SB-0615, As Passed Senate, June 30, 2005

SENATE BILL No. 615

(As amended, June 30, 2005)

June 16, 2005, Introduced by Senators HARDIMAN, BIRKHOLZ, CROPSEY, GOSCHKA and BROWN 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 5 (MCL 722.115), as amended by 2004 PA 315, and

by adding sections 5c, 5f, and 5g.>>

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5. (1) A person, partnership, firm, corporation,

association, or nongovernmental organization shall not establish or

maintain a child care organization unless licensed or registered by

the department. Application for a license or certificate of

registration shall be made on forms provided, and in the manner

prescribed, by the department. Before issuing or renewing a

license, the department shall investigate the applicant's

activities and proposed standards of care and shall make an on-site

visit of the proposed or established organization. If the

department is satisfied as to the need for a child care

organization, its financial stability, the applicant's good moral

character, and that the services and facilities are conducive to

the welfare of the children, the department shall issue or renew

the license. As used in this subsection, "good moral character"

means that term as defined in and determined under 1974 PA 381, MCL

338.41 to 338.47. If a county juvenile agency as defined in section

2 of the county juvenile agency act, 1998 PA 518, MCL 45.622,

certifies to the department that it intends to contract with an

applicant for a new license, the department shall issue or deny the

license within 60 days after it receives a complete application as

provided in section 5b.

(2) The department shall issue a certificate of registration

to a person who has successfully completed an orientation session

offered by the department and who certifies to the department that

the family day care home has complied with and will continue to

comply with the rules promulgated under this act and will provide

services and facilities, as determined by the department, conducive

to the welfare of children. The department shall make available to

applicants for registration an orientation session to applicants

for registration regarding this act, the rules promulgated under

this act, and the needs of children in family day care before

issuing a certificate of registration. The department shall issue a

certificate of registration to a specific person at a specific

location. A certificate of registration is nontransferable and

remains the property of the department. Within 90 days after

initial registration, the department shall make an on-site visit of

the family day care home.

(3) The department may authorize a licensed child placing

agency or an approved governmental unit to investigate a foster

family home or a foster family group home according to subsection

(1) and to certify that the foster family home or foster family

group home meets the licensing requirements prescribed by this act.

A foster family home or a foster family group home shall be

certified for licensing by the department by only 1 child placing

agency or approved governmental unit. Other child placing agencies

may place children in a foster family home or foster family group

home only upon the approval of the certifying agency or

governmental unit.

(4) The department may authorize a licensed child placing

agency or an approved governmental unit to place a child who is 16

or 17 years of age in his or her own unlicensed residence, or in

the unlicensed residence of an adult who has no supervisory

responsibility for the child, if a child placing agency or

governmental unit retains supervisory responsibility for the child.

(5) A licensed child placing agency, child caring institution,

and an approved governmental unit shall provide the state court

administrative office and a local foster care review board

established under 1984 PA 422, MCL 722.131 to 722.139a, those

records requested pertaining to children in foster care placement

for more than 6 months.

(6) The department may authorize a licensed child placing

agency or an approved governmental unit to place a child who is 16

or 17 years old in an adult foster care family home or an adult

foster care small group home licensed under the adult foster care

facility licensing act, 1979 PA 218, MCL 400.701 to 400.737, if a

licensed child placing agency or approved governmental unit retains

supervisory responsibility for the child and certifies to the

department all of the following:

(a) The placement is in the best interests of the child.

(b) The child's needs can be adequately met by the adult

foster care family home or small group home.

adult foster care family home or small group home.

(d) The child placing agency or approved governmental unit

will periodically reevaluate the placement of a child under this

subsection to determine that the criteria for placement in

subdivisions (a) through (c) continue to be met.

(7) On an exception basis, the director of the department, or

his or her designee, may authorize a licensed child placing agency

or an approved governmental unit to place an adult in a foster

family home if a licensed child placing agency or approved

governmental unit certifies to the department all of the following:

(a) The adult is a person with a developmental disability as

defined by section 100a of the mental health code, 1974 PA 258, MCL

330.1100a, or a person who is otherwise neurologically disabled and

is also physically limited to a degree that requires complete

physical assistance with mobility and activities of daily living.

(b) The placement is in the best interests of the adult and

will not adversely affect the interests of the foster child or

children residing in the foster family home.

family home.

(d) The adult will be compatible with other residents of the

foster family home.

(e) The child placing agency or approved governmental unit

will periodically reevaluate the placement of an adult under this

subsection to determine that the criteria for placement in

subdivisions (a) through (d) continue to be met and document that

the adult is receiving care consistent with the administrative

rules for a child placing agency.

(8) On an exception basis, the director of the department, or

his or her designee, may authorize a licensed child placing agency

or an approved governmental unit to place a child in an adult

foster care family home or an adult foster care small group home

licensed under the adult foster care licensing act, 1979 PA 218,

MCL 400.701 to 400.737, if the licensed child placing agency or

approved governmental unit certifies to the department all of the

following:

(a) The placement is in the best interests of the child.

(b) The placement has the concurrence of the parent or

guardian of the child.

the adult foster care family home or small group home.

(d) The child's psychosocial and clinical needs are compatible

with those of other residents of the adult foster care family home

or small group home.

(e) The clinical treatment of the child's condition is similar

to that of the other residents of the adult foster care family home

or small group home.

(f) The child's cognitive level is consistent with the

cognitive level of the other residents of the adult foster care

family home or small group home.

(g) The child is neurologically disabled and is also

physically limited to such a degree as to require complete physical

assistance with mobility and activities of daily living.

(h) The child placing agency or approved governmental unit

will periodically reevaluate the placement of a child under this

subsection to determine that the criteria for placement in

subdivisions (a) to (g) continue to be met.

(9) Beginning ~~the effective date of the amendatory act that~~

~~added this subsection~~ October 1, 2007, except as provided in

subsection (1) and section 5b, the department shall issue an

initial or renewal license or registration under this act for child

care centers, group day care homes, and family day care homes not

later than 6 months after the applicant files a completed

application. Receipt of the application is considered the date the

application is received by any agency or department of this state.

If the application is considered incomplete by the department, the

department shall notify the applicant in writing or make notice

electronically available within 30 days after receipt of the

incomplete application, describing the deficiency and requesting

additional information. This subsection does not affect the time

period within which an on-site visit to a family day care home

shall be made. If the department identifies a deficiency or

requires the fulfillment of a corrective action plan, the 6-month

period is tolled until either of the following occurs:

(a) Upon notification by the department of a deficiency, until

the date the requested information is received by the department.

(b) Upon notification by the department that a corrective

action plan is required, until the date the department determines

the requirements of the corrective action plan have been met.

(10) The determination of the completeness of an application

is not an approval of the application for the license and does not

confer eligibility on an applicant determined otherwise ineligible

for issuance of a license.

(11) Except as provided in subsection (1) and section 5b, if

the department fails to issue or deny a license or registration to

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

within the time required by this section, the department shall

return the license or registration fee and shall reduce the license

or registration fee for the applicant's next renewal application,

if any, by 15%. Failure to issue or deny a license to a child care

center, group day care home, or family day care home within the

time period required under this section does not allow the

department to otherwise delay the processing of the application. A

completed application shall be placed in sequence with other

completed applications received at that same time. The department

shall not discriminate against an applicant in the processing of an

application based on the fact that the application fee was refunded

or discounted under this subsection.

(12) If, on a continual basis, inspections performed by a

local health department delay the department in issuing or denying

licenses or registrations for child care centers, group day care

homes, and family day care homes under this act within the 6-month

period, the department may use department staff to complete the

inspections instead of the local health department causing the

delays.

(13) Beginning October 1, 2008, the director of the department

shall submit a report by December 1 of each year to the standing

committees and appropriations subcommittees of the senate and house

of representatives concerned with human services and children's

issues. The director shall include all of the following information

regarding applications for licenses and registrations only for

child care centers, group day care homes, and family day care homes

filed under this act in the report concerning the preceding fiscal

year:

(a) The number of initial and renewal applications the

department received and completed within the 6-month time period

described in subsection (9).

(b) The number of applications requiring a request for

additional information.

(d) The number of licenses and registrations not issued within

the 6-month period.

(e) The average processing time for initial and renewal

licenses and registrations granted after the 6-month period.

Senate Bill No. 615 as amended June 30, 2005

(14) As used in this section, "completed application" means an

application complete on its face and submitted with any applicable

licensing or registration fees as well as any other information,

records, approval, security, or similar item required by law or

rule from a local unit of government, a federal agency, or a

private entity but not from another department or agency of this

state. A completed application does not include a health inspection

performed by a local health department.

(15) The department shall not issue to or renew the license of

a child care center or day care center under this act without

requesting a criminal history check and criminal records check as

required by section 5c. <<The department shall not issue or renew a

certificate of registration to a family day care home or group day care home under this act without requesting a criminal history check and criminal records check as required by section 5f and a department of state police ICHAT check required by section 5g.>>

Sec. 5c. (1) When a person, partnership, firm, corporation,

association, or nongovernmental organization applies for or to

renew a license for a child care center or day care center under

section 5, the department shall request the department of state

police to perform both of the following on the person or each

partner, officer, or manager of the child care center or day care

center applying for the license:

(a) Conduct a criminal history check on the person.

(b) Conduct a criminal records check through the federal

bureau of investigation on the person.

(2) Each person applying for a license to operate a child care

center or day care center shall give written consent at the time of

the license application for the department of state police to

conduct the criminal history check and criminal records check

required under this section. The department shall require the

Senate Bill No. 615 as amended June 30, 2005

person to submit his or her fingerprints to the department of state

police for the criminal history check and criminal records check

described in subsection (1).

(3) The department shall request a criminal history check and

criminal records check required under this section on a form and in

the manner prescribed by the department of state police.

(4) Within 30 days after receiving a complete request by the

department for a criminal history check on a person under this

section, the department of state police shall conduct the criminal

history check and provide a report of the results to the

department. The report shall contain any criminal history record

information on the person maintained by the department of state

police.

(5) Within 7 days after receiving a proper request by the

department for a criminal records check on a person under this

section, the department of state police shall initiate the criminal

records check. After receiving the results of the criminal records

check from the federal bureau of investigation, the department of

state police shall provide a report of the results to the

department.

(6) As used in this section and sections <<5d, 5e, 5f, and 5g>>:

(a) "Criminal history record information" means that term as

defined in section 1a of 1925 PA 289, MCL 28.241a.

(b) "Listed offense" means that term as defined in section 2

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(7) Criminal history record information or the results of a

criminal records check under this section shall be used by a child

Senate Bill No. 615 as amended June 30, 2005

care center or day care center only for the purpose of evaluating

an applicant's qualifications for employment in the position for

which he or she has applied or whether to retain an employee. A

licensee or its officers, agents, or employees shall not disclose

the report or its contents except a felony conviction or a

misdemeanor conviction involving sexual or physical abuse to a

person not directly involved in evaluating the applicant's

qualifications for employment or the issue of the employee's

continued employment.

(8) The department of state police may charge a fee for a

criminal history check or a criminal records check required under

this section that does not exceed the actual and reasonable cost of

conducting the check.

<<Sec. 5f. (1) When a person applies for a certificate of registration to operate a family day care home or group day care home under section 5, the department shall request the department of state police to perform both of the following on that person:

(a) Conduct a criminal history check on the person.

(b) Conduct a criminal records check through the federal bureau of investigation on the person.

(2) Each person applying for a certificate of registration to operate a family day care home or a group day care home shall give written consent at the time of application for the department of state police to conduct a criminal history check and a criminal records check required under this section. The department shall require the person to submit his or her fingerprints to the department of state police for the criminal history check and criminal records check described in subsection (1).

(3) The department shall request a criminal history check and criminal records check required under this section on a form and in the manner prescribed by the department of state police.

(4) Within 30 days after receiving a complete request by the department for a criminal history check on a person under this section, the department of state police shall conduct the criminal history check and provide a report of the results to the department. The report shall contain any criminal history record information on the person maintained by the department of state police.

(5) Within 7 days after receiving a proper request by the department for a criminal records check on a person under this section, the department of state police shall initiate the criminal records check. After receiving the results of the criminal records check from the federal bureau of investigation, the department of state police shall

Senate Bill No. 615 as amended June 30, 2005

provide a report of the results to the department.

(6) The department of state police may charge a fee for a criminal history check or a criminal records check required under this section that does not exceed the actual and reasonable cost of conducting the check.

(7) A person to whom a certificate of registration has been issued under this act shall report to the department within 7 days after he or she has been charged with a crime listed in section 1535a of the revised school code, 1976 PA 451, MCL 380.1535a, or within 7 days after he or she knows or should reasonablY know that a person described in section 5g(1) has been charged with a crime listed in section 1535a of the revised school code, 1976 PA 451, MCL 380.1535a.

(8) If a person required to report under this section does not report to the department as required in this section, that person is guilty of either of the following:

(a) If the crime that was not reported is a felony, the registrant is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00.

(b) If the crime that was not reported is a misdemeanor, the registrant is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

(9) THE DEPARTMENT SHALL DELETE FROM THE REGISTRANT'S RECORDS ALL INFORMATION RELATING TO A CHARGE REQUIRED TO BE REPORTED UNDER THIS SECTION IF THE DEPARTMENT RECEIVES DOCUMENTATION OF EITHER OF THE FOLLOWING:

(A) THE PERSON HAS BEEN ACQUITTED OF A CHARGE HE OR SHE WAS REQUIRED TO REPORT UNDER THIS SECTION.

(B) A CHARGE REPORTED UNDER THIS SECTION HAS BEEN DISMISSED.

(10) NOT LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, THE DEPARTMENT SHALL INFORM ALL PERSONS CURRENTLY ISSUED A CERTIFICATE OF REGISTRATION AND ALL APPLICANTS FOR A CEERTIFICATE OF REGISTRATION OF THE REQUIREMENT TO REPORT CERTAIN CHARGES AS REQUIRED IN THIS SECTION AND THE PENALTY FOR NOT REPORTING THOSE CHARGES.

(11) AT THE TIME THE DEPARTMENT ISSUES A CERTIFICATE OF REGISTRATION TO OPERATE A FAMILY DAY CARE HOME OR GROUP DAY CARE HOME UNDER THIS ACT, THE DEPARTMENT SHALL NOTIFY THE REGISTRANT OF THE REQUIREMENT TO REPORT CERTAIN CHARGES AS REQUIRED IN THIS SECTION AND THE PENALTY FOR NOT REPORTING THOSE CHARGES.

(12) NOT LATER THAN 1 YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, THE DEPARTMENT SHALL CONDUCT A CRIMINAL HISTORY CHECK AND CRIMINAL RECRODS CHECK ON ALL PERSONS CURRENTLY ISSUED A CERTIFICATE OF REGISTRATION UNDER THIS ACT TO OPERATE A FAMILY DAY CARE HOME OR GROUP DAY CARE HOME.

Sec. 5g. (1) When a person applies for a certificate of registration to operate a family day care home or group day care home under section 5, the department shall perform a background check using the department of state police's internet criminal history access tool (ICHAT) on all persons over 16 years of age residing in the home in which