Michigan Compiled Laws Act 116 Of 1973 Child Care Organizations (722.111 - 722.128)

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.

History: 1973, Act 116, Eff. Mar. 29, 1974 ;-- Am. 1994, Act 209, Eff. Jan. 1, 1995 ;-- Am. 1997, Act 165, Eff. Mar. 31, 1998
Popular Name: Act 116
Popular Name: Child Care Licensing Act

Section 722.111 Definitions; Exemption From Inspections And On-site Visits.
(1) As used in this act: (a) "Child care organization" means a governmental or nongovernmental organization having as its principal function receiving minor children...
Section 722.111a Concurrent Licensing As Adult Foster Care Family Home; Additional Children; Combined Licensed Capacity; Definitions.
(1) A private residence licensed as a foster family home or foster family group home may be concurrently licensed as an adult foster care...
Section 722.112 Rules; Ad Hoc Committee; Review.
(1) The department of human services, referred to in this act as the "department", is responsible for the development of rules for the care...
Section 722.112a Child Caring Institution, Child Care Center, Or Group Child Care Home; Person Certified In First Aid And Cpr; Applicability Of Mcl 722.125.
(1) A child caring institution, child care center, or group child care home shall have on duty at all times while the institution, center,...
Section 722.112b Definitions; Scope.
(1) As used in this section and sections 2c, 2d, and 2e, unless the context requires otherwise: (a) "Adaptive device" means a mechanical device...
Section 722.112c Personal Restraint And Seclusion; Use In Child Caring Institution Contracting With Community Mental Health Services Program Or Prepaid Inpatient Health Plan; Education, Training, And Knowledge.
(1) If a child caring institution contracts with and receives payment from a community mental health services program or prepaid inpatient health plan for...
Section 722.112d Personal Restraint Or Seclusion; Use; Limitations; Requirements.
(1) Personal restraint or seclusion shall not be imposed as a means of coercion, discipline, convenience, or retaliation by a child caring institution's staff....
Section 722.112e Personal Restraint Or Seclusion; Release; Documentation; Record; Notification; Debriefing; Report Of Serious Occurrence; Annual Report.
(1) A minor child shall be released from personal restraint or seclusion whenever the circumstance that justified the use of personal restraint or seclusion...
Section 722.113 Inspection Of Child Care Organizations; Contract; Provisional License; Investigation And Certification Of Foster Family Home Or Group Home; Inspection Reports; Final Determination As To License; Report Of Findings; License Limitations.
(1) The rules promulgated by the department under this act shall be used by the department of community health, the bureau of fire services,...
Section 722.113a Visiting Child At Child Care Center Or Day Care Center; Effect Of Court Order.
(1) A parent or legal guardian of a child at a child care center or day care center may visit the child at the...
Section 722.113b Smoking Prohibited; "Smoke" Defined.
(1) An individual shall not smoke in a child caring institution or child care center or on real property that is under the control...
Section 722.113c Smoking On Premises Of Family Child Care Home During Hours Of Operation Prohibited; Notice To Parents Of Smoking During Other Hours; Definitions.
(1) An individual shall not smoke on the premises of a family child care home during the hours of operation of the family child...
Section 722.113d Smoking On Premises Of Group Child Care Home During Hours Of Operation Prohibited; Posting Notice; Notice To Parents Of Smoking During Other Hours.
(1) An individual shall not smoke on the premises of a group child care home during the hours of operation of the group child...
Section 722.113e Criminal History Check Required; Posting Notice; Rules.
The operator of a child care center or child caring institution shall conspicuously post on the premises a notice stating whether or not that...
Section 722.113f Child Care Organization Receiving Notice Of Special Investigation Classified As High Risk; Notification To Parent Or Legal Guardian; Requirements; Noncompliance; Determination Of Substantial Rule Violations; Availability Of Information To Public; Exceptions; "Special Investigation" Defined.
(1) Except as provided in subsection (6), within 24 hours after a child care organization receives notice that a special investigation that the department...
Section 722.113g Licensing Notebook.
(1) The operator of a child care center, group child care home, or family child care home shall maintain a licensing notebook on its...
Section 722.114 Consultation And Assistance To Organizations.
The department shall provide consultation to organizations covered by this act to assist them in meeting the requirements of this act and the rules...
Section 722.115 License Or Certificate Of Registration Required; Application; Forms; Investigations; On-site Visit; Issuance Or Renewal Of License; Issuance Of Certificate Of Registration; Certifying Compliance, Services, And Facilities; Conditions; Orientation Session; Limitations On Certificate; Investigation And Certification Of Foster Family Home Or Group Home; Placement Of Children In Foster Family Home, Family Group Home, Unlicensed Residence, Adult Foster Care Family Home, Or Adult Foster Care Small Group Home; Certification; Supervisory Responsibility; Records; Exceptions; Receipt Of Completed Application; Issuance Of License Within Certain Period Of Time; Inspections; Report; Criminal History Check Or Criminal Records Check; Definitions.
(1) A person, partnership, firm, corporation, association, or nongovernmental organization shall not establish or maintain a child care organization unless licensed or registered by...
Section 722.115a Providing Records To Children's Ombudsman.
A child placing agency shall provide the children's ombudsman created in section 3 of the children's ombudsman act with those records requested by the...
Section 722.115b Contract With License Applicant; Review Of Application; Issuance Or Denial Of License; County Juvenile Agency As Party To Proceeding.
(1) If a county juvenile agency as defined in section 2 of the county juvenile agency act certifies that it intends to contract with...
Section 722.115c Applicant For Child Care Organization License; Criminal History Check And Criminal Records Check; Requirements; Fee; Definitions.
(1) Except as provided in subsection (8), when a person or partnership, or licensee designee if the applicant is a limited liability corporation, firm,...
Section 722.115d Offer Of Employment To Person At Child Care Organization; Criminal History Check; Current Employees; Cost.
(1) Before a child care organization makes an offer of employment to a person or allows a person to regularly and continuously work under...
Section 722.115e Arraignment Of Licensee Or Employee; Report; Crimes; Licensee Or Employee Not Convicted Of Crime; Deletion Of Information From Records; Notice Requirements.
(1) A child care center or day care center licensee shall report to the department and an employee of a child care center or...
Section 722.115f Operation Of Family Or Group Child Care Home; Conduct Of Criminal History Check And Criminal Records Check By Department Of State Police; Fee; Arraignment Of Registrant Or Licensee For Certain Crimes; Report Required; Violation; Penalty; Deletion Of Arraignment Information From Records; Notice; Criminal History Check And Criminal Records Check On Current Licensees And Registrants; Exception.
(1) Except as provided in subsection (13), when a person applies for or to renew a certificate of registration to operate a family child...
Section 722.115g Performance Of Criminal History Check.
(1) When a person applies for a certificate of registration to operate a family child care home or a license to operate a group...
Section 722.115h Application For Or To Renew License To Operate Foster Family Home Or Foster Family Group Home; Criminal History Check Required; Procedures.
(1) Except as provided in subsection (7), when a person applies for or to renew a license to operate a foster family home or...
Section 722.115i Licensee Or Resident Arraigned For Certain Crimes; Report; Violation; Penalty; Person Not Convicted; Notice.
(1) A person to whom a license to operate a foster family home or foster family group home has been issued under this act...
Section 722.115j Criminal History Check Performed By Department.
(1) When a person applies for or to renew a license to operate a foster family home or foster family group home under this...
Section 722.115k Storage And Maintenance Of Fingerprints; Automated Fingerprint Identification System Database.
The department of state police shall store and maintain all fingerprints submitted under this act in an automated fingerprint identification system database that provides...
Section 722.115l Intentional False Report As Crime; Penalties.
A person who intentionally makes a false report to the department regarding a child care organization that causes the department to initiate a special...
Section 722.116 Evaluation Of Local And State Government Child Care Organizations; Report; State Funds.
Local and state government child care organizations similar to those nongovernmental organizations required to be licensed pursuant to this act shall be evaluated and...
Section 722.117 Provisional License.
A provisional license shall be issued to a new organization during the first 6 months of operation. At the end of the 6 months...
Section 722.118 Regular License; Duration; Reinstatement; Contents.
A regular license shall be effective for 2 years after the date of issuance unless revoked pursuant to section 11 or modified to a...
Section 722.118a Assessment Of Foster Family Home Or Group Home; Certification; On-site Evaluation.
(1) The department shall periodically assess a child care organization's continued compliance with this act and the rules promulgated under this act. The department...
Section 722.118b Regulation Of Foster Family Homes Or Foster Family Group Homes; Variance.
(1) Upon the recommendation of a local foster care review board under section 7a of 1984 PA 422, MCL 722.137, or of a child...
Section 722.119 Child Care Organization; Presence Of Certain Individuals Prohibited; Conditions; Contact By Certain Individuals Prohibited; Conditions; Documentation That Individual Not Named In Central Registry; Policy Regarding Supervision Of Volunteers; Children's Camps Or Campsites.
(1) A licensee or registrant, adult household member, licensee designee, chief administrator, or program director of a child care organization shall not be present...
Section 722.119a Certificate Of Registration; Duration; Renewal; Contents; Assessing Compliance; On-site Visits.
(1) A certificate of registration shall be in force for 3 years unless revoked under section 11. Until September 30, 2007, a renewal certificate...
Section 722.120 Investigation And Examination Of Conditions, Books, Records, And Reports; Visits Regarding Health Or Fire Protection; Records; Report; Forms; Confidentiality; Disclosure Of Information; Availability Of Confidential Records.
(1) The department may investigate and examine conditions of a child care organization in which a licensee receives, maintains, or places out children, and...
Section 722.120a Contribution.
(1) A child placing agency shall not solicit or accept a contribution from a prospective adoptive parent unless the contribution is equivalent in value...
Section 722.121 Denial, Revocation, Or Refusal To Renew License Or Certificate Of Registration; Modifying Provisional Status Of License; Grounds; Notice; Appeal; Hearing; Decision; Protest; Denial Of License For Noncompliance; Complaint By Legislative Body Of City, Village, Or Township; Procedure; Previous Revocation Of License Or Certificate Of Registration.
(1) An original license shall not be granted under this act if the issuance of the license would substantially contribute to an excessive concentration...
Section 722.121a Notice Of Location Of New And Existing Licensed Child Caring Institutions Or Foster Family Group Homes.
The director of the department shall notify the clerk of the city, village, or township and the legislature of the location of new and...
Section 722.121b Database On Child Care Options.
(1) The department shall establish and maintain a database of child care centers, family child care homes, and group child care homes as a...
Section 722.122 Appeal.
A person aggrieved by the decision of the director following a hearing under section 11 may, within 30 days after receipt of the decision,...
Section 722.123 Injunction.
When there is a violation of this act or a rule promulgated thereunder, and the unlawful activity or condition of the child care organization...
Section 722.124 Persons Authorized To Place Child.
Only a parent, guardian of the person of a child, a person related to a child by blood, marriage, or adoption, a licensed child...
Section 722.124a Consent To Medical And Surgical Treatment Of Minor Child; "Routine, Nonsurgical Medical Care" Defined.
(1) A probate court, a child placing agency, or the department may consent to routine, nonsurgical medical care, or emergency medical and surgical treatment...
Section 722.124b Definitions Used In Mcl 722.124b, 722.124c, And 722.124d.
As used in this section and sections 14c and 14d: (a) “Adoption attorney” means that term as defined in section 22 of the adoption...
Section 722.124c Filing Of Public Information Form By Primary Adoption Facilitator; Contents; Authentication; Applicability Of Section To Certain Adoptions.
(1) Not later than 10 days after the entry of an order of adoption pursuant to section 56 of the adoption code, being section...
Section 722.124d Public Information Form; Reporting Nonconfidential Information; Detachable Section; Distribution Of Blank Forms; Acceptance And Maintenance Of Completed Forms; Individual Requests For Information About Adoption Facilitators; Sending Nonconfidential Portion In Response To Individual's Request; Fee.
(1) The department shall develop a public information form for the reporting of the following nonconfidential information: (a) The name and address of the...
Section 722.124e Legislative Findings And Declaration; Requirement To Provide Services That Conflict With Child Placing Agency's Religious Beliefs Prohibited; Adverse Action Against Child Placing Agency Prohibited; Information To Be Provided To Applicant; Defense In Administrative Or Judicial Proceeding; Ability Of Another Child Placing Agency To Provide Services Not Limited; Definitions.
(1) The legislature finds and declares all of the following: (a) When it is necessary for a child in this state to be placed...
Section 722.124f Decision To Accept Or Not Referral; Defense In Administrative Or Judicial Proceeding; "Adverse Action" Defined.
(1) If the department makes a referral to a child placing agency for foster care case management or adoption services under a contract with...
Section 722.125 Violation As Misdemeanor; Penalty; Conviction As Ground For Revocation Of License Or Certificate Of Registration; Effect Of Revocation, Denial, Or Refusal To Renew.
(1) A person, child care organization, agency, or representative or officer of a firm, corporation, association, or organization who violates this act is guilty...
Section 722.126 Education Of Public.
The department shall provide continuous education of the public in regard to the requirements of this act through the ongoing use of mass media...
Section 722.127 Objection On Religious Grounds To Medical Examination, Immunization, Or Treatment Of Child.
Nothing in the rules adopted pursuant to this act shall authorize or require medical examination, immunization, or treatment for any child whose parent objects...
Section 722.127a Use Of Inhaler Or Epinephrine Auto-injector By Child At Children's Camp.
(1) If the conditions prescribed in subsection (2) are met, notwithstanding any children's camp policy to the contrary, a minor child may possess and...
Section 722.128 Repeal.
Act No. 47 of the Public Acts of 1944, being sections 722.101 to 722.108 of the Compiled Laws of 1970, is repealed. History: 1973,...

Last modified: October 10, 2016