January 11, 2017, Introduced by Rep. Lucido and referred to the Committee on Families, Children, and Seniors.
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 sections 3 and 11b (MCL 722.113 and 722.121b), section
3 as amended by 2006 PA 206 and section 11b as amended by 2010 PA
86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The rules promulgated by the department or the
department of licensing and regulatory affairs under this act shall
be
used by the department, of community health, the department of
licensing and regulatory affairs, the bureau of fire services, and
local authorities in the inspection of and reporting on child care
organizations covered by this act. The inspection of the health and
fire safety of child care organizations shall be completed by
department
staff or by the department of community health,
licensing and regulatory affairs, the bureau of fire services, or
local authorities upon request of the department, the department of
licensing
and regulatory affairs, or pursuant according to
subsection (2).
(2)
If an inspection is not conducted pursuant according to
subsection (1), a person owning or operating or who proposes to own
or operate a child care organization may enter a contract with a
local authority or other person qualified to conduct an inspection
pursuant
according to subsection (1) and pay for that inspection
after
an inspection is completed pursuant to under this subsection.
A person may receive a provisional license if the proposed child
care organization passes the inspection, and the other requirements
of this act are met.
(3) The rules promulgated by the department for foster family
homes and foster family group homes shall be used by a licensed
child placing agency or an approved governmental unit when
investigating and certifying a foster family home or a foster
family group home.
(4) Inspection reports completed by state agencies, local
authorities, and child placing agencies shall be furnished to the
department and the department of licensing and regulatory affairs
and shall become a part of its evaluation for licensing of
organizations covered by this act. After careful consideration of
the reports and consultation where necessary, the department or the
department of licensing and regulatory affairs shall assume
responsibility for the final determination of the issuance, denial,
revocation, or provisional nature of licenses issued to
nongovernmental organizations. A report of findings shall be
furnished to the licensee. A license shall be issued to a specific
person
or organization at a specific location, shall be is
nontransferable,
and shall remain remains the property of the
department or the department of licensing and regulatory affairs.
(5) The department of licensing and regulatory affairs may use
the information obtained in subsection (4) for the purpose of
maintaining and updating the database established in section 11b.
Sec. 11b. (1) The department of licensing and regulatory
affairs shall establish and maintain a database of child care
centers, family child care homes, and group child care homes as a
central clearinghouse for persons seeking information on child care
options. The database shall include, at a minimum, all of the
following information:
(a) The name, address, and telephone number of the child care
center, family child care home, or group child care home.
(b) The days and general hours of operation of the child care
center, family child care home, or group child care home.
(c) The license number or registration number, effective date,
and expiration date of the license or registration of the child
care center, family child care home, or group child care home.
(d) A list of any and all of the child care center's, family
child care home's, or group child care home's violations of this
act, the rules promulgated under this act, or the terms of a
license or registration.
(e) (d)
The number and nature of any
adverse action taken
against the child care center, family child care home, or group
child care home by the department of licensing and regulatory
affairs.
(f) (e)
The number and nature of any
special investigations
regarding the child care center, family child care home, or group
child care home conducted by the department that the department
classifies as high risk. This information shall remain in the
database as long as the licensee or registrant is licensed or
registered under this act. For the purpose of this subdivision,
"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.
(g) (f)
Information that, upon completion
of a special
investigation
as described in subdivision (e), (f), the department
made a determination that there were no substantiated rule
violations. This information may be included in the same manner as
information provided under section 3f(5).
(2) The department of licensing and regulatory affairs shall
make the database available to the public on the internet, without
charge, through that department's website.
(3) The department of licensing and regulatory affairs shall
inform the public, through press releases or other media avenues,
of the information available in the database established under
subsection (1) and how to access that database.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.