This is our starting text

HB-5110, As Passed Senate, October 20, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5110

A bill to amend 1973 PA 116, entitled

"An act to provide for the protection of children through the

licensing and regulation of child care organizations; to provide

for the establishment of standards of care for child care

organizations; to prescribe powers and duties of certain

departments of this state and adoption facilitators; to provide

penalties; and to repeal acts and parts of acts,"

by amending section 1 (MCL 722.111), as amended by 2002 PA 696.

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 the

receiving of 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, child care centers, day care centers, nursery

schools, parent cooperative preschools, foster homes, group homes,

or day 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 ~~pursuant to~~ 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

~~pursuant to~~ 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

House Bill No. 5110 as amended October 20, 2005

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 ~~pursuant to~~ under section 5(6).

or an agency organized ~~pursuant to~~ 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 ~~school-age~~ children, apart

from the children's parents, relatives, or legal guardians, for 5

or more days in a 14-day period.<< ~~A children's camp provides care~~

~~and supervision for the same group of children for usually not more~~

~~than 12 weeks.~~>>

(e) "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, and 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 cared for not more than 3 hours while persons

responsible for the children are attending religious services.

(iii) ~~Beginning July 1, 2003, a facility or program for school-~~

~~age children that is operated at a school by a public school or by~~

~~a person or entity with whom a public school contracts for~~

~~services, in accordance with section 1285a(2) of the revised school~~

~~code, 1976 PA 451, MCL 380.1285a, if that facility or program has~~

~~been granted an exemption under subsection (2).~~ 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.

(f) "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 day care home, or a

family day 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 ~~pursuant to~~ 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 or

legal guardian.

(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 ~~pursuant to~~ 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 or legal guardian.

(iii) "Family day care home" means a private home in which 1 but

fewer than 7 minor children are received for 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. Family day care home

includes a home in which care is given to an unrelated minor child

for more than 4 weeks during a calendar year.

(iv) "Group day 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 day

care home includes a home in which care is given to an unrelated

minor child for more than 4 weeks during a calendar year.

(g) "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.

(h) "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.

(i) "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.

(j) "Guardian" means the guardian of the person.

(k) "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.

However, 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

pursuant to 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.

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).

(l) "Registrant" means a person who has been issued a

certificate of registration under this act to operate a family day

care home.

(m) "Registration" means the process by which the department

of ~~consumer and industry~~ human services regulates family day care

homes, and includes the requirement that a family day care home

certify to the department of human services that the family day

care home has complied with and will continue to comply with the

rules promulgated under this act.

(n) "Certificate of registration" means a written document

issued under this act to a family day care home through

registration.

(o) "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.

(p) "Religious organization" means 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.

(q) "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.

(2) A facility or program for school-age children that is

~~operated at a school by a public school or by a person or entity~~

~~with whom a public school contracts for services and that~~

currently operated and has been in operation and licensed or

approved as provided in this act for a minimum of 4 2 years may

apply to the department of ~~consumer and industry~~ human services

to be exempt from ~~this act~~ inspections and on-site visits

required under section 5. The department of ~~consumer and industry~~

human services 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 of

~~consumer and industry~~ human services may ~~exempt from this act~~

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 4 2 years before the

application date.

(b) During the 4 2 years before 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.

body adopts a resolution supporting the application for exemption

~~described~~ 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 for 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 for under subsection (2) is

subject to an investigation by the department of human services

when 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 for 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 for 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 of human services 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.