August 31, 2005, Introduced by Rep. Kooiman and referred to the Committee on Family and Children Services.
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
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 section 5(6).
(c) "Child placing agency" means a governmental organization
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 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 training. For the purposes of this subparagraph,
subparagraph (iv), and subsection (2), "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.
(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 child is engaged in the group athletic or social
activities and if the child can come and go as he or she pleases.
(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.
(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).
(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.
(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
for a minimum of 4 2
years may apply to the department
of consumer
and industry human services
to be exempt from this
act
for deemed status. The department of consumer and industry
human services shall respond to a facility or program requesting
exemption
deemed status 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 deemed status 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 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.
(c)
The school board, or board of directors, or governing
body
adopts a resolution supporting the
application for exemption
deemed status described in this subsection.
(3) A facility or program granted deemed status under
subsection (2) is required to maintain status as a licensed or
approved program 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
deemed status under subsection (2) is subject to special
investigation by the department of human services when a rule or
act violation is alleged.
(4) A facility or program granted deemed status under
subsection (2) is not subject to interim or annual licensing
reviews. A facility or program granted deemed status 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) Deemed status may be rescinded by the department of human
services if substantial violations of this act, the rules
promulgated under this act, or the terms of a license or approval
are substantiated.