SB-1100, As Passed Senate, April 20, 2010

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1100

 

 

 

 

 

 

 

 

 

 

     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 1, 5, 5c, 5d, and 9 (MCL 722.111, 722.115,

 

722.115c, 722.115d, and 722.119), section 1 as amended by 2009 PA

 

155, section 5 as amended by 2007 PA 218, section 5c as amended by

 

2006 PA 580, section 5d as added by 2005 PA 133, and section 9 as

 

added by 2002 PA 674.

 

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

 

receiving 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, children's campsites, children's therapeutic

 

group homes, child care centers, day care centers, nursery schools,

 

parent cooperative preschools, foster homes, group homes, or child

 

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) "Children's campsite" means the outdoor setting where a

 


children's residential or day camp is located.

 

     (f) "Children's therapeutic group home" means a child caring

 

institution receiving not more than 6 minor children who are

 

diagnosed with a developmental disability as defined in section

 

100a of the mental health code, 1974 PA 258, MCL 330.1100a, or a

 

serious emotional disturbance as defined in section 100d of the

 

mental health code, 1974 PA 258, MCL 330.1100d. A children's

 

therapeutic group home meets all of the following requirements:

 

     (i) Provides care, maintenance, and supervision, usually on a

 

24-hour basis.

 

     (ii) Complies with the rules for child caring institutions,

 

except that behavior management rooms, personal restraint,

 

mechanical restraint, or seclusion which is allowed in certain

 

circumstances under licensing rules are prohibited in a children's

 

therapeutic group home.

 

     (iii) Is not a private home.

 

     (iv) Is not located on a campus with other licensed facilities.

 

     (g) "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, 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 in the religious organization's care 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.

 

     (h) "Department" means the department of human services or a

 

successor agency or department responsible for licensure and

 

registration under this act.

 

     (i) "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 child care home, or a

 

family child 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, legal

 

guardian, or legal custodian.

 

     (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,

 

legal guardian, or legal custodian.

 

     (iii) "Family child care home" means a private home in which 1

 

but fewer than 7 minor children are received for care and

 

supervision for compensation 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 child care home includes a home in which care is

 

given to an unrelated minor child for more than 4 weeks during a

 

calendar year. A family child care home does not include an

 

individual providing babysitting services for another individual.

 

As used in this subparagraph, "providing babysitting services"

 

means caring for a child on behalf of the child's parent or

 

guardian when the annual compensation for providing those services

 

does not equal or exceed $600.00 or an amount that would according

 

to the internal revenue code of 1986 obligate the child's parent or

 

guardian to provide a form 1099-MISC to the individual for

 

compensation paid during the calendar year for those services.

 

     (iv) "Group child 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 child

 

care home includes a home in which care is given to an unrelated

 

minor child for more than 4 weeks during a calendar year.

 

     (j) "Legal custodian" means an individual who is at least 18

 

years of age in whose care a minor child remains or is placed after

 

a court makes a finding under section 13a(5) of chapter XIIA of the

 

probate code of 1939, 1939 PA 288, MCL 712A.13a.

 

     (k) "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.

 

     (l) "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.

 

     (m) "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.

 

     (n) "Guardian" means the guardian of the person.

 

     (o) "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.

 

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 under 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).

 

     (p) "Registrant" means a person who has been issued a

 

certificate of registration under this act to operate a family

 

child care home.

 

     (q) "Registration" means the process by which the department

 

regulates family child care homes, and includes the requirement

 

that a family child care home certify to the department that the

 

family child care home has complied with and will continue to

 

comply with the rules promulgated under this act.

 

     (r) "Certificate of registration" means a written document

 

issued under this act to a family child care home through

 

registration.

 

     (s) "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.

 

     (t) "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.

 

     (u) "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.

 

     (v) "Licensee designee" means the individual designated in

 


writing by the board of directors of the corporation or by the

 

owner or person with legal authority to act on behalf of the

 

company or organization on licensing matters. All license

 

applications must be signed by the licensee in the case of the

 

individual or by a member of the corporation, company, or

 

organization.

 

     (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 to be exempt from inspections and on-site visits

 

required under section 5. The department 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 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 immediately

 

preceding the application date.

 

     (b) During the 2 years immediately preceding 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 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 under subsection (2) is

 

subject to an investigation by the department if 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 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 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 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.

 

     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 Except as

 

otherwise provided in this subsection, 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. The department shall not issue a license to or renew a

 

license of an applicant if any of the following persons have been

 

convicted of child abuse under section 136b of the Michigan penal

 

code, 1931 PA 328, MCL 750.136b, or neglect under section 145 of

 

the Michigan penal code, 1931 PA 328, MCL 750.145:

 

     (a) The individual applicant.

 

     (b) The owner, partner, or director of the applying

 

organization, if other than an individual.

 

     (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 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 regarding this

 

act, the rules promulgated under this act, and the needs of

 

children in family 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 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.

 

     (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 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.

 


     (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 that requires

 

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) 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 child

 

care homes, and family 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 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 child care home, or family 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 child care home, or family 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 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 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 child care homes, and family

 

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.

 

     (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) 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 organization 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

 

child care home or a license to a group child care home under this

 


act without requesting a criminal history check and criminal

 

records check as required by sections 5f and 5g. If a criminal

 

history check or criminal records check performed under section 5f

 

or 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 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 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) 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.

 

     (c) "Member of the household" means any individual, other than

 

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

 

family group home on an ongoing or recurrent basis.

 

     Sec. 5c. (1) Except as provided in subsection (8), when a

 

person , or partnership, or licensee designee if the applicant is a

 

limited liability corporation, firm, corporation, association, or

 

nongovernmental organization applies for or applies to renew a

 

license for a child care center or day care center organization

 

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 licensee designee, chief

 

administrator, and program director of a child care organization:

 

     (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) Except as provided in subsection (7), each person applying

 

for a license to operate a child care center or day care center

 

organization 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 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. The department may pass

 


along to the licensee or applicant the actual cost or fee charged

 

by the department of state police for performing a criminal history

 

check or a criminal records check required under this section.

 

     (7) When a person, partnership, firm, corporation,

 

association, or nongovernmental organization applies for or renews

 

a license under section 5 for a child care center or day care

 

center that is 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, the criminal

 

history check and criminal records check required under subsection

 

(1) shall be performed in compliance with the provisions of

 

sections 1230 to 1230h of the revised school code, 1976 PA 451, MCL

 

380.1230 to 380.1230h. Before issuing or renewing a license to a

 

child care center or day care center described in this subsection,

 

the department shall verify that the intermediate school board, the

 

board of a local school district, or the board or governing body of

 

a state-approved nonpublic school has obtained the required

 

criminal history checks and criminal records checks.

 

     (8) Beginning January 1, 2006, if If a person, partnership,

 

firm, corporation, association, or nongovernmental organization

 

licensee designee, chief administrator, or program director of a

 

child care organization applying to renew a license to operate a

 

child care center or day care center organization has previously

 

undergone a criminal history check and criminal records check

 

required under subsection (1) and has remained continuously

 

licensed after the criminal history check and criminal records

 

check have been performed, that person, partnership, firm,

 


corporation, association, or nongovernmental organization licensee

 

designee, chief administrator, or program director of a child care

 

organization is not required to submit to another criminal history

 

check or criminal records check upon renewal of the license

 

obtained under section 5.

 

     (9) As used in this section and sections 5, 5d, 5e, 5f, and

 

5g:

 

     (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.

 

     Sec. 5d. (1) Before a child care center or day care center

 

organization makes an offer of employment to a person or allows a

 

person to regularly and continuously work under contract at the

 

child care center or day care center organization, the child care

 

center or day care center organization shall perform a criminal

 

history check on that person using the department of state police's

 

internet criminal history access tool (ICHAT) or equivalent check

 

on that person from the state or province of residence.

 

     (2) If a search of the department of state police's ICHAT or

 

equivalent check on the person from the state or province of

 

residence reveals that the person described in subsection (1) has

 

been convicted of a listed offense, the child care center or day

 

care center organization shall not make an offer of employment to

 

that person or allow that person to regularly and continuously work

 

under contract at the child care center or day care center

 

organization. If a search of the department of state police's ICHAT

 


reveals that a current employee has been convicted of a listed

 

offense, the child care center or day care center organization

 

shall not continue to employ that person. If a search of the

 

department of state police's ICHAT or equivalent check on that

 

person from the state or province of residence reveals that a

 

person who regularly and continuously works under contract at the

 

child care center or day care center organization has been

 

convicted of a listed offense, the child care center or day care

 

center organization shall not allow that person to regularly or

 

continuously work under contract at the child care center or day

 

care center organization.

 

     (3) Not later than 1 year after the effective date of the 2010

 

amendatory act that added amended this section, the child care

 

center or day care center organization shall conduct a criminal

 

history check on all current employees using the department of

 

state police's ICHAT or equivalent check on the person from the

 

state or province of residence.

 

     (4) A child care center or day care center organization may

 

pass along the actual cost of a search of the department of state

 

police's ICHAT or equivalent check on that person from the state or

 

province of residence to the employee or applicant on whom the

 

search is being performed.

 

     Sec. 9. (1) A staff member licensee or registrant, adult

 

household member, licensee designee, chief administrator, or

 

program director of a child care organization shall not be present

 

in a child care center, child caring institution, or child placing

 

agency organization if he or she has been convicted of either of

 


the following:

 

     (a) Child abuse or child neglect under section 136b of the

 

Michigan penal code, 1931 PA 328, MCL 750.136b, or neglect under

 

section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145.

 

     (b) A felony involving harm or threatened harm to an

 

individual within the 10 years immediately preceding the date of

 

hire or appointment.

 

     (2) A staff member or unsupervised volunteer shall not have

 

unsupervised contact with children who are in the care of a child

 

care center, child caring institution, or child placing agency

 

organization if he or she has been convicted of either of the

 

following:

 

     (a) Child abuse or child neglect under section 136b of the

 

Michigan penal code, 1931 PA 328, MCL 750.136b, or neglect under

 

section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145.

 

     (b) A felony involving harm or threatened harm to an

 

individual within the 10 years immediately preceding the date of

 

offering to volunteer at the child care center, child caring

 

institution, or child placing agency hire or appointment.

 

     (3) Before a Except as provided in subsection (5), a licensee,

 

registrant, adult household member, licensee designee, chief

 

administrator, staff member, or unsupervised volunteer may not have

 

contact with a child who is in the care of a child care center,

 

child caring institution, or child placing agency, organization,

 

until the licensee, registrant, adult household member, licensee

 

designee, chief administrator, staff member, or volunteer shall

 

provide provides the child care center, child caring institution,

 


or child placing agency organization with documentation from the

 

family independence agency department that he or she has not been

 

named in a central registry case as the perpetrator of child abuse

 

or child neglect. For individuals who are employed by or volunteer

 

at a Upon request by the department, the licensee, registrant,

 

adult household member, licensee designee, chief administrator,

 

staff member, or unsupervised volunteer shall provide the

 

department with an updated authorization for central registry

 

clearance. If an updated central registry clearance documents that

 

a licensee, registrant, adult household member, licensee designee,

 

chief administrator, staff member, or unsupervised volunteer is

 

named as a perpetrator in a central registry case, he or she may

 

not be present in the child care organization. A child care center,

 

child caring institution, or child placing agency, the child care

 

center, child caring institution, or child placing agency

 

organization shall comply with this subsection not later than the

 

date on which that child care center's, child caring institution's,

 

or child placing agency's organization's license or certificate of

 

registration is issued or first renewed after the effective date of

 

the 2010 amendatory act that added amended this section. As used in

 

this subsection, "child abuse" and "child neglect" mean those terms

 

as defined in section 2 of the child protection law, 1975 PA 238,

 

MCL 722.622.

 

     (4) Each child care center, child caring institution, or child

 

placing agency organization shall establish and maintain a policy

 

regarding supervision of volunteers including volunteers who are

 

parents of a child receiving care at the child care center, child

 


caring institution, or child placing agency organization.

 

     (5) Staff members or unsupervised volunteers in children's

 

camps or children's campsites who are 21 years of age or older may

 

not have contact with a child who is in the care of a children's

 

camp until the staff member or volunteer provides the children's

 

camp with documentation from the department that he or she has not

 

been named in a central registry case as the perpetrator of child

 

abuse or child neglect.