SB-0723, As Passed Senate, February 4, 2010

SUBSTITUTE FOR

SENATE BILL NO. 723

     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,

and by adding section 3g.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3g. (1) The operator of a child care center, group child

care home, or family child care home shall maintain a licensing

notebook on its premises. The licensing notebook shall be made

available for review to parents or guardians of children under the

care of, and parents or guardians considering placing their

children in the care of, the child care center, group child care

home, or family child care home.

     (2) The licensing notebook described in subsection (1) shall

include the reports from all licensing or registration inspections,

renewal inspections, special investigations, and corrective action

plans. The licensing notebook shall also include a summary sheet

outlining the reports described in this subsection. The information

in the licensing notebook shall be updated as provided by the

department and must be made available to parents, guardians, and

prospective parents or guardians at all times during the child care

center's, group child care home's, or family child care home's

normal hours of operation.

     (3) The department shall include on its "Child in

Care/Receipt" form or any successor form used instead of that form

a check box allowing the parent or guardian to acknowledge that he

or she is aware of the information available in the licensing

notebook available for his or her review on the premises of the

child care center, group child care home, or family child care home

and that the information is available on the department's website.

The "Child in Care/Receipt" form or successor form shall contain in

bold print the department's website address where the information

may be located.

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 willfully 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 willfully 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

department 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 after that. 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 that 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 206 of the Michigan

zoning enabling act, 2006 PA 110, MCL 125.3206.

     (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

according to the procedures outlined in this act and the rules

promulgated under this act. The department 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 department 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 department 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 department 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 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 department

director's 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 department director of the

department is not protested within 30 days after receipt of the

notice of the resolution, the resolution by the department director

of the department is final.

     (5) The department shall not issue or renew a license or

certificate of registration of a child care center, group child

care home, or family child care home if the licensee, registrant,

or applicant has had a previous license or certificate of

registration revoked due to a violation this act, the rules

promulgated under this act, or the terms of the license or

certificate of registration that resulted in the serious injury or

death of a child while under its care.