SB-0097, As Passed Senate, February 13, 2007
January 25, 2007, Introduced by Senator HARDIMAN and referred to the Committee on Families and Human 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,"
(MCL 722.111 to 722.128) by adding sections 3f and 5h.
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).
Senate Bill No. 97 as amended February 13, 2007
(5) The department shall make the information provided in
subsection (4) available to the public on the department website.
(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. 5h. 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.