Bill Text: MI HB5537 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Children; child care; definitions relating to child care organizations; amend to reflect amendments to the public health code. Amends sec. 1 of 1973 PA 116 (MCL 722.111). TIE BAR WITH: HB 5510'19
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-25 - Bill Electronically Reproduced 02/25/2020 [HB5537 Detail]
Download: Michigan-2019-HB5537-Introduced.html
HOUSE BILL NO. 5537
February 20, 2020, Introduced by Rep. Reilly
and referred to the Committee on Health Policy.
A bill to amend 1973 PA 116, entitled
"An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,"
by amending section 1 (MCL 722.111), as amended by 2018 PA 431.
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 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, 333.21925, 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.
(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.
(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, 2018
PA 434, MCL 722.1551 to 722.1567, 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,
26 USC 1 to 9834, 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.
(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) "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.
(bb) "Severe physical injury" means that term as
defined in section 8 of the child protection law, 1975 PA 238, MCL 722.628.
(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.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5510 (request no. 04667'19) of the 100th Legislature is enacted into law.
