November 14, 2006, Introduced by Reps. Gosselin, Garfield, Taub, Ward, Stahl, Marleau, Steil, Acciavatti and Drolet and referred to the Committee on Family and Children 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 1 (MCL 722.111), as amended by 2005 PA 202.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Child care organization" means a governmental or
nongovernmental organization having as its principal function the
receiving of minor children for care, maintenance, training, and
supervision, notwithstanding that educational instruction may be
given. Child care organization includes organizations commonly
described as child caring institutions, child placing agencies,
children's camps, child care centers, day care centers, nursery
schools, parent cooperative preschools, foster homes, group homes,
or day care homes. Child care organization does not include a
governmental or nongovernmental organization that does either of
the following:
(i) Provides care exclusively to minors who have been
emancipated by court order under section 4(3) of 1968 PA 293, MCL
722.4.
(ii) Provides care exclusively to persons who are 18 years of
age or older and to minors who have been emancipated by court order
under section 4(3) of 1968 PA 293, MCL 722.4, at the same location.
(b) "Child caring institution" means a child care facility
that is organized for the purpose of receiving minor children for
care, maintenance, and supervision, usually on a 24-hour basis, in
buildings maintained by the child caring institution for that
purpose, and operates throughout the year. An educational program
may be provided, but the educational program shall not be the
primary purpose of the facility. Child caring institution includes
a maternity home for the care of unmarried mothers who are minors
and an agency group home, that is described as a small child caring
institution owned, leased, or rented by a licensed agency providing
care for more than 4 but less than 13 minor children. Child caring
institution also includes institutions for mentally retarded or
emotionally disturbed minor children. Child caring institution does
not include a hospital, nursing home, or home for the aged licensed
under article 17 of the public health code, 1978 PA 368, MCL
333.20101 to 333.22260, a boarding school licensed under section
1335 of the revised school code, 1976 PA 451, MCL 380.1335, a
hospital or facility operated by the state or licensed under the
mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, or 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, in which a child has been
placed under section 5(6).
(c) "Child placing agency" means a governmental organization
or an agency organized under the nonprofit corporation act, 1982 PA
162, MCL 450.2101 to 450.3192, for the purpose of receiving
children for placement in private family homes for foster care or
for adoption. The function of a child placing agency may include
investigating applicants for adoption and investigating and
certifying foster family homes and foster family group homes as
provided in this act. The function of a child placing agency may
also include supervising children who are 16 or 17 years of age and
who are living in unlicensed residences as provided in section
5(4).
(d) "Children's camp" means a residential, day, troop, or
travel camp that provides care and supervision and is conducted in
a natural environment for more than 4 children, apart from the
children's parents, relatives, or legal guardians, for 5 or more
days in a 14-day period.
(e) "Child care center" or "day care center" means a facility,
other than a private residence, receiving 1 or more preschool or
school-age children for care for periods of less than 24 hours a
day, and
where the parents or guardians are not immediately
available to the child. Child care center or day care center
includes a facility that provides care for not less than 2
consecutive weeks, regardless of the number of hours of care per
day. The facility is generally described as a child care center,
day care center, day nursery, nursery school, parent cooperative
preschool, play group, before- or after-school program, or drop-in
center. Child care center or day care center does not include any
of the following:
(i) A Sunday school, a vacation bible school, or a religious
instructional class that is conducted by a religious organization
where children are attending for not more than 3 hours per day for
an indefinite period or for not more than 8 hours per day for a
period not to exceed 4 weeks during a 12-month period.
(ii) A facility operated by a religious organization where
children are cared for not more than 3 hours while persons
responsible for the children are attending religious services.
(iii) A program that is primarily supervised, school-age-child-
focused training in a specific subject, including, but not limited
to, dancing, drama, music, or religion. This exclusion applies only
to the time a child is involved in supervised, school-age-child-
focused training.
(iv) A program that is primarily an incident of group athletic
or social activities for school-age children sponsored by or under
the supervision of an organized club or hobby group, including, but
not limited to, youth clubs, scouting, and school-age recreational
or supplementary education programs. This exclusion applies only to
the time the school-age child is engaged in the group athletic or
social activities and if the school-age child can come and go at
will.
(f) "Department" means the department of human services or a
successor agency or department responsible for licensure and
registration under this act.
(g) (f)
"Private home" means a private residence
in which
the licensee or registrant permanently resides as a member of the
household, which residency is not contingent upon caring for
children or employment by a licensed or approved child placing
agency. Private home includes a full-time foster family home, a
full-time foster family group home, a group day care home, or a
family day care home, as follows:
(i) "Foster family home" is a private home in which 1 but not
more than 4 minor children, who are not related to an adult member
of the household by blood or marriage, or who are not placed in the
household under the Michigan adoption code, chapter X of the
probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70, are given
care and supervision for 24 hours a day, for 4 or more days a week,
for 2 or more consecutive weeks, unattended by a parent or legal
guardian.
(ii) "Foster family group home" means a private home in which
more than 4 but fewer than 7 minor children, who are not related to
an adult member of the household by blood or marriage, or who are
not placed in the household under the Michigan adoption code,
chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to
710.70, are provided care for 24 hours a day, for 4 or more days a
week, for 2 or more consecutive weeks, unattended by a parent or
legal guardian.
(iii) "Family day care home" means a private home in which 1 but
fewer
than 7 12
minor children are received for care
and
supervision for periods of less than 24 hours a day, unattended by
a parent or legal guardian, except children related to an adult
member of the family by blood, marriage, or adoption. Family day
care home includes a home in which care is given to an unrelated
minor child for more than 4 weeks during a calendar year.
(iv) "Group day care home" means a private home in which more
than 6 but not more than 12 minor children are given care and
supervision for periods of less than 24 hours a day unattended by a
parent or legal guardian, except children related to an adult
member of the family by blood, marriage, or adoption. Group day
care home includes a home in which care is given to an unrelated
minor child for more than 4 weeks during a calendar year.
(h) (g)
"Licensee" means a person, partnership,
firm,
corporation, association, nongovernmental organization, or local or
state government child care organization that has been issued a
license under this act to operate a child care organization.
(i) (h)
"Provisional license" means a license
issued to a
child care organization that is temporarily unable to conform to
all of the rules promulgated under this act.
(j) (i)
"Regular license" means a license issued
to a child
care organization indicating that the organization is in compliance
with all rules promulgated under this act.
(k) (j)
"Guardian" means the guardian of the
person.
(l) (k)
"Minor child" means any of the following:
(i) A person less than 18 years of age.
(ii) A person who is a resident in a child caring institution,
children's camp, foster family home, or foster family group home;
who becomes 18 years of age while residing in the child caring
institution, children's camp, foster family home, or foster family
group home; and who continues residing in the child caring
institution, children's camp, foster family home, or foster family
group home to receive care, maintenance, training, and supervision.
However,
a A minor child under this subparagraph does not include
a person 18 years of age or older who is placed in a child caring
institution, foster family home, or foster family group home
pursuant
according to an adjudication under section 2(a) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2,
or section 1 of chapter IX of the code of criminal procedure, 1927
PA 175, MCL 769.1. This subparagraph applies only if the number of
those residents who become 18 years of age does not exceed the
following:
(A) Two, if the total number of residents is 10 or fewer.
(B) Three, if the total number of residents is not less than
11 and not more than 14.
(C) Four, if the total number of residents is not less than 15
and not more than 20.
(D) Five, if the total number of residents is 21 or more.
(iii) A person 18 years of age or older who is placed in a
foster family home under section 5(7).
(m) (l) "Registrant" means a person who has been
issued a
certificate of registration under this act to operate a family day
care home.
(n) (m)
"Registration" means the process by which
the
department of
human services regulates family day care homes, and
includes the requirement that a family day care home certify to the
department of
human services that the family day care home has
complied with and will continue to comply with the rules
promulgated under this act.
(o) (n)
"Certificate of registration" means a
written
document issued under this act to a family day care home through
registration.
(p) (o)
"Related" means a parent, grandparent,
brother,
sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin,
great aunt, great uncle, or stepgrandparent related by marriage,
blood, or adoption.
(q) (p)
"Religious organization" means a church,
ecclesiastical corporation, or group, not organized for pecuniary
profit, that gathers for mutual support and edification in piety or
worship of a supreme deity.
(r) (q)
"School-age child" means a child who is
eligible to
be enrolled in a grade of kindergarten or above, but is less than
13 years of age.
(2) A facility or program for school-age children that is
currently operated and has been in operation and licensed or
approved as provided in this act for a minimum of 2 years may apply
to
the department of human services to be
exempt from inspections
and
on-site visits required under section 5. The department of
human
services shall respond to a facility or program requesting
exemption from inspections and on-site visits required under
section 5 as provided under this subsection within 45 days from the
date
the completed application is received. The department of
human
services may grant exemption from inspections and on-site
visits required under section 5 to a facility or program that meets
all of the following criteria:
(a) The facility or program has been in operation and licensed
or approved under this act for a minimum of 2 years before the
application date.
(b) During the 2 years before the application date, the
facility or program has not had a substantial violation of this
act, rules promulgated under this act, or the terms of a licensure
or an approval under this act.
(c) The school board, board of directors, or governing body
adopts a resolution supporting the application for exemption from
inspections and on-site visits required under section 5 as provided
for in this subsection.
(3) A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided for under
subsection (2) is required to maintain status as a licensed or
approved program under this act and must continue to meet the
requirements of this act, the rules promulgated under this act, or
the terms of a license or approval under this act. A facility or
program granted exemption from inspections and on-site visits
required under section 5 as provided for under subsection (2) is
subject
to an investigation by the department
of human services
when a violation of this act or a violation of a rule promulgated
under this act is alleged.
(4) A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided for under
subsection (2) is not subject to interim or annual licensing
reviews. A facility or program granted exemption from inspections
and on-site visits required under section 5 as provided for under
subsection (2) is required to submit documentation annually
demonstrating compliance with the requirements of this act, the
rules promulgated under this act, or the terms of a license or
approval under this act.
(5) An exemption provided under subsection (2) may be
rescinded
by the department of human services if
the facility or
program willfully and substantially violates this act, the rules
promulgated under this act, or the terms of a license or approval
granted under this act.