August 5, 2009, Introduced by Senators HUNTER, JANSEN, BIRKHOLZ, GILBERT, HARDIMAN and JACOBS 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,
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 list of all
incidents occurring at the child care center, group child care
home, or family child care home involving an injury that required
hospitalization or resulted in death for the 10-year period
preceding the date of licensing or registration or the date of the
most recent renewal. The information in the licensing notebook
shall be updated regularly 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.
(4) Beginning the effective date of the amendatory act that
added this section, the child care center, group child care home,
or family child care home shall maintain a form that lists in
summary all incidents that occurred during the 10-year period
preceding the date of licensing or registration or the date of the
most recent license or registration renewal that resulted in an
injury that required hospitalization, resulted in the death of a
child in care, or resulted in a special investigation. This form
shall be signed by the parent or guardian of each child placed in
the child care center, group child care home, or family child care
home after the effective date of the amendatory act that added this
section. Parents or guardians of children under the care of the
child care center, group child care home, or family child care home
on the effective date of the amendatory act that added this section
shall sign the form not later than 30 days after the effective date
of the amendatory act that added this section. The form shall be
kept in the files of the child care center, group child care home,
or family child care home and made available to the department for
review during department inspections.
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.