SENATE BILL NO. 1186 June 4, 1998, Introduced by Senator BULLARD and referred to the Committee on Families, Mental Health 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 organi- zations; 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 5 (MCL 722.115), as amended by 1998 PA 34, and by adding section 5b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5. (1) A person, partnership, firm, corporation, asso- 2 ciation, or nongovernmental organization shall not establish or 3 maintain a child care organization unless licensed or registered 4 by the department. Application for a license or certificate of 5 registration shall be made on forms provided, and in the manner 6 prescribed, by the department. Before issuing or renewing a 7 license, the department shall investigate the APPLICANT'S S03598'97 b ** JOJ 2 1 activities and proposed standards of careof the applicantand 2 shall make an on-site visit of the proposed or established 3 organization. If the department is satisfied as to the need for 4 a child care organization, its financial stability, the 5 APPLICANT'S good moral character,of the applicant,and that 6 the services and facilities are conducive to the welfare of the 7 children, the department shall issue or renew the license. As 8 used in this subsection, "good moral character" meansgood moral9characterTHAT TERM as defined IN and determinedpursuant to10 UNDER 1974 PA 381, MCL 338.41 to 338.47. 11 (2) IF A COUNTY JUVENILE AGENCY AS DEFINED IN SECTION 2 OF 12 THE COUNTY JUVENILE AGENCY ACT CERTIFIES TO THE DEPARTMENT THAT 13 IT INTENDS TO CONTRACT WITH AN APPLICANT FOR A NEW LICENSE, THE 14 DEPARTMENT SHALL ISSUE OR DENY THE LICENSE WITHIN 60 DAYS AFTER 15 IT RECEIVES A COMPLETE APPLICATION AS PROVIDED IN SECTION 5B. IF 16 THE DEPARTMENT FAILS TO DO SO AND THE COUNTY JUVENILE AGENCY 17 APPROVES THE APPLICANT AS PROVIDED IN SECTION 5B, THE APPLICANT 18 IS GRANTED A LICENSE ON THE SAME TERMS AS IF THE DEPARTMENT HAD 19 ISSUED A LICENSE UNDER THIS SECTION. 20 (3)(2)The department shall issue a certificate of regis- 21 tration to a person who has successfully completed an orientation 22 session offered by the department,and who certifies to the 23 department that the family day care home has complied with and 24 will continue to comply with the rules promulgated under this act 25,and will provide services and facilities, as determined by 26 the department, conducive to the welfare of children. The 27 department shall make available TO APPLICANTS FOR REGISTRATION an S03598'97 b ** 3 1 orientation session to applicants for registration regarding this 2 act, the rules promulgated under this act, and the needs of chil- 3 dren in family day care before issuing a certificate of 4 registration. The department shall issue a certificate of regis- 5 tration to a specific person at a specific location. A certifi- 6 cate of registration is nontransferable and remains the property 7 of the department. Within 90 days after initial registration, 8 the department shall make an on-site visit of the family day care 9 home. 10 (4)(3)The department may authorize a licensed child 11 placing agency or an approved governmental unit to investigate a 12 foster family home or a foster family group home pursuant to sub- 13 section (1) and to certify that the foster family home or foster 14 family group home meets the licensing requirements prescribed by 15 this act. A foster family home or a foster family group home 16 shall be certified for licensing by the department by only 1 17 child placing agency or approved governmental unit. Other child 18 placing agencies may place children in a foster family home or 19 foster family group home only upon the approval of the certifying 20 agency or governmental unit. 21 (5)(4)The department may authorize a licensed child 22 placing agency or an approved governmental unit to place a child 23 who is 16 or 17 years of age in his or her own unlicensed resi- 24 dence, or in the unlicensed residence of an adult who has no 25 supervisory responsibility for the child, if a child placing 26 agency or governmental unit retains supervisory responsibility 27 for the child. S03598'97 b ** 4 1 (6)(5)A licensed child placing agency, child caring 2 institution, and an approved governmental unit shall provide the 3 state court administrative office and a local foster care review 4 board established under 1984 PA 422, MCL 722.131 to 722.139a, 5suchTHOSE recordsas may berequested pertaining to children 6 in foster care placement for more than 6 months. 7 (7)(6)The department may authorize a licensed child 8 placing agency or an approved governmental unit to place a child 9 who is 16 or 17 years old in an adult foster care family home or 10 an adult foster care small group home licensed under the adult 11 foster care facility licensing act, 1979 PA 218, MCL 400.701 to 12 400.737, if a licensed child placing agency or approved govern- 13 mental unit retains supervisory responsibility for the child and 14 certifies to the department all of the following: 15 (a) The placement is in the best interests of the child. 16 (b) The CHILD'S needsof the childcan be adequately met 17 by the adult foster care family home or small group home. 18 (c) The child will be compatible with other residents of the 19 adult foster care family home or small group home. 20 (d) The child placing agency or approved governmental unit 21 will periodically reevaluate the placement ofan individualA 22 CHILD under this subsection to determine that the criteria for 23 placement in subdivisions (a) through (c) continue to be met. 24 (8)(7) TheON AN EXCEPTION BASIS, THE director of the 25 department, or his or her designee, may authorize, on an excep-26tion basis,a licensed child placing agency or an approved 27 governmental unit to place an adult in a foster family home,S03598'97 b ** 5 1 if a licensed child placing agency or approved governmental unit 2 certifies to the department all of the following: 3 (a) The adult is a person with a developmental disability as 4 defined by section 100a of the mental health code, 1974 PA 258, 5 MCL 330.1100a, or a person who is otherwise neurologically dis- 6 abled,andthe personis also physically limited to such a 7 degree as to require complete physical assistance with mobility 8 and activities of daily living. 9 (b) The placement is in the bestinterestINTERESTS of the 10 adult and will not adversely affect theinterestINTERESTS of 11 the foster child or children residing in the foster family home. 12 (c) The identified needs of the adult can be met by the 13 foster family home. 14 (d) The adult will be compatible with other residents of the 15 foster family home. 16 (e) The child placing agency or approved governmental unit 17 will periodically reevaluate the placement of an adult under this 18 subsection to determine that the criteria for placement in subdi- 19 visions (a) through (d) continue to be met and document that the 20 adult is receiving care consistent with the administrative rules 21 for a child placing agency. 22 (9)(8) TheON AN EXCEPTION BASIS, THE director of the 23 department, or his or her designee, may authorize, on an excep-24tion basis,a licensed child placing agency or an approved gov- 25 ernmental unit to place a child in an adult foster care family 26 home or an adult foster care small group home licensed under the 27 adult foster care licensing act, 1979 PA 218, MCL 400.701 to S03598'97 b ** 6 1 400.737, if the licensed child placing agency or approved 2 governmental unit certifies to the department all of the 3 following: 4 (a) The placement is in the best interests of the child. 5 (b) The placement has the concurrence of the parent or 6 guardian of the child. 7 (c) The identified needs of the child can be met adequately 8 by the adult foster care family home or small group home. 9 (d) The CHILD'S psychosocial and clinical needsof the10childare compatible with those of other residents of the adult 11 foster care family home or small group home. 12 (e) The clinical treatment of the child's condition is simi- 13 lar to that of the other residents of the adult foster care 14 family home or small group home. 15 (f) The child's cognitive level is consistent with the cog- 16 nitive level of the other residents of the adult foster care 17 family home or small group home. 18 (g) The child is neurologically disabled and is also physi- 19 cally limited to such a degree as to require complete physical 20 assistance with mobility and activities of daily living. 21 (h) The child placing agency or approved governmental unit 22 will periodically reevaluate the placement of a child under this 23 subsection to determine that the criteria for placement in subdi- 24 visions (a) to (g) continue to be met. 25 SEC. 5B. (1) IF A COUNTY JUVENILE AGENCY AS DEFINED IN 26 SECTION 2 OF THE COUNTY JUVENILE AGENCY ACT CERTIFIES THAT IT 27 INTENDS TO CONTRACT WITH A LICENSE APPLICANT AS PROVIDED IN S03598'97 b ** 7 1 SECTION 5(2), THE DEPARTMENT SHALL REVIEW THE APPLICATION AND 2 ADVISE THE APPLICANT AND THE COUNTY JUVENILE AGENCY WITHIN 10 3 DAYS AFTER RECEIVING THE APPLICATION WHAT FURTHER INFORMATION OR 4 MATERIAL IS NECESSARY TO COMPLETE THE APPLICATION. 5 (2) IF THE DEPARTMENT FAILS TO ISSUE OR DENY THE LICENSE 6 WITHIN 60 DAYS AFTER RECEIVING THE INFORMATION IT DETERMINED WAS 7 NECESSARY TO COMPLETE THE APPLICATION, THE COUNTY JUVENILE AGENCY 8 MAY REVIEW THE APPLICATION USING THE SAME CRITERIA THIS ACT 9 REQUIRES THE DEPARTMENT TO USE. IF THE COUNTY JUVENILE AGENCY 10 APPROVES THE APPLICANT, IT SHALL NOTIFY THE DEPARTMENT. 11 (3) THE COUNTY JUVENILE AGENCY IS A PARTY FOR PURPOSES OF 12 ANY HEARING, REVIEW, OR OTHER PROCEEDING ON A LICENSE APPLICATION 13 DESCRIBED IN THIS SECTION OR SECTION 5(2). THE COUNTY JUVENILE 14 AGENCY OR APPLICANT MAY CHALLENGE THE DEPARTMENT'S DETERMINATION 15 CONCERNING WHAT FURTHER INFORMATION OR MATERIAL IS NECESSARY TO 16 COMPLETE THE APPLICATION. 17 Enacting section 1. This amendatory act does not take 18 effect unless all of the following bills of the 89th Legislature 19 are enacted into law: 20 (a) Senate Bill No. 1183. 21 22 (b) Senate Bill No. 1184. 23 24 (c) Senate Bill No. 1185. 25 26 (d) Senate Bill No. 1187. 27 S03598'97 b ** 8 1 (e) Senate Bill No. 1196. 2 3 (f) Senate Bill No. 1197. 4 S03598'97 b ** Final page. JOJ