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SB-0271, As Passed House, December 13, 2007

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 271

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 2006 PA 580 and

by adding sections 5h, 5i, 5j, and 5k.

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. 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~~ child 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~~

child 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~~ child 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.

Before certifying to the department that a foster family home or

foster family group home meets the licensing requirements

prescribed by this act, the licensed child placing agency or

approved governmental unit shall receive and review a medical

statement for each member of the household indicating that he or

she does not have a known condition that would affect the care of a

foster child. The medical statement required under this section

shall be signed and dated by a physician licensed under article 15

of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838,

a physician's assistant licensed under article 15 of the public

health code, 1978 PA 368, MCL 333.16101 to 333.18838, or a

certified nurse practitioner licensed as a registered professional

nurse under part 172 of the public health code, 1978 PA 368, MCL

333.17201 to 333.17242, who has been issued a specialty

certification as a nurse practitioner by the board of nursing under

section 17210 of the public health code, 1978 PA 368, MCL

333.17210, within the 12 months immediately preceding the date of

the initial evaluation. This subsection does not require new or

additional third party reimbursement or worker's compensation

benefits for services rendered. 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 facility 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 October 1, 2007, except~~ 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~~ child care homes, and family ~~day~~ child 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~~ child 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~~ child care home, or family ~~day~~ child

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~~ child care home, or family ~~day~~ child

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~~ child 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~~ child care homes, and family ~~day~~

child 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.

(14) Except as provided in section 5c(8), 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. If a

criminal history check or criminal records check performed under

section 5c or information obtained as a result of notification from

the department of state police under section 5k reveals that an

applicant for a license under this act has been convicted of a

listed offense, the department shall not issue a license to that

applicant. If a criminal history check or criminal records check

performed under section 5c or information obtained as a result of

notification from the department of state police under section 5k

reveals that an applicant for renewal of a license under this act

has been convicted of a listed offense, the department shall not

renew that license. If a criminal history check or criminal records

check performed under section 5c or information obtained as a

result of notification from the department of state police under

section 5k reveals that a current licensee has been convicted of a

listed offense, the department shall revoke the license of that

licensee.

(15) Except as provided in section 5f(13), the department

shall not issue or renew a certificate of registration to a family

~~day~~ child care home or a license to a group ~~day~~ child care home

under this act without requesting a criminal history check and

criminal records check as required by ~~section~~ sections 5f and a

~~department of state police ICHAT check required by section~~ 5g. If a

criminal history check or criminal records check performed under

section 5f or ~~an ICHAT check performed under section~~ 5g or

information obtained as a result of notification from the

department of state police under section 5k reveals that an

applicant for a certificate of registration or license under this

act or a person over 18 years of age residing in that applicant's

home has been convicted of a listed offense, the department shall

not issue a certificate of registration or license to that

applicant. If a criminal history check or criminal records check

performed under section 5f or ~~an ICHAT check performed under~~

~~section~~ 5g or information obtained as a result of notification from

the department of state police under section 5k reveals that an

applicant for renewal of a certificate of registration or license

under this act or a person over 18 years of age residing in that

applicant's home has been convicted of a listed offense, the

department shall not renew a certificate of registration or license

to that applicant. If a criminal history check or criminal records

check performed under section 5f or ~~an ICHAT check performed under~~

~~section~~ 5g or information obtained as a result of notification from

the department of state police under section 5k reveals that a

current registrant or licensee under this act or a person over 18

years of age residing in that registrant's or licensee's home has

been convicted of a listed offense, the department shall revoke

that registrant's certificate of registration or licensee's

license.

(16) Except as provided in section 5h(7), the department shall

not issue or renew a license to operate a foster family home or

foster family group home under this act without requesting a

criminal history check and criminal records check as required by

sections 5h and 5j. If a criminal history check or criminal records

check performed under section 5h or 5j or information obtained as a

result of notification from the department of state police under

section 5k reveals that an applicant for a license to operate a

foster family home or foster family group home under this act or a

person over 18 years of age residing in that applicant's home has

been convicted of a listed offense, the department shall not issue

a license to that applicant. If a criminal history check or criminal

records check performed under section 5h or 5j or information

obtained as a result of notification from the department of state

police under section 5k reveals that an applicant for renewal of a

license to operate a foster family home or foster family group home

under this act or a person over 18 years of age residing in that

applicant's home has been convicted of a listed offense, the

department shall not renew a license to that applicant. If a

criminal history check or criminal records check performed under

section 5h or 5j or information obtained as a result of

notification from the department of state police under section 5k

reveals that a current licensee under this act of a foster family

home or foster family group home or a person over 18 years of age

residing in that licensee's foster family home or foster family

group home has been convicted of a listed offense, the department

shall revoke that licensee's license.

(17) ~~(16)~~ As used in this section:

(a) "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.

(b) "Good moral character" means that term as defined in and

determined under 1974 PA 381, MCL 338.41 to 338.47.

a foster child, who resides in a foster family home or foster

family group home on an ongoing or recurrent basis.

Sec. 5h. (1) Except as provided in subsection (7), when a

person applies for or to renew a license to operate a foster family

home or foster family group home under this act, 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 license to operate a foster

family home or foster family group 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 a reasonable time 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 a reasonable time 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) The department of state police may charge the department 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) Beginning January 1, 2008, if a person applying to renew a

license to operate a foster family home or foster family group home

under this act has previously undergone a criminal history check

and criminal records check required under subsection (1) and has

continuously maintained a license to operate a foster family home

or foster family group home under this act after the criminal

history check and criminal records check have been performed, that

person is not required to submit to another criminal history check

or criminal records check upon renewal of the license obtained to

operate a foster family home or foster family group home under this

act.

(8) The department shall provide written notice to all persons

currently issued a license to operate a foster family home or

foster family group home and all applicants applying for a license

to operate a foster family home or foster family group home, that

upon renewal all licensees will be required to submit fingerprints

and undergo a criminal history check and a criminal records check

before their licenses will be renewed. The notice provided under

this subsection shall include information to the licensee that he

or she may submit his or her fingerprints in advance of the time

his or her license is up for renewal.

Sec. 5i. (1) A person to whom a license to operate a foster

family home or foster family group home has been issued under this

act shall report to the department within 3 business days after he

or she has been arraigned for 1 or more of the following crimes and

within 3 business days after he or she knows or should reasonably

know that a person over 18 years of age residing in the home has

been arraigned for 1 or more of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt

to commit criminal sexual conduct in the fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt to

commit child abuse in the third or fourth degree.

(iii) A misdemeanor involving cruelty, torture, or indecent

exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public

health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 145a, 335a, or 359 of

the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a,

750.145a, 750.335a, and 750.359, or a misdemeanor violation of

section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328,

MCL 750.81, 750.81a, and 750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

state, of a political subdivision of this state or another state,

or of the United States.

(2) A person who violates subsection (1) is guilty of a crime

as follows:

(a) If the person violates subsection (1) and the crime

involved in the violation is a misdemeanor that is a listed offense

or is a felony, the person is guilty of a felony punishable by

imprisonment for not more than 2 years or a fine of not more than

$2,000.00, or both.

(b) If the person violates subsection (1) and the crime

involved in the violation is a misdemeanor that is not a listed

offense, the person is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$1,000.00, or both.

(3) The department shall delete from the licensee's records

all information relating to an arraignment required to be reported

under this section if the department receives documentation that

the person arraigned for the crime is subsequently not convicted of

any crime after the completion of judicial proceedings resulting

from that arraignment.

(4) Not later than January 1, 2008, the department shall

inform all persons currently issued a license to operate a foster

family home or foster family group home and all applicants for a

license to operate a foster family home or foster family group home

of the requirement to report certain arraignments as required in

this section and the penalty for not reporting those arraignments.

(5) At the time the department issues a license to operate a

foster family home or foster family group home under this act, the

department shall notify the licensee of the requirement to report

certain arraignments as required in this section and the penalty

for not reporting those arraignments.

Sec. 5j. (1) When a person applies for or to renew a license

to operate a foster family home or foster family group home under

this act, the department shall perform a criminal history check

with the department of state police on all persons over 18 years of

age residing in the home in which the foster family home or foster

family group home is operated. This section does not apply to a

person residing in the home for a period of not more than 14 days.

(2) Not later than January 1, 2009, the department shall

perform a criminal history check with the department of state

police on all persons over 18 years of age residing in the home in

which a foster family home or foster family group home is currently

operated.

(3) If a criminal history check reveals that a person over 18

years of age residing in the foster family home or foster family

group home has been convicted of a listed offense, the department

shall not issue a license to the applicant, shall not renew a

license to the licensee applying for renewal, or shall revoke a

current licensee's license.

Sec. 5k. The department of state police shall store and

maintain all fingerprints submitted under this act in an automated

fingerprint identification system database that provides for an

automatic notification at the time a subsequent criminal arrest

fingerprint card submitted into the system matches a set of

fingerprints previously submitted in accordance with this act. Upon

such notification, the department of state police shall immediately

notify the department and the department shall immediately contact

the respective child care center, day care center, family child

care home, group child care home, licensed child placing agency or

approved governmental unit, foster family home, or foster family

group home with which that individual is associated. Information in

the database maintained under this subsection is confidential, is

not subject to disclosure under the freedom of information act,

1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to

any person except for purposes of this act or for law enforcement

purposes.

Enacting section 1. This amendatory act takes effect January

1, 2008.