MCL - Act 116 of 1973


Act 116 of 1973

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.

History: 1973, Act 116, Eff. Mar. 29, 1974 ;-- Am. 1994, Act 209, Eff. Jan. 1, 1995 ;-- Am. 1997, Act 165, Eff. Mar. 31, 1998
Compiler's Notes: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.
Popular Name: Act 116
Popular Name: Child Care Licensing Act

The People of the State of Michigan enact:
Document Type Description
Section 722.111 Section Definitions; increased capacity requirements; rescission of increased capacity; appeal.
Section 722.111a Section Concurrent licensing as adult foster care family home or adult foster care small group home; additional children; combined licensed capacity; limitation; definitions.
Section 722.112 Section Rules; ad hoc committee; restrictions; review; compliance timeline.
Section 722.112a Section Child caring institution, foster family home, foster family group home, child care center, group child care home, and family child care home; individual certified in first aid and cardiopulmonary resuscitation; applicability of MCL 722.125.
Section 722.112b Section Definitions for MCL 722.112c, 722.112d, and 722.112e.
Section 722.112c Section Emergency safety intervention; use in child caring institution contracting with community mental health services program or prepaid inpatient health plan; compliance with rules.
Section 722.112d Section Personal restraint or seclusion; use; limitations; requirements; order; evaluation; face-to-face assessment; definitions.
Section 722.112e Section Personal restraint or seclusion; release; documentation; record; notification; debriefing; report of serious occurrence; annual report.
Section 722.113 Section Inspection of child care organizations; use of administrative rules; contract; investigation and certification of foster family home or group home; inspection reports; final determination as to license; report of findings.
Section 722.113a Section Visiting child at child care center, group child care home, or family child care home; effect of court order.
Section 722.113b Section Smoking prohibited; "smoke" or "smoking" defined.
Section 722.113c Section Smoking on premises of group child care home or family child care home during hours of operation prohibited; smoking during other hours; notice to parent or legal guardian.
Section 722.113d Section Repealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.113e Section Criminal history background check required; posting notice; rules.
Section 722.113f Section Child care organization receiving notice of high-risk special investigation; notification to parent or legal guardian; requirements; noncompliance; determination of no substantial rule violations; exceptions; "high-risk special investigation" defined.
Section 722.113g Section Licensing records notebook.
Section 722.113h Section Unannounced inspections of child care organizations.
Section 722.113i Section Drinking water management plan; requirements; mandatory review and update; water sampling and testing; presence of lead; installation of filtered water sources; document retention.
Section 722.113j Section Duties of child care center under drinking water management plan.
Section 722.113k Section Child care center located in school building; drinking water compliance standards.
Section 722.113l Section Department of licensing and regulatory affairs; support for maintaining compliance; training on filter use, installation, and maintenance; guidance documents.
Section 722.114 Section Consultation and assistance to organizations.
Section 722.114a Section Child care center, group child care home, or family child care home; driver license or identification card required for obtaining or renewing license by applicant, licensee, or licensee designate.
Section 722.115 Section License required; applicability; application; forms; investigations; on-site visit; issuance or renewal of license; investigation and certification of foster family home or group home; placement of children in foster family home, foster family group home, unlicensed residence, adult foster care family home, or adult foster care small group home; certification; criminal history check; "good moral character" defined.
Section 722.115a Section Providing records to child advocate.
Section 722.115b Section Contract with license applicant; review of application; failure to issue or deny license within certain period of time; action for mandamus; county juvenile agency as party to proceeding.
Section 722.115c Section Applicant for child care organization license; criminal history check; requirements; fee; renewal.
Section 722.115d Section Conditional offer of employment to person at child care organization; criminal history background check; cost; exception for renewal.
Section 722.115e Section Arraignment or conviction of licensee, staff member, or member of household; report; crime; staff member not convicted of crime; deletion of information from records; notice requirements.
Section 722.115f Section Repealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.115g Section Duties of department upon conviction of household member.
Section 722.115h Section Application for or to renew license to operate foster family home or foster family group home; criminal history check required; procedures.
Section 722.115i Section Arraignment or conviction of licensee operating foster family home or foster family group home; report; crimes; violation; person not convicted; deletion of information from records.
Section 722.115j Section Criminal history background check performed by department.
Section 722.115k Section Storage and retention of fingerprints in automated fingerprint identification system database; automatic notification.
Section 722.115l Section Person making report, cooperating in investigation, or assisting in other requirement; immunity from liability; confidentiality; anonymous complaint; false report.
Section 722.115m Section Child care center, group child care home, or family child care home; requirements for licensure; disclosure of ownership interest.
Section 722.115n Section Application for or renewal of license to operate child care center, group child care home, or family child care home; household member or child care staff member; criminal history check; requirements; duties of department.
Section 722.115o Section Operation of child care center, group child care home, or family child care home; criminal history check; issuance of license prohibited; revocation.
Section 722.115p Section Child care center, group child care home, or family child care home; potential or current child care staff member convicted of crime.
Section 722.115q Section Child care center, group child care home, or family child care home; contact with child by licensee, child care staff member, or household adult member prohibited; conditions.
Section 722.115r Section Individual required to undergo criminal history check or database check; individual ineligible to receive license, be adult member of household, or be child care staff member; conditions.
Section 722.115s Section Individual previously reviewed and approved before effective date of amendatory act; request for redetermination.
Section 722.116 Section Evaluation of governmental child care organizations; report; state funds.
Section 722.116a Section Annual comprehensive needs assessment.
Section 722.117 Section Original license; renewal or refusal to renew; modification to provisional license.
Section 722.117a Section Provisional license.
Section 722.118 Section Regular license; renewal; duration; contents; reissuance; extended license.
Section 722.118a Section Assessment of child care organization compliance with act and rules; assessment of foster family home or foster family group home; certification; on-site evaluation.
Section 722.118b Section Regulation of foster family homes or foster family group homes; variance.
Section 722.118c Section License; issuance to specific person or organization; location; nontransferable; property of department.
Section 722.118d Section Applicability of licensing requirements for certain services under safe families for children act.
Section 722.118e Section Licensure and notification requirements for child care centers within a multiple occupancy building; rescission of R 400.8560.
Section 722.119 Section Child care organization; presence of certain individuals prohibited; conditions; contact by certain individuals prohibited; conditions; documentation that individual not named in central registry; policy regarding supervision of volunteers; children's camps or campsites; administrative review for former applicant or licensee; expungement; criminal history check.
Section 722.119a Section Repealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.120 Section Investigation, inspection, and examination of conditions, books, records, and reports; access by department, bureau of fire services, or local authorities; records; report; forms; confidentiality; disclosure of information; availability of confidential records; child information cards to be provided to department; failure of licensee to cooperate with investigation, inspection, or examination.
Section 722.120a Section Contribution.
Section 722.121 Section Denial, revocation, or refusal to renew license; grounds; notice; appeal; hearing; decision; protest; denial of license for noncompliance; complaint by legislative body of city, village, or township; procedure; previous revocation of license or certificate of registration; issuance of license to individuals prohibited; conditions; immediate revocation or refusal to renew license or denial of application; issuance of subpoena; order; definitions.
Section 722.121a Section Notice of location of new and existing licensed child caring institutions or foster family group homes.
Section 722.121b Section Database; establishment; maintenance; information.
Section 722.121c Section Temporary operation at unlicensed location in case of disaster; new license required if remaining at new location; determination of disaster.
Section 722.122 Section Appeal.
Section 722.123 Section Injunction.
Section 722.123a Section Placement in a qualified residential treatment program; requirements; assessment of qualified individual; duties of court or administrative body; dispositional review; approval for continued placement; definitions.
Section 722.124 Section Persons authorized to place child.
Section 722.124a Section Consent to medical and surgical treatment of minor child; "routine, nonsurgical medical care" defined.
Section 722.124b Section Definitions used in MCL 722.124b, 722.124c, and 722.124d.
Section 722.124c Section Filing of public information form by primary adoption facilitator; contents; authentication; applicability of section to certain adoptions.
Section 722.124d Section Public information form; reporting nonconfidential information; detachable section; distribution of blank forms; acceptance and maintenance of completed forms; individual requests for information about adoption facilitators; sending nonconfidential portion in response to individual's request; fee.
Section 722.124e Section Legislative findings and declaration; requirement to provide services that conflict with child placing agency's religious beliefs prohibited; adverse action against child placing agency prohibited; information to be provided to applicant; defense in administrative or judicial proceeding; ability of another child placing agency to provide services not limited; definitions.
Section 722.124f Section Decision to accept or not accept referral; defense in administrative or judicial proceeding; "adverse action" defined.
Section 722.125 Section Violation of act; violation of rule causing death of child; penalty; conviction as ground for revocation of license; effect of revocation, denial, or refusal to renew; rejection of application; "certificate of registration" defined.
Section 722.126 Section Education to public.
Section 722.127 Section Objection on religious grounds to medical examination, immunization, or treatment of child.
Section 722.127a Section Use of inhaler or epinephrine auto-injector by child at children's camp.
Section 722.128 Section Repeal.