Bill Text: MI SB0182 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Children; child care; licensure requirements for child care centers; modify. Amends secs. 7, 8 & 11b of 1973 PA 116 (MCL 722.117 et seq.) & adds secs. 4a, 5m, 7a & 8c. TIE BAR WITH: SB 0180'17, SB 0181'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-12-28 - Assigned Pa 0258'17 With Immediate Effect [SB0182 Detail]
Download: Michigan-2017-SB0182-Engrossed.html
SB-0182, As Passed House, December 6, 2017
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 182
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 7, 8, and 11b (MCL 722.117, 722.118, and
722.121b), section 8 as amended by 1980 PA 232 and section 11b as
amended by 2010 PA 86, and by adding sections 4a, 5m, 7a, and 8c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4a. An applicant, licensee, or licensee designee must
present a valid driver license or a valid state or federal
government-issued identification card in order to obtain or renew a
license for a child care center, group child care home, or family
child care home under this act.
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 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) 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. 7. A provisional An original license shall be issued to a
new child care organization during the first 6 months of operation.
An original license expires 6 months after the date of issuance.
The renewal of an original license is contingent upon the
submission of a new application and approval by the department. At
the end of the first 6 months of operation, the department shall
either
issue renew as a regular license or renew or refuse to renew
the
provisional original license as provided in section 11 or
modify
to a provisional license as provided under section 7a(3). A
provisional
license may be issued to a child care organization
which
is temporarily unable to conform to the rules. A provisional
license
shall expire 6 months from the date of issuance and may be
issued
not more than 4 times. The issuance of a provisional license
shall
be contingent upon the submission 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.
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 a provisional license shall be contingent
upon the submission 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) 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).
(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.
(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.
Sec.
8. (1) A regular license shall be is effective
for 2
years
after the date of issuance unless revoked pursuant to or
refused renewal as provided in section 11 or modified to a
provisional
status based on evidence of noncompliance with this act
or
the rules promulgated under this act. as provided in section 7a.
The
license shall be reinstated renewed
biennially on application
and approval. A license shall specify in general terms the kind of
child
care program organization the licensee may undertake, and the
number, and ages of children that can be received and maintained.
(2) The department may accept a licensee's written request to
close a license if the department does not have an active
investigation against the licensee or is not pursuing revocation or
refusal to renew as provided in section 11.
(3) A certification of registration issued by the department
before the effective date of the amendatory act that added this
subsection shall be reissued as a license. The reissuance shall be
completed in the manner determined by the department within 1 year
after the amendatory act that added this subsection.
Sec. 8c. A license shall be issued to a specific person or
organization at a specific location, shall be nontransferable, and
shall remain the property of the department.
Sec. 11b. (1) The department shall establish and maintain a
database of child care centers, family child care homes, and group
child
care homes. as a central clearinghouse for persons seeking
information
on child care options. The database
shall include, at a
minimum, all of the following information:
(a) The name, address, and telephone number of the child care
center, family child care home, or group child care home.
(b) The days and general hours of operation of the child care
center, family child care home, or group child care home.
(c)
The license or registration number, effective date, and
expiration date, and date of the last inspection of the child care
center, family child care home, or group child care home.
(d) The number and nature of any adverse action taken against
the child care center, family child care home, or group child care
home by the department.
(e) The number and nature of any special investigations
regarding the child care center, family child care home, or group
child
care home conducted by the department. that the department
classifies
as high risk. This information
shall remain in the
database
as long as the licensee or registrant is licensed or
registered
under this act. For the purpose
of this subdivision,
"special
investigation that the department classifies as high risk"
means
an investigation in which the department becomes aware that 1
or
more of the conditions listed in section 8(3)(a) to (c) of the
child
protection law, 1975 PA 238, MCL 722.628, exist.
(f)
Information that, upon completion of a special
investigation
as described in subdivision (e), the department made
a
determination that there were no substantiated rule violations.
This
information may be included in the same manner as information
provided
under section 3f(5).
(2) The department shall make the following database
information available to the public on the internet for persons
seeking information on child care options, without charge, through
that
department's website: .
(a) The items listed in subsection (1)(a) to (c).
(b) The results of any monitoring inspections conducted in the
past 3 years and information on corrective actions taken, if
applicable.
(c) The results of any substantiated complaint investigations
conducted in the past 3 years and information on corrective actions
taken.
(3) The department shall inform the public, through press
releases
or other media avenues, of the information available in
the
database established under subsection (1) and how to access
that
database.as provided under
subsection (2).
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 all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 180.
(b) Senate Bill No. 181.
