Bill Text: MI SB1100 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Children; child care; applicants for child care licensing; require to comply with same standards as their employees. Amends secs. 1, 5, 5c, 5d & 9 of 1973 PA 116 (MCL 722.111 et seq.).
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Passed) 2010-12-29 - Assigned Pa 0379'10 With Immediate Effect [SB1100 Detail]
Download: Michigan-2009-SB1100-Engrossed.html
SB-1100, As Passed Senate, April 20, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1100
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 1, 5, 5c, 5d, and 9 (MCL 722.111, 722.115,
722.115c, 722.115d, and 722.119), section 1 as amended by 2009 PA
155, section 5 as amended by 2007 PA 218, section 5c as amended by
2006 PA 580, section 5d as added by 2005 PA 133, and section 9 as
added by 2002 PA 674.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "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.
(b) "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 mentally retarded 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).
(c) "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 16 or 17 years of age and
who are living in unlicensed residences as provided in section
5(4).
(d) "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.
(e) "Children's campsite" means the outdoor setting where a
children's residential or day camp is located.
(f) "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. A children's
therapeutic group home 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.
(g) "Child care center" or "day care center" means a facility,
other than a private residence, receiving 1 or more preschool or
school-age children 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 or day 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 or day 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.
(h) "Department" means the department of human services or a
successor agency or department responsible for licensure and
registration under this act.
(i) "Private home" means a private residence in which the
licensee or registrant permanently resides as a member of the
household, which residency is not contingent upon caring for
children or employment by a licensed or approved 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" is 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 family 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 family 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.
(j) "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.
(k) "Licensee" means a person, partnership, firm, corporation,
association, nongovernmental organization, or local or state
government child care organization that has been issued a license
under this act to operate a child care organization.
(l) "Provisional license" means a license issued to a child
care organization that is temporarily unable to conform to all of
the rules promulgated under this act.
(m) "Regular license" means a license issued to a child care
organization indicating that the organization is in compliance with
all rules promulgated under this act.
(n) "Guardian" means the guardian of the person.
(o) "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,
children's camp, foster family home, or foster family group home;
who becomes 18 years of age while residing in the child caring
institution, children's camp, foster family home, or foster family
group home; and who continues residing in the 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 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.
(iii) A person 18 years of age or older who is placed in a
foster family home under section 5(7).
(p) "Registrant" means a person who has been issued a
certificate of registration under this act to operate a family
child care home.
(q) "Registration" means the process by which the department
regulates family child care homes, and includes the requirement
that a family child care home certify to the department that the
family child care home has complied with and will continue to
comply with the rules promulgated under this act.
(r) "Certificate of registration" means a written document
issued under this act to a family child care home through
registration.
(s) "Related" means a parent, grandparent, brother, sister,
stepparent, stepsister, stepbrother, uncle, aunt, cousin, great
aunt, great uncle, or stepgrandparent related by marriage, blood,
or adoption.
(t) "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.
(u) "School-age child" means a child who is eligible to be
enrolled in a grade of kindergarten or above, but is less than 13
years of age.
(v) "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. 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.
(2) A facility or program for school-age children that is
currently operated and has been in operation and licensed or
approved as provided in this act for a minimum of 2 years may apply
to the department to be exempt from inspections and on-site visits
required under section 5. The department shall respond to a
facility or program requesting exemption from inspections and on-
site visits required under section 5 as provided under this
subsection within 45 days from the date the completed application
is received. The department may grant exemption from inspections
and on-site visits required under section 5 to a facility or
program that meets all of the following criteria:
(a) The facility or program has been in operation and licensed
or approved under this act for a minimum of 2 years immediately
preceding the application date.
(b) During the 2 years immediately preceding the application
date, the facility or program has not had a substantial violation
of this act, rules promulgated under this act, or the terms of a
licensure or an approval under this act.
(c) The school board, board of directors, or governing body
adopts a resolution supporting the application for exemption from
inspections and on-site visits required under section 5 as provided
for in this subsection.
(3) A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided under
subsection (2) is required to maintain status as a licensed or
approved program under this act and must continue to meet the
requirements of this act, the rules promulgated under this act, or
the terms of a license or approval under this act. A facility or
program granted exemption from inspections and on-site visits
required under section 5 as provided under subsection (2) is
subject to an investigation by the department if a violation of
this act or a violation of a rule promulgated under this act is
alleged.
(4) A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided under
subsection (2) is not subject to interim or annual licensing
reviews. A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided under
subsection (2) is required to submit documentation annually
demonstrating compliance with the requirements of this act, the
rules promulgated under this act, or the terms of a license or
approval under this act.
(5) An exemption provided under subsection (2) may be
rescinded by the department if the facility or program willfully
and substantially violates this act, the rules promulgated under
this act, or the terms of a license or approval granted under this
act.
Sec. 5. (1) A person, partnership, firm, corporation,
association, or nongovernmental organization shall not establish or
maintain a child care organization unless licensed or registered by
the department. Application for a license or certificate of
registration shall be made on forms provided, and in the manner
prescribed, by the department. Before issuing or renewing a
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 organization. If Except as
otherwise provided in this subsection, if the department is
satisfied as to the need for a child care organization, its
financial stability, the applicant's good moral character, and that
the services and facilities are conducive to the welfare of the
children, the department shall issue or renew the license. If a
county juvenile agency as defined in section 2 of the county
juvenile agency act, 1998 PA 518, MCL 45.622, certifies to the
department that it intends to contract with an applicant for a new
license, the department shall issue or deny the license within 60
days after it receives a complete application as provided in
section 5b. The department shall not issue a license to or renew a
license of an applicant if any of the following persons have been
convicted of child abuse under section 136b of the Michigan penal
code, 1931 PA 328, MCL 750.136b, or neglect under section 145 of
the Michigan penal code, 1931 PA 328, MCL 750.145:
(a) The individual applicant.
(b) The owner, partner, or director of the applying
organization, if other than an individual.
(2) The department shall issue a certificate of registration
to a person who has successfully completed an orientation session
offered by the department and who certifies to the department that
the family child care home has complied with and will continue to
comply with the rules promulgated under this act and will provide
services and facilities, as determined by the department, conducive
to the welfare of children. The department shall make available to
applicants for registration an orientation session regarding this
act, the rules promulgated under this act, and the needs of
children in family child care before issuing a certificate of
registration. The department shall issue a certificate of
registration to a specific person at a specific location. A
certificate of registration is nontransferable and remains the
property of the department. Within 90 days after initial
registration, the department shall make an on-site visit of the
family child care home.
(3) The department may authorize a licensed child placing
agency or an approved governmental unit to investigate a foster
family home or a foster family group home according to subsection
(1) and to certify that the foster family home or foster family
group home meets the licensing requirements prescribed by this act.
Before certifying to the department that a foster family home or
foster family group home meets the licensing requirements
prescribed by this act, the licensed child placing agency or
approved governmental unit shall receive and review a medical
statement for each member of the household indicating that he or
she does not have a known condition that would affect the care of a
foster child. The medical statement required under this section
shall be signed and dated by a physician licensed under article 15
of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,
a physician's assistant licensed under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838, or a
certified nurse practitioner licensed as a registered professional
nurse under part 172 of the public health code, 1978 PA 368, MCL
333.17201 to 333.17242, who has been issued a specialty
certification as a nurse practitioner by the board of nursing under
section 17210 of the public health code, 1978 PA 368, MCL
333.17210, within the 12 months immediately preceding the date of
the initial evaluation. This subsection does not require new or
additional third party reimbursement or worker's compensation
benefits for services rendered. A foster family home or a foster
family group home shall be certified for licensing by the
department by only 1 child placing agency or approved governmental
unit. Other child placing agencies may place children in a foster
family home or foster family group home only upon the approval of
the certifying agency or governmental unit.
(4) The department may authorize a licensed child placing
agency or an approved governmental unit to place a child who is 16
or 17 years of age in his or her own unlicensed residence, or in
the unlicensed residence of an adult who has no supervisory
responsibility for the child, if a child placing agency or
governmental unit retains supervisory responsibility for the child.
(5) A licensed child placing agency, child caring institution,
and an approved governmental unit shall provide the state court
administrative office and a local foster care review board
established under 1984 PA 422, MCL 722.131 to 722.139a, those
records requested pertaining to children in foster care placement
for more than 6 months.
(6) The department may authorize a licensed child placing
agency or an approved governmental unit to place a child who is 16
or 17 years old in 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, if a
licensed child placing agency or approved governmental unit retains
supervisory responsibility for the child and certifies to the
department all of the following:
(a) The placement is in the best interests of the child.
(b) The child's needs can be adequately met by the adult
foster care family home or small group home.
(c) The child will be compatible with other residents of the
adult foster care family home or small group home.
(d) The child placing agency or approved governmental unit
will periodically reevaluate the placement of a child under this
subsection to determine that the criteria for placement in
subdivisions (a) through (c) continue to be met.
(7) On an exception basis, the director of the department, or
his or her designee, may authorize a licensed child placing agency
or an approved governmental unit to place an adult in a foster
family home if a licensed child placing agency or approved
governmental unit certifies to the department all of the following:
(a) The adult is a person with a developmental disability as
defined by section 100a of the mental health code, 1974 PA 258, MCL
330.1100a, or a person who is otherwise neurologically disabled and
is also physically limited to a degree that requires complete
physical assistance with mobility and activities of daily living.
(b) The placement is in the best interests of the adult and
will not adversely affect the interests of the foster child or
children residing in the foster family home.
(c) The identified needs of the adult can be met by the foster
family home.
(d) The adult will be compatible with other residents of the
foster family home.
(e) The child placing agency or approved governmental unit
will periodically reevaluate the placement of an adult under this
subsection to determine that the criteria for placement in
subdivisions (a) through (d) continue to be met and document that
the adult is receiving care consistent with the administrative
rules for a child placing agency.
(8) On an exception basis, the director of the department, or
his or her designee, may authorize a licensed child placing agency
or an approved governmental unit to place a child in 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, if the licensed child placing
agency or approved governmental unit certifies to the department
all of the following:
(a) The placement is in the best interests of the child.
(b) The placement has the concurrence of the parent or
guardian of the child.
(c) The identified needs of the child can be met adequately by
the adult foster care family home or small group home.
(d) The child's psychosocial and clinical needs are compatible
with those of other residents of the adult foster care family home
or small group home.
(e) The clinical treatment of the child's condition is similar
to that of the other residents of the adult foster care family home
or small group home.
(f) The child's cognitive level is consistent with the
cognitive level of the other residents of the adult foster care
family home or small group home.
(g) The child is neurologically disabled and is also
physically
limited to such a degree as to require that requires
complete physical assistance with mobility and activities of daily
living.
(h) The child placing agency or approved governmental unit
will periodically reevaluate the placement of a child under this
subsection to determine that the criteria for placement in
subdivisions (a) to (g) continue to be met.
(9) Except as provided in subsection (1) and section 5b, the
department shall issue an initial or renewal license or
registration under this act for child care centers, group child
care homes, and family child care homes 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
any agency or department of this state. 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. This subsection does not affect the time period within
which an on-site visit to a family child care home shall be made.
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.
(10) 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.
(11) Except as provided in subsection (1) and section 5b, if
the department fails to issue or deny a license or registration 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 license or registration fee and shall reduce the license
or registration fee for the applicant's next renewal application,
if any, by 15%. Failure to issue or deny 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 the processing of an
application based on the fact that the application fee was refunded
or discounted under this subsection.
(12) If, on a continual basis, inspections performed by a
local health department delay the department in issuing or denying
licenses or registrations for child care centers, group day care
homes, and family child care homes under this act within the 6-
month period, the department may use department staff to complete
the inspections instead of the local health department causing the
delays.
(13)
Beginning October 1, 2008, the The
director of the
department shall submit a report by December 1 of each year to the
standing committees and appropriations subcommittees of the senate
and house of representatives concerned with human services and
children's issues. The director shall include all of the following
information regarding applications for licenses and registrations
only for child care centers, group child care homes, and family
child care homes filed under this act in the report concerning the
preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 6-month time period
described in subsection (9).
(b) The number of applications requiring a request for
additional information.
(c) The number of applications rejected.
(d) The number of licenses and registrations not issued within
the 6-month period.
(e) The average processing time for initial and renewal
licenses and registrations granted after the 6-month period.
(14) Except as provided in section 5c(8), the department shall
not
issue to or renew the license of a child care center or day
care
center organization under this act without requesting a
criminal history check and criminal records check as required by
section 5c. If a criminal history check or criminal records check
performed under section 5c or information obtained as a result of
notification from the department of state police under section 5k
reveals that an applicant for a license under this act has been
convicted of a listed offense, the department shall not issue a
license to that applicant. If a criminal history check or criminal
records check performed under section 5c or information obtained as
a result of notification from the department of state police under
section 5k reveals that an applicant for renewal of a license under
this act has been convicted of a listed offense, the department
shall not renew that license. If a criminal history check or
criminal records check performed under section 5c or information
obtained as a result of notification from the department of state
police under section 5k reveals that a current licensee has been
convicted of a listed offense, the department shall revoke the
license of that licensee.
(15) Except as provided in section 5f(13), the department
shall not issue or renew a certificate of registration to a family
child care home or a license to a group child care home under this
act without requesting a criminal history check and criminal
records check as required by sections 5f and 5g. If a criminal
history check or criminal records check performed under section 5f
or 5g or information obtained as a result of notification from the
department of state police under section 5k reveals that an
applicant for a certificate of registration or license under this
act or a person over 18 years of age residing in that applicant's
home has been convicted of a listed offense, the department shall
not issue a certificate of registration or license to that
applicant. If a criminal history check or criminal records check
performed under section 5f or 5g or information obtained as a
result of notification from the department of state police under
section 5k reveals that an applicant for renewal of a certificate
of registration or license under this act or a person over 18 years
of age residing in that applicant's home has been convicted of a
listed offense, the department shall not renew a certificate of
registration or license to that applicant. If a criminal history
check or criminal records check performed under section 5f or 5g or
information obtained as a result of notification from the
department of state police under section 5k reveals that a current
registrant or licensee under this act or a person over 18 years of
age residing in that registrant's or licensee's home has been
convicted of a listed offense, the department shall revoke that
registrant's certificate of registration or licensee's license.
(16) Except as provided in section 5h(7), the department shall
not issue or renew a license to operate a foster family home or
foster family group home under this act without requesting a
criminal history check and criminal records check as required by
sections 5h and 5j. If a criminal history check or criminal records
check performed under section 5h or 5j or information obtained as a
result of notification from the department of state police under
section 5k reveals that an applicant for a license to operate a
foster family home or foster family group home under this act or a
person over 18 years of age residing in that applicant's home has
been convicted of a listed offense, the department shall not issue
a license to that applicant. If a criminal history check or
criminal records check performed under section 5h or 5j or
information obtained as a result of notification from the
department of state police under section 5k reveals that an
applicant for renewal of a license to operate a foster family home
or foster family group home under this act or a person over 18
years of age residing in that applicant's home has been convicted
of a listed offense, the department shall not renew a license to
that applicant. If a criminal history check or criminal records
check performed under section 5h or 5j or information obtained as a
result of notification from the department of state police under
section 5k reveals that a current licensee under this act of a
foster family home or foster family group home or a person over 18
years of age residing in that licensee's foster family home or
foster family group home has been convicted of a listed offense,
the department shall revoke that licensee's license.
(17) As used in this section:
(a) "Completed application" means an application complete on
its face and submitted with any applicable licensing or
registration 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, 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) "Good moral character" means that term as defined in and
determined under 1974 PA 381, MCL 338.41 to 338.47.
(c) "Member of the household" means any individual, other than
a foster child, who resides in a foster family home or foster
family group home on an ongoing or recurrent basis.
Sec. 5c. (1) Except as provided in subsection (8), when a
person , or partnership, or licensee designee if the applicant is a
limited liability corporation, firm, corporation, association, or
nongovernmental organization applies for or applies to renew a
license
for a child care center or day care center organization
under section 5, the department shall request the department of
state
police to perform both of the following on the person, or
each
partner, officer, or manager of the child care center or day
care
center applying for the license licensee
designee, chief
administrator, and program director of a child care organization:
(a) Conduct a criminal history check on the person.
(b) Conduct a criminal records check through the federal
bureau of investigation on the person.
(2) Except as provided in subsection (7), each person applying
for
a license to operate a child care center or day care center
organization shall give written consent at the time of the license
application for the department of state police to conduct the
criminal history check and criminal records check required under
this section. The department shall require the person to submit his
or her fingerprints to the department of state police for the
criminal history check and criminal records check described in
subsection (1).
(3) The department shall request a criminal history check and
criminal records check required under this section on a form and in
the manner prescribed by the department of state police.
(4) Within a reasonable time after receiving a complete
request by the department for a criminal history check on a person
under this section, the department of state police shall conduct
the criminal history check and provide a report of the results to
the department. The report shall contain any criminal history
record information on the person maintained by the department of
state police.
(5) Within a reasonable time after receiving a proper request
by the department for a criminal records check on a person under
this section, the department of state police shall initiate the
criminal records check. After receiving the results of the criminal
records check from the federal bureau of investigation, the
department of state police shall provide a report of the results to
the department.
(6) The department of state police may charge the department a
fee for a criminal history check or a criminal records check
required under this section that does not exceed the actual and
reasonable cost of conducting the check. The department may pass
along to the licensee or applicant the actual cost or fee charged
by the department of state police for performing a criminal history
check or a criminal records check required under this section.
(7) When a person, partnership, firm, corporation,
association, or nongovernmental organization applies for or renews
a license under section 5 for a child care center or day care
center that is established and operated by an intermediate school
board, the board of a local school district, or by the board or
governing body of a state-approved nonpublic school, the criminal
history check and criminal records check required under subsection
(1) shall be performed in compliance with the provisions of
sections 1230 to 1230h of the revised school code, 1976 PA 451, MCL
380.1230 to 380.1230h. Before issuing or renewing a license to a
child care center or day care center described in this subsection,
the department shall verify that the intermediate school board, the
board of a local school district, or the board or governing body of
a state-approved nonpublic school has obtained the required
criminal history checks and criminal records checks.
(8)
Beginning January 1, 2006, if If
a person, partnership,
firm,
corporation, association, or nongovernmental organization
licensee designee, chief administrator, or program director of a
child care organization applying to renew a license to operate a
child
care center or day care center organization
has previously
undergone a criminal history check and criminal records check
required under subsection (1) and has remained continuously
licensed after the criminal history check and criminal records
check
have been performed, that person, partnership, firm,
corporation,
association, or nongovernmental organization licensee
designee, chief administrator, or program director of a child care
organization is not required to submit to another criminal history
check or criminal records check upon renewal of the license
obtained under section 5.
(9) As used in this section and sections 5, 5d, 5e, 5f, and
5g:
(a) "Criminal history record information" means that term as
defined in section 1a of 1925 PA 289, MCL 28.241a.
(b) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
Sec.
5d. (1) Before a child care center or day care center
organization makes an offer of employment to a person or allows a
person to regularly and continuously work under contract at the
child
care center or day care center organization, the child care
center
or day care center organization
shall perform a criminal
history check on that person using the department of state police's
internet criminal history access tool (ICHAT) or equivalent check
on that person from the state or province of residence.
(2) If a search of the department of state police's ICHAT or
equivalent check on the person from the state or province of
residence reveals that the person described in subsection (1) has
been
convicted of a listed offense, the child care center or day
care
center organization shall not make an offer of employment to
that person or allow that person to regularly and continuously work
under
contract at the child care center or day care center
organization. If a search of the department of state police's ICHAT
reveals that a current employee has been convicted of a listed
offense,
the child care center or day care center organization
shall not continue to employ that person. If a search of the
department of state police's ICHAT or equivalent check on that
person from the state or province of residence reveals that a
person who regularly and continuously works under contract at the
child
care center or day care center organization
has been
convicted
of a listed offense, the child care center or day care
center
organization shall not allow that person to regularly or
continuously
work under contract at the child care center or day
care
center organization.
(3) Not later than 1 year after the effective date of the 2010
amendatory
act that added amended this section, the child care
center
or day care center organization
shall conduct a criminal
history check on all current employees using the department of
state police's ICHAT or equivalent check on the person from the
state or province of residence.
(4)
A child care center or day care center organization may
pass along the actual cost of a search of the department of state
police's ICHAT or equivalent check on that person from the state or
province of residence to the employee or applicant on whom the
search is being performed.
Sec.
9. (1) A staff member licensee
or registrant, adult
household member, licensee designee, chief administrator, or
program director of a child care organization shall not be present
in
a child care center, child caring institution, or child placing
agency
organization if he or she has been convicted of either of
the following:
(a)
Child abuse or child neglect under
section 136b of the
Michigan penal code, 1931 PA 328, MCL 750.136b, or neglect under
section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145.
(b) A felony involving harm or threatened harm to an
individual within the 10 years immediately preceding the date of
hire or appointment.
(2) A staff member or unsupervised volunteer shall not have
unsupervised
contact with children who are in
the care of a child
care
center, child caring institution, or child placing agency
organization if he or she has been convicted of either of the
following:
(a)
Child abuse or child neglect under
section 136b of the
Michigan penal code, 1931 PA 328, MCL 750.136b, or neglect under
section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145.
(b) A felony involving harm or threatened harm to an
individual within the 10 years immediately preceding the date of
offering
to volunteer at the child care center, child caring
institution,
or child placing agency hire
or appointment.
(3)
Before a Except as
provided in subsection (5), a licensee,
registrant, adult household member, licensee designee, chief
administrator, staff member, or unsupervised volunteer may not have
contact
with a child who is in the care of a child care center,
child
caring institution, or child placing agency, organization,
until the licensee, registrant, adult household member, licensee
designee,
chief administrator, staff member, or
volunteer shall
provide
provides the child care center, child caring institution,
or
child placing agency organization
with documentation from the
family
independence agency department
that he or she has not been
named in a central registry case as the perpetrator of child abuse
or
child neglect. For individuals who are employed by or volunteer
at
a Upon request by the
department, the licensee, registrant,
adult household member, licensee designee, chief administrator,
staff member, or unsupervised volunteer shall provide the
department with an updated authorization for central registry
clearance. If an updated central registry clearance documents that
a licensee, registrant, adult household member, licensee designee,
chief administrator, staff member, or unsupervised volunteer is
named as a perpetrator in a central registry case, he or she may
not
be present in the child care organization. A child care center,
child
caring institution, or child placing agency, the child care
center,
child caring institution, or child placing agency
organization shall comply with this subsection not later than the
date
on which that child care center's, child caring institution's,
or
child placing agency's organization's
license or certificate of
registration is issued or first renewed after the effective date of
the
2010 amendatory act that added amended this
section. As used in
this subsection, "child abuse" and "child neglect" mean those terms
as defined in section 2 of the child protection law, 1975 PA 238,
MCL 722.622.
(4)
Each child care center, child caring institution, or child
placing
agency organization shall establish and maintain a policy
regarding supervision of volunteers including volunteers who are
parents
of a child receiving care at the child care center, child
caring
institution, or child placing agency organization.
(5) Staff members or unsupervised volunteers in children's
camps or children's campsites who are 21 years of age or older may
not have contact with a child who is in the care of a children's
camp until the staff member or volunteer provides the children's
camp with documentation from the department that he or she has not
been named in a central registry case as the perpetrator of child
abuse or child neglect.
