June 3, 2008, Introduced by Senators GEORGE, VAN WOERKOM and BIRKHOLZ 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,"
by amending section 11 (MCL 722.121), as amended by 1980 PA 232.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) An original license shall not be granted under
this act if the issuance of the license would substantially
contribute to an excessive concentration of community residential
facilities within a city, village, township, or county of this
state.
(2) The department may deny, revoke, or refuse to renew a
license or certificate of registration of a child care organization
when the licensee, registrant, or applicant falsifies information
on the application or wilfully and substantially violates this act,
the rules promulgated under this act, or the terms of the license
or certificate of registration. The department may modify to a
provisional status a license of a child care organization when the
licensee wilfully and substantially violates this act, the rules
promulgated under this act, or the terms of the license. A license
or a certificate of registration shall not be revoked, a renewal of
a license or certificate of registration shall not be refused, an
application for a license or a certificate of registration shall
not be denied, or a regular license shall not be modified to a
provisional status unless the licensee, registrant, or applicant is
given notice in writing of the grounds of the proposed revocation,
denial, modification, or refusal. If revocation, denial,
modification, or refusal is appealed within 30 days after receipt
of the notice by writing addressed to the director of the
department, the director or a designated representative of the
director shall conduct a hearing at which the licensee, registrant,
or applicant may present testimony and confront witnesses. Notice
of the hearing shall be given to the licensee, registrant, or
applicant by personal service or delivery to the proper address by
certified mail not less than 2 weeks before the date of the
hearing. The decision of the director shall be made not more than
30 days after the hearing, and forwarded to the protesting party by
certified mail not more than 10 days thereafter. If the proposed
revocation, denial, modification, or refusal is not protested, the
license or certificate of registration may be revoked or the
application or the renewal of the license or certificate of
registration refused.
(3)
The department shall deny a license to a child caring
institution
or foster family group home which does not comply with
section
16a of Act No. 183 of the Public Acts of 1943, as amended,
being
section 125.216a of the Michigan Compiled Laws, section 16a
of
Act No. 184 of the Public Acts of 1943, as amended, being
section
125.286a of the Michigan Compiled Laws, and section 3b of
Act
No. 207 of the Public Acts of 1921, as amended, being section
125.583b
of the Michigan Compiled Laws.
(3) (4)
The legislative body of a city,
village, or township
in which a child caring institution or foster family group home is
located may file a complaint with the department to have the
organization's license suspended, denied, or revoked pursuant to
the procedures outlined in this act and the rules promulgated under
this act. The director of the department shall resolve the issues
of the complaint within 45 days after the receipt of the complaint.
Notice of the resolution of the issues shall be mailed by certified
mail to the complainant and the licensee. Failure of the director
of the department to resolve the issues of the complaint within 45
days after receipt of the complaint shall serve as a decision by
the director to suspend, deny, or revoke the organization's
license. If the decision to suspend, deny, or revoke the license or
the resolution of the issues is protested by written objection of
the complainant or licensee to the director of the department
within 30 days after the suspension, denial, or revocation of the
license or the receipt of the notice of resolution, the director of
the department or a designated representative of the director shall
conduct
a hearing pursuant to Act No. 306 of the Public Acts of
1969,
as amended, being sections 24.201 to 24.315 of the Michigan
Compiled
Laws under the administrative
procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328, at which the complainant and licensee
may present testimony and cross-examine witnesses. The decision of
the director of the department shall be mailed by certified mail to
the complainant and the licensee. If the resolution of the issues
by the director of the department is not protested within 30 days
after receipt of the notice of the resolution, the resolution by
the director of the department is final.
(4) The department may permanently revoke the license or
registration of a child care center, day care center, family child
care home, or group child care home if a child dies in the care of
the licensee or registrant and it is determined that the child's
death was a result of the licensing violation, neglect, or child
endangerment on the part of the licensee or registrant or his or
her agent. An appeal from a decision to revoke a license or
certificate of registration under this subsection shall be handled
in the manner described for appeals in subsection (2).