HB 5803

substitute for
House BILL NO. 5803
A bill to amend 1973 PA 116, entitled
"An act to provide for the protection of children
through the licensing and regulation of child care organizations; to provide
for the establishment of standards of care for child care organizations; to
prescribe powers and duties of certain departments of this state and adoption
facilitators; to provide penalties; and to repeal acts and parts of acts,"
by amending section 1 (MCL 722.111), as amended by 2024
PA 50.
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 16 years of age or older to
whom 1 or more of the following apply:
(i) The individual is employed by a child
care center, group child care home, or family child care home for compensation,
including a contract employee or a self-employed individual.
(ii) An individual whose activities involve
the unsupervised care or supervision of children for a child care center, group
child care home, or family child care home.
(iii) An individual who has unsupervised
access to children who are cared for or supervised by a child care center,
group child care home, or family child care home.
(iv) An individual who acts in the role of a
licensee designee or program director.
(b) "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 individuals
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) "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 must 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 an institution 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) "Child
caring institution staff member" means an individual who is 18 years of
age or older to whom 1 or more of the following apply:
(i) The individual is employed by a child
caring institution for compensation, including an adult who does not work
directly with children.
(ii) The individual is a contract employee or
self-employed individual with a child caring institution.
(iii) The individual is an intern or other
individual who provides specific services under the rules promulgated under
this act.
(e) "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).
(f)
"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.
(g)
"Children's campsite" means the outdoor setting where a children's
residential or day camp is located.
(h)
"Children's therapeutic group home" means a child caring institution
receiving 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) Has a capacity of not more than 6
children.
(iii) Complies with the rules for child caring
institutions. Emergency safety intervention in the form of physical management
is allowed but must comply with the mental health code, 1974 PA 258, MCL
330.1001 to 330.2106, and associated administrative rules.
(iv) Is not a private home.
(v) Is not located on a campus with other
licensed facilities.
(i) "Child
care center" means a facility, other than a private residence, receiving 1
or more 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 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 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 individuals 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.
(vi) A preschool program or classroom located
in a public school that provides part-day programs, school-day programs, GSRP
extended programs, GSRP/Head Start school-day blended programs, or GSRP/Head
Start extended blended programs under section 32d of the state school aid act
of 1979, 1979 PA 94, MCL 388.1632d. As used in this subparagraph, "public
school" means that term as defined in section 5 of the revised school
code, 1976 PA 451, MCL 380.5.
(vii) A preschool program or classroom located
in a nonpublic school, as that term is defined in section 5 of the revised
school code, 1976 PA 451, MCL 380.5.
(j)
"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.
(k) "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.
(l) "Criminal history record
information" means that term as defined in section 1a of 1925 PA 289, MCL
28.241a.
(m)
"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 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.
(n) "Drinking
fountain" means a plumbing fixture that is connected to the potable water
distribution system and drainage system that allows the user to obtain a drink
directly from a stream of flowing water without the use of any accessory.
(o)
"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.
(p)
"Faucet" means a valve end of a water pipe by which water is drawn
from or held within the pipe.
(q) "Filtered
bottle-filling station" or "station" means an apparatus that
meets all of the following requirements:
(i) Is connected to customer site piping.
(ii) Filters water and is certified to meet
NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for
particulate removal.
(iii) The flow rate through the station is
paired to the specified flow rate of the filter cartridge.
(iv) Has a light or other device to indicate
filter cartridge replacement status.
(v) Is designed to fill drinking bottles or
other containers for personal water consumption.
(vi) Includes a drinking fountain.
(r) "Filtered
faucet" means a faucet that at the point of use includes a filter that is
certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard
42 for particulate removal.
(s) "Filtered
pitcher" means a container used for holding and pouring liquids that at
the point of use includes a filter that is certified to meet NSF/ANSI standard
53 for lead reduction and NSF/ANSI standard 42 for particulate removal.
(t)
"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.
(u) "Increased
capacity" means 1 additional child added to the total number of minor
children received for care and supervision in a family child care home or 2
additional children added to the total number of minor children received for
care and supervision in a group child care home.
(v) "Private
home" means a private residence in which the licensee permanently resides,
which residency is not contingent upon caring for children or employment by a
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 the
private home of an individual who is licensed to provide 24-hour care for 1 but
not more than 4 minor children who are placed away from their parent, legal
guardian, or legal custodian in foster care. The licensed individual providing
care is required to comply with the reasonable and prudent parenting standard
as defined in section 1 of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.1.
(ii) "Foster family group home"
means the private home of an individual who has been licensed by the department
to provide 24-hour care for more than 4 but fewer than 7 minor children who are
placed away from their parent, legal guardian, or legal custodian in foster
care. The licensed individual providing care is required to comply with the
reasonable and prudent parenting standard as defined in section 1 of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1.
(iii) "Family child care home" means
a private home in which 1 but fewer than 7 minor children are received for care
and supervision for compensation for periods of less than 24 hours a day,
unattended by a parent or legal guardian, except children related to an adult
member of the household. 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 if 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. Family child care home includes a
private home with increased capacity.
(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 household. 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. Group
child care home includes a private home with increased capacity.
(w) "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.
(x) "Legal
entity" means a sole proprietorship, partnership, corporation, limited
liability company, or any other entity.
(y)
"Licensee" means a person, legal entity organized under a law of this
state, state or local government, or trust that has been issued a license under
this act to operate a child care organization.
(z) "Listed
offense" means that term as defined in section 2 of the sex offenders
registration act, 1994 PA 295, MCL 28.722.
(aa) "Member
of the household" means any individual who resides in a family child care
home, group child care home, foster family home, or foster family group home on
an ongoing basis, or who has a recurrent presence in the home, including, but
not limited to, overnight stays. For foster family homes and foster family
group homes, a member of the household does not include a foster child. For
group child care homes and family child care homes, a member of the household
does not include a child to whom child care is being provided.
(bb) "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.
(cc)
"Provisional license" means a license issued to a child care
organization that is temporarily unable to conform to the rules promulgated
under this act.
(dd)
"Psychiatric residential treatment facility" or "PRTF"
means a facility other than a hospital that provides psychiatric services, as
described in 42 CFR 441.150 to 441.184, in an inpatient setting to individuals
under the age of 21. Emergency safety intervention in the form of physical
management is allowed but must comply with the mental health code, 1974 PA 258,
MCL 330.1001 to 330.2106, and associated administrative rules.
(ee)
"Qualified residential treatment program" or "QRTP" means a
program within a child caring institution to which all of the following apply:
(i) The program has a trauma-informed
treatment model, evidenced by the inclusion of trauma awareness, knowledge, and
skills into the program's culture, practices, and policies.
(ii) The program has registered or licensed
nursing and other licensed clinical staff on-site or available 24 hours a day,
7 days a week, who provide care in the scope of their practice as provided in
parts 170, 172, 181, 182, 182A, and 185 of the public health code, 1978 PA 368,
MCL 333.17001 to 333.17097, 333.17201 to 333.17242, 333.18101 to 333.18117,
333.18201 to 333.18237, 333.18251 to 333.18267, and 333.18501 to 333.18518.
(iii) The program integrates families into
treatment, including maintaining sibling connections.
(iv) The program provides aftercare services
for at least 6 months post discharge.
(v) The program is accredited by an
independent not-for-profit organization as described in 42 USC 672(k)(4)(G).
(vi) The program does not include a detention
facility, forestry camp, training school, or other facility operated primarily
for detaining minor children who are determined to be delinquent.
(ff) "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.
(gg)
"Guardian" means the individual's guardian.
(hh) "Minor
child" means any of the following:
(i) An individual less than 18 years of age.
(ii) An individual 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) An individual 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 an individual 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) An individual 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).
(ii)
"Related" means 1 of the following:
(i) Except as provided in subparagraph (ii),
a relative as defined in section 13a of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.13a.
(ii) For licensing by the department related
to a child care center, children's camp, children's campsite, family child care
home, foster family home, foster family group home, or group child care home,
in the relationship 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.
(jj)
"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.
(kk)
"School-age child" means a child who is eligible to attend a grade of
kindergarten or 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 the child
is eligible to attend school.
(ll) "Severe physical injury" means
serious physical harm as that term is defined in section 136b of the Michigan
penal code, 1931 PA 328, MCL 750.136b.
(mm) "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.
(nn) "Water
delivery service" means a service that delivers drinking water to a child
care center and provides drinking water that meets the standards of the safe
drinking water act, 42 USC 300f to 300j-25.
(2) A family child
care home or group child care home is automatically eligible for increased
capacity after satisfying all of the following criteria:
(a) Holds a current
license.
(b) Has been
licensed to operate for at least 29 consecutive months.
(c) Has received 1
or more unrelated minor children for care and supervision during the licensed
period under subdivision (b).
(d) Has received a
renewed regular license after at least 29 months of licensed operation under
subdivision (b).
(3) The department
may rescind increased capacity due to 1 or more of the following:
(a) Corrective
action.
(b) Licensing
action.
(c) Determination
by the department that increased capacity is not conducive to the welfare of
children as that term is defined in section 5m.
(4) If the
department rescinds increased capacity as outlined in subsection (3), the
family child care home or group child care home may be considered for increased
capacity not less than 22 months after rescinding increased capacity in a form
and manner determined by the department.
(5) A family child
care home or group child care home may appeal rescission of increased capacity
under a hearing held in the manner provided under section 11(2).