows an individual to become a child care staff
member, the department shall do all of the following:
(a) Review its database of individuals with previous
disciplinary action within a child care center, group child care home, or
family child care home or an adult foster care facility.
(b) Conduct a search of the individual through the national
sex offender registry.
(c) Request a search of the individual through all state
criminal registries or repositories for any states of residence in the past 5
years.
(d) Request that the department of state police perform a
criminal history check on the individual, child care staff member, or adult
member of the household.
(2) If the individual, child care staff member, or adult
member of the household has resided out of the United States within the
preceding 5 years, equivalent clearances of those described in subsection
(1)(b) and (d) and section 5q from each country must be provided, if available.
If the country does not have the equivalent clearance, the individual must sign
a self-certifying statement that he or she is not ineligible to receive a
license, to be an adult member of the household, or to be a child care staff
member as prescribed by sections 5q and 5r. An individual who provides or is
determined to have provided false information or knowingly omits information in
the self-certification statement is ineligible for that application.
(3) Each individual listed in subsection (1) shall give
written consent at the time of the license application and before a group child
care home or family child care home allows an individual to be a member of the
household, or before becoming a child care staff member to allow the department
of state police to conduct the criminal history check required under subsection
(1). The department shall require the individual to submit his or her
fingerprints to the department of state police and the Federal Bureau of
Investigation for the criminal history check as required in subsection (1).
(4) The department shall request a criminal history check
required under this section on a form and in the manner prescribed by the
department of state police.
(5) Within a reasonable time after receiving a complete
request 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 and the Federal Bureau of Investigation.
(6) The department of state police may charge the department
a fee for a criminal history 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 individual fingerprinted the actual cost or fee charged
by the department of state police, the Federal Bureau of Investigation, or a
vendor approved by the department of state police for performing a criminal
history check required under this section.
(7) The department shall provide whether the individual is
eligible or ineligible as provided by sections 5q and 5r within 45 days after
the date on which the request was submitted.
(8) The individual may serve as a child care staff member
pending the results of the record and database checks required by this section
and section 5q if the individual is supervised at all times.
(9) Within 45 days after the date on which the request was
submitted, the department shall provide a statement to the child care center,
group child care home, or family child care home that indicates whether the
individual is eligible or ineligible to be, a licensee, an adult member of the
household, or a child care staff member as provided under sections 5q and 5r
without revealing any disqualifying crime or other related information
regarding the individual.
(10) If the individual is ineligible due to the records or
database checks required under this section and section 5q, the department
shall provide information related to each disqualifying item in a report to the
individual who has been determined ineligible.
(11) An individual who has been determined to be ineligible
as provided under sections 5q and 5r may request a redetermination by the
department if he or she believes that the basis for the ineligible
determination is inaccurate. The individual shall file the request for
redetermination with the department within 30 calendar days after receiving the
written notice that he or she was determined to be ineligible. If an individual
has been determined to be ineligible based upon a conviction that has been
expunged or set aside or a central registry case that has been expunged, the
individual shall provide the supporting court, law enforcement, or department
of health and human services, or equivalent department from another state,
documents along with the request for redetermination. The individual shall not
be determined to be ineligible based upon a conviction that has been set aside
or expunged or a central registry case that has been expunged. The department
shall review the request and issue a written decision within 30 business days
after receiving the request for redetermination. The decision of the department
is final.
(12) Each ineligible individual shall be given instructions
about how to complete the request for redetermination process as provided in
subsection (11).
(13) Except as otherwise provided in this subsection, not
later than September 30, 2017, every child care center licensee, group child
care home licensee, family child care home licensee, child care staff member,
and adult member of the household shall submit his or her fingerprints to the
department of state police and the Federal Bureau of Investigation in order to
carry out the records and database checks required under this section and
section 5q. If the department of education obtains an extension on the
implementation of this program from the federal government, the provisions of
this section may be implemented no later than September 30, 2018.
(14) If a licensee, licensee designee, or program director of
a child care center, group child care home, or family child care home applying
for a new license or to renew a license to operate a child care center, group
child care home, or family child care home has previously undergone a criminal
history check required under subsections (1) and (13) and has remained
continuously licensed after the criminal history check has been performed, that
licensee, licensee designee, or program director of a child care center, group
child care home, or family child care home is not required to submit to another
criminal history check upon renewal of, or application for, the license
obtained under this act.
(15) Upon consent of an applicant as required in subsection
(3) and upon request from a child care center, group child care home, or family
child care home, the department shall review the information received from the
criminal history check, if any, and notify the requesting child care center,
group child care home, or family child care home of the information in the
manner prescribed in subsection (7). Until the Federal Bureau of Investigation
implements an automatic notification system as outlined in section 5k, a child
care center, group child care home, or family child care home may rely on the
criminal history record information provided by the department under this
subsection and a new request as provided under this section is not necessary if
all of the following requirements are met:
(a) The criminal history check was conducted during the
immediately preceding 5-year period.
(b) The applicant has been continuously employed by a child
care center, group child care home, or family child care home since the
criminal history check was conducted in compliance with this section.
(c) The applicant can provide evidence acceptable to the
department that he or she has been a resident of this state for the immediately
preceding 5-year period.
(16) The checks and clearances required in subsection (1)(a)
to (c) and section 5q shall be updated at least every 5 years if the individual
has been continuously licensed, has continuously been serving as a child care
staff member, or has continuously been an adult member of the household.
(17) This section does not apply to a homeless shelter that
provides child care services to
temporary residents of that shelter.
Sec. 5t. (1) A homeless shelter that provides
child care services to temporary residents of that shelter is exempt from the
licensing requirements under this act if the homeless shelter meets all of the
following criteria:
(a) Has a paid nurse licensed under part 172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242, on staff.
(b) Has not less than 75 beds for homeless residents.
(c) Has the following ratio of child care staff members, volunteers, or both, to the number of beds for temporary homeless residents:
(i) For a shelter with 75 to 100 beds, 4 child care staff members, volunteers, or a combination of both.
(ii) For a shelter with 101 beds or more, 1 additional child care staff member or volunteer for every additional 25 beds.
(d) Maintains no more than 4 infants to each child care staff member or volunteer.
(e) Is located in a residential zoning district.
(f) Provides a job training program.
(g) Provides job placement assistance to parents who are residents of the homeless shelter.
(h) Has a written agreement with a local law enforcement agency to have that agency regularly patrol the homeless shelter.
(2) An adult resident of a homeless shelter described in subsection (1) is exempt from a criminal history check required under this act if the part of the facility where child care is provided is secure and the individual does not have access to that area. An individual who has access to the part of the building where child care is provided must submit to the criminal history check required under this act.
(3) As used in this section, "secure" means the facility has video surveillance and restricted access that can only be accessed by a child care staff member who is authorized to be in the part of the facility where child care is provided.
