Act No. 15
Public Acts of 2008
Approved by the Governor
February 29, 2008
Filed with the Secretary of State
February 29, 2008
EFFECTIVE DATE: June 1, 2008
STATE OF MICHIGAN
94TH LEGISLATURE
REGULAR SESSION OF 2008
Introduced by Senator Hardiman
ENROLLED SENATE BILL No. 97
AN ACT 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.
(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.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor