2024 House Bill 5638

Fire: other; requirements for certain child care organizations and procedures for certain investigations; modify and make other revisions to 1973 PA 116.

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 2, 3, 5n, 10, and 11c (MCL 722.112, 722.113, 722.115n, 722.120, and 722.121c), section 2 as amended by 2022 PA 111, section 3 as amended and section 11c as added by 2017 PA 257, section 5n as added by 2017 PA 256, and section 10 as amended by 2023 PA 304.

AI Analysis – Experimental

The legislative text aims to amend the 1973 PA 116, which governs the licensing and regulation of child care organizations in Michigan. The primary provisions include the establishment of rules for the care and protection of children by the departments of health and human services and licensing and regulatory affairs. These rules cover various aspects such as the operation and conduct of child care organizations, the qualifications of staff, the safety and adequacy of premises, and the maintenance of records. The bill mandates the formation of ad hoc committees, comprising representatives from relevant departments, affected organizations, and parents, to assist in formulating and reviewing these rules. These committees must review the rules biennially and conduct major reviews every five years.

The bill introduces several modifications to existing laws. It amends sections 2, 3, 5n, 10, and 11c of the 1973 PA 116, with notable changes including the requirement for child care centers in school buildings to obtain certification from the superintendent of the intermediate or local school district to meet health and fire safety standards. It also allows for the temporary operation of child care centers at unlicensed locations in case of a disaster, provided certain inspections are conducted within 45 days, unless certified safe by the school superintendent. Additionally, the bill stipulates that audio or video recordings provided to the department by a licensee are exempt from disclosure under the Freedom of Information Act.

The legislation outlines specific timelines and deadlines, such as the requirement for child care centers to comply with new rules within 90 days of promulgation unless there is an immediate federal obligation or health and safety risk. It also sets a 45-day deadline for the department to provide eligibility determinations for individuals undergoing criminal history checks and a one-year period for licensees to obtain a new license if they move to a new location due to a disaster.

Introduced in the House

April 18, 2024

Introduced by Rep. Alabas Farhat (D-3) and five co-sponsors

Co-sponsored by Reps. Jaime Churches (D-27), Jimmie Wilson (D-32), John Fitzgerald (D-83), Denise Mentzer (D-61) and Mike McFall (D-8)

Referred to the Committee on Tax Policy