September 25, 2008, Introduced by Senators OLSHOVE, BARCIA, CHERRY, ANDERSON, BASHAM and SCHAUER 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 5 (MCL 722.115), as amended by 2007 PA 218.
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 Except as
otherwise provided in this subsection, 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. The department shall not issue a license to or renew a
license of an applicant if any of the following persons have been
convicted of child abuse or child neglect or, within the 10 years
immediately preceding the application, a felony involving harm or
threatened harm to an individual:
(a) The individual applicant.
(b) The owner, partner, or director of the applicant, if other
than an indivisual.
(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 child 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 regarding this
act, the rules promulgated under this act, and the needs of
children in family child 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 child 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 that requires
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) 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 child
care homes, and family child 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 child 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 child care home, or family child 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 child care home, or family child 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 child 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 child care homes, and family child 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 or information obtained as a result of notification from
the department of state police under section 5k 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 or information obtained as a result of
notification from the department of state police under section 5k
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 or information obtained as a
result of notification from the department of state police under
section 5k 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
child care home or a license to a group child care home under this
act without requesting a criminal history check and criminal
records check as required by sections 5f and 5g. If a criminal
history check or criminal records check performed under section 5f
or 5g or information obtained as a result of notification from the
department of state police under section 5k 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 5g or information obtained as a
result of notification from the department of state police under
section 5k 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 5g or
information obtained as a result of notification from the
department of state police under section 5k 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(7), the department shall
not issue or renew a license to operate 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
sections 5h and 5j. If a criminal history check or criminal records
check performed under section 5h or 5j or information obtained as a
result of notification from the department of state police under
section 5k reveals that an applicant for a license to operate a
foster family home or foster family group home 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 5j or
information obtained as a result of notification from the
department of state police under section 5k reveals that an
applicant for renewal of a license to operate a foster family home
or foster family group home 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 license to
that applicant. If a criminal history check or criminal records
check performed under section 5h or 5j or information obtained as a
result of notification from the department of state police under
section 5k reveals that a current licensee under this act of a
foster family home or foster family group home or a person over 18
years of age residing in that licensee's foster family home or
foster family group home has been convicted of a listed offense,
the department shall revoke that licensee's license.
(17) As used in this section:
(a) "Child abuse" and "child neglect" mean those terms as
defined in section 2 of the child protection law, 1975 PA 238, MCL
722.622.
(b)
(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.
(c) (b)
"Good moral character"
means that term as defined in
and determined under 1974 PA 381, MCL 338.41 to 338.47.
(d) (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.