October 14, 2009, Introduced by Rep. Huckleberry 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 section 1 (MCL 722.111), as amended by 2007 PA 217.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Child care organization" means a governmental or
nongovernmental organization having as its principal function
receiving minor children for care, maintenance, training, and
supervision, notwithstanding that educational instruction may be
given. Child care organization includes organizations commonly
described as child caring institutions, child placing agencies,
children's camps, children's campsites, children's therapeutic
group homes, child care centers, day care centers, nursery schools,
parent cooperative preschools, foster homes, group homes, or child
care homes. Child care organization does not include a governmental
or nongovernmental organization that does either of the following:
(i) Provides care exclusively to minors who have been
emancipated by court order under section 4(3) of 1968 PA 293, MCL
722.4.
(ii) Provides care exclusively to persons who are 18 years of
age or older and to minors who have been emancipated by court order
under section 4(3) of 1968 PA 293, MCL 722.4, at the same location.
(b) "Child caring institution" means a child care facility
that is organized for the purpose of receiving minor children for
care, maintenance, and supervision, usually on a 24-hour basis, in
buildings maintained by the child caring institution for that
purpose, and operates throughout the year. An educational program
may be provided, but the educational program shall not be the
primary purpose of the facility. Child caring institution includes
a maternity home for the care of unmarried mothers who are minors
and an agency group home, that is described as a small child caring
institution owned, leased, or rented by a licensed agency providing
care for more than 4 but less than 13 minor children. Child caring
institution also includes institutions for mentally retarded or
emotionally disturbed minor children. Child caring institution does
not include a hospital, nursing home, or home for the aged licensed
under article 17 of the public health code, 1978 PA 368, MCL
333.20101 to 333.22260, a boarding school licensed under section
1335 of the revised school code, 1976 PA 451, MCL 380.1335, a
hospital or facility operated by the state or licensed under the
mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, or 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, in which a child has been
placed under section 5(6).
(c) "Child placing agency" means a governmental organization
or an agency organized under the nonprofit corporation act, 1982 PA
162, MCL 450.2101 to 450.3192, for the purpose of receiving
children for placement in private family homes for foster care or
for adoption. The function of a child placing agency may include
investigating applicants for adoption and investigating and
certifying foster family homes and foster family group homes as
provided in this act. The function of a child placing agency may
also include supervising children who are 16 or 17 years of age and
who are living in unlicensed residences as provided in section
5(4).
(d) "Children's camp" means a residential, day, troop, or
travel camp that provides care and supervision and is conducted in
a natural environment for more than 4 children, apart from the
children's parents, relatives, or legal guardians, for 5 or more
days in a 14-day period.
(e) "Children's campsite" means the outdoor setting where a
children's residential or day camp is located.
(f) "Children's therapeutic group home" means a child caring
institution receiving not more than 6 minor children who are
diagnosed with a developmental disability as defined in section
100a of the mental health code, 1974 PA 258, MCL 330.1100a, or a
serious emotional disturbance as defined in section 100d of the
mental health code, 1974 PA 258, MCL 330.1100d. A children's
therapeutic group home meets all of the following requirements:
(i) Provides care, maintenance, and supervision, usually on a
24-hour basis.
(ii) Complies with the rules for child caring institutions,
except that behavior management rooms, personal restraint,
mechanical restraint, or seclusion which is allowed in certain
circumstances under licensing rules are prohibited in a children's
therapeutic group home.
(iii) Is not a private home.
(iv) Is not located on a campus with other licensed facilities.
(g) "Child care center" or "day care center" means a facility,
other than a private residence, receiving 1 or more preschool or
school-age children for care for periods of less than 24 hours a
day, where the parents or guardians are not immediately available
to the child. Child care center or day care center includes a
facility that provides care for not less than 2 consecutive weeks,
regardless of the number of hours of care per day. The facility is
generally described as a child care center, day care center, day
nursery, nursery school, parent cooperative preschool, play group,
before- or after-school program, or drop-in center. Child care
center or day care center does not include any of the following:
(i) A Sunday school, a vacation bible school, or a religious
instructional class that is conducted by a religious organization
where children are attending for not more than 3 hours per day for
an indefinite period or for not more than 8 hours per day for a
period not to exceed 4 weeks during a 12-month period.
(ii) A facility operated by a religious organization where
children are in the religious organization's care for not more than
3 hours while persons responsible for the children are attending
religious services.
(iii) A program that is primarily supervised, school-age-child-
focused training in a specific subject, including, but not limited
to, dancing, drama, music, or religion. This exclusion applies only
to the time a child is involved in supervised, school-age-child-
focused training.
(iv) A program that is primarily an incident of group athletic
or social activities for school-age children sponsored by or under
the supervision of an organized club or hobby group, including, but
not limited to, youth clubs, scouting, and school-age recreational
or supplementary education programs. This exclusion applies only to
the time the school-age child is engaged in the group athletic or
social activities and if the school-age child can come and go at
will.
(h) "Department" means the department of human services or a
successor agency or department responsible for licensure and
registration under this act.
(i) "Private home" means a private residence in which the
licensee or registrant permanently resides as a member of the
household, which residency is not contingent upon caring for
children or employment by a licensed or approved child placing
agency. Private home includes a full-time foster family home, a
full-time foster family group home, a group child care home, or a
family child care home, as follows:
(i) "Foster family home" is a private home in which 1 but not
more than 4 minor children, who are not related to an adult member
of the household by blood or marriage, or who are not placed in the
household under the Michigan adoption code, chapter X of the
probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, are given
care and supervision for 24 hours a day, for 4 or more days a week,
for 2 or more consecutive weeks, unattended by a parent, legal
guardian, or legal custodian.
(ii) "Foster family group home" means a private home in which
more than 4 but fewer than 7 minor children, who are not related to
an adult member of the household by blood or marriage, or who are
not placed in the household under the Michigan adoption code,
chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to
710.70, are provided care for 24 hours a day, for 4 or more days a
week, for 2 or more consecutive weeks, unattended by a parent,
legal guardian, or legal custodian.
(iii) "Family child care home" means a private home in which 1
but fewer than 7 minor children are received for care and
supervision for compensation for periods of more than 1 hour but
less than 24 hours a day, unattended by a parent or legal guardian,
except children related to an adult member of the family by blood,
marriage, or adoption. Family child care home includes a home in
which care is given to an unrelated minor child for more than 4
weeks during a calendar year.
(iv) "Group child care home" means a private home in which more
than 6 but not more than 12 minor children are given care and
supervision for periods of less than 24 hours a day unattended by a
parent or legal guardian, except children related to an adult
member of the family by blood, marriage, or adoption. Group child
care home includes a home in which care is given to an unrelated
minor child for more than 4 weeks during a calendar year.
(j) "Legal custodian" means an individual who is at least 18
years of age in whose care a minor child remains or is placed after
a court makes a finding under section 13a(5) of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.13a.
(k) "Licensee" means a person, partnership, firm, corporation,
association, nongovernmental organization, or local or state
government child care organization that has been issued a license
under this act to operate a child care organization.
(l) "Provisional license" means a license issued to a child
care organization that is temporarily unable to conform to all of
the rules promulgated under this act.
(m) "Regular license" means a license issued to a child care
organization indicating that the organization is in compliance with
all rules promulgated under this act.
(n) "Guardian" means the guardian of the person.
(o) "Minor child" means any of the following:
(i) A person less than 18 years of age.
(ii) A person who is a resident in a child caring institution,
children's camp, foster family home, or foster family group home;
who becomes 18 years of age while residing in the child caring
institution, children's camp, foster family home, or foster family
group home; and who continues residing in the child caring
institution, children's camp, foster family home, or foster family
group home to receive care, maintenance, training, and supervision.
A minor child under this subparagraph does not include a person 18
years of age or older who is placed in a child caring institution,
foster family home, or foster family group home under an
adjudication under section 2(a) of chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.2, or section 1 of chapter IX of the
code of criminal procedure, 1927 PA 175, MCL 769.1. This
subparagraph applies only if the number of those residents who
become 18 years of age does not exceed the following:
(A) Two, if the total number of residents is 10 or fewer.
(B) Three, if the total number of residents is not less than
11 and not more than 14.
(C) Four, if the total number of residents is not less than 15
and not more than 20.
(D) Five, if the total number of residents is 21 or more.
(iii) A person 18 years of age or older who is placed in a
foster family home under section 5(7).
(p) "Registrant" means a person who has been issued a
certificate of registration under this act to operate a family
child care home.
(q) "Registration" means the process by which the department
regulates family child care homes, and includes the requirement
that a family child care home certify to the department that the
family child care home has complied with and will continue to
comply with the rules promulgated under this act.
(r) "Certificate of registration" means a written document
issued under this act to a family child care home through
registration.
(s) "Related" means a parent, grandparent, brother, sister,
stepparent, stepsister, stepbrother, uncle, aunt, cousin, great
aunt, great uncle, or stepgrandparent related by marriage, blood,
or adoption.
(t) "Religious organization" means a church, ecclesiastical
corporation, or group, not organized for pecuniary profit, that
gathers for mutual support and edification in piety or worship of a
supreme deity.
(u) "School-age child" means a child who is eligible to be
enrolled in a grade of kindergarten or above, but is less than 13
years of age.
(2) A facility or program for school-age children that is
currently operated and has been in operation and licensed or
approved as provided in this act for a minimum of 2 years may apply
to the department to be exempt from inspections and on-site visits
required under section 5. The department shall respond to a
facility or program requesting exemption from inspections and on-
site visits required under section 5 as provided under this
subsection within 45 days from the date the completed application
is received. The department may grant exemption from inspections
and on-site visits required under section 5 to a facility or
program that meets all of the following criteria:
(a) The facility or program has been in operation and licensed
or approved under this act for a minimum of 2 years immediately
preceding the application date.
(b) During the 2 years immediately preceding the application
date, the facility or program has not had a substantial violation
of this act, rules promulgated under this act, or the terms of a
licensure or an approval under this act.
(c) The school board, board of directors, or governing body
adopts a resolution supporting the application for exemption from
inspections and on-site visits required under section 5 as provided
for in this subsection.
(3) A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided under
subsection (2) is required to maintain status as a licensed or
approved program under this act and must continue to meet the
requirements of this act, the rules promulgated under this act, or
the terms of a license or approval under this act. A facility or
program granted exemption from inspections and on-site visits
required under section 5 as provided under subsection (2) is
subject to an investigation by the department if a violation of
this act or a violation of a rule promulgated under this act is
alleged.
(4) A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided under
subsection (2) is not subject to interim or annual licensing
reviews. A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided under
subsection (2) is required to submit documentation annually
demonstrating compliance with the requirements of this act, the
rules promulgated under this act, or the terms of a license or
approval under this act.
(5) An exemption provided under subsection (2) may be
rescinded by the department if the facility or program willfully
and substantially violates this act, the rules promulgated under
this act, or the terms of a license or approval granted under this
act.