January 26, 2010, Introduced by Senators GEORGE and ANDERSON 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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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 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 director of the
department director, 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. 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 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.
(3) (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 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 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 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 director of the department director
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
under 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 decision of the
director
of the department director
shall be mailed by certified
mail to the complainant and the licensee. If the resolution of the
issues
by the director of the department director is not protested
within 30 days after receipt of the notice of the resolution, the
resolution by the director of the department is final.
(4) The department may permanently revoke the license or
registration of a child care center, day care center, family child
care home, or group child care home if a child dies in the care of
the licensee or registrant and it is determined that the child's
death was a result of the licensing violation, neglect, or child
endangerment on the part of the licensee or registrant or his or
her agent. An appeal from a decision to revoke a license or
certificate of registration under this subsection shall be handled
in the manner described for appeals in subsection (2).