HOUSE BILL No. 6203 June 13, 2002, Introduced by Reps. Bob Brown, Tabor, Garza, Woronchak, Toy, Anderson, Vander Veen, Lipsey, Neumann, Sheltrown, Zelenko, Kowall, George, Spade, DeRossett, Meyer, Gieleghem, Richardville, Patterson, Bovin, Hager, Gilbert, Caul and Hart and referred to the Committee on Family and Children 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 organi- zations; 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 1994 PA 205. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. As used in this act: 2 (a) "Child care organization" means a governmental or non- 3 governmental organization having as its principal function the 4 receiving of minor children for care, maintenance, training, and 5 supervision, notwithstanding that educational instruction may be 6 given. Child care organization includes organizations commonly 7 described as child caring institutions, child placing agencies, 8 children's camps, child care centers, day care centers, nursery 07288'02 LTB 2 1 schools, parent cooperative preschools, foster homes, group 2 homes, or day care homes. Child care organization does not 3 include a governmental or nongovernmental organization that does 4 either of the following: 5 (i) Provides care exclusively to minors who have been eman- 6 cipated by court orderpursuant toUNDER section 4(3) ofAct7No. 293 of the Public Acts of 1968, being section 722.4 of the8Michigan Compiled Laws1968 PA 293, MCL 722.4. 9 (ii) Provides care exclusively topersonsINDIVIDUALS who 10 are 18 years of age or older and to minors who have been emanci- 11 pated by court orderpursuant toUNDER section 4(3) ofAct12No. 293 of the Public Acts of 19681968 PA 293, MCL 722.4, at 13 the same location. 14 (b) "Child caring institution" means a child care facility 15 that is organized for the purpose of receiving minor children for 16 care, maintenance, and supervision, usually on a 24-hour basis, 17 in buildings maintained by the CHILD CARING institution for that 18 purpose, and operates throughout the year. An educational pro- 19 gram may be provided, but the educational program shall not be 20 the primary purpose of the facility. Child caring institution 21 includes a maternity home for the care of unmarried mothers who 22 are minors and an agency group home, whichTHAT is described 23 as a small child caring institution owned, leased, or rented by a 24 licensed agency providing care for more than 4 but less than 13 25 minor children. Child caring institution also includes institu- 26 tions for mentally retarded or emotionally disturbed minor 27 children. Child caring institution does not include a hospital, 07288'02 3 1 nursing home, or home for the aged licensed under article 17 of 2 the public health code,Act No. 368 of the Public Acts of 1978,3as amended, being sections 333.20101 to 333.22260 of the Michigan4Compiled Laws1978 PA 368, MCL 333.20101 TO 333.22260, a board- 5 ing school licensed under section 1335 of the REVISED school 6 code,of 1976, Act No. 451 of the Public Acts of 1976, being7section 380.1335 of the Michigan Compiled Laws1976 PA 451, MCL 8 380.1335, a hospital or facility operated by the state or 9 licensed under the mental health code,Act No. 258 of the Public10Acts of 1974, as amended, being sections 330.1001 to 330.2106 of11the Michigan Compiled Laws1974 PA 258, MCL 330.1001 TO 12 330.2106, or an adult foster care family home or an adult foster 13 care small group home licensed under the adult foster care facil- 14 ity licensing act,Act No. 218 of the Public Acts of 1979, being15sections 400.701 to 400.737 of the Michigan Compiled Laws1979 16 PA 218, MCL 400.701 TO 400.737, in which a child has been placed 17pursuantACCORDING to section 5(6). 18 (c) "Child placing agency" means a governmental organization 19 or an agency organizedpursuant toUNDER the nonprofit corpora- 20 tion act,Act No. 162 of the Public Acts of 1982, being sections21450.2101 to 450.3192 of the Michigan Compiled Laws1982 PA 162, 22 MCL 450.2101 TO 450.3192, for the purpose of receiving children 23 fortheirplacement in private family homes for foster care or 24 for adoption. The function of a child placing agency may include 25the investigation ofINVESTIGATING applicants for adoption and 26the investigation and certification ofINVESTIGATING AND 27 CERTIFYING foster family homes and foster family group homes as 07288'02 4 1 provided in this act. The function of a child placing agency may 2 also includethe supervision ofSUPERVISING children who are 16 3 or 17 years of age and who are living in unlicensed residences as 4 provided in section 5(4). 5 (d) "Children's camp" means a residential, day, troop, 6 SPORT, or travel camp conducted in a natural environment for more 7 than 4 school-age children, apart fromtheirTHE CHILDREN'S 8 parents, relatives, or legal guardians, for53 or more days in 9 a 14-day period. A children's camp provides care and supervision 10 for the same group of children for usually not more than 12 11 weeks. 12 (e) "Child care center" or "day care center" means a facili- 13 ty, other than a private residence, receiving 1 or more preschool 14 or school-age children for care for periods of less than 24 hours 15 a day, and where the parents or guardians are not immediately 16 available to the child. Child care center or day care center 17 includes a facility that provides care for not less than 2 con- 18 secutive weeks, regardless of the number of hours of care per 19 day. The facility is generally described as a child care center, 20 day care center, day nursery, nursery school, parent cooperative 21 preschool, play group, or drop-in center. Child care center or 22 day care center does not include any of the following: 23 (i) A Sunday school, a vacation bible school, or a religious 24 instructional class that is conducted by a religious organization 25 where children arein attendanceATTENDING for not more than 3 26 hours per day for an indefinite period,or FOR not more than 8 07288'02 5 1 hours per day for a period not to exceed 4 weeks during a 2 12-month period. 3 (ii) A facility operated by a religious organizationwhere4children are caredTHAT PROVIDES CHILD CARE for not more than 3 5 hours whilepersonsINDIVIDUALS responsible for the children 6 are attending religious services. 7 (f) "Private home" means a private residence in which the 8 licensee or registrant permanently resides as a member of the 9 household, which residency is not contingent upon caring for 10 children or employment by a licensed or approved child placing 11 agency. Private home includes a full-time foster family home, a 12 full-time foster family group home, a group day care home, or a 13 family day care home, as follows: 14 (i) "Foster family home" is a private home in which 1 but 15 not more than 4 minor children, who are not related to an adult 16 member of the household by blood or marriage, or who are not 17 placed in the householdpursuant toUNDER the MICHIGAN adoption 18 code, chapter X ofAct No. 288 of the Public Acts of 1939, being19sections 710.21 to 710.70 of the Michigan Compiled LawsTHE PRO- 20 BATE CODE OF 1939, 1939 PA 288, MCL 710.21 TO 710.70, are given 21 care and supervision for 24 hours a day, for 4 or more days a 22 week, for 2 or more consecutive weeks, unattended by a parent or 23 legal guardian. 24 (ii) "Foster family group home" means a private home in 25 which more than 4 but fewer than 7 minor children, who are not 26 related to an adult member of the household by blood or marriage, 27 or who are not placed in the householdpursuant toUNDER THE 07288'02 6 1 MICHIGAN ADOPTION CODE, chapter X ofAct No. 288 of the Public2Acts of 1939THE PROBATE CODE OF 1939, 1939 PA 288, MCL 710.21 3 TO 710.70, are provided care for 24 hours a day, for 4 or more 4 days a week, for 2 or more consecutive weeks, unattended by a 5 parent or legal guardian. 6 (iii) "Family day care home" means a private home in which 7 1 but fewer than 7 minor children are received for care and 8 supervision for periods of less than 24 hours a day, unattended 9 by a parent or legal guardian, except children related to an 10 adult member of the family by blood, marriage, or adoption. 11 Family day care home includes a homethat givesIN WHICH care 12 IS GIVEN to an unrelated minor child for more than 4 weeks during 13 a calendar year. 14 (iv) "Group day care home" means a private home in which 15 more than 6 but not more than 12 minor children are given care 16 and supervision for periods of less than 24 hours a day unat- 17 tended by a parent or legal guardian, except children related to 18 an adult member of the family by blood, marriage, or adoption. 19 Group day care home includes a homethat givesIN WHICH care IS 20 GIVEN to an unrelated minor child for more than 4 weeks during a 21 calendar year. 22 (g) "Licensee" means a person, partnership, firm, corpora- 23 tion, association, nongovernmental organization, or local or 24 state government child care organization that has been issued a 25 license UNDER THIS ACT to operate a child care organization. 07288'02 7 1 (h) "Provisional license" means a license issued UNDER THIS 2 ACT to a child care organization that is temporarily unable to 3 conform to all of the rules promulgated under this act. 4 (i) "Regular license" means a license issued UNDER THIS ACT 5 to a child care organization indicating that the organization is 6 in compliance with all rules promulgated under this act. 7 (j) "Guardian" means the guardian of theperson8 INDIVIDUAL. 9 (k) "Minor child" means any of the following: 10 (i)A personAN INDIVIDUAL less than 18 years of age. 11 (ii)A personAN INDIVIDUAL who is a resident in a child 12 caring institution, children's camp, foster family home, or 13 foster family group home; who becomes 18 years of age while 14 residing in the child caring institution, CHILDREN'S camp, FOSTER 15 FAMILY HOME, or FOSTER FAMILY GROUP home; and who continues 16 residing in the CHILD CARING institution, CHILDREN'S camp, FOSTER 17 FAMILY HOME, or FOSTER FAMILY GROUP home to receive care, mainte- 18 nance, training, and supervision. This subparagraph applies only 19 if the number of those residents who become 18 years of age does 20 not exceed the following: 21 (A) Two, if the total number of residents is 10 or fewer. 22 (B) Three, if the total number of residents is not less than 23 11 and not more than 14. 24 (C) Four, if the total number of residents is not less than 25 15 and not more than 20. 26 (D) Five, if the total number of residents is 21 or more. 07288'02 8 1 (iii)A personAN INDIVIDUAL 18 years of age or older who 2 is placed in a foster family home under section 5(7). 3 (l) "Registrant" means a person who has been issued a cer- 4 tificate of registration UNDER THIS ACT to operate a family day 5 care home. 6 (m) "Registration" means the process by which the department 7 ofsocialCONSUMER AND INDUSTRY services regulates family day 8 care homes, which process requiresAND INCLUDES THE 9 REQUIREMENT that a family day care home certify to the department 10 OF CONSUMER AND INDUSTRY SERVICES that the family day care home 11 has complied with and will continue to comply with the rules 12 promulgated under this act. 13 (n) "Certificate of registration" means a written document 14 issued UNDER THIS ACT to a family day care home through 15 registration. 16 (o) "Related" means a parent, grandparent, brother, sister, 17 stepparent, stepsister, stepbrother, uncle, aunt, cousin, great 18 aunt, great uncle, or stepgrandparent related by marriage, blood, 19 or adoption. 20 (p) "Religious organization" means church, ecclesiastical 21 corporation, or group, not organized for pecuniary profit, that 22 gathers for mutual support and edification in piety or worship of 23 a supreme deity. 07288'02 Final page. 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