February 23, 2017, Introduced by Senators HILDENBRAND, SCHUITMAKER and HOPGOOD and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1973 PA 116, entitled
"An act to provide for the protection of children through the
licensing and regulation of child care organizations; to provide
for the establishment of standards of care for child care
organizations; to prescribe powers and duties of certain
departments of this state and adoption facilitators; to provide
penalties; and to repeal acts and parts of acts,"
by amending 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.
(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
3 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. A member of the household does not include a child
to whom child care is being provided or a foster child.
(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 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) 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
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. Local and state government child care organizations
similar
to those nongovernmental organizations required to be
licensed
pursuant to this act shall be evaluated and approved at
least
once every 2 years, using this act and rules promulgated
thereunder
for similar nongovernmental organizations licensed under
this
act. A report of the evaluation or inspection shall be
furnished to 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.
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's 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.If a person continues to violate a provision
of this act
or a rule promulgated under this act after being informed by the
department, the department may obtain an injunction to restrain or
prevent a person from committing further violations.
(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. 182.
(b) Senate Bill No. 180.