RATIONALE

According to testimony before the Senate Committee on Housing and Human Services, Michigan's child care industry is struggling, and some believe that the State is not doing enough to address the needs of working parents and childcare providers. Reportedly, 14% of family members have left the workforce to take care of their children due to the cost of child care. Schools with child care centers often must navigate burdensome and duplicate requirements for fire safety and background check standards, which reportedly contribute to the industry's struggles. Accordingly, it has been suggested to reduce the fire safety certification burden by allowing the superintendent to attest, which would improve schools' and child care centers' cooperation and lower compliance costs specific to child care centers.

CONTENT

The bill would amend the childcare licensing Act to allow a superintendent of an intermediate school district (ISD) or local school district to certify that a child care center in a school building of that district met fire safety requirements under the Act. Additionally, the bill would exempt from the Freedom of Information Act (FOIA) a recording provided to the Department of Lifelong Education, Advancement, and Potential (MiLEAP) by a licensee during an examination or investigation.

Fire Safety Rules

Among other things, the Act's rules are restricted to the operation and conduct of child care organizations, the qualifications of health caregivers, the adequacy and safety of premises, children's developmental rights, record-keeping, reporting, discipline, and transportation safety.

Specifically, the rules must cover the appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire prevention and health standards to provide for the physical comfort, care, and well-being of the children received.

The rules with respect to fire prevention and fire safety do not apply to a child care center established and operated by an intermediate school board, the board of a local school district, or by the board or governing body of a State-approved nonpublic school, if the child care center is located in a school building that is approved by the Bureau of Fire Services or provided for by a municipal code or ordinance administered and enforced by a full-time fire prevention and safety department. The bill would add that the rules with respect to fire prevention and fire safety also would not apply if the superintendent of the ISD or local school district certified that the school building had approval from the Bureau of Fire Services or similar authority.

The Act's rules must be used in the inspection and reporting of childcare organizations. If an inspection is not conducted by MiLEAP staff, the Bureau of Fire Series, or local authorities at the request of MiLEAP, the owner or operator may enter a contract with a local authority or other person qualified by MiLEAP to conduct the inspection. The bill would allow an owner or operator of a childcare organization that was a childcare center in a school building to provide MiLEAP with a certification from the superintendent of the ISD or local school district that the health and fire safety requirements were sufficient in the school building.

The Act allows MiLEAP to investigate and examine conditions of organizations and requires a licensee to allow MiLEAP, the Bureau of Fire Services, or a local authority to access the organization to carry out the Act's provisions and rules promulgated under the Act related to health or fire protection of children. The bill specifies that this provision would not apply to a child care center for which a superintendent provided a certification that the health and fire protection safety requirements were sufficient.

In the case of a disaster, a child care center, group child care home, or family child care home may temporarily operate at an unlicensed location if that location meets certain requirements. For a childcare center, a fire safety inspection, an environmental health inspection, and if necessary a lead hazard risk assessment must be conducted within 45 days of the proposal of the new location. For a group child care home or family child care home, a fire safety inspection and an environmental health inspection, if necessary, must be conducted within 45 days of the proposal of the new location. Under the bill, a fire safety inspection and environmental inspection would not be required for a child care center located in a school building if the superintendent of the ISD or local school district certified the location was safe.

Criminal Background Check

The Act allows the Department of State Police (MSP) to charge a fee for a criminal history check on childcare staff members that does not exceed the actual and reasonable cost of conducting the check. Also, MiLEAP may pass along the actual cost or fee charged by the MSP, the Federal Bureau of Investigation, or a vendor approved by the MSP for performing the check. The bill specifies that MiLEAP could pass along the costs if MiLEAP did not receive a sufficient appropriation in a fiscal year to cover the cost of conducting the check for that fiscal year.

FOIA

The bill would specify that an audio or video recording provided to MiLEAP in the course of an examination or investigation of a child care organization would be exempt from disclosure under FOIA.

MCL 722.112 et al.

PREVIOUS LEGISLATION

(This section does not provide a comprehensive account of previous legislative efforts on this subject matter.)

The bill is a reintroduction of Senate Bill 839 of the 2023-2024 Legislative Session. Senate Bill 839 passed the Senate and was referred to the House Committee on Government Operations but received no further action.

ARGUMENTS

(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)