SB-0181, As Passed House, December 6, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 181

 

 

 

 

 

 

 

 

 

 

 

 

     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, 1a, 2, 2a, 2c, 2d, 2e, 3, 3a, 3b, 3c, 3e,

 

3f, 3g, 5, 5b, 6, 8a, 8b, 9, 10, 11, 11a, 12, 13, 14, 14a, 14b,

 

14c, 14d, 14e, 14f, 15, and 16 (MCL 722.111, 722.111a, 722.112,

 

722.112a, 722.112c, 722.112d, 722.112e, 722.113, 722.113a,

 

722.113b, 722.113c, 722.113e, 722.113f, 722.113g, 722.115,

 

722.115b, 722.116, 722.118a, 722.118b, 722.119, 722.120, 722.121,

 

722.121a, 722.122, 722.123, 722.124, 722.124a, 722.124b, 722.124c,

 

722.124d, 722.124e, 722.124f, 722.125, and 722.126), section 1 as

 

amended by 2014 PA 65, section 1a as added by 1984 PA 139, sections


2 and 3 as amended by 2006 PA 206, sections 2a, 3c, and 3e as

 

amended by 2007 PA 217, sections 2c, 2d, and 2e as added by 2004 PA

 

531, section 3a as amended and section 8b as added by 1997 PA 165,

 

section 3b as added by 1993 PA 211, section 3f as added by 2008 PA

 

15, section 3g as added and section 11 as amended by 2010 PA 85,

 

section 5 as amended by 2011 PA 228, section 5b as added by 1998 PA

 

519, section 8a as added by 1980 PA 32, section 9 as amended by

 

2010 PA 379, section 10 as amended by 2016 PA 495, section 12 as

 

amended by 1980 PA 232, section 14a as amended by 1984 PA 396,

 

sections 14b and 14c as added by 1994 PA 209, section 14d as

 

amended by 1995 PA 107, sections 14e and 14f as added by 2015 PA

 

53, and section 15 as amended by 2016 PA 487, and by adding

 

sections 3h and 11c; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) As used in this act:

 

     (a) "Child care staff member" means an individual who is 18

 

years of age or older to whom 1 or more of the following applies:

 

     (i) The individual is employed by a child care center, group

 

child care home, or family child care home for compensation,

 

including a contract employee or a self-employed individual.

 

     (ii) An individual whose activities involve the unsupervised

 

care or supervision of children for a child care center, group

 

child care home, or family child care home.

 

     (iii) An individual who has unsupervised access to children

 

who are cared for or supervised by a child care center, group child

 

care home, or family child care home.

 

     (iv) An individual who acts in the role of a licensee designee

 


or program director.

 

     (b) (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.

 

     (c) (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

 

developmentally disabled 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).

 

     (d) (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 at least 16 but less than

 

21 years of age and who are living in unlicensed residences as

 

provided in section 5(4).

 

     (e) (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.

 

     (f) (e) "Children's campsite" means the outdoor setting where

 

a children's residential or day camp is located.

 

     (g) (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, and that 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.

 

     (h) (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 under 13 years of age 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.

 

     (v) A program that primarily provides therapeutic services to

 

a child.

 

     (i) "Conviction" means a final conviction, the payment of a

 

fine, a plea of guilty or nolo contendere if accepted by the court,

 

a finding of guilt for a criminal law violation or a juvenile

 

adjudication or disposition by the juvenile division of probate

 

court or family division of circuit court for a violation that if

 

committed by an adult would be a crime, or a conviction in a tribal

 

court or a military court.

 

     (j) "Criminal history check" means a fingerprint-based

 

criminal history record information background check through the

 

department of state police and the Federal Bureau of Investigation.

 

     (k) "Criminal history record information" means that term as

 

defined in section 1a of 1925 PA 289, MCL 28.241a.

 

     (l) (h) "Department" means the department of health and human

 

services and the department of licensing and regulatory affairs or

 

a successor agency or department responsible for licensure and

 

registration under this act. The department of licensing and

 

regulatory affairs is responsible for licensing and regulatory

 

matters for child care centers, group child care homes, family

 

child care homes, children's camps, and children's campsites. The

 

department of health and human services is responsible for

 

licensing and regulatory matters for child caring institutions,

 

child placing agencies, children's therapeutic group homes, foster

 

family homes, and foster family group homes.


     (m) "Eligible" means that the individual obtained the checks

 

and clearances described in sections 5n and 5q and is considered

 

appropriate to obtain a license, to be a member of the household of

 

a group child care home or family child care home, or to be a child

 

care staff member.

 

     (n) "Ineligible" means that the individual obtained the checks

 

and clearances as described in sections 5n and 5q and is not

 

considered appropriate to obtain a license, to be a member of the

 

household of a group child care home or family child care home, or

 

to be a child care staff member due to violation of section 5n, 5q,

 

or 5r.

 

     (o) (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" means 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 household 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 household 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.

 

     (p) (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.

 

     (q) (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.

 

     (r) "Listed offense" means that term as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

 

     (s) "Member of the household" means any individual who resides

 

in a family child care home, group child care home, foster family

 

home, or foster family group home on an ongoing basis, or who has a

 

recurrent presence in the home, including, but not limited to,

 

overnight stays. For foster family homes and foster family group

 

homes, a member of the household does not include a foster child.

 

For group child care homes and family child care homes, a member of

 

the household does not include a child to whom child care is being

 

provided.

 

     (t) "Original license" means a license issued to a child care

 

organization during the first 6 months of operation indicating that

 

the organization is in compliance with all rules promulgated by the

 

department under this act.

 

     (u) (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.

 

     (v) (m) "Regular license" means a license issued to a child

 

care organization indicating that the organization is in

 

substantial compliance with all rules promulgated under this act

 

and, if there is a deficiency, has entered into a corrective action

 

plan.

 

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

 

     (x) (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,

 

foster family home, or foster family group home, who is at least 18

 

but less than 21 years of age, and who meets the requirements of

 

the young adult voluntary foster care act, 2011 PA 225, MCL 400.641

 

to 400.671.

 

     (iii) 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 a child

 

caring institution, children's camp, foster family home, or foster

 

family group home; and who continues residing in a 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 under 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.

 

     (iv) A person 18 years of age or older who is placed in an

 

unlicensed residence under section 5(4) or 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.

 

     (y) (s) "Related" means in the relationship of parent,

 

grandparent, brother, sister, stepparent, stepsister, stepbrother,

 

uncle, aunt, cousin, great aunt, great uncle, or stepgrandparent by

 

marriage, blood, or adoption.by blood, marriage, or adoption, as


parent, grandparent, great-grandparent, great-great-grandparent,

 

aunt or uncle, great-aunt or great-uncle, great-great-aunt or

 

great-great-uncle, sibling, stepsibling, nephew or niece, first

 

cousin or first cousin once removed, and the spouse of any of the

 

individuals described in this definition, even after the marriage

 

has ended by death or divorce.

 

     (z) (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.

 

     (aa) (u) "School-age child" means a child who is eligible to

 

be enrolled in attend a grade of kindergarten or above, higher, but

 

is less than 13 years of age. A child is considered to be a school-

 

age child on the first day of the school year in which he or she is

 

eligible to attend school.

 

     (bb) "Severe physical injury" means that term as defined in

 

section 8 of the child protection law, 1975 PA 238, MCL 722.628.

 

     (cc) (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. The individual must

 

agree in writing to be designated as the licensee designee. 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. Such a facility or program 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. 1a. (1) A private residence licensed as a foster family

 

home or foster family group home may be concurrently licensed as an

 

adult foster care family home. Additional children not related to a

 

resident of the foster family home or foster family group home

 

shall not be received in the foster family home or foster family

 

group home after the filing of an application for an adult foster

 

care family home license.

 

     (2) A child caring institution with a licensed capacity of 6

 

or fewer residents may be concurrently licensed as an adult foster

 

care small group home. Additional children not related to a

 

resident of the child caring institution shall not be received in


the child caring institution after the filing of an application for

 

an adult foster care small group home license. The combined

 

licensed capacity shall not exceed a combination of 6 children and

 

adults.

 

     (3) A group child care home or a family child care home shall

 

not be concurrently licensed as an adult foster care family home or

 

an adult foster care small group home.

 

     (4) (3) As used in this section:

 

     (a) "Adult foster care family home" means that term as defined

 

in section 3 of the adult foster care facility licensing act, Act

 

No. 218 of the Public Acts of 1979, being section 400.703 of the

 

Michigan Compiled Laws.1979 PA 218, MCL 400.703.

 

     (b) "Adult foster care small group home" means that term as

 

defined in section 3 of the adult foster care facility licensing

 

act, Act No. 218 of the Public Acts of 1979, being section 400.703

 

of the Michigan Compiled Laws.1979 PA 218, MCL 400.703.

 

     Sec. 2. (1) The department departments of health and human

 

services , referred to in this act as the "department", is and

 

licensing and regulatory affairs are responsible for the

 

development of rules for the care and protection of children in

 

organizations covered by this act and for the promulgation of these

 

rules pursuant according to the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (2) The department shall establish an ad hoc committee for

 

each type of child care organization as defined in this act when it

 

is formulating or amending rules under this act. The committee

 

shall consist of not less than 12 members, and shall include


representatives of the following groups and agencies:

 

     (a) Department of community health and human services.

 

     (b) Department of labor and economic growth, licensing and

 

regulatory affairs, bureau of fire services, and state fire safety

 

board.

 

     (c) Department of education.

 

     (d) Representatives of organizations affected by this act.

 

     (e) Parents of children affected by this act.

 

     (3) A majority of the members appointed to the committee

 

established by subsection (2) shall be representatives of

 

organizations affected by this act and parents of children affected

 

by this act. The committee shall serve during the period of the

 

formulation of rules, shall have responsibility for making

 

recommendations on the content of rules, and shall recommend to the

 

department revisions in proposed rules at any time before their

 

promulgation.

 

     (4) The rules promulgated under this act shall be restricted

 

to the following:

 

     (a) The operation and conduct of child care organizations and

 

the responsibility the organizations assume for child care.

 

     (b) The character, suitability, health, training, and

 

qualifications of applicants and other persons directly responsible

 

for the care and welfare of children served.

 

     (c) The character and health of household members.

 

     (d) (c) The general financial ability and competence of

 

applicants to provide necessary care for children and to maintain

 

prescribed standards.


     (e) (d) The number of individuals or staff required to insure

 

ensure adequate supervision and care of the children received.

 

     (f) (e) The appropriateness, safety, cleanliness, and general

 

adequacy of the premises, including maintenance of adequate fire

 

prevention and health standards to provide for the physical

 

comfort, care, and well being of the children received. However,

 

the The rules with respect to fire prevention and fire safety shall

 

do not apply to a child care center 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, if the child care center is located in a school building

 

that is approved by the bureau of fire services created in section

 

1b of the fire prevention code, 1941 PA 207, MCL 29.1b, or other

 

similar authority as provided in section 3 of 1937 PA 306, MCL

 

388.853, for school purposes and is in compliance with the school

 

fire safety rules, R 29.1901 to R 29.1934 of the Michigan

 

administrative code, Administrative Code, as determined by the

 

bureau of fire services or a fire inspector certified pursuant to

 

under section 2b of the fire prevention code, 1941 PA 207, MCL

 

29.2b.

 

     (g) (f) Provisions for food, clothing, educational

 

opportunities, programs, equipment, and individual supplies to

 

assure the healthy physical, emotional, and mental development of

 

children served.

 

     (h) (g) Provisions to safeguard the legal rights of children

 

served.

 

     (i) (h) Maintenance of records pertaining to admission,


progress, health, and discharge of children.

 

     (j) (i) Filing of reports with the department.

 

     (k) (j) Discipline of children.

 

     (l) (k) Transportation safety.

 

     (5) Rules once promulgated are subject to major review by an

 

ad hoc committee not less than once every 5 years and shall be

 

reviewed biennially by the department. The ad hoc committee shall

 

be established by the department, shall consist of not less than 12

 

members, and shall include representatives of the groups and

 

agencies indicated in subsection (2). The ad hoc committee shall

 

hold at least 2 public hearings regarding the review of rules and

 

shall report its recommendations regarding rules to the appropriate

 

committees of the legislature.

 

     Sec. 2a. (1) A child caring institution, foster family home,

 

foster family group home, child care center, or group child care

 

home, and family child care home shall have on duty at all times

 

while the institution, center, or home is providing care to 1 or

 

more children at least 1 person who has been certified within the

 

preceding 36 months individuals present, as prescribed in the

 

appropriate administrative rules, who have current certification in

 

first aid and within the preceding 12 months in age-appropriate

 

cardiopulmonary resuscitation by obtained through the American red

 

cross, Red Cross, the American heart association, Heart

 

Association, or an equivalent organization or institution approved

 

by the department.

 

     (2) Section 15 does not apply to this section.

 

     Sec. 2c. (1) If a child caring institution contracts with and


receives payment from a community mental health services program or

 

prepaid inpatient health plan for the care, treatment, maintenance,

 

and supervision of a minor child in a child caring institution, the

 

child caring institution may place a minor child in personal

 

restraint or seclusion only as provided in this section and

 

sections 2d and 2e but shall not use mechanical restraint or

 

chemical restraint.

 

     (2) Not later than 180 days after the effective date of the

 

amendatory act that added this section, a A child caring

 

institution shall require its staff to have ongoing education,

 

training, and demonstrated knowledge of all of the following:

 

     (a) Techniques to identify minor children's behaviors, events,

 

and environmental factors that may trigger emergency safety

 

situations.

 

     (b) The use of nonphysical intervention skills, such as de-

 

escalation, mediation conflict resolution, active listening, and

 

verbal and observational methods to prevent emergency safety

 

situations.

 

     (c) The safe use of personal restraint or seclusion, including

 

the ability to recognize and respond to signs of physical distress

 

in minor children who are in personal restraint or seclusion or who

 

are being placed in personal restraint or seclusion.

 

     (3) A child caring institution's staff shall be trained in the

 

use of personal restraint and seclusion, shall be knowledgeable of

 

the risks inherent in the implementation of personal restraint and

 

seclusion, and shall demonstrate competency regarding personal

 

restraint or seclusion before participating in the implementation


of personal restraint or seclusion. A child caring institution's

 

staff shall demonstrate their competencies in these areas on a

 

semiannual basis. The state agency licensing child caring

 

institutions department shall review and determine the

 

acceptability of the child caring institutions' staff education,

 

training, knowledge, and competency requirements required by this

 

subsection and the training and knowledge required of a licensed

 

practitioner in the use of personal restraint and seclusion.

 

     Sec. 2d. (1) Personal restraint or seclusion shall not be

 

imposed as a means of coercion, discipline, convenience, or

 

retaliation by a child caring institution's staff.

 

     (2) An order for personal restraint or seclusion shall not be

 

written as a standing order or on an as-needed basis.

 

     (3) Personal restraint or seclusion must not result in harm or

 

serious injury to the minor child and shall be used only to ensure

 

the minor child's safety or the safety of others during an

 

emergency safety situation. Personal restraint or seclusion shall

 

only be used until the emergency safety situation has ceased and

 

the minor child's safety and the safety of others can be ensured

 

even if the order for personal restraint or seclusion has not

 

expired. Personal restraint and seclusion of a minor child shall

 

not be used simultaneously.

 

     (4) Personal restraint or seclusion shall be performed in a

 

manner that is safe, appropriate, and proportionate to the severity

 

of the minor child's behavior, chronological and developmental age,

 

size, gender, physical condition, medical condition, psychiatric

 

condition, and personal history, including any history of physical


or sexual abuse.

 

     (5) Except as provided in subsection (6), at the time a minor

 

child is admitted to a child caring institution, the child caring

 

institution shall do all of the following:

 

     (a) Inform the minor child and his or her parent or legal

 

guardian of the provider's policy regarding the use of personal

 

restraint or seclusion during an emergency safety situation that

 

may occur while the minor child is under the care of the child

 

caring institution.

 

     (b) Communicate the provider's personal restraint and

 

seclusion policy in a language that the minor child or his or her

 

parent or legal guardian will understand, including American sign

 

language, if appropriate. The provider shall procure an interpreter

 

or translator, if necessary to fulfill the requirement of this

 

subdivision.

 

     (c) Obtain a written acknowledgment from the minor child's

 

parent or legal guardian that he or she has been informed of the

 

provider's policy on the use of personal restraint and seclusion

 

during an emergency safety situation. The child caring

 

institution's staff shall file the acknowledgment in the minor

 

child's records.

 

     (d) Provide a copy of the policy to the minor child's parent

 

or legal guardian.

 

     (6) The child caring institution is not required to inform,

 

communicate, and obtain the written acknowledgment from a minor

 

child's parent or legal guardian as specified in subsection (5) if

 

the minor child is within the care and supervision of the child


caring institution as a result of an order of commitment of the

 

family division of circuit court to a state institution, state

 

agency, or otherwise, and has been adjudicated to be a dependent,

 

neglected, or delinquent under chapter XIIA of the probate code of

 

1939, 1939 PA 288, MCL 712A.1 to 712A.32, if the minor child's

 

individual case treatment plan indicates that notice would not be

 

in the minor child's best interest.

 

     (7) An order for personal restraint or seclusion shall only be

 

written by a licensed practitioner.

 

     (8) A licensed practitioner shall order the least restrictive

 

emergency safety intervention measure that is most likely to be

 

effective in resolving the emergency safety situation based on

 

consultation with staff. Consideration of less restrictive

 

emergency safety intervention measures shall be documented in the

 

minor child's record.

 

     (9) If the order for personal restraint or seclusion is

 

verbal, it must be received by a child caring institution staff

 

member who is 1 of the following:

 

     (a) A licensed practitioner.

 

     (b) A social services supervisor. as described in R 400.4118

 

of the Michigan administrative code.

 

     (c) A supervisor of direct care workers. as described in R

 

400.4120 of the Michigan administrative code.

 

     (d) A practical nurse licensed under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (10) A verbal order must be received while personal restraint

 

or seclusion is being initiated by child caring institution staff


or immediately after the emergency safety situation begins. The

 

licensed practitioner shall be available to staff for consultation,

 

at least by telephone, throughout the period of personal restraint

 

or seclusion. The licensed practitioner shall verify the verbal

 

order in signed written form in the minor child's record.

 

     (11) An order for personal restraint or seclusion shall meet

 

both of the following criteria:

 

     (a) Be limited to no longer than the duration of the emergency

 

safety situation.

 

     (b) Not exceed 4 hours for a minor child 18 years of age or

 

older; 2 hours for a minor child 9 to 17 years of age; or 1 hour

 

for a minor child under 9 years of age.

 

     (12) If more than 2 orders for personal restraint or seclusion

 

are ordered for a minor child within a 24-hour period, the director

 

of the child caring institution or his or her designated management

 

staff shall be notified to determine whether additional measures

 

should be taken to facilitate discontinuation of personal restraint

 

or seclusion.

 

     (13) If personal restraint continues for less than 15 minutes

 

or seclusion continues for less than 30 minutes from the onset of

 

the emergency safety intervention, the child caring institution

 

staff qualified to receive a verbal order for personal restraint or

 

seclusion, in consultation with the licensed practitioner, shall

 

evaluate the minor child's psychological well-being immediately

 

after the minor child is removed from seclusion or personal

 

restraint. Staff shall also evaluate the minor child's physical

 

well-being or determine if an evaluation is needed by a licensed


practitioner authorized to conduct a face-to-face assessment under

 

subsection (14).

 

     (14) A face-to-face assessment shall be conducted if the

 

personal restraint continues for 15 minutes or more from the onset

 

of the emergency safety intervention or if seclusion continues for

 

30 minutes or more from the onset of the emergency safety

 

intervention. This face-to-face assessment shall be conducted by a

 

licensed practitioner who is 1 of the following:

 

     (a) A physician licensed under article 15 of the public health

 

code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (b) An individual who has been issued a speciality

 

certification as a nurse practitioner under article 15 of the

 

public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (c) A physician's assistant licensed under article 15 of the

 

public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (d) A registered nurse licensed under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (15) The face-to-face assessment shall be conducted within 1

 

hour of the onset of the emergency safety intervention and

 

immediately after the minor child is removed from personal

 

restraint or seclusion. The face-to-face assessment of the physical

 

and psychological well-being of the minor child shall include, but

 

is not limited to, all of the following:

 

     (a) The minor child's physical and psychological status.

 

     (b) The minor child's behavior.

 

     (c) The appropriateness of the intervention measures.

 

     (d) Any complications resulting from the intervention.


     (16) As used in this section:

 

     (a) "Social services supervisor" means an individual who

 

supervises a social services worker. A social services supervisor

 

must possess either a master's degree in a human behavioral science

 

from an accredited college or university and 2 years of experience

 

as a social services worker or a bachelor's degree in a human

 

behavioral science or another major with 25% of the credits in a

 

human behavioral science from an accredited college or university

 

and 4 years of experience as a social services worker.

 

     (b) "Social services worker" means an individual who works

 

directly with residents, residents' families, and other relevant

 

individuals and who is primarily responsible for the development,

 

implementation, and review of service plans for the resident.

 

     (c) "Supervisor of direct care workers" means an individual

 

who supervises workers who provide direct care and supervision of

 

children in an institution. A supervisor of direct care workers

 

must have 1 of the following:

 

     (i) A bachelor's degree from an accredited college or

 

university and 2 years of work experience in a child caring

 

institution.

 

     (ii) Two years of college from an accredited college or

 

university and 3 years of work experience in a child caring

 

institution.

 

     (iii) A high school diploma and 4 years of work experience in

 

a child caring institution.

 

     Sec. 2e. (1) A minor child shall be released from personal

 

restraint or seclusion whenever the circumstance that justified the


use of personal restraint or seclusion no longer exists.

 

     (2) Each instance of personal restraint or seclusion requires

 

full justification for its use, and the results of the evaluation

 

immediately following the use of personal restraint or seclusion

 

shall be placed in the minor child's record.

 

     (3) Each order for personal restraint or seclusion shall

 

include all of the following:

 

     (a) The name of the licensed practitioner ordering personal

 

restraint or seclusion.

 

     (b) The date and time the order was obtained.

 

     (c) The personal restraint or seclusion ordered, including the

 

length of time for which the licensed practitioner ordered its use.

 

     (4) The child caring institution staff shall document the use

 

of the personal restraint or seclusion in the minor child's record.

 

That documentation shall be completed by the end of the shift in

 

which the personal restraint or seclusion occurred. If the personal

 

restraint or seclusion does not end during the shift in which it

 

began, documentation shall be completed during the shift in which

 

the personal restraint or seclusion ends. Documentation shall

 

include all of the following:

 

     (a) Each order for personal restraint or seclusion.

 

     (b) The time the personal restraint or seclusion actually

 

began and ended.

 

     (c) The time and results of the 1-hour assessment.

 

     (d) The emergency safety situation that required the resident

 

to be personally restrained or secluded.

 

     (e) The name of the staff involved in the personal restraint


or seclusion.

 

     (5) The child caring institution staff trained in the use of

 

personal restraint shall continually assess and monitor the

 

physical and psychological well-being of the minor child and the

 

safe use of personal restraint throughout the duration of its

 

implementation.

 

     (6) The child caring institution staff trained in the use of

 

seclusion shall be physically present in or immediately outside the

 

seclusion room, continually assessing, monitoring, and evaluating

 

the physical and psychological well-being of the minor. Video

 

monitoring shall not be exclusively used to meet this requirement.

 

     (7) The child caring institution staff shall ensure that

 

documentation of staff monitoring and observation is entered into

 

the minor child's record.

 

     (8) If the emergency safety intervention continues beyond the

 

time limit of the order for use of personal restraint or seclusion,

 

child caring institution staff authorized to receive verbal orders

 

for personal restraint or seclusion shall immediately contact the

 

licensed practitioner to receive further instructions.

 

     (9) The child caring institution staff shall notify the minor

 

child's parent or legal guardian and the appropriate state or local

 

government agency that has responsibility for the minor child if

 

the minor child is under the supervision of the child caring

 

institution as a result of an order of commitment by the family

 

division of circuit court to a state institution or otherwise as

 

soon as possible after the initiation of personal restraint or

 

seclusion. This notification shall be documented in the minor


child's record, including the date and time of the notification,

 

the name of the staff person providing the notification, and the

 

name of the person to whom notification of the incident was

 

reported. The child caring institution is not required to notify

 

the parent or legal guardian as provided in this subsection if the

 

minor child is within the care and supervision of the child caring

 

institution as a result of an order of commitment of the family

 

division of circuit court to a state institution, state agency, or

 

otherwise, and has been adjudged to be dependent, neglected, or

 

delinquent under chapter XIIA of the probate code of 1939, 1939 PA

 

288, MCL 712A.1 to 712A.32, if the minor child's individual case

 

treatment plan indicates that the notice would not be in the minor

 

child's best interest.

 

     (10) Within 24 hours after the use of personal restraint or

 

seclusion, child caring institution staff involved in the emergency

 

safety intervention and the minor child shall have a face-to-face

 

debriefing session. The debriefing shall include all staff involved

 

in the seclusion or personal restraint except if the presence of a

 

particular staff person may jeopardize the well-being of the minor

 

child. Other staff members and the minor child's parent or legal

 

guardian may participate in the debriefing if it is considered

 

appropriate by the child caring institution.

 

     (11) The child caring institution shall conduct a debriefing

 

in a language that is understood by the minor child. The debriefing

 

shall provide both the minor child and the staff opportunity to

 

discuss the circumstances resulting in the use of personal

 

restraint or seclusion and strategies to be used by staff, the


minor child, or others that could prevent the future use of

 

personal restraint or seclusion.

 

     (12) Within 24 hours after the use of personal restraint or

 

seclusion, all child caring institution staff involved in the

 

emergency safety intervention, and appropriate supervisory and

 

administrative staff, shall conduct a debriefing session that

 

includes, at a minimum, all of the following:

 

     (a) Discussion of the emergency safety situation that required

 

personal restraint or seclusion, including a discussion of

 

precipitating factors that led up to the situation.

 

     (b) Alternative techniques that might have prevented the use

 

of personal restraint or seclusion.

 

     (c) The procedures, if any, that child caring institution

 

staff are to implement to prevent a recurrence of the use of

 

personal restraint or seclusion.

 

     (d) The outcome of the emergency safety intervention,

 

including any injury that may have resulted from the use of

 

personal restraint or seclusion.

 

     (13) The child caring institution staff shall document in the

 

minor child's record that both debriefing sessions as described in

 

subsections (10) and (12) took place and shall include the names of

 

staff who were present for the debriefings, names of staff that

 

were excused from the debriefings, and changes to the minor child's

 

treatment plan that result from the debriefings.

 

     (14) Each child caring institution subject to this section and

 

sections 2c and 2d shall report each serious occurrence to the

 

state agency licensing the child caring institution. department.


The state agency licensing the child caring institution department

 

shall make the reports available to the designated state protection

 

and advocacy system upon request of the designated state protection

 

and advocacy system. Serious occurrences to be reported include a

 

minor child's death, a serious injury to a minor child, and a minor

 

child's suicide attempt. Staff shall report any serious occurrence

 

involving a minor child by no later than close of business of the

 

next business day after a serious occurrence. The report shall

 

include the name of the minor child involved in the serious

 

occurrence; , a description of the occurrence; , and the name,

 

street address, and telephone number of the child caring

 

institution. The child caring institution shall notify the minor

 

child's parent or legal guardian and the appropriate state or local

 

government agency that has responsibility for the minor child if

 

the minor child is under the supervision of the child caring

 

institution as a result of an order of commitment by the family

 

division of circuit court to a state institution or otherwise as

 

soon as possible and not later than 24 hours after the serious

 

occurrence. Staff shall document in the minor child's record that

 

the serious occurrence was reported to both the state agency

 

licensing the child caring institution department and the state-

 

designated protection and advocacy system, including the name of

 

the person to whom notification of the incident was reported. A

 

copy of the report shall be maintained in the minor child's record,

 

as well as in the incident and accident report logs kept by the

 

child caring institution.

 

     (15) Each child caring institution subject to this section and


sections 2c and 2d shall maintain a record of the incidences in

 

which personal restraint or seclusion was used for all minor

 

children. The record shall include all of the following

 

information:

 

     (a) Whether personal restraint or seclusion was used.

 

     (b) The setting, unit, or location in which personal restraint

 

or seclusion was used.

 

     (c) Staff who initiated the process.

 

     (d) The duration of each use of personal restraint or

 

seclusion.

 

     (e) The date, time, and day of the week restraint or seclusion

 

was initiated.

 

     (f) Whether injuries were sustained by the minor child or

 

staff.

 

     (g) The age and gender of the minor child.

 

     (16) Each child caring institution subject to this section and

 

sections 2c and 2d shall submit a report annually to the state

 

agency that licenses the child caring institution department

 

containing the aggregate data from the record of incidences for

 

each 12-month period as directed by the state licensing agency.

 

department. The state licensing agency department shall prepare

 

reporting forms to be used by the child caring institution, shall

 

aggregate the data collected from each child caring institution,

 

and shall annually report the data to each child caring institution

 

and the state-designated protection and advocacy system.

 

     Sec. 3. (1) The rules promulgated by the department under this

 

act shall be used by the department, of community health, the


bureau of fire services, and local authorities in the inspection of

 

and reporting on child care organizations covered by this act. The

 

inspection of the health and fire safety of child care

 

organizations shall be completed by department staff, or by the

 

department of community health, the bureau of fire services, or

 

local authorities upon request of the department, or pursuant

 

according to subsection (2).

 

     (2) If an inspection is not conducted pursuant according to

 

subsection (1), a person owning or operating or who proposes to own

 

or operate a child care organization may enter a contract with a

 

local authority or other person qualified by the department to

 

conduct an inspection pursuant according to subsection (1) and pay

 

for that inspection after an inspection is completed pursuant

 

according to this subsection. A person may receive a provisional

 

license if the proposed child care organization passes the

 

inspection, and the other requirements of this act are met.

 

     (3) The rules promulgated by the department for foster family

 

homes and foster family group homes shall be used by a licensed

 

child placing agency or an approved governmental unit when

 

investigating and certifying a foster family home or a foster

 

family group home.

 

     (4) Inspection reports completed by state agencies, local

 

authorities, and child placing agencies shall be furnished to the

 

department and shall become a part of its evaluation for licensing

 

of organizations covered by this act. After careful consideration

 

of the reports and consultation where necessary, the department

 

shall assume responsibility for the final determination of the


issuance, denial, revocation, or provisional nature of licenses

 

issued to nongovernmental organizations. under this act. A report

 

of findings shall be furnished to the applicant or licensee. A

 

license shall be issued to a specific person or organization at a

 

specific location, shall be nontransferable, and shall remain the

 

property of the department.

 

     Sec. 3a. (1) A parent or legal guardian of a child at a child

 

care center, or day care center group child care home, or family

 

child care home may visit the child at the child care center, group

 

child care home, or family child care home at any time.

 

     (2) A parent or legal guardian who wishes to enroll a child at

 

a child care center, or day care center group child care home, or

 

family child care home may visit the child care center, group child

 

care home, or family child care home before the child's enrollment

 

at the times during the hours of operation of the child care

 

center, group child care home, or family child care home.

 

establishes.

 

     (3) This section shall does not be construed to permit

 

parenting time with a child in violation of a court order.

 

     Sec. 3b. (1) An individual shall not smoke in a child caring

 

institution or child care center or on real property that is under

 

the control of a child caring institution or child care center and

 

upon which the child caring institution or child care center is

 

located, including other related buildings. The operator of a child

 

care center shall conspicuously post on the premises a notice that

 

specifies that smoking on the premises is prohibited.

 

     (2) As used in this section and section 3c, "smoke" means that


term or "smoking" means those terms as defined in section 12601 of

 

the Public Health Code, Act No. 368 of the Public Acts of 1978,

 

being section 333.12601 of the Michigan Compiled Laws.public health

 

code, 1978 PA 368, MCL 333.12601.

 

     Sec. 3c. (1) An individual shall not smoke on the premises of

 

a group child care home or family child care home during the hours

 

of operation of the group child care home or family child care

 

home. The operator of a group child care home or family child care

 

home may permit smoking on the premises during a period other than

 

the hours of operation of that group child care home or family

 

child care home if the operator has provided to a parent or legal

 

guardian of each child participating in a group child care home or

 

family child care home activity notice that smoking on the premises

 

occurs or may occur when the group child care home or family child

 

care home is not in operation. The operator of a group child care

 

home or family child care home shall conspicuously post on the

 

premises a notice that specifies that smoking on the premises is

 

prohibited during the hours of operation of the group child care

 

home or family child care home.

 

     (2) As used in this section and section 3d:

 

     (a) "Child" means an individual less than 18 years of age who

 

is not related to an adult member of the family child care home or

 

group child care home operator.

 

     (b) "Smoke" and "smoking" mean those terms as defined in

 

section 12601 of the public health code, 1978 PA 368, MCL

 

333.12601.

 

     Sec. 3e. The operator of a child care center or child caring


institution shall conspicuously post on the premises a notice

 

stating whether or not that the child care center or child caring

 

institution requires a criminal history background check on its

 

employees or volunteers. The department shall promulgate rules to

 

implement this section under the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     Sec. 3f. (1) Except as provided in subsection (6), (5), within

 

24 hours after a child care organization receives notice that a

 

high-risk special investigation that the department classifies as

 

high risk is being conducted by the department, the child care

 

organization shall make a good faith good-faith effort to make oral

 

notification to each parent or legal guardian of 1 or more of the

 

following:

 

     (a) Children who were under the child care organization's care

 

at the site and the time the incident being investigated occurred.

 

     (b) If the individual being investigated is still present at

 

the child care organization at the time of the investigation,

 

children who have or will come into contact with the individual

 

being investigated as long as that individual is present at the

 

child care organization.

 

     (2) The child care organization shall send written

 

notification within 1 business day after the initial good faith

 

good-faith attempt under subsection (1) at oral notification. For

 

the purpose of this subsection, written notification shall be given

 

by 1 of the following:

 

     (a) Mail service.

 

     (b) Facsimile transmission.


     (c) Electronic mail.

 

     (3) If the department determines that a child care

 

organization is not complying with either notification requirement

 

in subsection (1) or (2), the department may suspend the child care

 

organization's license issued under this act pending review.

 

     (4) If, upon completion of the high-risk special

 

investigation, described in subsection (1), the department makes a

 

determination that there are no substantiated rule violations, the

 

department shall provide the child care organization with written

 

notification of that determination that the child care organization

 

may share with the parents or legal guardians of the children in

 

the child care organization's care who received the notification

 

required under subsections (1) and (2).

 

     (5) The department shall make the information provided in

 

subsection (4) available to the public on the department website.

 

     (5) (6) This section does not apply to a child caring

 

institution, child placing agency, foster family home, or foster

 

family group home.

 

     (6) (7) For the purpose of this section, "high-risk special

 

investigation" that the department classifies as high risk" means

 

an investigation in which that the department becomes aware that

 

conducts regarding 1 or more of the conditions listed in section

 

8(3)(a) to (c) of the child protection law, 1975 PA 238, MCL

 

722.628. , exist.

 

     Sec. 3g. (1) The operator of a child care center, group child

 

care home, or family child care home shall maintain a licensing

 

notebook on its premises. The licensing notebook shall be made


available for review to parents or guardians of children under the

 

care of, and parents or guardians considering placing their

 

children in the care of, the child care center, group child care

 

home, or family child care home during the hours of operation of

 

the child care center, group child care home, or family child care

 

home.

 

     (2) The licensing notebook described in subsection (1) shall

 

include the reports from all licensing or registration inspections,

 

renewal inspections, special investigations, and corrective action

 

plans. The licensing notebook shall also include a summary sheet

 

outlining the reports described in this subsection. contained in

 

the licensing notebook. The information in the licensing notebook

 

shall be updated as provided by the department. and must be made

 

available to parents, guardians, and prospective parents or

 

guardians at all times during the child care center's, group child

 

care home's, or family child care home's normal hours of operation.

 

     (3) The department shall include on its "Child in Care

 

Statement/Receipt" form or any successor form used instead of that

 

form a check box allowing the parent or guardian to acknowledge

 

that he or she is aware of the information available in the

 

licensing notebook and that the licensing notebook is available for

 

his or her review on the premises of the child care center, group

 

child care home, or family child care home and that the information

 

is available on the department's website. The "Child in Care

 

Statement/Receipt" form or successor form shall contain in bold

 

print the department's website address where the information may be

 

located.


     Sec. 3h. An annual inspection of a child care organization

 

licensed under this act shall be unannounced, unless the

 

department, in its discretion, considers it necessary to schedule

 

an appointment for an inspection.

 

     Sec. 5. (1) This section and sections 5c, 5d, 5g, and 9 do not

 

apply to a child care center, group child care home, or family

 

child care home.

 

     (2) (1) A person, partnership, firm, corporation, association,

 

or nongovernmental organization, or governmental organization,

 

except for the department of health and human services or a local

 

county department of health and human services office, 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.

 

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) (2) 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 at

 

least 16 but less than 21 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. If the child is at least 18 but less than 21 years of age,

 

he or she must meet the requirements of the young adult voluntary

 

foster care act, 2011 PA 225, MCL 400.641 to 400.671.

 

     (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 a degree 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) The department director 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 department director

 

shall include in the report 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 during 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.

 

     (9) (14) Except as provided in section 5c(8), 5c(7), the

 

department shall not issue to or renew the license of a child care

 

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.

 

     (10) (16) Except as provided in section 5h(7), 5h(6), the

 

department of health and human services 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 an adult member of

 

the household 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 an


adult member of the household 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 an adult member of the

 

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.

 

     (11) (b) "Good As used in this section, "good moral character"

 

means that term as defined in and determined under 1974 PA 381, MCL

 

338.41 to 338.47, and the rules promulgated under this act.

 

     (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. 5b. (1) If a county juvenile agency as defined in section


Senate Bill No. 181 as amended December 6, 2017

2 of the county juvenile agency act, 1998 PA 518, MCL 45.622,

 

certifies that it intends to contract with a license applicant as

 

provided in section 5(1), 5(2), the department shall review the

 

application and advise the applicant and the county juvenile agency

 

within 10 days after receiving the application what further

 

information or material is necessary to complete the application.

 

     (2) If the department fails to issue or deny the license

 

within 60 days after receiving the information it determined was

 

necessary to complete the application, the county juvenile agency

 

or the applicant may bring an action for mandamus to require the

 

department to issue or deny the license.

 

     (3) The county juvenile agency is a party for purposes of any

 

hearing, review, or other proceeding on a license application

 

described in this section or section 5(1) 5(2) for which the county

 

juvenile agency certifies to the department that it intends to

 

contract with the applicant. The county juvenile agency or

 

applicant may challenge the department's determination concerning

 

what further information or material is necessary to complete the

 

application.

 

     Sec. 6.[(1)] Local and state government child care organizations

The department of health and human services and its local county

 

department of health and human services offices similar to those

 

nongovernmental organizations required to be licensed pursuant to

 

under this act shall be evaluated and approved at least once every

 

2 years, using this act and rules promulgated thereunder under this

 

act for similar nongovernmental organizations licensed under this

 

act.[(2)] A report of the evaluation or inspection shall be furnished to


Senate Bill No. 181 as amended December 6, 2017

the funding body for each governmental child care organization.

 

Unless governmental child care organizations are approved, or

 

provisionally approved, as meeting continue to meet the appropriate

 

statutory requirements and administrative rules, state funds shall

 

not be appropriated or provided for their continued operation. This

 

[subsection] does not apply to the department of health and human

 

services or a local county department of health and human services

 

office.

 

     Sec. 8a. (1) The department shall periodically assess a child

 

care organization's continued compliance with this act and the

 

rules promulgated under this act. The department shall make an on-

 

site evaluation of a child care organization at least once a year.

 

     (2) The department may authorize a licensed child placing

 

agency or an approved governmental unit to periodically assess a

 

licensed foster family home or a licensed foster family group home

 

pursuant to under subsection (1) and to certify that the foster

 

family home or the foster family group home continues to comply

 

with this act and the rules promulgated under this act. A periodic

 

assessment of a licensed foster family home or a licensed foster

 

family group home pursuant to under this subsection may include an

 

on-site evaluation of the child care organization.

 

     Sec. 8b. (1) Upon the recommendation of a local foster care

 

review board under section 7a of 1984 PA 422, MCL 722.137, or of a

 

child placing agency, the department may grant a variance to 1 or

 

more licensing rules or statutes regulating foster family homes or

 

foster family group homes to allow the child and 1 or more siblings

 

to remain or be placed together. If the department determines that


such a the placement would be in the child's best interests and

 

that the variance from the particular licensing rules or statutes

 

would not jeopardize the health or safety of a child residing in

 

the foster family home or foster family group home, the department

 

may grant the variance.

 

     (2) The department's grant of a variance does not change a

 

private home's licensure status.

 

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

 

of the household, licensee designee, chief administrator, or

 

program director of a child care organization shall not be present

 

in a child care organization if he or she has been convicted of

 

either of the following:

 

     (a) 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.

 

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

 

individual within the 10 years immediately preceding the date of

 

hire or appointment or of becoming a member of the household.

 

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

 

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

 

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

 

following:

 

     (a) 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.

 

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

 

individual within the 10 years immediately preceding the date of


hire or appointment.

 

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

 

registrant, adult household member of the household, 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 organization, until the licensee, registrant, adult

 

household member of the household, licensee designee, chief

 

administrator, staff member, or volunteer provides the child care

 

organization 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. Upon request by the department, the

 

licensee, registrant, adult household member of the household,

 

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 of the household, 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 organization

 

shall comply with this subsection not later than the date on which

 

that child care organization's license or certificate of

 

registration is issued or first renewed after the effective date of

 

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

 

subsection and subsection (5), "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 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

 

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 of health and human

 

services that he or she has not been named in a central registry

 

case as the perpetrator of child abuse or child neglect.

 

     Sec. 10. (1) The department may investigate, inspect, and

 

examine conditions of a child care organization in which a licensee

 

receives, maintains, or places out children, and may investigate

 

and examine the books and records of the licensee. The licensee

 

shall admit cooperate with the department's investigation,

 

inspection, and examination by doing all of the following:

 

     (a) Admitting members of the department into the child care

 

organization and furnish furnishing all reasonable facilities for

 

thorough examination of its books, records, and reports. The

 

     (b) Allowing the department to perform routine investigative

 

functions during the course of an investigation, inspection, or

 

examination. Routine investigative functions include, but are not

 

limited to, interviewing potential witnesses, such as staff and

 

household members, and taking photographs to assess and document

 

the conditions of the child care organization and its compliance

 

with this act and the rules promulgated under this act.


     (c) Providing accurate and truthful information to the

 

department, and encouraging witnesses, such as staff and household

 

members, to provide accurate and truthful information to the

 

department.

 

     (2) The licensee shall allow the department, the bureau of

 

fire services, or local authorities , in carrying access to the

 

child care organization to carry out the provisions of this act ,

 

may visit a child care organization to advise in matters affecting

 

and rules promulgated under this act related to the health or fire

 

protection of children.

 

     (3) (2) A licensee shall keep the records the department

 

prescribes regarding each child in its control and care and shall

 

report to the department, when requested, the facts the department

 

requires with reference to the children upon forms furnished by the

 

department. Except as otherwise provided in this subsection and

 

subsection (3), (4), records regarding children and facts compiled

 

about children and their parents and relatives are confidential and

 

disclosure of this information shall be properly safeguarded by the

 

child care organization, the department, and any other entity in

 

possession of the information. Records that are confidential under

 

this section are available to both of the following:

 

     (a) A standing or select committee or appropriations

 

subcommittee of either house of the legislature having jurisdiction

 

over protective services matters for children, according to section

 

7 of the child protection law, 1975 PA 238, MCL 722.627.

 

     (b) The children's ombudsman established in section 3 of the

 

children's ombudsman act, 1994 PA 204, MCL 722.923.


     (4) (3) Notwithstanding subsection (2) (3) and sections 5 and

 

7(2) of the child protection law, 1975 PA 238, MCL 722.625 and

 

722.627, information or records in the possession of the department

 

or the department of licensing and regulatory affairs may be shared

 

to the extent necessary for the proper functioning of the

 

department or the department of licensing and regulatory affairs in

 

administering child welfare or child care licensing under this act

 

or in an investigation conducted under section 43b of the social

 

welfare act, 1939 PA 280, MCL 400.43b. Information or records

 

shared under this subsection shall not be released by the

 

department or the department of licensing and regulatory affairs

 

unless otherwise permitted under this act or other state or federal

 

law. Neither the department nor the department of licensing and

 

regulatory affairs shall release or open for inspection any

 

document, report, or record authored by or obtained from another

 

agency or organization unless 1 of the conditions of section 7(10)

 

of the child protection law, 1975 PA 238, MCL 722.627, applies.

 

     (5) A child care center, group child care home, or family

 

child care home licensee shall provide the department with child

 

information cards for all children presently enrolled for care, as

 

requested by the department, whenever the department initiates or

 

conducts an investigation, inspection, or assessment. If the

 

investigation, inspection, or assessment results in the department

 

pursuing disciplinary action as provided by section 11, the child

 

care center, group child care home, or family child care home

 

licensee must provide the department with child information cards

 

for newly enrolled children for the pendency of the proposed


disciplinary action.

 

     (6) The department may suspend, deny, revoke, or refuse to

 

renew a license of the child care organization if the licensee does

 

not cooperate with an investigation, inspection, or examination

 

under this section.

 

     Sec. 11. (1) An original license shall not be granted under

 

this act if the issuance of the license would substantially

 

contribute to an excessive concentration of community residential

 

facilities within a city, village, township, or county of this

 

state.

 

     (2) The department may deny, revoke, or refuse to renew a

 

license or certificate of registration of a child care organization

 

when the licensee , registrant, or applicant falsifies information

 

on the application or willfully and substantially violates this

 

act, the rules promulgated under this act, or the terms of the

 

license. or certificate of registration. The department may modify

 

to a provisional status a license of a child care organization when

 

the licensee willfully and substantially violates this act, the

 

rules promulgated under this act, or the terms of the license. A

 

license or a certificate of registration shall not be revoked, a

 

renewal of a license or certificate of registration shall not be

 

refused, or an application for a license or a certificate of

 

registration shall not be denied, or a regular license shall not be

 

modified to a provisional status unless the licensee , registrant,

 

or applicant is given notice in writing of the grounds of the

 

proposed revocation, denial, modification, or refusal. If

 

revocation, denial, modification, or refusal is appealed within 30


days after receipt of the notice by writing addressed to the

 

department director, the department director or a designated

 

representative of the director his or her designee shall conduct a

 

hearing at which the licensee , registrant, or applicant may

 

present testimony and confront witnesses. If the proposed

 

revocation, refusal, or denial is not appealed, the license shall

 

be revoked, the license shall be refused renewal, or the

 

application shall be denied. The proposed revocation, refusal, or

 

denial must be appealed within 30 days after receipt by writing the

 

department director or his or her designee. Upon receipt of the

 

written appeal, the department director or his or her designee must

 

initiate the provisions of chapters 4 and 5 of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.292. Notice

 

of the hearing shall be given to the licensee , registrant, or

 

applicant by personal service or delivery to the proper address by

 

certified mail not less than 2 weeks before the date of the

 

hearing. The decision of the director shall be made not more than

 

30 days as soon as practicable after the hearing, and forwarded to

 

the protesting party licensee or applicant by certified mail not

 

more than 10 days after that. If the proposed revocation, denial,

 

modification, or refusal is not protested, the license or

 

certificate of registration may be revoked or the application or

 

the renewal of the license or certificate of registration

 

refused.The formal notice and hearing requirements in this

 

subsection do not apply if the licensee or applicant and the

 

department comply with the provisions of subsection (7).

 

     (3) The department shall deny a license to a child caring


institution or foster family group home that does not comply with

 

section 206 of the Michigan zoning enabling act, 2006 PA 110, MCL

 

125.3206.

 

     (4) The legislative body of a city, village, or township in

 

which a child caring institution or foster family group home is

 

located may file a complaint with the department to have the

 

organization's license suspended, denied, or revoked according to

 

the procedures outlined in this act and the rules promulgated under

 

this act. The department director shall resolve the issues of the

 

complaint within 45 days after the receipt of the complaint. Notice

 

of the resolution of the issues shall be mailed by certified mail

 

to the complainant and the licensee. Failure of the department

 

director to resolve the issues of the complaint within 45 days

 

after receipt of the complaint shall serve as a decision by the

 

director to suspend, deny, or revoke the organization's license. If

 

the decision to suspend, deny, or revoke the license or the

 

resolution of the issues is protested by written objection of the

 

complainant or licensee to the department director within 30 days

 

after the suspension, denial, or revocation of the license or the

 

receipt of the notice of resolution, the department director or a

 

designated representative of the director shall conduct a hearing

 

pursuant according to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, at which the complainant and

 

licensee may present testimony and cross-examine witnesses. The

 

department director's decision shall be mailed by certified mail to

 

the complainant and the licensee. If the resolution of the issues

 

by the department director is not protested within 30 days after


receipt of the notice of the resolution, the resolution by the

 

department director is final.

 

     (5) The department shall not issue a license to or renew a

 

license or certificate of registration of a child care center,

 

group child care home, or family child care home if the applicant

 

or licensee , registrant, or applicant has had a previous license

 

or certificate of registration revoked or refused renewal or an

 

application denied due to a violation of this act, the rules

 

promulgated under this act, or the terms of the license or

 

certificate of registration that resulted in the serious severe

 

physical injury, sexual abuse, or death of a child while under its

 

care.

 

     (6) The department shall not issue a license to an individual

 

who worked in a child care center, group child care home, or family

 

child care home at the time of a violation of this act, the rules

 

promulgated under this act, or the terms of a license that resulted

 

in the severe physical injury or death of a child or resulted in a

 

child being sexually abused if the individual had direct care and

 

supervision of that child at the time of the violation.

 

     (7) The department may immediately revoke or refuse to renew a

 

licensee or deny an application for a license without providing

 

written notice of the grounds of the proposed action or giving the

 

licensee or applicant 30 days to appeal if the licensee or

 

applicant, in writing, does all of the following:

 

     (a) Waives the requirement that the department provide written

 

notice of the grounds for the proposed action.

 

     (b) Waives the 30-day time frame in which to submit a written


appeal to the proposed action.

 

     (c) Waives the right to implement the provisions of chapters 4

 

and 5 of the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.271 to 24.292.

 

     (8) The director or his or her designee may issue a subpoena

 

to do either of the following:

 

     (a) Compel the attendance of a witness to testify at a

 

contested case hearing.

 

     (b) Produce books, papers, documents, or other items relevant

 

to the investigation or hearing.

 

     (9) If a subpoena is disobeyed, the director or his or her

 

designee may petition the circuit court to require the attendance

 

of a witness or the production of books, papers, documents, or

 

other items. The circuit court may issue an order requiring a

 

person to appear and give testimony or produce books, papers,

 

documents, or other items. Failure to obey the order of the circuit

 

court may be punished by the court as a contempt of court.

 

     (10) As used in this section:

 

     (a) "Substantially violates" means repeated violations or

 

noncompliance of this act, a rule promulgated under this act, or

 

the terms of a license that jeopardizes the health, safety, care,

 

treatment, maintenance, or supervision of individuals receiving

 

services or, in the case of an applicant, individuals who may

 

receive services.

 

     (b) "Willfully violates" means, after receiving a copy of the

 

act, the rules promulgated under the act and, for a license, a copy

 

of the terms of a license, or a previous citation for a violation


of this act or a rule promulgated under this act, a licensee or an

 

applicant knew or had reason to know that his or her conduct was a

 

violation of the act, rules promulgated under the act, or the terms

 

of a license.

 

     Sec. 11a. The director of the department shall notify the

 

clerk of the city, village, or township and the legislature of the

 

location of new and existing licensed child caring institution or

 

foster family group home within the boundaries of the cities,

 

villages, and townships in this state. The notification for

 

existing licensed organizations shall be given within 90 days after

 

the effective date of this amendatory act and within 30 days after

 

the licensing of a new organization.

 

     Sec. 11c. (1) In the case of a disaster, a child care center,

 

group child care home, or family child care home may temporarily

 

operate at an unlicensed location under this section. The

 

requirements to temporarily operate at an unlicensed location under

 

this section are as follows:

 

     (a) The child care center, group child care home, or family

 

child care home cannot operate in a new location until after the

 

department has conducted an inspection and approved the new

 

location.

 

     (b) For a child care center, a fire safety inspection, an

 

environmental health inspection, and, if necessary, a lead hazard

 

risk assessment, and, for a group child care home or family child

 

care home, an environmental health inspection, if necessary, are

 

conducted within 45 days of the proposal of the new location. If

 

any of the inspections find the new location to be unsafe, the


child care center, group child care home, or family child care home

 

must discontinue operation in that new location.

 

     (2) If the child care center, group child care home, or family

 

child care home will remain at the new location, the licensee must

 

apply for and obtain a new license within 1 year of moving to the

 

new location.

 

     (3) The department shall determine what constitutes a disaster

 

under this section.

 

     Sec. 12. A person aggrieved by the decision of the director

 

following a hearing under section 7a or 11 may , within 30 days

 

after receipt of the decision, take an appeal to the circuit court

 

for the county in which the person resides by filing with the clerk

 

of the court an affidavit setting forth the substance of the

 

proceedings before the department and the errors of law upon which

 

the person relies, and serving the director of the department with

 

a copy of the affidavit. The circuit court shall have jurisdiction

 

to hear and determine the questions of law involved in the appeal.

 

If the department prevails, the circuit court shall affirm the

 

decision of the department; if the licensee, registrant, or

 

applicant prevails, the circuit court shall set aside the

 

revocation, or order the issuance or renewal of the license or

 

certificate of registration.appeal as provided in chapter 6 of the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to

 

24.306.

 

     Sec. 13. (1) When there is a violation of this act or a rule

 

promulgated thereunder, and the unlawful activity or condition of

 

the child care organization is likely to result in serious harm to


the children under care, the department may seek injunctive action

 

against the child care organization in the circuit court through

 

proceedings instituted by the attorney general on behalf of the

 

department.The department may bring an action for injunctive relief

 

in the circuit court for the county in which the person resides or

 

in the circuit court for Ingham County, to enjoin a violation or

 

threatened violation of this act or a rule promulgated under this

 

act. An affidavit of an individual who is personally familiar with

 

the basis of noncompliance must be filed with the action for

 

injunctive relief.

 

     (2) If the department has conducted an investigation that

 

discloses an imminent threat to the public health, safety, or

 

welfare, or the well-being of a child is endangered, the department

 

may obtain an injunction to restrain or prevent a person from

 

acting in a manner that threatens the public health, safety, or

 

welfare, or to compel a person to affirmatively take reasonable

 

corrective action. Before obtaining an injunction as provided by

 

this subsection, the department must obtain an affidavit by a

 

person familiar with the facts set forth in the affidavit, or, if

 

appropriate, based upon an affidavit, that an imminent threat to

 

the public health, safety, or welfare exists or the well-being of a

 

child is endangered. The appropriate department is not required to

 

provide prior warning to the person before obtaining an injunction

 

under this section. The appropriate department is not required to

 

demonstrate an imminent threat to the public health, safety, or

 

welfare or child endangerment if the person is operating a child

 

care organization without a license in violation of the director's


final order issued under section 11.

 

     (3) If the department is successful in obtaining an injunction

 

as provided in this section, the department is entitled to actual

 

costs and attorney fees for maintaining the action.

 

     Sec. 14. Only a parent, guardian of the person of a child, a

 

person related to a child by blood, marriage, or adoption, a

 

licensed child placing agency, or a governmental unit may place a

 

child in the control and care of a person. This section shall does

 

not be construed to prevent foster parents from placing foster

 

children in temporary care pursuant according to rules promulgated

 

by the department.

 

     Sec. 14a. (1) A probate court, a child placing agency, or the

 

department may consent to routine, nonsurgical medical care, or

 

emergency medical and surgical treatment of a minor child placed in

 

out-of-home care pursuant to Act No. 280 of the Public Acts of

 

1939, as amended, being sections 400.1 to 400.121 of the Michigan

 

Compiled Laws, Act No. 288 of the Public Acts of 1939, as amended,

 

being sections 710.21 to 712A.28 of the Michigan Compiled Laws,

 

under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b,

 

the probate code of 1939, 1939 PA 288, MCL 710.21 to 712B.41, or

 

this act. If the minor child is placed in a child care

 

organization, then the probate court, the child placing agency, or

 

the department making the placement shall execute a written

 

instrument investing that organization with authority to consent to

 

emergency medical and surgical treatment of the child. The

 

department may also execute a written instrument investing a child

 

care organization with authority to consent to routine, nonsurgical


medical care of the child. If the minor child is placed in a child

 

care institution, the probate court, the child placing agency, or

 

the department making the placement shall in addition execute a

 

written instrument investing that institution with authority to

 

consent to the routine, nonsurgical medical care of the child.

 

     (2) A parent or guardian of a minor child who voluntarily

 

places the child in a child care organization shall execute a

 

written instrument investing that organization with authority to

 

consent to emergency medical and surgical treatment of the child.

 

The parent or guardian shall consent to routine, nonsurgical

 

medical care.

 

     (3) Only the minor child's parent or legal guardian shall

 

consent to nonemergency, elective surgery for a child in foster

 

care. If parental rights have been permanently terminated by court

 

action, consent for nonemergency, elective surgery shall be given

 

by the probate court or the agency having jurisdiction over the

 

child.

 

     (4) As used in this section, "routine, nonsurgical medical

 

care" does not include contraceptive treatment, services,

 

medication or devices.

 

     Sec. 14b. As used in this section and sections 14c and 14d:

 

     (a) "Adoption attorney" means that term as defined in section

 

22 of the Michigan adoption code, being section 710.22 of the

 

Michigan Compiled Laws.MCL 710.22.

 

     (b) "Adoption code" means chapter X of Act No. 288 of the

 

Public Acts of 1939, being sections 710.21 to 710.70 of the

 

Michigan Compiled Laws.


     (b) (c) "Adoption facilitator" means a child placing agency or

 

an adoption attorney who assists biological parents or guardians or

 

prospective adoptive parents with adoptions pursuant according to

 

the Michigan adoption code.

 

     (c) "Michigan adoption code" means chapter X of the probate

 

code of 1939, 1939 PA 288, MCL 710.21 to 710.70.

 

     (d) "Primary adoption facilitator" means the adoption

 

facilitator in an adoption who files the court documents on behalf

 

of the prospective adoptive parent.

 

     (e) "Public information form" means a form described in

 

section 14d that is completed by a primary adoption facilitator and

 

maintained in a central clearinghouse by the department of social

 

services for distribution pursuant according to section 14d to

 

individuals seeking information about adoption.

 

     Sec. 14c. (1) Not later than 10 days after the entry of an

 

order of adoption pursuant to under section 56 of the Michigan

 

adoption code, being section 710.56 of the Michigan Compiled Laws,

 

MCL 710.56, the primary adoption facilitator for that adoption

 

shall file with the probate court a completed public information

 

form setting forth information including costs connected with the

 

adoption as prescribed by section 14d. The public information form

 

shall be authenticated by verification under oath by the primary

 

adoption facilitator, or, in the alternative, contain the following

 

statement immediately above the date and signature of the

 

facilitator: "I declare that this public information form has been

 

examined by me and that its contents are true to the best of my

 

information, knowledge, and belief.".


     (2) This section does not apply to a stepparent adoption; ,

 

the adoption of a child related to the petitioner within the fifth

 

degree by blood, marriage, or adoption; , or an adoption in which

 

the consent of a court or the department is required.

 

     (3) Except as provided in subsection (2), this section applies

 

to adoptions in which the order of adoption under section 56 of the

 

Michigan adoption code, MCL 710.56, is entered after the effective

 

date of this section, July 1, 1995, including adoptions pending on

 

the effective date of this section.July 1, 1995.

 

     Sec. 14d. (1) The department shall develop a public

 

information form for the reporting of the following nonconfidential

 

information:

 

     (a) The name and address of the primary adoption facilitator.

 

     (b) The type of adoption, as follows:

 

     (i) Direct placement or agency placement.

 

     (ii) Intrastate, interstate, or intercountry.

 

     (c) The name of the agency and individual who performed the

 

preplacement assessment or the investigation required under section

 

46 of the Michigan adoption code, being section 710.46 of the

 

Michigan Compiled Laws, MCL 710.46, and the cost of the assessment

 

or investigation.

 

     (d) The name of each individual who performed counseling

 

services for a biological parent, a guardian, or the adoptee; the

 

individual's agency affiliation, if any; the number of hours of

 

counseling performed; and the cost of that counseling.

 

     (e) The name of each individual who performed counseling

 

services for an adoptive parent; , the individual's agency


affiliation, if any; , the number of hours of counseling performed;

 

, and the cost of that counseling.

 

     (f) The total amount paid by an adoptive parent for hospital,

 

nursing, or pharmaceutical expenses incurred by a biological parent

 

or the adoptee in connection with the birth or any illness of the

 

adoptee.

 

     (g) The total amount paid by an adoptive parent for a

 

biological mother's living expenses.

 

     (h) The total amount paid by an adoptive parent for expenses

 

incurred in ascertaining the information required under section 27

 

of the Michigan adoption code, being section 710.27 of the Michigan

 

Compiled Laws.MCL 710.27.

 

     (i) The name of any attorney representing an adoptive parent,

 

the number of hours of service performed in connection with the

 

adoption, and the total cost of the attorney's services performed

 

for the adoptive parent.

 

     (j) The name of any attorney representing a biological parent,

 

the number of hours of service performed in connection with the

 

adoption, and the total cost of the attorney's services performed

 

for the biological parent.

 

     (k) The name of any agency assisting a biological parent or

 

adoptive parent, and the cost of all services provided by the

 

agency other than services specifically described in subdivisions

 

(c), (d), and (e).

 

     (l) The total amount paid by an adoptive parent for a

 

biological parent's travel expenses.

 

     (m) Any fees or expenses sought but disallowed by the court.


     (n) The total amount of all expenses connected with the

 

adoption that were paid for by the adoptive parent.

 

     (o) An explanation of any special circumstances that made

 

costs of the adoption higher than would normally be expected.

 

     (2) The public information form prescribed by subsection (1)

 

shall contain a detachable section for the reporting of all of the

 

following confidential information:

 

     (a) The age, sex, and race of each biological parent.

 

     (b) The age, sex, and race of the adoptee.

 

     (c) The name, age, sex, and race of each adoptive parent.

 

     (d) The county in which the final order of adoption was

 

entered.

 

     (e) The county, state, and country of origin of the adoptee.

 

     (f) The legal residence of biological parents.

 

     (g) The legal residence of adoptive parents.

 

     (h) The dates of the following actions related to the

 

adoption:

 

     (i) The first contact of the birth parent with the primary

 

adoption facilitator.

 

     (ii) The first contact of the adoptive parent with the primary

 

adoption facilitator.

 

     (iii) The temporary placement, if applicable.

 

     (iv) The formal placement.

 

     (v) The order of the court finalizing the adoption.

 

     (3) The department of social services shall distribute blank

 

public information forms to adoption facilitators, courts, and

 

other interested individuals and organizations.


     (4) Beginning on July 1, 1995, the department of social

 

services shall accept from the probate court of each county and

 

maintain in a central clearinghouse completed public information

 

forms for each adoption completed in this state. Upon the request

 

of an individual seeking information about adoption facilitators

 

serving a particular county or counties, the department shall send

 

the individual a list of all adoption facilitators serving that

 

county or those counties, the number of adoptions each person

 

facilitated in the county or counties during the preceding 12

 

months, and the fees the department charges for transmitting copies

 

of public information forms. Upon the individual's request for

 

public information forms for a particular adoption facilitator or

 

facilitators and payment of the required fees, the department shall

 

send the individual copies of the nonconfidential portions of the

 

public information forms completed by that adoption facilitator or

 

those adoption facilitators during the preceding 12 months. If the

 

number of adoptions facilitated by a particular adoption

 

facilitator in a particular county or counties is insufficient to

 

protect the confidentiality of the participants in an adoption, the

 

department shall send the nonconfidential portions of additional

 

public information forms for adoptions facilitated by that adoption

 

facilitator in earlier years or in other counties. The additional

 

forms required to protect confidentiality shall be sent without

 

charge to the individual requesting the information.

 

     (5) If the department receives public information forms

 

completed by a probate register containing only the primary

 

adoption facilitator's name and confidential information, the


department shall send the nonconfidential portion of those public

 

information forms completed by the probate register in response to

 

an individual's request for public information forms for that

 

adoption facilitator.

 

     (6) The department may charge a fee for transmitting public

 

information forms to individuals requesting them. The fee shall be

 

sufficient to reimburse the department for the costs of copying,

 

postage or facsimile, and labor.

 

     Sec. 14e. (1) The legislature finds and declares all of the

 

following:

 

     (a) When it is necessary for a child in this state to be

 

placed with an adoptive or foster family, placing the child in a

 

safe, loving, and supportive home is a paramount goal of this

 

state.

 

     (b) As of the effective date of the amendatory act that added

 

this section, September 9, 2015, there are 105 licensed adoption

 

and foster care agencies in this state that are authorized to

 

participate in and assist families with adoption and foster parent

 

placements of children.

 

     (c) Having as many possible qualified adoption and foster

 

parent agencies in this state is a substantial benefit to the

 

children of this state who are in need of these placement services

 

and to all of the citizens of this state because the more qualified

 

agencies taking part in this process, the greater the likelihood

 

that permanent child placement can be achieved.

 

     (d) As of the effective date of the amendatory act that added

 

this section, September 9, 2015, the adoption and foster care


licensees of this state represent a broad spectrum of organizations

 

and groups, some of which are faith based and some of which are not

 

faith based.

 

     (e) Private child placing agencies, including faith-based

 

child placing agencies, have the right to free exercise of religion

 

under both the state and federal constitutions. Under well-settled

 

principles of constitutional law, this right includes the freedom

 

to abstain from conduct that conflicts with an agency's sincerely

 

held religious beliefs.

 

     (f) Faith-based and non-faith-based child placing agencies

 

have a long and distinguished history of providing adoption and

 

foster care services in this state.

 

     (g) Children and families benefit greatly from the adoption

 

and foster care services provided by faith-based and non-faith-

 

based child placing agencies. Ensuring that faith-based child

 

placing agencies can continue to provide adoption and foster care

 

services will benefit the children and families who receive

 

publicly funded services.

 

     (h) Under well-established department contracting practices of

 

the department, a private child placing agency does not receive

 

public funding with respect to a particular child or particular

 

individuals referred by the department unless that agency

 

affirmatively accepts the referral.

 

     (i) Under well-settled principles of constitutional law

 

distinguishing "private action" from "state action", a private

 

child placing agency does not engage in state action when the

 

agency performs private-adoption or direct-placement services.


Similarly, a private child placing agency does not engage in state

 

action relative to a referral for services under a contract with

 

the department before the agency accepts the referral.

 

     (2) To the fullest extent permitted by state and federal law,

 

a child placing agency shall not be required to provide any

 

services if those services conflict with, or provide any services

 

under circumstances that conflict with, the child placing agency's

 

sincerely held religious beliefs contained in a written policy,

 

statement of faith, or other document adhered to by the child

 

placing agency.

 

     (3) To the fullest extent permitted by state and federal law,

 

the state or a local unit of government shall not take an adverse

 

action against a child placing agency on the basis that the child

 

placing agency has declined or will decline to provide any services

 

that conflict with, or provide any services under circumstances

 

that conflict with, the child placing agency's sincerely held

 

religious beliefs contained in a written policy, statement of

 

faith, or other document adhered to by the child placing agency.

 

     (4) If a child placing agency declines to provide any services

 

under subsection (2), the child placing agency shall provide in

 

writing information advising the applicant of the department's

 

website, the Michigan adoption resource exchange or similar

 

subsequently utilized websites, and a list of adoption or foster

 

care service providers with contact information and shall do at

 

least 1 of the following:

 

     (a) Promptly refer the applicant to another child placing

 

agency that is willing and able to provide the declined services.


     (b) Promptly refer the applicant to the webpage on the

 

department's website that identifies other licensed child placement

 

agencies.

 

     (5) A child placing agency may assert a defense in an

 

administrative or judicial proceeding based on this section.

 

     (6) If a child placing agency declines to provide any services

 

under subsection (2), the child placing agency's decision does not

 

limit the ability of another child placing agency to provide those

 

services.

 

     (7) For the purpose of this section:

 

     (a) "Adverse action" includes, but is not limited to, denying

 

a child placing agency's application for funding, refusing to renew

 

the child placing agency's funding, canceling the child placing

 

agency's funding, declining to enter into a contract with the child

 

placing agency, refusing to renew a contract with the child placing

 

agency, canceling a contract with the child placing agency,

 

declining to issue a license to the child placing agency, refusing

 

to renew the child placing agency's license, canceling the child

 

placing agency's license, taking an enforcement action against a

 

child placing agency, discriminating against the child placing

 

agency in regard to participation in a government program, and

 

taking any action that materially alters the terms or conditions of

 

the child placing agency's funding, contract, or license.

 

     (b) "Services" includes any service that a child placing

 

agency provides, except foster care case management and adoption

 

services provided under a contract with the department.

 

     Sec. 14f. (1) If the department makes a referral to a child


placing agency for foster care case management or adoption services

 

under a contract with the child placing agency, the child placing

 

agency may decide not to accept the referral if the services would

 

conflict with the child placing agency's sincerely held religious

 

beliefs contained in a written policy, statement of faith, or other

 

document adhered to by the child placing agency. Before accepting a

 

referral for services under a contract with the department, the

 

child placing agency has the sole discretion to decide whether to

 

engage in activities and perform services related to that referral.

 

The department shall not control the child placing agency's

 

decision whether to engage in those activities or perform those

 

services. For purposes of this subsection, a child placing agency

 

accepts a referral by doing either of the following:

 

     (a) Submitting to the department a written agreement to

 

perform the services related to the particular child or particular

 

individuals that the department referred to the child placing

 

agency.

 

     (b) Engaging in any other activity that results in the

 

department being obligated to pay the child placing agency for the

 

services related to the particular child or particular individuals

 

that the department referred to the child placing agency.

 

     (2) The state or a local unit of government shall not take an

 

adverse action against a child placing agency on the basis that the

 

child placing agency has decided to accept or not accept a referral

 

under subsection (1).

 

     (3) If a child placing agency decides not to accept a referral

 

under subsection (1), that occurrence shall not be a factor in


determining whether a placement in connection with the referral is

 

in the best interest of the child.

 

     (4) A child placing agency may assert a defense in an

 

administrative or judicial proceeding based on this section.

 

     (5) For the purpose of this section, "adverse action"

 

includes, but is not limited to, denying a child placing agency's

 

application for funding, refusing to renew the child placing

 

agency's funding, canceling the child placing agency's funding,

 

declining to enter into a contract with the child placing agency,

 

refusing to renew a contract with the child placing agency,

 

canceling a contract with the child placing agency, declining to

 

issue a license to the child placing agency, refusing to renew the

 

child placing agency's license, canceling the child placing

 

agency's license, taking an enforcement action against a child

 

placing agency, discriminating against the child placing agency in

 

regard to participation in a government program, and taking any

 

action that materially alters the terms or conditions of the child

 

placing agency's funding, contract, or license.

 

     Sec. 15. (1) Except as provided in subsection (2), a person,

 

child care organization, agency, or representative or officer of a

 

firm, a corporation, an association, or an organization who

 

violates this act is guilty of a misdemeanor punishable by the

 

following:

 

     (a) A fine of not less than $100.00 or more than $1,000.00 for

 

a violation of section 3b, 3c, or 3d.

 

     (b) For a violation not described in either subdivision (a) or

 

subsection (2), a fine of not less than $100.00 or more than


$1,000.00, or imprisonment for not more than 90 days, or both.

 

     (2) If a person, family child care home, group child care

 

home, agency, or representative or officer of a firm, a

 

corporation, an association, or an organization intentionally

 

violates a licensing rule for family and group child care homes

 

promulgated under this act and in effect on January 1, 2017, and

 

that violation causes the death of a child, the person, family

 

child care home, group child care home, agency, or representative

 

or officer of a firm, a corporation, an association, or an

 

organization is guilty of second degree child abuse described in

 

section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b,

 

and punishable as provided in that section. In addition to any

 

other penalty imposed, its license or certificate of registration

 

shall be permanently revoked.

 

     (3) If a person, child care organization, agency, or

 

representative or officer of a firm, a corporation, an association,

 

or an organization is convicted under this act, the conviction is

 

sufficient ground for the revocation of its license, or certificate

 

of registration, and the person, child care organization, agency,

 

or representative or officer of a firm, a corporation, an

 

association, or an organization convicted shall not be granted a

 

license, or certificate of registration, or be permitted to be

 

connected, directly or indirectly, with a licensee or a registrant

 

for a period of not less than 2 5 years after the conviction,

 

except as provided in subsection (2).

 

     (4) A person, child care organization, agency, or

 

representative or officer of a firm, a corporation, an association,


or an organization who has a license or certificate of registration

 

revoked, application denied, or renewal refused, or, before the

 

effective date of the 2017 amendatory act that amended this

 

subsection, certificate of registration revoked or refused renewal

 

or application denied may be refused a license, or certificate of

 

registration, or be prohibited from being connected, directly or

 

indirectly, with a licensee or a registrant for a period of not

 

less than 2 5 years after the revocation, denial, or refusal to

 

renew. The department, in its discretion, is not required to accept

 

an application from a person, child care organization, agency, or

 

representative or officer of a firm, a corporation, an association,

 

or an organization described in this subsection. The department may

 

reject the application on its face without taking further action

 

after notifying the applicant of the rejection and the reason for

 

the rejection.

 

     (5) As used in this section, "certificate of registration"

 

means the written document issued previously under this act to a

 

family child care home through registration.

 

     Sec. 16. The department shall provide continuous education of

 

to the public in regard to the requirements of this act through the

 

ongoing use of mass media and other methods as are deemed

 

considered appropriate.

 

     Enacting section 1. Sections 3d, 5f, and 9a of 1973 PA 116,

 

MCL 722.113d, 722.115f, and 722.119a, are repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 3. This amendatory act does not take effect


unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 180.

 

     (b) Senate Bill No. 182.