HOUSE BILL No. 4009

 

 

January 11, 2017, Introduced by Rep. Lucido and referred to the Committee on Families, Children, and Seniors.

 

     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 3 and 11b (MCL 722.113 and 722.121b), section

 

3 as amended by 2006 PA 206 and section 11b as amended by 2010 PA

 

86.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

department of licensing and regulatory affairs under this act shall

 

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

 

licensing and regulatory affairs, 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,

 

licensing and regulatory affairs, the bureau of fire services, or

 

local authorities upon request of the department, the department of

 

licensing and regulatory affairs, 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 to conduct an inspection

 

pursuant according to subsection (1) and pay for that inspection

 

after an inspection is completed pursuant to under 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 the department of licensing and regulatory affairs

 

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 or the

 

department of licensing and regulatory affairs shall assume


responsibility for the final determination of the issuance, denial,

 

revocation, or provisional nature of licenses issued to

 

nongovernmental organizations. A report of findings shall be

 

furnished to the licensee. A license shall be issued to a specific

 

person or organization at a specific location, shall be is

 

nontransferable, and shall remain remains the property of the

 

department or the department of licensing and regulatory affairs.

 

     (5) The department of licensing and regulatory affairs may use

 

the information obtained in subsection (4) for the purpose of

 

maintaining and updating the database established in section 11b.

 

     Sec. 11b. (1) The department of licensing and regulatory

 

affairs shall establish and maintain a database of child care

 

centers, family child care homes, and group child care homes as a

 

central clearinghouse for persons seeking information on child care

 

options. The database shall include, at a minimum, all of the

 

following information:

 

     (a) The name, address, and telephone number of the child care

 

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

 

     (b) The days and general hours of operation of the child care

 

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

 

     (c) The license number or registration number, effective date,

 

and expiration date of the license or registration of the child

 

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

 

     (d) A list of any and all of the child care center's, family

 

child care home's, or group child care home's violations of this

 

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

 

license or registration.


     (e) (d) The number and nature of any adverse action taken

 

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

 

child care home by the department of licensing and regulatory

 

affairs.

 

     (f) (e) The number and nature of any special investigations

 

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

 

child care home conducted by the department that the department

 

classifies as high risk. This information shall remain in the

 

database as long as the licensee or registrant is licensed or

 

registered under this act. For the purpose of this subdivision,

 

"special investigation that the department classifies as high risk"

 

means an investigation in which the department becomes aware that 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.

 

     (g) (f) Information that, upon completion of a special

 

investigation as described in subdivision (e), (f), the department

 

made a determination that there were no substantiated rule

 

violations. This information may be included in the same manner as

 

information provided under section 3f(5).

 

     (2) The department of licensing and regulatory affairs shall

 

make the database available to the public on the internet, without

 

charge, through that department's website.

 

     (3) The department of licensing and regulatory affairs shall

 

inform the public, through press releases or other media avenues,

 

of the information available in the database established under

 

subsection (1) and how to access that database.

 

     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.