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.
(c) Department of education.
(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.
(c) The general financial ability and competence of applicants
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.