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Michigan Compiled Laws Complete Through PA 115 of 2018
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Senate: Adjourned until Wednesday, May 23, 2018 10:00:00 AM

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Act 116 of 1973
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CHILD CARE ORGANIZATIONS

Act 116 of 1973

AN ACT to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts.


History: 1973, Act 116, Eff. Mar. 29, 1974 ;-- Am. 1994, Act 209, Eff. Jan. 1, 1995 ;-- Am. 1997, Act 165, Eff. Mar. 31, 1998
Compiler's Notes: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Popular Name: Act 116
Popular Name: Child Care Licensing Act


© 2017 Legislative Council, State of Michigan

The People of the State of Michigan enact:

DocumentTypeDescription
Section 722.111SectionDefinitions; exemption from inspections and on-site visits.
Section 722.111.amendedSectionDefinitions.
Section 722.111aSectionConcurrent licensing as adult foster care family home; additional children; combined licensed capacity; definitions.
Section 722.111a.amendedSectionConcurrent licensing as adult foster care family home or adult foster care small group home; additional children; combined licensed capacity; limitation; definitions.
Section 722.112SectionRules; ad hoc committee; review.
Section 722.112.amendedSectionRules; ad hoc committee; restrictions; review.
Section 722.112aSectionChild caring institution, child care center, or group child care home; person certified in first aid and CPR; applicability of MCL 722.125.
Section 722.112a.amendedSectionChild caring institution, foster family home, foster family group home, child care center, group child care home, and family child care home; individual certified in first aid and cardiopulmonary resuscitation; applicability of MCL 722.125.
Section 722.112bSectionDefinitions; scope.
Section 722.112cSectionPersonal restraint and seclusion; use in child caring institution contracting with community mental health services program or prepaid inpatient health plan; education, training, and knowledge.
Section 722.112c.amendedSectionPersonal restraint or seclusion; use in child caring institution contracting with community mental health services program or prepaid inpatient health plan; education, training, and knowledge.
Section 722.112dSectionPersonal restraint or seclusion; use; limitations; requirements.
Section 722.112d.amendedSectionPersonal restraint or seclusion; use; limitations; requirements; order; evaluation; face-to-face assessment; definitions.
Section 722.112eSectionPersonal restraint or seclusion; release; documentation; record; notification; debriefing; report of serious occurrence; annual report.
Section 722.112e.amendedSectionPersonal restraint or seclusion; release; documentation; record; notification; debriefing; report of serious occurrence; annual report.
Section 722.113SectionInspection of child care organizations; contract; provisional license; investigation and certification of foster family home or group home; inspection reports; final determination as to license; report of findings; license limitations.
Section 722.113.amendedSectionInspection of child care organizations; use of administrative rules; contract; investigation and certification of foster family home or group home; inspection reports; final determination as to license; report of findings.
Section 722.113aSectionVisiting child at child care center or day care center; effect of court order.
Section 722.113a.amendedSectionVisiting child at child care center, group child care home, or family child care home; effect of court order.
Section 722.113bSectionSmoking prohibited; "smoke" defined.
Section 722.113b.amendedSectionSmoking prohibited; "smoke" or "smoking" defined.
Section 722.113cSectionSmoking on premises of family child care home during hours of operation prohibited; notice to parents of smoking during other hours; definitions.
Section 722.113c.amendedSectionSmoking on premises of group child care home or family child care home during hours of operation prohibited; smoking during other hours; notice to parent or legal guardian.
Section 722.113dSectionRepealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.113eSectionCriminal history check required; posting notice; rules.
Section 722.113e.amendedSectionCriminal history background check required; posting notice; rules.
Section 722.113fSectionChild care organization receiving notice of special investigation classified as high risk; notification to parent or legal guardian; requirements; noncompliance; determination of substantial rule violations; availability of information to public; exceptions; "special investigation" defined.
Section 722.113f.amendedSectionChild care organization receiving notice of high-risk special investigation; notification to parent or legal guardian; requirements; noncompliance; determination of no substantial rule violations; exceptions; "high-risk special investigation" defined.
Section 722.113gSectionLicensing notebook.
Section 722.113g.amendedSectionLicensing notebook.
Section 722.113hSectionAnnual inspection as unannounced.
Section 722.114SectionConsultation and assistance to organizations.
Section 722.114aSectionChild care center, group child care home, or family child care home; driver license or identification card required for obtaining or renewing license by applicant, licensee, or licensee designate.
Section 722.115SectionLicense or certificate of registration required; application; forms; investigations; on-site visit; issuance or renewal of license; issuance of certificate of registration; certifying compliance, services, and facilities; conditions; orientation session; limitations on certificate; investigation and certification of foster family home or group home; placement of children in foster family home, family group home, unlicensed residence, adult foster care family home, or adult foster care small group home; certification; supervisory responsibility; records; exceptions; receipt of completed application; issuance of license within certain period of time; inspections; report; criminal history check or criminal records check; definitions.
Section 722.115.amendedSectionLicense required; applicability; application; forms; investigations; on-site visit; issuance or renewal of license; investigation and certification of foster family home or group home; placement of children in foster family home, family group home, unlicensed residence, adult foster care family home, or adult foster care small group home; certification; criminal history check; "good moral character" defined.
Section 722.115aSectionProviding records to children's ombudsman.
Section 722.115bSectionContract with license applicant; review of application; issuance or denial of license; county juvenile agency as party to proceeding.
Section 722.115b.amendedSectionContract with license applicant; review of application; failure to issue or deny license within certain period of time; action for mandamus; county juvenile agency as party to proceeding.
Section 722.115cSectionApplicant for child care organization license; criminal history check and criminal records check; requirements; fee; definitions.
Section 722.115c.amendedSectionApplicant for child care organization license; criminal history check; requirements; fee; renewal.
Section 722.115dSectionOffer of employment to person at child care organization; criminal history check; current employees; cost.
Section 722.115d.amendedSectionOffer of employment to person at child care organization; criminal history background check; cost.
Section 722.115eSectionArraignment of licensee or employee; report; crimes; licensee or employee not convicted of crime; deletion of information from records; notice requirements.
Section 722.115e.amendedSectionArraignment or conviction of licensee, staff member, or member of household; report; crime; staff member not convicted of crime; deletion of information from records; notice requirements.
Section 722.115fSectionRepealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.115gSectionPerformance of criminal history check.
Section 722.115g.amendedSectionDuties of department upon conviction of household member.
Section 722.115hSectionApplication for or to renew license to operate foster family home or foster family group home; criminal history check required; procedures.
Section 722.115h.amendedSectionApplication for or to renew license to operate foster family home or foster family group home; criminal history check required; procedures.
Section 722.115iSectionLicensee or resident arraigned for certain crimes; report; violation; penalty; person not convicted; notice.
Section 722.115i.amendedSectionArraignment or conviction of licensee operating foster family home or foster family group home; report; crimes; violation; person not convicted; deletion of information from records.
Section 722.115jSectionCriminal history check performed by department.
Section 722.115j.amendedSectionCriminal history background check performed by department.
Section 722.115kSectionStorage and maintenance of fingerprints; automated fingerprint identification system database.
Section 722.115k.amenedSectionStorage and retention of fingerprints in automated fingerprint identification system database; automatic notification.
Section 722.115lSectionIntentional false report as crime; penalties.
Section 722.115l.amendedSectionPerson making report, cooperating in investigation, or assisting in other requirement; immunity from liability; confidentiality; anonymous complaint; false report.
Section 722.115mSectionChild care center, group child care home, or family child care home; requirements for licensure.
Section 722.115nSectionApplication for or renewal of license to operate child care center, group child care home, or family child care home; household member or child care staff member; criminal history check; requirements; duties of department.
Section 722.115oSectionOperation of child care center, group child care home, or family child care home; criminal history check; issuance of license prohibited; revocation.
Section 722.115pSectionChild care center, group child care home, or family child care home; potential or current child care staff member convicted of crime.
Section 722.115qSectionChild care center, group child care home, or family child care home; contact with child by licensee, child care staff member, or household adult member prohibited; conditions.
Section 722.115rSectionIndividual required to undergo criminal history check or database check; individual ineligible to receive license, be adult member of household, or be child care staff member; conditions.
Section 722.115sSectionIndividual previously reviewed and approved before effective date of amendatory act; request for redetermination.
Section 722.116SectionEvaluation of local and state government child care organizations; report; state funds.
Section 722.116.amendedSectionEvaluation of governmental child care organizations; report; state funds.
Section 722.117SectionProvisional license.
Section 722.117.amendedSectionOriginal license; renewal or refusal to renew; modification to provisional license.
Section 722.117aSectionProvisional license.
Section 722.118SectionRegular license; duration; reinstatement; contents.
Section 722.118.amendedSectionRegular license; renewal; duration; contents; reissuance.
Section 722.118aSectionAssessment of foster family home or group home; certification; on-site evaluation.
Section 722.118a.amendedSectionAssessment of child care organization compliance with act and rules; assessment of foster family home or foster family group home; certification; on-site evaluation.
Section 722.118bSectionRegulation of foster family homes or foster family group homes; variance.
Section 722.118b.amendedSectionRegulation of foster family homes or foster family group homes; variance.
Section 722.118cSectionLicense; issuance to specific person or organization; location; nontransferable; property of department.
Section 722.119SectionChild care organization; presence of certain individuals prohibited; conditions; contact by certain individuals prohibited; conditions; documentation that individual not named in central registry; policy regarding supervision of volunteers; children's camps or campsites.
Section 722.119.amendedSectionChild care organization; presence of certain individuals prohibited; conditions; contact by certain individuals prohibited; conditions; documentation that individual not named in central registry; policy regarding supervision of volunteers; children's camps or campsites.
Section 722.119aSectionRepealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.120SectionInvestigation and examination of conditions, books, records, and reports; visits regarding health or fire protection; records; report; forms; confidentiality; disclosure of information; availability of confidential records.
Section 722.120.amendedSectionInvestigation, inspection, and examination of conditions, books, records, and reports; access by department, bureau of fire services, or local authorities; records; report; forms; confidentiality; disclosure of information; availability of confidential records; child information cards to be provided to department; failure of licensee to cooperate with investigation, inspection, or examination.
Section 722.120aSectionContribution.
Section 722.121SectionDenial, revocation, or refusal to renew license or certificate of registration; modifying provisional status of license; grounds; notice; appeal; hearing; decision; protest; denial of license for noncompliance; complaint by legislative body of city, village, or township; procedure; previous revocation of license or certificate of registration.
Section 722.121.amendedSectionDenial, revocation, or refusal to renew license; grounds; notice; appeal; hearing; decision; protest; denial of license for noncompliance; complaint by legislative body of city, village, or township; procedure; previous revocation of license or certificate of registration; issuance of license to individuals prohibited; conditions; immediate revocation or refusal to renew license or denial of application; issuance of subpoena; order; definitions.
Section 722.121aSectionNotice of location of new and existing licensed child caring institutions or foster family group homes.
Section 722.121a.amendedSectionNotice of location of new and existing licensed child caring institutions or foster family group homes.
Section 722.121bSectionDatabase on child care options.
Section 722.121b.amendedSectionDatabase; establishment; maintenance; information.
Section 722.121cSectionTemporary operation at unlicensed location in case of disaster; new license required if remaining at new location; determination of disaster.
Section 722.122SectionAppeal.
Section 722.122.amendedSectionAppeal.
Section 722.123SectionInjunction.
Section 722.123.amendedSectionInjunction.
Section 722.124SectionPersons authorized to place child.
Section 722.124.amendedSectionPersons authorized to place child.
Section 722.124aSectionConsent to medical and surgical treatment of minor child; "routine, nonsurgical medical care" defined.
Section 722.124a.amendedSectionConsent to medical and surgical treatment of minor child; "routine, nonsurgical medical care" defined.
Section 722.124bSectionDefinitions used in MCL 722.124b, 722.124c, and 722.124d.
Section 722.124b.amendedSectionDefinitions used in MCL 722.124b, 722.124c, and 722.124d.
Section 722.124cSectionFiling of public information form by primary adoption facilitator; contents; authentication; applicability of section to certain adoptions.
Section 722.124c.amendedSectionFiling of public information form by primary adoption facilitator; contents; authentication; applicability of section to certain adoptions.
Section 722.124dSectionPublic information form; reporting nonconfidential information; detachable section; distribution of blank forms; acceptance and maintenance of completed forms; individual requests for information about adoption facilitators; sending nonconfidential portion in response to individual's request; fee.
Section 722.124d.amendedSectionPublic information form; reporting nonconfidential information; detachable section; distribution of blank forms; acceptance and maintenance of completed forms; individual requests for information about adoption facilitators; sending nonconfidential portion in response to individual's request; fee.
Section 722.124eSectionLegislative findings and declaration; requirement to provide services that conflict with child placing agency's religious beliefs prohibited; adverse action against child placing agency prohibited; information to be provided to applicant; defense in administrative or judicial proceeding; ability of another child placing agency to provide services not limited; definitions.
Section 722.124e.amendedSectionLegislative findings and declaration; requirement to provide services that conflict with child placing agency's religious beliefs prohibited; adverse action against child placing agency prohibited; information to be provided to applicant; defense in administrative or judicial proceeding; ability of another child placing agency to provide services not limited; definitions.
Section 722.124fSectionDecision to accept or not referral; defense in administrative or judicial proceeding; "adverse action" defined.
Section 722.124f.amendedSectionDecision to accept or not accept referral; defense in administrative or judicial proceeding; "adverse action" defined.
Section 722.125SectionViolation of act; violation of rule causing death of child; penalty; conviction as ground for revocation of license or certificate of registration; effect of revocation, denial, or refusal to renew.
Section 722.125.amendedSectionViolation of act; violation of rule causing death of child; penalty; conviction as ground for revocation of license; effect of revocation, denial, or refusal to renew; rejection of application; "certificate of registration" defined.
Section 722.126SectionEducation of public.
Section 722.126.amendedSectionEducation to public.
Section 722.127SectionObjection on religious grounds to medical examination, immunization, or treatment of child.
Section 722.127aSectionUse of inhaler or epinephrine auto-injector by child at children's camp.
Section 722.128SectionRepeal.
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