HB-5869, As Passed House, March 30, 2006

HOUSE BILL No. 5869

March 14, 2006, Introduced by Reps. Hood, Farhat, Kolb, Taub, Brown, Marleau, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Nofs, Sheltrown, Caul, Baxter, Whitmer, Proos, Farrah, Byrnes, Huizenga, Stahl, Rocca, Sak, Gleason, Pastor, Angerer, Stewart, Jones, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Amos, Brandenburg, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Garfield, Pavlov, Palsrok and Cheeks and referred to the Committee on Appropriations.

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 2, 3, and 10 (MCL 722.112, 722.113, and

722.120), section 2 as amended by 1983 PA 150, section 3 as amended

by 1980 PA 232, and section 10 as amended by 1994 PA 205.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) The department of ~~social~~ human services,

~~hereinafter~~ referred to in this act as the "department", is

responsible for the development of rules for the care and

protection of children in organizations covered by this act and for

the promulgation of these rules pursuant to the administrative

procedures act of 1969, ~~Act No. 306 of the Public Acts of 1969, as~~

~~amended, being sections 24.201 to 24.315 of the Michigan Compiled~~

~~Laws~~ 1969 PA 306, MCL 24.201 to 24.328.

(2) The department shall establish an ad hoc committee for

each type of child care organization as defined in this act when it

is formulating or amending rules under this act. The committee

shall consist of not less than 12 members, and shall include

representatives of the following groups and agencies:

(a) Department of ~~public~~ community health.

(b) Department of ~~state police, fire marshal division~~ labor

and economic growth, bureau of fire services, and state fire safety

board.

~~(d) Department of mental health.~~

(d) ~~(e)~~ Representatives of organizations affected by this

act.

(e) ~~(f)~~ Parents of children affected by this act.

(3) ~~The~~ A majority of the members appointed to the committee

established by subsection (2) shall be representatives of

organizations affected by this act and parents of children affected

by this act. ~~shall constitute a majority of the committee~~

~~membership.~~ The committee shall serve during the period of the

formulation of rules, shall have responsibility for making

recommendations on the content of rules, and shall recommend to the

department revisions in proposed rules at any time before their

promulgation.

(4) ~~(3)~~ The rules promulgated under this act shall be

restricted to the following:

(a) The operation and conduct of child care organizations and

the responsibility the organizations assume for child care.

(b) The character, suitability, training, and qualifications

of applicants and other persons directly responsible for the care

and welfare of children served.

to provide necessary care for children and to maintain prescribed

standards.

(d) The number of individuals or staff required to insure

adequate supervision and care of the children received.

(e) The appropriateness, safety, cleanliness, and general

adequacy of the premises, including maintenance of adequate fire

prevention and health standards to provide for the physical

comfort, care, and well being of the children received. However,

the rules with respect to fire prevention and fire safety shall not

apply to a child care center established and operated by an

intermediate school board, the board of a local school district, or

by the board or governing body of a state approved nonpublic

school, if the child care center is located in a school building

that is approved by the ~~state fire marshal~~ bureau of fire

services created in section 1b of the fire prevention code, 1941 PA

207, MCL 29.1b, or other similar authority as provided in section 3

of ~~Act No. 306 of the Public Acts of 1937, being section 388.853~~

~~of the Michigan Compiled Laws~~ 1937 PA 306, MCL 388.853, for school

purposes and is in compliance with the school fire safety rules, R

~~29.1 to R 29.298~~ R 29.1901 to R 29.1934 of the Michigan

administrative code, as determined by the ~~state fire marshal~~

bureau of fire services or a fire inspector certified pursuant to

section 2b of the fire prevention code, ~~Act No. 207 of the Public~~

~~Acts of 1941, being section 29.2b of the Michigan Compiled Laws~~

1941 PA 207, MCL 29.2b.

(f) Provisions for food, clothing, educational opportunities,

programs, equipment, and individual supplies to assure the healthy

physical, emotional, and mental development of children served.

(g) Provisions to safeguard the legal rights of children

served.

(h) Maintenance of records pertaining to admission, progress,

health, and discharge of children.

(i) Filing of reports with the department.

(j) Discipline of children.

(k) Transportation safety.

(5) ~~(4)~~ Rules once promulgated are subject to major review

by an ad hoc committee not less than once every 5 years and shall

be reviewed biennially by the department. The ad hoc committee

shall be established by the department, shall consist of not less

than 12 members, and shall include representatives of the groups

and agencies indicated in subsection (2). The ad hoc committee

shall hold at least 2 public hearings regarding the review of rules

and shall report its recommendations regarding rules to the

appropriate committees of the legislature.

Sec. 3. (1) The rules promulgated by the department under this

act shall be used by the department of ~~public~~ community health,

the ~~fire marshal division of the department of state police,~~

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 ~~public~~ community health, the ~~fire marshal division~~

~~of the department of state police,~~ bureau of fire services, or

local authorities upon request of the department, or pursuant to

subsection (2).

(2) If an inspection is not conducted pursuant 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 to subsection (1) and pay for that inspection after an

inspection is completed pursuant to 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 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 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 nontransferable, and shall remain the property of the

department.

Sec. 10. (1) The department may investigate and examine

conditions of a child care organization in which a licensee

receives, maintains, or places out children, and may investigate

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

shall admit members of the department and furnish all reasonable

facilities for thorough examination of its books, records, and

reports. The department of ~~public~~ community health, the ~~fire~~

~~marshal division of the department of state police,~~ bureau of fire

services, or local authorities, in carrying out the provisions of

this act, may visit a child care organization to advise in matters

affecting the health or fire protection of children.

(2) 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, 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 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, pursuant to section

7 of the child protection law, ~~Act No. 238 of the Public Acts of~~

~~1975, being section 722.627 of the Michigan Compiled Laws~~ 1975 PA

238, MCL 722.627.

(b) The children's ombudsman ~~created~~ established in section

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

Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 1133 or House Bill No.____ (request no.

03197'05 ***) of the 93rd Legislature is enacted into law.