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Michigan Compiled Laws Complete Through PA 38 of 2023
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Act 116 of 1973
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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.For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.
Popular Name: Act 116
Popular Name: Child Care Licensing Act

The People of the State of Michigan enact:

Section 722.111SectionDefinitions; increased capacity requirements; rescission of increased capacity; appeal.
Section 722.111aSectionConcurrent 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; restrictions; review; compliance timeline.
Section 722.112aSectionChild 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 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; 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 722.113SectionInspection 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, group child care home, or family child care home; effect of court order.
Section 722.113bSectionSmoking prohibited; "smoke" or "smoking" defined.
Section 722.113cSectionSmoking 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 background check required; posting notice; rules.
Section 722.113fSectionChild 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 records notebook.
Section 722.113hSectionUnannounced inspections of child care organizations.
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 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, foster 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; 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; requirements; fee; renewal.
Section 722.115dSectionConditional offer of employment to person at child care organization; criminal history background check; cost; exception for renewal.
Section 722.115eSectionArraignment 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 722.115gSectionDuties 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 722.115iSectionArraignment 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 background check performed by department.
Section 722.115kSectionStorage and retention of fingerprints in automated fingerprint identification system database; automatic notification.
Section 722.115lSectionPerson 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; disclosure of ownership interest.
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 governmental child care organizations; report; state funds.
Section 722.116aSectionAnnual comprehensive needs assessment.
Section 722.117SectionOriginal license; renewal or refusal to renew; modification to provisional license.
Section 722.117aSectionProvisional license.
Section 722.118SectionRegular license; renewal; duration; contents; reissuance; extended license.
Section 722.118aSectionAssessment 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 722.118cSectionLicense; issuance to specific person or organization; location; nontransferable; property of department.
Section 722.118dSectionApplicability of licensing requirements for certain services under safe families for children act.
Section 722.118eSectionLicensure and notification requirements for child care centers within a multiple occupancy building; rescission of R 400.8560.
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; administrative review for former applicant or licensee; expungement; criminal history check.
Section 722.119aSectionRepealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.120SectionInvestigation, 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; 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 722.121bSectionDatabase; 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 722.123SectionInjunction.
Section 722.123aSectionPlacement in a qualified residential treatment program; requirements; assessment of qualified individual; duties of court or administrative body; dispositional review; approval for continued placement; definitions.
Section 722.124SectionPersons authorized to place child.
Section 722.124aSectionConsent 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 722.124cSectionFiling 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 722.124eSectionLegislative 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 722.124fSectionDecision 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; effect of revocation, denial, or refusal to renew; rejection of application; "certificate of registration" defined.
Section 722.126SectionEducation 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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