October 20, 2016, Introduced by Senators HOPGOOD, HILDENBRAND and SCHUITMAKER and referred to the Committee on Families, Seniors and Human 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
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 7, 8, and 11b (MCL 722.117, 722.118, and
722.121b), section 8 as amended by 1980 PA 232 and section 11b as
amended by 2010 PA 86, and by adding sections 4a, 7a, and 8c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4a. An applicant, licensee, or licensee designee must
present a valid driver license issued under the Michigan vehicle
code, 1949 PA 300, MCL 257.1 to 257.923, or an official state
personal identification card issued under 1972 PA 222, MCL 28.291
to 28.300, in order to obtain or renew a license for a child care
center, group child care home, or family child care home under this
act.
Sec. 7. A provisional An original license shall be issued to a
new child care organization during the first 6 months of operation.
An original license expires 6 months after the date of issuance.
The renewal of an original license is contingent upon the
submission of a new application and approval by the department. At
the end of the first 6 months of operation, the department shall
either
issue renew as a regular license or renew or refuse to renew
the
provisional original license as provided in section 11 or
modify
to a provisional license as provided under section 7a(3). A
provisional
license may be issued to a child care organization
which
is temporarily unable to conform to the rules. A provisional
license
shall expire 6 months from the date of issuance and may be
issued
not more than 4 times. The issuance of a provisional license
shall
be contingent upon the submission to the department of an
acceptable
plan to overcome the deficiency present in the child
care
organization within the time limitations of the provisional
licensing
period.
Sec. 7a. (1) A provisional license may be issued to a child
care organization that is temporarily unable to conform to the
rules. The issuance of a provisional license shall be contingent
upon the submission to the department of an acceptable plan to
overcome the deficiency present in the child care organization
within the time limitations of the provisional licensing period.
(2) A provisional license expires 6 months after the date of
issuance and may be issued not more than 3 times. The renewal of a
provisional license shall be contingent upon the submission of a
new application and approval by the appropriate department. At the
end of the 6 months, the department shall either issue a regular
license, refuse to renew the license as provided in section 11, or
modify to a provisional license as provided in this section.
(3) The department may modify the license of a child care
organization when the licensee willfully and substantially violates
this act, the rules promulgated under this act, or the terms of the
license. A license cannot be modified unless the licensee is given
written notice of the grounds of the proposed modification. If the
proposed modification is not appealed, the license will be
modified. The proposed modification must be appealed within 30 days
after receipt by writing the director or director's designee. Upon
receipt of the appeal, the director or director's designee must
initiate the provisions of chapters 4 and 5 of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.292. Notice
of a hearing must be given to the licensee by personal service or
delivery to the proper address by certified mail not less than 2
weeks before the date of the hearing. The decision of the director
must be made as soon as practicable after the hearing and forwarded
to the licensee by certified mail not more than 10 days after that.
The formal notice and hearing requirement in this subsection does
not apply if the licensee and the department comply with subsection
(4).
(4) The department may immediately modify a license without
providing written notice of the grounds of the proposed action or
giving the licensee 30 days to appeal if the licensee, in writing,
does the following:
(a) Waives the requirement that the department provide written
notice of the grounds for the proposed action.
(b) Waives the 30-day time frame in which to submit a written
appeal to the proposed action.
(c) Waives the right to implement the provisions of chapters 4
and 5 of the administrative procedures act of 1969, 1969 PA 306,
MCL 24.271 to 24.292.
(5) As used in this section:
(a) "Substantially violates" means repeated violations or
noncompliance of this act, a rule promulgated under this act, or
the terms of a license that jeopardizes the health, safety, care,
treatment, maintenance, or supervision of individuals receiving
services or, in the case of an applicant, individuals who may
receive services.
(b) "Willfully violates" means, after receiving a copy of the
act, the rules promulgated under the act and, for a license, a copy
of the terms of a license, or a previous citation for a violation
of this act or a rule promulgated under this act, a licensee or an
applicant knew or had reason to know that his or her conduct was a
violation of the act, rules promulgated under the act, or the terms
of a license.
Sec.
8. (1) A regular license shall be is effective
for 2
years
after the date of issuance unless revoked pursuant to or
refused renewal as provided in section 11 or modified to a
provisional
status based on evidence of noncompliance with this act
or
the rules promulgated under this act. as provided in section 7a.
The
license shall be reinstated renewed
biennially on application
and approval. A license shall specify in general terms the kind of
child
care program organization the licensee may undertake, and the
number, and ages of children that can be received and maintained.
(2) The department may accept a licensee's written request to
close a license if the department does not have an active
investigation against the licensee or is not pursuing revocation or
refusal to renew as provided in section 11.
(3) A certification of registration issued by the department
before the effective date of the amendatory act that added this
subsection shall be reissued as a license. The reissuance shall be
completed in the manner determined by the department within 1 year
after the amendatory act that added this subsection.
Sec. 8c. A license shall be issued to a specific person or
organization at a specific location, shall be nontransferable, and
shall remain the property of the department.
Sec. 11b. (1) The department 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 or registration number, effective date, and
expiration date, and date of the last inspection of the child care
center, family child care home, or group child care home.
(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.
(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.
(f)
Information that, upon completion of a special
investigation
as described in subdivision (e), 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 shall make the following database
information available to the public on the internet for persons
seeking information on child care options, without charge, through
that department's website:
(a) The items listed in subsection (1)(a) to (c).
(b) The results of any monitoring inspections conducted in the
past 3 years and information on corrective actions taken, if
applicable.
(c) The results of any substantiated complaint investigations
conducted in the past 5 years and information on corrective actions
taken.
(3) The department 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.as provided under
subsection (2).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 1131.
(b) Senate Bill No. 1129.