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 section 5c.
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.
(c) The child will be compatible with other residents of the
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.
(c) The identified needs of the adult can be met by the foster
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.
(c) The identified needs of the child can be met adequately by
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.
(c) The number of applications rejected.
(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.
(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.
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
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 and 5e:
(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
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.