SB-1135, As Passed Senate, December 6, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1135

 

 

November 8, 2018, Introduced by Senator EMMONS and referred to the Committee on Families, Seniors 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 10 (MCL 722.120), as amended by 2017 PA 257.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10. (1) The department may investigate, inspect, and

 

examine conditions of a child care organization and may investigate

 

and examine the books and records of the licensee. The licensee

 

shall cooperate with the department's investigation, inspection,

 

and examination by doing all of the following:

 

     (a) Admitting members of the department into the child care

 

organization and furnishing all reasonable facilities for thorough

 

examination of its books, records, and reports.

 


     (b) Allowing the department to perform routine investigative

 

functions during the course of an investigation, inspection, or

 

examination. Routine investigative functions include, but are not

 

limited to, interviewing potential witnesses, such as staff and

 

household members, and taking photographs to assess and document

 

the conditions of the child care organization and its compliance

 

with this act and the rules promulgated under this act.

 

     (c) Providing accurate and truthful information to the

 

department, and encouraging witnesses, such as staff and household

 

members, to provide accurate and truthful information to the

 

department.

 

     (2) The licensee shall allow the department, the bureau of

 

fire services, or local authorities access to the child care

 

organization to carry out the provisions of this act and rules

 

promulgated under this act related to the health or fire protection

 

of children.

 

     (3) A licensee shall keep the records the department

 

prescribes regarding each child in its control and care and shall

 

report to the department, when requested, the facts the department

 

requires with reference to the children upon forms furnished by the

 

department. Except as otherwise provided in this subsection and

 

subsection (4), records regarding children and facts compiled about

 

children and their parents and relatives are confidential and

 

disclosure of this information shall be properly safeguarded by the

 

child care organization, the department, and any other entity in

 

possession of the information. Records that are confidential under

 

this section are available to both 1 or more of the following:


     (a) A standing or select committee or appropriations

 

subcommittee of either house of the legislature having jurisdiction

 

over protective services matters for children, according to section

 

7 of the child protection law, 1975 PA 238, MCL 722.627.

 

     (b) The children's ombudsman established in section 3 of the

 

children's ombudsman act, 1994 PA 204, MCL 722.923.

 

     (c) An agency, bureau, division, or other entity within the

 

department, or a child caring institution or child placing agency

 

contracted with the department. Access must be authorized by the

 

director of the department's agency responsible for child welfare

 

services or his or her designee to individuals whose purpose is

 

directly connected with the administration of child welfare

 

services.

 

     (d) A national accreditation program for the purposes of

 

review and accreditation of a child welfare program, agency, or

 

organization.

 

     (4) Notwithstanding subsection (3) and sections 5 and 7(2) of

 

the child protection law, 1975 PA 238, MCL 722.625 and 722.627,

 

information or records in the possession of the department or the

 

department of licensing and regulatory affairs may be shared to the

 

extent necessary for the proper functioning of the department or

 

the department of licensing and regulatory affairs in administering

 

child welfare or child care licensing under this act or in an

 

investigation conducted under section 43b of the social welfare

 

act, 1939 PA 280, MCL 400.43b. Information or records shared under

 

this subsection shall not be released by the department or the

 

department of licensing and regulatory affairs unless otherwise


permitted under this act or other state or federal law. Neither the

 

department nor the department of licensing and regulatory affairs

 

shall release or open for inspection any document, report, or

 

record authored by or obtained from another agency or organization

 

unless 1 of the conditions of section 7(10) of the child protection

 

law, 1975 PA 238, MCL 722.627, applies.

 

     (5) A child care center, group child care home, or family

 

child care home licensee shall provide the department with child

 

information cards for all children presently enrolled for care, as

 

requested by the department, whenever the department initiates or

 

conducts an investigation, inspection, or assessment. If the

 

investigation, inspection, or assessment results in the department

 

pursuing disciplinary action as provided by section 11, the child

 

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

 

licensee must provide the department with child information cards

 

for newly enrolled children for the pendency of the proposed

 

disciplinary action.

 

     (6) The department may suspend, deny, revoke, or refuse to

 

renew a license of the child care organization if the licensee does

 

not cooperate with an investigation, inspection, or examination

 

under this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.