Bill Text: MI HB5736 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Children; child care; child care regulatory restrictions; suspend during a declared emergency. Amends secs. 5m & 7a of 1973 PA 116 (MCL 722.115m & 722.117a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-04-28 - Bill Electronically Reproduced 04/30/2020 [HB5736 Detail]
Download: Michigan-2019-HB5736-Introduced.html
HOUSE BILL NO. 5736
April 24, 2020, Introduced by Rep. Iden and
referred to the Committee on Government Operations.
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 5m and 7a (MCL 722.115m and 722.117a), as added by 2017 PA 258.
the people of the state of michigan enact:
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.
(2) A Except as provided in subsection (13), 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 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)
The following provisions of Executive Order No. 2020-51 apply until June 1,
2020 or until the end of the states of emergency and disaster related to
COVID-19, whichever occurs later:
(a)
An employer may establish and maintain a disaster relief child care center
without a license from the department.
(b)
A school district or a nonpublic school may establish and maintain a disaster
relief child care center in a school building without a license from the
department.
(c)
The department must promulgate rules governing disaster relief child care
centers.
(d)
A disaster relief child care center must comply with the requirements imposed
by department rules and orders governing disaster relief child care centers.
(e)
The department rules or orders must, at a minimum, require that a disaster
relief child care center do all of the following:
(i) Follow the safe sleep guidelines,
including, but not limited to, following appropriate sleeping equipment for
children under 12 months of age.
(ii) Follow applicable guidelines for
diapering, handwashing, and sanitizing.
(iii) Provide porta-cribs, cots, or mats
for children older than 12 months to sleep or rest.
(iv) Solicit information about, and
communicate with parents and guardians regarding, a child's medicine,
allergies, including food allergies, and other special needs.
(f)
Disaster relief child care centers may operate in a school facility operated by
a school district or nonpublic school that is closed and is approved for
student use. Early childhood staff, student teachers, teachers, and individuals
who provide before and after care may provide child care in these settings. The
department of education may credit the hours that student teachers work toward
teacher preparation graduation requirements and department of education
licensure requirements.
(g)
Subrule (5) of R 400.8110 of the Michigan Administrative Code is suspended for
disaster relief child care centers until June 1, 2020 or when the states of
emergency and disaster related to COVID-19 end. Notice of any change in
capacity and age groups must be provided to the department.
(h)
A disaster relief child care center operated by a school district in accordance
with this subsection, including its employees, is designated as disaster relief
forces as defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402, and is entitled to the immunities set forth in section 11(1) to (3)
of the emergency management act, 1976 PA 390, MCL 30.411.
(i)
A disaster relief child care center operated by a school district is a pilot
program under 1947 PA 336, MCL 423.201 to 423.217, and may charge for
reasonable and customary services.
(j)
A school district or nonpublic school shall first identify employees who
voluntarily elect to become a disaster relief child care center participant
before reassigning other employees to work in a disaster relief child care
center, to the extent authorized under applicable contracts and laws. A school
district or nonpublic school may not require an employee to work in a disaster
relief child care center if any of the following apply:
(i) The employee has a confirmed
diagnosis of COVID-19.
(ii) The employee is displaying the
symptoms of COVID-19.
(iii) The employee is 60 years of age or
older.
(iv) The employee has an underlying
condition that places the employee at an elevated risk of serious illness from
COVID-19.
(v) The employee has been in contact
with someone with a confirmed diagnosis of COVID-19 in the last 14 days.
(k)
A disaster relief child care center must perform a health evaluation of all
individuals who enter the center each time the individual seeks to enter the
center, and must deny entry to those individuals who do not meet the evaluation
criteria. The evaluation criteria must include both of the following:
(i) Symptoms of a respiratory infection,
such as fever, cough, or shortness of breath.
(ii) Contact in the last 14 days with
someone with a confirmed diagnosis of COVID-19.
(l) A disaster relief child care center
must give priority for its services to the essential workforce but may also
provide child care services to the general public as space and governing rules
or orders permit.
(14)
(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.
(c) "Critical infrastructure" includes utilities,
manufacturing, mass transit, and groceries or other essential supplies, goods,
or equipment.
(d) "Disaster relief child care center" means a
child care center offering child care as provided in subsection (13).
(e) "Essential workforce" includes health care
workers, home health workers, direct care workers, emergency medical service
providers, first responders, law enforcement personnel, sanitation workers,
child care workers, including employees acting as child care workers in
disaster relief child care centers, personnel providing correctional services,
postal workers, public health employees, key government employees, court personnel,
and others providing critical infrastructure to the people of this state,
including individuals performing, remotely or in person, critical
infrastructure work, necessary government activities, or minimum basic
operations under Executive Order No. 2020-42 or any order that may follow from
it.
(f) "Key government employees" includes child
protective services workers, child welfare workers, foster care workers,
including workers from contracted agencies, recipient rights workers, employees
of the office of the governor, cabinet officers and their designees, department
of health and human services field office staff, unemployment insurance agency
employees, and other employees identified by the department of technology,
management, and budget.
Sec. 7a. (1) A
provisional license may be issued to a child care organization that is
temporarily unable to conform to the rules. The issuance of Except as provided in subsection (3), issuing a
provisional license shall be
is contingent
upon the submission on submitting to the
department of an
acceptable plan to overcome the deficiency present in the child care
organization within the time limitations of the provisional licensing period.
(2) A provisional license expires 6 months after the date of
issuance and may be issued not more than 3 times. The renewal of a provisional
license shall be contingent upon the submission of a new application and
approval by the appropriate department. At the end of the 6 months, the
department shall either issue a regular license, refuse to renew the license as
provided in section 11, or modify to a provisional license as provided in this
section.
(3) Until June 1, 2020 or the end of the states of emergency and
disaster related to COVID-19, a provisional license may be issued to a child
care organization without submission of an acceptable plan to overcome the
deficiency present in the child care organization to the department within the
time limitations of the provisional licensing period. A provisional license
issued under this subsection may be issued with an expiration date no earlier
than 1 month after the date of issuance and no later than 6 months after the
date of issuance, and may be renewed at the discretion of the department until
the end of the declared states of emergency and disaster relating to COVID-19.
(4) (3) The department may modify the license of a
child care organization to a provisional license when the licensee willfully
and substantially violates this act, the rules promulgated under this act, or the
terms of the license. A license cannot be modified unless the licensee is given
written notice of the grounds of the proposed modification. If the proposed
modification is not appealed, the license will be modified. The proposed
modification must be appealed within 30 days after receipt by writing the
director or director's designee. Upon receipt of the appeal, the director or
director's designee must initiate the provisions of chapters 4 and 5 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.292.
Notice of a hearing must be given to the licensee by personal service or
delivery to the proper address by certified mail not less than 2 weeks before
the date of the hearing. The decision of the director must be made as soon as
practicable after the hearing and forwarded to the licensee by certified mail
not more than 10 days after that. The formal notice and hearing requirement in
this subsection does not apply if the licensee and the department comply with
subsection (4).(5).
(5) (4) The department may immediately modify a license
without providing written notice of the grounds of the proposed action or
giving the licensee 30 days to appeal if the licensee, in writing, does the
following:
(a) Waives the requirement that the department provide
written notice of the grounds for the proposed action.
(b) Waives the 30-day time frame in which to submit a written
appeal to the proposed action.
(c) Waives the right to implement the provisions of chapters
4 and 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271
to 24.292.
(6) (5) As used in this section:
(a) "Substantially violates" means repeated
violations or noncompliance of this act, a rule promulgated under this act, or
the terms of a license that jeopardizes the health, safety, care, treatment,
maintenance, or supervision of individuals receiving services or, in the case
of an applicant, individuals who may receive services.
(b) "Willfully violates" means, after receiving a
copy of the act, the rules promulgated under the act and, for a license, a copy
of the terms of a license, or a previous citation for a violation of this act
or a rule promulgated under this act, a licensee or an applicant knew or had
reason to know that his or her conduct was a violation of the act, rules
promulgated under the act, or the terms of a license.
