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.
The bill proposes changes, emphasizing the development and implementation of rules by the departments of health and human services and licensing and regulatory affairs. It introduces the formation of ad hoc committees for each child care organization type, including representatives from relevant departments, affected organizations, and parents, to recommend rule content and revisions. These rules will address operational standards, staff qualifications, health and safety standards, and premises adequacy, with specific exemptions for educational institution-operated child care centers regarding fire safety standards. The bill also outlines procedures for inspections, reporting, and compliance, including a 90-day grace period for organizations to meet new rule requirements, and mandates regular rule reviews and public hearings. Additionally, it includes provisions for rigorous background checks for individuals applying to operate or work in child care settings, including checks against the national sex offender registry, state criminal registries, and, for those who have lived outside the United States in the past five years, equivalent international clearances or self-certification of eligibility. The bill further details the process for conducting these background checks, including the potential for individuals to bear the cost, the timeline for eligibility determination, and the process for redetermination in cases of ineligibility due to inaccurate information, with specific provisions for expunged or set aside convictions. It also specifies that individuals continuously licensed or employed in child care do not need to undergo new criminal history checks for license renewal if they have been continuously licensed or employed since their last check, provided they meet certain conditions, and mandates that checks and clearances be updated at least every 5 years. The bill mandates child care organizations to provide access for health or fire protection inspections, maintain confidential records of children in their care, and share information with authorized entities for child welfare administration, with strict controls on information disclosure. Furthermore, it addresses the operation of child care centers in disaster situations, allowing temporary relocation under specific conditions, including departmental inspections and approvals, and outlines the process for obtaining a new license for the new location within a year, with provisions for disaster determination by the department.
Co-sponsored by Sens.
Referred to the Committee on Housing and Human Services
