March 20, 2007, Introduced by Rep. Schuitmaker and referred to the Committee on Families and Children's 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 sections 5 and 5e (MCL 722.115 and 722.115e), section 5
as amended by 2006 PA 580 and section 5e as added by 2005 PA 133,
and by adding sections 5h and 5i.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) A person, partnership, firm, corporation,
association, or nongovernmental organization shall not establish or
maintain a child care organization unless licensed or registered by
the department. Application for a license or certificate of
registration shall be made on forms provided, and in the manner
prescribed, by the department. Before issuing or renewing a
license, the department shall investigate the applicant's
activities and proposed standards of care and shall make an on-site
visit of the proposed or established organization. If the
department is satisfied as to the need for a child care
organization, its financial stability, the applicant's good moral
character, and that the services and facilities are conducive to
the welfare of the children, the department shall issue or renew
the license. If a county juvenile agency as defined in section 2 of
the county juvenile agency act, 1998 PA 518, MCL 45.622, certifies
to the department that it intends to contract with an applicant for
a new license, the department shall issue or deny the license
within 60 days after it receives a complete application as provided
in section 5b.
(2) The department shall issue a certificate of registration
to a person who has successfully completed an orientation session
offered by the department and who certifies to the department that
the family day care home has complied with and will continue to
comply with the rules promulgated under this act and will provide
services and facilities, as determined by the department, conducive
to the welfare of children. The department shall make available to
applicants
for registration an orientation session to applicants
for
registration regarding this act,
the rules promulgated under
this act, and the needs of children in family day care before
issuing a certificate of registration. The department shall issue a
certificate of registration to a specific person at a specific
location. A certificate of registration is nontransferable and
remains the property of the department. Within 90 days after
initial registration, the department shall make an on-site visit of
the family day care home.
(3) The department may authorize a licensed child placing
agency or an approved governmental unit to investigate a foster
family home or a foster family group home according to subsection
(1) and to certify that the foster family home or foster family
group home meets the licensing requirements prescribed by this act.
Before certifying to the department that a foster family home or
foster family group home meets the licensing requirements
prescribed by this act, the licensed child placing agency or
approved governmental unit shall receive and review a medical
statement for each member of the household indicating that he or
she does not have a known condition that would affect the care of a
foster child. The medical statement required under this section
shall be signed and dated by a physician licensed under article 15
of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,
a physician's assistant licensed under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838, or a
certified nurse practitioner licensed as a registered professional
nurse under part 172 of the public health code, 1978 PA 368, MCL
333.17201 to 333.17242, who has been issued a specialty
certification as a nurse practitioner by the board of nursing under
section 17210 of the public health code, 1978 PA 368, MCL
333.17210, within the 12 months immediately preceding the date of
the initial evaluation. This subsection does not require new or
additional third party reimbursement or worker's compensation
benefits for services rendered. A foster family home or a foster
family group home shall be certified for licensing by the
department by only 1 child placing agency or approved governmental
unit. Other child placing agencies may place children in a foster
family home or foster family group home only upon the approval of
the certifying agency or governmental unit.
(4) The department may authorize a licensed child placing
agency or an approved governmental unit to place a child who is 16
or 17 years of age in his or her own unlicensed residence, or in
the unlicensed residence of an adult who has no supervisory
responsibility for the child, if a child placing agency or
governmental unit retains supervisory responsibility for the child.
(5) A licensed child placing agency, child caring institution,
and an approved governmental unit shall provide the state court
administrative office and a local foster care review board
established under 1984 PA 422, MCL 722.131 to 722.139a, those
records requested pertaining to children in foster care placement
for more than 6 months.
(6) The department may authorize a licensed child placing
agency or an approved governmental unit to place a child who is 16
or 17 years old in 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, if a
licensed child placing agency or approved governmental unit retains
supervisory responsibility for the child and certifies to the
department all of the following:
(a) The placement is in the best interests of the child.
(b) The child's needs can be adequately met by the adult
foster care family home or small group home.
(c) The child will be compatible with other residents of the
adult foster care family home or small group home.
(d) The child placing agency or approved governmental unit
will periodically reevaluate the placement of a child under this
subsection to determine that the criteria for placement in
subdivisions (a) through (c) continue to be met.
(7) On an exception basis, the director of the department, or
his or her designee, may authorize a licensed child placing agency
or an approved governmental unit to place an adult in a foster
family home if a licensed child placing agency or approved
governmental unit certifies to the department all of the following:
(a) The adult is a person with a developmental disability as
defined by section 100a of the mental health code, 1974 PA 258, MCL
330.1100a, or a person who is otherwise neurologically disabled and
is also physically limited to a degree that requires complete
physical assistance with mobility and activities of daily living.
(b) The placement is in the best interests of the adult and
will not adversely affect the interests of the foster child or
children residing in the foster family home.
(c) The identified needs of the adult can be met by the foster
family home.
(d) The adult will be compatible with other residents of the
foster family home.
(e) The child placing agency or approved governmental unit
will periodically reevaluate the placement of an adult under this
subsection to determine that the criteria for placement in
subdivisions (a) through (d) continue to be met and document that
the adult is receiving care consistent with the administrative
rules for a child placing agency.
(8) On an exception basis, the director of the department, or
his or her designee, may authorize a licensed child placing agency
or an approved governmental unit to place a child in 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, if the licensed child placing
agency or approved governmental unit certifies to the department
all of the following:
(a) The placement is in the best interests of the child.
(b) The placement has the concurrence of the parent or
guardian of the child.
(c) The identified needs of the child can be met adequately by
the adult foster care family home or small group home.
(d) The child's psychosocial and clinical needs are compatible
with those of other residents of the adult foster care family home
or small group home.
(e) The clinical treatment of the child's condition is similar
to that of the other residents of the adult foster care family home
or small group home.
(f) The child's cognitive level is consistent with the
cognitive level of the other residents of the adult foster care
family home or small group home.
(g) The child is neurologically disabled and is also
physically limited to such a degree as to require complete physical
assistance with mobility and activities of daily living.
(h) The child placing agency or approved governmental unit
will periodically reevaluate the placement of a child under this
subsection to determine that the criteria for placement in
subdivisions (a) to (g) continue to be met.
(9) Beginning October 1, 2007, except as provided in
subsection (1) and section 5b, the department shall issue an
initial or renewal license or registration under this act for child
care centers, group day care homes, and family day care homes not
later than 6 months after the applicant files a completed
application. Receipt of the application is considered the date the
application is received by any agency or department of this state.
If the application is considered incomplete by the department, the
department shall notify the applicant in writing or make notice
electronically available within 30 days after receipt of the
incomplete application, describing the deficiency and requesting
additional information. This subsection does not affect the time
period within which an on-site visit to a family day care home
shall be made. If the department identifies a deficiency or
requires the fulfillment of a corrective action plan, the 6-month
period is tolled until either of the following occurs:
(a) Upon notification by the department of a deficiency, until
the date the requested information is received by the department.
(b) Upon notification by the department that a corrective
action plan is required, until the date the department determines
the requirements of the corrective action plan have been met.
(10) The determination of the completeness of an application
is not an approval of the application for the license and does not
confer eligibility on an applicant determined otherwise ineligible
for issuance of a license.
(11) Except as provided in subsection (1) and section 5b, if
the department fails to issue or deny a license or registration to
a child care center, group day care home, or family day care home
within the time required by this section, the department shall
return the license or registration fee and shall reduce the license
or registration fee for the applicant's next renewal application,
if any, by 15%. Failure to issue or deny a license to a child care
center, group day care home, or family day care home within the
time period required under this section does not allow the
department to otherwise delay the processing of the application. A
completed application shall be placed in sequence with other
completed applications received at that same time. The department
shall not discriminate against an applicant in the processing of an
application based on the fact that the application fee was refunded
or discounted under this subsection.
(12) If, on a continual basis, inspections performed by a
local health department delay the department in issuing or denying
licenses or registrations for child care centers, group day care
homes, and family day care homes under this act within the 6-month
period, the department may use department staff to complete the
inspections instead of the local health department causing the
delays.
(13) Beginning October 1, 2008, the director of the department
shall submit a report by December 1 of each year to the standing
committees and appropriations subcommittees of the senate and house
of representatives concerned with human services and children's
issues. The director shall include all of the following information
regarding applications for licenses and registrations only for
child care centers, group day care homes, and family day care homes
filed under this act in the report concerning the preceding fiscal
year:
(a) The number of initial and renewal applications the
department received and completed within the 6-month time period
described in subsection (9).
(b) The number of applications requiring a request for
additional information.
(c) The number of applications rejected.
(d) The number of licenses and registrations not issued within
the 6-month period.
(e) The average processing time for initial and renewal
licenses and registrations granted after the 6-month period.
(14) Except as provided in section 5c(8), the department shall
not issue to or renew the license of a child care center or day
care center under this act without requesting a criminal history
check and criminal records check as required by section 5c. If a
criminal history check or criminal records check performed under
section 5c reveals that an applicant for a license under this act
has been convicted of a listed offense, the department shall not
issue a license to that applicant. If a criminal history check or
criminal records check performed under section 5c reveals that an
applicant for renewal of a license under this act has been
convicted of a listed offense, the department shall not renew that
license. If a criminal history check or criminal records check
performed under section 5c reveals that a current licensee has been
convicted of a listed offense, the department shall revoke the
license of that licensee.
(15) Except as provided in section 5f(13), the department
shall not issue or renew a certificate of registration to a family
day care home or a license to a group day care home under this act
without requesting a criminal history check and criminal records
check as required by section 5f and a department of state police
ICHAT check required by section 5g. If a criminal history check or
criminal records check performed under section 5f or an ICHAT check
performed under section 5g reveals that an applicant for a
certificate of registration or license under this act or a person
over 18 years of age residing in that applicant's home has been
convicted of a listed offense, the department shall not issue a
certificate of registration or license to that applicant. If a
criminal history check or criminal records check performed under
section 5f or an ICHAT check performed under section 5g reveals
that an applicant for renewal of a certificate of registration or
license under this act or a person over 18 years of age residing in
that applicant's home has been convicted of a listed offense, the
department shall not renew a certificate of registration or license
to that applicant. If a criminal history check or criminal records
check performed under section 5f or an ICHAT check performed under
section 5g reveals that a current registrant or licensee under this
act or a person over 18 years of age residing in that registrant's
or licensee's home has been convicted of a listed offense, the
department shall revoke that registrant's certificate of
registration or licensee's license.
(16) Except as provided in section 5h(13), the department
shall not issue or renew a license to a foster family home or
foster family group home under this act without requesting a
criminal history check and criminal records check as required by
section 5h and a department of state police ICHAT check required by
section 5i. If a criminal history check or criminal records check
performed under section 5h or an ICHAT check performed under
section 5i reveals that an applicant for a license under this act
or a person over 18 years of age residing in that applicant's home
has been convicted of a listed offense, the department shall not
issue a license to that applicant. If a criminal history check or
criminal records check performed under section 5h or an ICHAT check
performed under section 5i reveals that an applicant for renewal of
a license under this act or a person over 18 years of age residing
in that applicant's home has been convicted of a listed offense,
the department shall not renew the license of that applicant. If a
criminal history check or criminal records check performed under
section 5h or an ICHAT check performed under section 5i reveals
that a licensee of a foster family home or foster family group home
currently licensed under this act or a person over 18 years of age
residing in that foster family home or foster family group home has
been convicted of a listed offense, the department shall revoke
that licensee's license.
(17) (16)
As used in this section:
(a) "Completed application" means an application complete on
its face and submitted with any applicable licensing or
registration fees as well as any other information, records,
approval, security, or similar item required by law or rule from a
local unit of government, a federal agency, or a private entity but
not from another department or agency of this state. A completed
application does not include a health inspection performed by a
local health department.
(b) "Good moral character" means that term as defined in and
determined under 1974 PA 381, MCL 338.41 to 338.47.
(c) "Member of the household" means any individual, other than
a foster child, who resides in a foster family home or foster
family group home on an ongoing or recurrent basis.
Sec.
5e. (1) A child care center, or day care center, foster
family home, or foster family group home licensee shall report to
the department and an employee of a child care center or day care
center shall report to that child care center or day care center
within 3 business days after he or she has been arraigned for 1 or
more of the following crimes:
(a) Any felony.
(b) Any of the following misdemeanors:
(i) Criminal sexual conduct in the fourth degree or an attempt
to commit criminal sexual conduct in the fourth degree.
(ii) Child abuse in the third or fourth degree or an attempt to
commit child abuse in the third or fourth degree.
(iii) A misdemeanor involving cruelty, torture, or indecent
exposure involving a child.
(iv) A misdemeanor violation of section 7410 of the public
health code, 1978 PA 368, MCL 333.7410.
(v) A violation of section 115, 141a, 145a, 335a, or 359 of
the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,
750.145a, 750.335a, and 750.359, or a misdemeanor violation of
section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,
MCL 750.81, 750.81a, and 750.145d.
(vi) A misdemeanor violation of section 701 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1701.
(vii) Any misdemeanor that is a listed offense.
(c) A violation of a substantially similar law of another
state, of a political subdivision of this state or another state,
or of the United States.
(2) A person who violates subsection (1) is guilty of a crime
as follows:
(a) If the person violates subsection (1) and the crime
involved in the violation is a misdemeanor that is a listed offense
or is a felony, the person is guilty of a felony punishable by
imprisonment for not more than 2 years or a fine of not more than
$2,000.00, or both.
(b) If the person violates subsection (1) and the crime
involved in the violation is a misdemeanor that is not a listed
offense, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(3) The department shall delete from the licensee's records
all information relating to an arraignment required to be reported
under subsection (1) if the department receives documentation that
the licensee is subsequently not convicted of any crime after the
completion of judicial proceedings resulting from that arraignment.
(4) A child care center or day care center shall delete from
the employee's records all information relating to an arraignment
required to be reported under subsection (1) if it receives
documentation that the employee is subsequently not convicted of
any crime after the completion of judicial proceedings resulting
from that arraignment.
(5)
Not later than 30 days after the effective date of the
amendatory
act that added this section January
31, 2006, the
department shall inform all licensees and applicants for licenses
of the requirement under this section to report when he or she is
arraigned for certain crimes and the penalty for not reporting.
(6)
Not later than 30 days after the effective date of the
amendatory
act that added this section January
31, 2006, a child
care center or day care center shall inform all current employees
and all persons who work regularly and continuously under contract
at the child care center or day care center of the requirement
under this section to report when he or she is arraigned for
certain crimes and the penalty for not reporting.
(7) At the time a child care center or day care center makes
an offer of employment to a person or allows a person to regularly
and continuously work under contract at the child care center or
day care center, the child care center or day care center shall
notify that person of the requirement under this section to report
when he or she is arraigned for certain crimes and the penalty for
not reporting.
Sec. 5h. (1) Except as provided in subsection (13), when a
person applies for or to renew a license to operate a foster family
home or a foster family group home under section 5, the department
shall request the department of state police to perform both of the
following on that person:
(a) Conduct a criminal history check on the person.
(b) Conduct a criminal records check through the federal
bureau of investigation on the person.
(2) Each person applying for a license to operate a foster
family home or a foster family group home shall give written
consent at the time of application for the department of state
police to conduct a criminal history check and a criminal records
check required under this section. The department shall require the
person to submit his or her fingerprints to the department of state
police for the criminal history check and criminal records check
described in subsection (1).
(3) The department shall request a criminal history check and
criminal records check required under this section on a form and in
the manner prescribed by the department of state police.
(4) Within a reasonable time after receiving a complete
request by the department for a criminal history check on a person
under this section, the department of state police shall conduct
the criminal history check and provide a report of the results to
the department. The report shall contain any criminal history
record information on the person maintained by the department of
state police.
(5) Within a reasonable time after receiving a proper request
by the department for a criminal records check on a person under
this section, the department of state police shall initiate the
criminal records check. After receiving the results of the criminal
records check from the federal bureau of investigation, the
department of state police shall provide a report of the results to
the department.
(6) The department of state police may charge the department a
fee for a criminal history check or a criminal records check
required under this section that does not exceed the actual and
reasonable cost of conducting the check.
(7) A person to whom a license has been issued under this act
shall report to the department within 3 business days after he or
she has been arraigned for 1 or more of the following crimes and
within 3 business days after he or she knows or should reasonably
know that an employee or a person over 18 years of age residing in
the home has been arraigned for 1 or more of the following crimes:
(a) Any felony.
(b) Any of the following misdemeanors:
(i) Criminal sexual conduct in the fourth degree or an attempt
to commit criminal sexual conduct in the fourth degree.
(ii) Child abuse in the third or fourth degree or an attempt to
commit child abuse in the third or fourth degree.
(iii) A misdemeanor involving cruelty, torture, or indecent
exposure involving a child.
(iv) A misdemeanor violation of section 7410 of the public
health code, 1978 PA 368, MCL 333.7410.
(v) A violation of section 115, 141a, 145a, 335a, or 359 of
the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,
750.145a, 750.335a, and 750.359, or a misdemeanor violation of
section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,
MCL 750.81, 750.81a, and 750.145d.
(vi) A misdemeanor violation of section 701 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1701.
(vii) Any misdemeanor that is a listed offense.
(c) A violation of a substantially similar law of another
state, of a political subdivision of this state or another state,
or of the United States.
(8) A person who violates subsection (7) is guilty of a crime
as follows:
(a) If the person violates subsection (7) and the crime
involved in the violation is a misdemeanor that is a listed offense
or is a felony, the person is guilty of a felony punishable by
imprisonment for not more than 2 years or a fine of not more than
$2,000.00, or both.
(b) If the person violates subsection (7) and the crime
involved in the violation is a misdemeanor that is not a listed
offense, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(9) The department shall delete from the licensee's records
all information relating to an arraignment required to be reported
under this section if the department receives documentation that
the person arraigned for the crime is subsequently not convicted of
any crime after the completion of judicial proceedings resulting
from that arraignment.
(10) Not later than 30 days after the effective date of the
amendatory act that added this section, the department shall inform
all persons currently issued a license and all applicants for a
license of the requirement to report certain arraignments as
required in this section and the penalty for not reporting those
arraignments.
(11) At the time the department issues a license to operate a
foster family home or a foster family group home under this act,
the department shall notify the licensee of the requirement to
report certain arraignments as required in this section and the
penalty for not reporting those arraignments.
(12) Not later than 1 year after the effective date of the
amendatory act that added this section, the department shall
conduct a criminal history check and criminal records check on all
persons currently issued a license under this act to operate a
foster family home or foster family group home.
(13) Beginning October 1, 2007, if a person applying to renew
a license to operate a foster family home or foster family group
home has previously undergone a criminal history check and criminal
records check required under subsection (1) and has remained
continuously licensed after the criminal history check and criminal
records check have been performed, that person is not required to
submit to another criminal history check or criminal records check
upon renewal of the license obtained under section 5.
Sec. 5i. (1) When a person applies for a license to operate a
foster family home or foster family group home under section 5, the
department shall perform a criminal history check using the
department of state police's internet criminal history access tool
(ICHAT) on all persons over 18 years of age residing in the home in
which the foster family home or foster family group home is
operated. This section does not apply to a person residing in the
home for a period of not more than 14 days.
(2) Not later than 1 year after the effective date of the
amendatory act that added this section, the department shall
perform an ICHAT check on all persons over 18 years of age residing
in the home in which a foster family home or foster family group
home is currently operated.
(3) If a search of ICHAT reveals that a person over 18 years
of age residing in the foster family home or foster family group
home has been convicted of a listed offense, the department shall
not issue a license to the applicant, shall not renew a license to
the licensee applying for renewal, or shall revoke a current
licensee's license.
Enacting section 1. This amendatory act takes effect October
1, 2007.