Bill Text: MI HB6558 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Juveniles; other; private residential facilities; modify licensing requirements. Amends sec. 1 of 1973 PA 116 (MCL 722.111).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-12-04 - Bill Electronically Reproduced 11/29/2018 [HB6558 Detail]

Download: Michigan-2017-HB6558-Introduced.html

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HOUSE BILL No. 6558

 

 

November 29, 2018, Introduced by Rep. Howrylak and referred to the Committee on Law and Justice.

 

     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 2017 PA 257.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (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:apply:

 

     (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 an

 

organization commonly described as a child caring institutions,

 

institution, child placing agencies, agency, children's camps,

 

camp, children's campsites, campsite, children's therapeutic group

 

homes, home, child care centers, center, day care centers, center,

 

nursery schools, school, parent cooperative preschools, preschool,

 

foster homes, home, group homes, home, or child care homes. home.

 

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 an institution

 

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.

 

     (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, 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 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.

     (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

17 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 17 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.