HOUSE BILL No. 5208 September 30, 1997, Introduced by Reps. Gustafson, Brackenridge, Rhead, Hammerstrom, Gilmer, Cropsey, Jelinek, Horton, Harder, McBryde, Green and Richner and referred to the Committee on Human Services and Children. 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 organi- zations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 1 (MCL 722.111), as amended by 1994 PA 205. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. As used in this act: 2 (a) "Child care organization" means a governmental or non- 3 governmental organization having as its principal function the 4 receiving of minor children for care, maintenance, training, and 5 supervision, notwithstanding that educational instruction may be 6 given. Child care organization includes organizations commonly 7 described as child caring institutions, child placing agencies, 8 children's camps, child care centers, day care centers, nursery 03411'97 CPD 2 1 schools, parent cooperative preschools, foster homes, group 2 homes, or day care homes. Child care organization does not 3 include a governmental or nongovernmental organization that does 4 either of the following: 5 (i) Provides care exclusively to minors who have been eman- 6 cipated by court order pursuant to section 4(3) ofAct No. 2937of the Public Acts of 1968, being section 722.4 of the Michigan8Compiled Laws1968 PA 293, MCL 722.4. 9 (ii) Provides care exclusively to persons who are 18 years 10 of age or older and to minors who have been emancipated by court 11 order pursuant to section 4(3) ofAct No. 293 of the Public Acts12of 19681968 PA 293, MCL 722.4, at the same location. 13 (b) "Child caring institution" means a child care facility 14 that is organized for the purpose of receiving minor children for 15 care, maintenance, and supervision, usually on a 24-hour basis, 16 in buildings maintained by the CHILD CARING institution for that 17 purpose, and operates throughout the year. An educational pro- 18 gram may be provided, but the educational program shall not be 19 the primary purpose of the facility. Child caring institution 20 includes a maternity home for the care of unmarried mothers who 21 are minors and an agency group home, which is described as a 22 small child caring institution owned, leased, or rented by a 23 licensed agency providing care for more than 4 but less than 13 24 minor children. Child caring institution also includes institu- 25 tions for mentally retarded or emotionally disturbed minor 26 children. Child caring institution does not include a hospital, 27 nursing home, or home for the aged licensed under article 17 of 03411'97 3 1 the public health code,Act No. 368 of the Public Acts of 1978,2as amended, being sections 333.20101 to 333.22260 of the Michigan3Compiled Laws1978 PA 368, MCL 333.20101 TO 333.22260, a board- 4 ing school licensed under section 1335 of the REVISED school 5 code,of 1976, Act No. 451 of the Public Acts of 1976, being6section 380.1335 of the Michigan Compiled Laws1976 PA 451, MCL 7 380.1335, a hospital or facility operated by the state or 8 licensed under the mental health code,Act No. 258 of the Public9Acts of 1974, as amended, being sections 330.1001 to 330.2106 of10the Michigan Compiled Laws1974 PA 258, MCL 330.1001 TO 11 330.2106, or an adult foster care family home or an adult foster 12 care small group home licensed under the adult foster care facil- 13 ity licensing act,Act No. 218 of the Public Acts of 1979, being14sections 400.701 to 400.737 of the Michigan Compiled Laws1979 15 PA 218, MCL 400.701 TO 400.737, in which a child has been placed 16 pursuant to section 5(6). 17 (c) "Child placing agency" means a governmental organization 18 or an agency organized pursuant to the nonprofit corporation act, 19Act No. 162 of the Public Acts of 1982, being sections 450.210120to 450.3192 of the Michigan Compiled Laws1982 PA 162, MCL 21 450.2101 TO 450.3192, for the purpose of receiving children for 22 their placement in private family homes for foster care or for 23 adoption. The function of a child placing agency may include the 24 investigation of applicants for adoption and the investigation 25 and certification of foster family homes and foster family group 26 homes as provided in this act. The function of a child placing 27 agency may also include the supervision of children who are 16 or 03411'97 4 1 17 years of age and who are living in unlicensed residences as 2 provided in section 5(4). 3 (d) "Children's camp" means a residential, day, troop, or 4 travel camp conducted in a natural environment for more than 4 5 school-age children, apart from their parents, relatives, or 6 legal guardians, for 5 or more days in a 14-day period. A 7 children's camp provides care and supervision for the same group 8 of children for usually not more than 12 weeks. 9 (e) "Child care center" or "day care center" means a facili- 10 ty, other than a privateresidenceHOME, receiving14 or 11 morepreschool or school-ageUNRELATED children UNDER THE AGE 12 OF 13 for care for periods of MORE THAN 2 HOURS BUT less than 24 13 hours a day, MORE THAN 1 DAY PER WEEK, AND MORE THAN 6 WEEKS IN A 14 12-MONTH PERIOD, and where the parents or guardians ARE OFF THE 15 PREMISES OF THE FACILITY AND are not immediately available to the 16 child.Child care center or day care center includes a facility17that provides care for not less than 2 consecutive weeks, regard-18less of the number of hours of care per day.The facility is 19 generally described as a child care center, day care center, day 20 nursery, nursery school, parent cooperative preschool, play 21 group, or drop-in center. Child care center or day care center 22 does not includeany1 OR MORE of the following: 23 (i) A Sunday school, a vacation bible school, or a religious 24 instructional class that is conducted by a religious organization 25 where children are in attendance for not more than 3 hours per 26 day for an indefinite period, or not more than 8 hours per day 27 for a period not to exceed 4 weeks during a 12-month period. 03411'97 5 1 (ii) A facility operated by a religious organization where 2 children are cared for not more than 3 hours while persons 3 responsible for the children are attending religious services. 4 (iii) A FACILITY OR PROGRAM IN WHICH ALL OF THE CHILDREN 5 RECEIVING CARE ARE FROM THE SAME IMMEDIATE FAMILY. 6 (iv) A FACILITY OR PROGRAM OPERATED BY A PUBLIC SCHOOL IN A 7 SCHOOL BUILDING APPROVED FOR PUBLIC SCHOOL USE FOR SCHOOL-AGE 8 CHILDREN AND PART-DAY PRESCHOOL CHILDREN 2-1/2 TO 5 YEARS OF AGE. 9 (F) "PREMISES" MEANS A BUILDING IN WHICH A FACILITY REGU- 10 LATED UNDER THIS ACT IS LOCATED AND THE SURROUNDING REAL PROPERTY 11 UPON WHICH THE BUILDING IS LOCATED AND THAT IS OWNED OR LEASED BY 12 THE OWNER OR LESSEE OF THE BUILDING. 13 (G)(f)"Private home" means a private residence in which 14 the licensee or registrant permanently resides as a member of the 15 household, which residency is not contingent upon caring for 16 children or employment by a licensed or approved child placing 17 agency. Private home includes a full-time foster family home, a 18 full-time foster family group home, a group day care home, or a 19 family day care home, as follows: 20 (i) "Foster family home" is a private home in which 1 but 21 not more than 4 minor children, who are not related to an adult 22 member of the household by blood or marriage, or who are not 23 placed in the household pursuant to the adoption code, chapter X 24 ofAct No. 288 of the Public Acts of 1939, being sections 710.2125to 710.70 of the Michigan Compiled Laws1939 PA 288, MCL 710.21 26 TO 710.70, are given care and supervision for 24 hours a day, for 03411'97 6 1 4 or more days a week, for 2 or more consecutive weeks, 2 unattended by a parent or legal guardian. 3 (ii) "Foster family group home" means a private home in 4 which more than 4 but fewer than 7 minor children, who are not 5 related to an adult member of the household by blood or marriage, 6 or who are not placed in the household pursuant to chapter X of 7Act No. 288 of the Public Acts of 19391939 PA 288, MCL 710.21 8 TO 710.70, are provided care for 24 hours a day, for 4 or more 9 days a week, for 2 or more consecutive weeks, unattended by a 10 parent or legal guardian. 11 (iii) "Family day care home" means a private home in which 121MORE THAN 3 but fewer than 7 UNRELATED minor children UNDER 13 THE AGE OF 13 are received for care and supervision for periods 14 of MORE THAN 2 HOURS BUT less than 24 hours a day, unattended by 15 a parent or legal guardian, except children related to an adult 16 member of the family THAT RESIDES IN THE PRIVATE HOME by blood, 17 marriage, or adoption. Family day care home includes a PRIVATE 18 homethat givesIN WHICH care IS GIVEN to an unrelated minor 19 child FOR MORE THAN 1 DAY PER WEEK AND for more than46 weeks 20 during a calendar year. 21 (iv) "Group day care home" means a private home in which 22 more than 6 but not more than 12 UNRELATED minor children are 23 given care and supervision for periods of MORE THAN 2 HOURS BUT 24 less than 24 hours a day unattended by a parent or legal guardi- 25 an, except children related to an adult member of the family THAT 26 RESIDES IN THE PRIVATE HOME by blood, marriage, or adoption. 27 Group day care home includes a PRIVATE homethat givesIN WHICH 03411'97 7 1 care IS GIVEN to an unrelated minor child FOR MORE THAN 1 DAY PER 2 WEEK AND for more than46 weeks during a calendar year. 3 (H)(g)"Licensee" means a person, partnership, firm, cor- 4 poration, association, nongovernmental organization, or local or 5 state government child care organization that has been issued a 6 license UNDER THIS ACT to operate a child care organization. 7 (I)(h)"Provisional license" means a license issued to a 8 child care organization that is temporarily unable to conform to 9 all of the rules promulgated under this act. 10 (J)(i)"Regular license" means a license issued to a 11 child care organization indicating that the organization is in 12 compliance with all rules promulgated under this act. 13 (K)(j)"Guardian" means the guardian of the person. 14 (l)(k)"Minor child" meansany1 OR MORE of the 15 following: 16 (i) A person less than 18 years of age. 17 (ii) A person who is a resident in a child caring institu- 18 tion, children's camp, foster family home, or foster family group 19 home; who becomes 18 years of age while residing in the child 20 caring institution, CHILDREN'S camp, FOSTER FAMILY HOME, or 21 FOSTER FAMILY GROUP home; and who continues residing in the CHILD 22 CARING institution, CHILDREN'S camp, FOSTER FAMILY HOME, or 23 FOSTER FAMILY GROUP home to receive care, maintenance, training, 24 and supervision. This subparagraph applies only if the number of 25 those residents who become 18 years of age does not exceed the 26 following: 03411'97 8 1 (A) Two, if the total number of residents is 10 or fewer. 2 (B) Three, if the total number of residents is not less than 3 11 and not more than 14. 4 (C) Four, if the total number of residents is not less than 5 15 and not more than 20. 6 (D) Five, if the total number of residents is 21 or more. 7 (iii) A person 18 years of age or older who is placed in a 8 foster family home under section 5(7). 9 (M)(l)"Registrant" means a person who has been issued a 10 certificate of registration to operate a family day care home. 11 (N)(m)"Registration" means the process by which the 12 department ofsocialCONSUMER AND INDUSTRY services regulates 13 family day care homes, which process requires that a family day 14 care home certify to the department that the family day care home 15 has complied with and will continue to comply with the rules 16 promulgated under this act. 17 (O)(n)"Certificate of registration" means a written doc- 18 ument issued to a family day care home through registration. 19 (P)(o)"Related" means a parent, grandparent, brother, 20 sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin, 21 great aunt, great uncle, or stepgrandparent related by marriage, 22 blood, or adoption. 23 (Q)(p)"Religious organization" means church, ecclesias- 24 tical corporation, or group, not organized for pecuniary profit, 25 that gathers for mutual support and edification in piety or wor- 26 ship of a supreme deity. 03411'97 Final page. 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