SB-0097, As Passed House, February 14, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 97

     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,"

(MCL 722.111 to 722.128) by adding sections 3f and 5l.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3f. (1) Except as provided in subsection (6), within 24

hours after a child care organization receives notice that a

special investigation that the department classifies as high risk

is being conducted, the child care organization shall make a good

faith effort to make oral notification to each parent or legal

guardian of 1 or more of the following:

     (a) Children who were under the child care organization's care

at the site and the time the incident being investigated occurred.

     (b) If the individual being investigated is still present at

the child care organization at the time of the investigation,

children who have or will come into contact with the individual

being investigated as long as that individual is present at the

child care organization.

     (2) The child care organization shall send written

notification within 1 business day after the initial good faith

attempt under subsection (1) at oral notification. For the purpose

of this subsection, written notification shall be given by 1 of the

following:

     (a) Mail service.

     (b) Facsimile transmission.

     (c) Electronic mail.

     (3) If the department determines that a child care

organization is not complying with either notification requirement

in subsection (1) or (2), the department may suspend the child care

organization's license issued under this act pending review.

     (4) If, upon completion of the special investigation described

in subsection (1), the department makes a determination that there

are no substantiated rule violations, the department shall provide

the child care organization with written notification of that

determination that the child care organization may share with the

parents or legal guardians of the children in the child care

organization's care who received the notification required under

subsections (1) and (2).

     (5) The department shall make the information provided in

subsection (4) available to the public on the department website.

Senate Bill No. 97 (H-1) as amended February 14, 2008

     (6) This section does not apply to a child caring institution,

child placing agency, foster family home, or foster family group

home.

     (7) For the purpose of this section, "special investigation

that the department classifies as high risk" means an investigation

in which the department becomes aware that 1 or more of the

conditions listed in section 8(3)(a) to (c) of the child protection

law, 1975 PA 238, MCL 722.628, exist.

     Sec. 5l. A person who intentionally makes a false report to the

department regarding a child care organization that causes the

department to initiate a special investigation for which the child

care organization is required to send notice under section 3f is

guilty of a crime as follows:

     (a) If the incident reported would not constitute a crime or

would constitute a misdemeanor if the report were true, the person

is guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or a fine of not more than $100.00, or both.

     (b) If the incident reported would constitute a felony if the

report were true, the person is guilty of a felony punishable by

the lesser of the following:

     (i) The penalty for the incident falsely reported.

     (ii) Imprisonment for not more than 4 years or a fine of not

more than $5,000.00, or both.

[Enacting section 1. This amendatory act takes effect June 1, 2008.]