Bill Text: MI SB0489 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Children; other; safe families home; exclude from foster home definition. Amends sec. 1 of 1973 PA 116 (MCL 722.111) TIE BAR WITH: SB 0490'17, SB 0797'18, SB 0798'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-21 - Assigned Pa 0431'18 With Immediate Effect [SB0489 Detail]
Download: Michigan-2017-SB0489-Engrossed.html
SB-0489, As Passed House, December 13, 2018
SB-0489, As Passed Senate, February 22, 2018
SUBSTITUTE FOR
SENATE BILL NO. 489
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.amended), 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:
(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, 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, 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, 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, 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.
(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 all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 490.
(b) Senate Bill No. 797.
(c) Senate Bill No. 798.
