Bill Summary – FastDemocracy

HOUSE BILL NO. 5810
     June 12, 2024, Introduced by Reps. Thompson, Schmaltz, Roth, Borton, BeGole, Kunse, Schuette,
        Beson, Beeler, Prestin, Tisdel, Steele, Posthumus, Kuhn and VanderWall and referred to the
        Committee on Tax Policy.
          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 section 1 (MCL 722.111), as amended by 2023 PA 173.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 1. (1) As used in this act:
       (a) "Child care staff member" means an individual who is 16
 years of age or older to whom 1 or more of the following apply:
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       (i) The individual is employed by a child care center, group
 child care home, or family child care home for compensation,
 including a contract employee or a self-employed individual.
       (ii) An individual whose activities involve the unsupervised
 care or supervision of children for a child care center, group
 child care home, or family child care home.
       (iii) An individual who has unsupervised access to children who
 are cared for or supervised by a child care center, group child
 care home, or family child care home.
       (iv) An individual who acts in the role of a licensee designee
 or program director.
       (b) "Child care organization" means a governmental or
 nongovernmental organization having as its principal function
 receiving minor children for care, maintenance, training, and
 supervision, notwithstanding that educational instruction may be
 given. Child care organization includes organizations commonly
 described as child caring institutions, child placing agencies,
 children's camps, children's campsites, children's therapeutic
 group homes, child care centers, day care centers, nursery schools,
 parent cooperative preschools, foster homes, group homes, or child
 care homes. Child care organization does not include a governmental
 or nongovernmental organization that does either of the following:
       (i) Provides care exclusively to minors who have been
 emancipated by court order under section 4(3) of 1968 PA 293, MCL
 722.4.
       (ii) Provides care exclusively to individuals who are 18 years
 of age or older and to minors who have been emancipated by court
 order under section 4(3) of 1968 PA 293, MCL 722.4, at the same
 location.
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       (c) "Child caring institution" means a child care facility
 that is organized for the purpose of receiving minor children for
 care, maintenance, and supervision, usually on a 24-hour basis, in
 buildings maintained by the child caring institution for that
 purpose, and operates throughout the year. An educational program
 may be provided, but the educational program must not be the
 primary purpose of the facility. Child caring institution includes
 a maternity home for the care of unmarried mothers who are minors
 and an agency group home, that is described as a small child caring
 institution, owned, leased, or rented by a licensed agency
 providing care for more than 4 but less than 13 minor children.
 Child caring institution also includes an institution for
 developmentally disabled or emotionally disturbed minor children.
 Child caring institution does not include a hospital, nursing home,
 or home for the aged licensed under article 17 of the public health
 code, 1978 PA 368, MCL 333.20101 to 333.22260, a boarding school
 licensed under section 1335 of the revised school code, 1976 PA
 451, MCL 380.1335, a hospital or facility operated by the state or
 licensed under the mental health code, 1974 PA 258, MCL 330.1001 to
 330.2106, or an adult foster care family home or an adult foster
 care small group home licensed under the adult foster care facility
 licensing act, 1979 PA 218, MCL 400.701 to 400.737, in which a
 child has been placed under section 5(6).
       (d) "Child caring institution staff member" means an
 individual who is 18 years of age or older to whom 1 or more of the
 following apply:
       (i) The individual is employed by a child caring institution
 for compensation, including an adult who does not work directly
 with children.
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        (ii) The individual is a contract employee or self-employed
 individual with a child caring institution.
        (iii) The individual is an intern or other individual who
 provides specific services under the rules promulgated under this
 act.
        (e) "Child placing agency" means a governmental organization
 or an agency organized under the nonprofit corporation act, 1982 PA
 162, MCL 450.2101 to 450.3192, for the purpose of receiving
 children for placement in private family homes for foster care or
 for adoption. The function of a child placing agency may include
 investigating applicants for adoption and investigating and
 certifying foster family homes and foster family group homes as
 provided in this act. The function of a child placing agency may
 also include supervising children who are at least 16 but less than
 21 years of age and who are living in unlicensed residences as
 provided in section 5(4).
        (f) "Children's camp" means a residential, day, troop, or
 travel camp that provides care and supervision and is conducted in
 a natural environment for more than 4 children, apart from the
 children's parents, relatives, or legal guardians, for 5 or more
 days in a 14-day period.
        (g) "Children's campsite" means the outdoor setting where a
 children's residential or day camp is located.
        (h) "Children's therapeutic group home" means a child caring
 institution receiving not more than 6 minor children who are
 diagnosed with a developmental disability as defined in section
 100a of the mental health code, 1974 PA 258, MCL 330.1100a, or a
 serious emotional disturbance as defined in section 100d of the
 mental health code, 1974 PA 258, MCL 330.1100d, and that meets all
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 of the following requirements:
       (i) Provides care, maintenance, and supervision, usually on a
 24-hour basis.
       (ii) Complies with the rules for child caring institutions,
 except that behavior management rooms, personal restraint,
 mechanical restraint, or seclusion, which is allowed in certain
 circumstances under licensing rules, are prohibited in a children's
 therapeutic group home.
       (iii) Is not a private home.
       (iv) Is not located on a campus with other licensed facilities.
       (i) "Child care center" means a facility, other than a private
 residence, receiving 1 or more children under 13 years of age for
 care for periods of less than 24 hours a day, where the parents or
 guardians are not immediately available to the child. Child care
 center includes a facility that provides care for not less than 2
 consecutive weeks, regardless of the number of hours of care per
 day. The facility is generally described as a child care center,
 day care center, day nursery, nursery school, parent cooperative
 preschool, play group, before- or after-school program, or drop-in
 center. Child care center does not include any of the following:
       (i) A Sunday school, a vacation bible school, or a religious
 instructional class that is conducted by a religious organization
 where children are attending for not more than 3 hours per day for
 an indefinite period or for not more than 8 hours per day for a
 period not to exceed 4 weeks during a 12-month period.
       (ii) A facility operated by a religious organization where
 children are in the religious organization's care for not more than
 3 hours while persons responsible for the children are attending
 religious services.
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         (iii) A program that is primarily supervised, school-age-child-
 focused training in a specific subject, including, but not limited
 to, dancing, drama, music, or religion. This exclusion applies only
 to the time a child is involved in supervised, school-age-child-
 focused training.
         (iv) A program that is primarily an incident of group athletic
 or social activities for school-age children sponsored by or under
 the supervision of an organized club or hobby group, including, but
 not limited to, youth clubs, scouting, and school-age recreational
 or supplementary education programs. This exclusion applies only to
 the time the school-age child is engaged in the group athletic or
 social activities and if the school-age child can come and go at
 will.
         (v) A program that primarily provides therapeutic services to
 a child.
         (j) "Conviction" means a final conviction, the payment of a
 fine, a plea of guilty or nolo contendere if accepted by the court,
 a finding of guilt for a criminal law violation or a juvenile
 adjudication or disposition by the juvenile division of probate
 court or family division of circuit court for a violation that if
 committed by an adult would be a crime, or a conviction in a tribal
 court or a military court.
         (k) "Criminal history check" means a fingerprint-based
 criminal history record information background check through the
 department of state police and the Federal Bureau of Investigation.
         (l) "Criminal history record information" means that term as
 defined in section 1a of 1925 PA 289, MCL 28.241a.
         (m) "Department" means the department of health and human
 services and the department of licensing and regulatory affairs or
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 a successor agency or department responsible for licensure under
 this act. The department of licensing and regulatory affairs is
 responsible for licensing and regulatory matters for child care
 centers, group child care homes, family child care homes,
 children's camps, and children's campsites. The department of
 health and human services is responsible for licensing and
 regulatory matters for child caring institutions, child placing
 agencies, children's therapeutic group homes, foster family homes,
 and foster family group homes.
       (n) "Drinking fountain" means a plumbing fixture that is
 connected to the potable water distribution system and drainage
 system that allows the user to obtain a drink directly from a
 stream of flowing water without the use of any accessory.
       (o) "Eligible" means that the individual obtained the checks
 and clearances described in sections 5n and 5q and is considered
 appropriate to obtain a license, to be a member of the household of
 a group child care home or family child care home, or to be a child
 care staff member.
       (p) "Faucet" means a valve end of a water pipe by which water
 is drawn from or held within the pipe.
       (q) "Filtered bottle-filling station" or "station" means an
 apparatus that meets all of the following requirements:
       (i) Is connected to customer site piping.
       (ii) Filters water and is certified to meet NSF/ANSI standard
 53 for lead reduction and NSF/ANSI standard 42 for particulate
 removal.
       (iii) The flow rate through the station is paired to the
 specified flow rate of the filter cartridge.
       (iv) Has a light or other device to indicate filter cartridge
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 replacement status.
       (v) Is designed to fill drinking bottles or other containers
 for personal water consumption.
       (vi) Includes a drinking fountain.
       (r) "Filtered faucet" means a faucet that at the point of use
 includes a filter that is certified to meet NSF/ANSI standard 53
 for lead reduction and NSF/ANSI standard 42 for particulate
 removal.
       (s) "Filtered pitcher" means a container used for holding and
 pouring liquids that at the point of use includes a filter that is
 certified to meet NSF/ANSI standard 53 for lead reduction and
 NSF/ANSI standard 42 for particulate removal.
       (t) "Ineligible" means that the individual obtained the checks
 and clearances as described in sections 5n and 5q and is not
 considered appropriate to obtain a license, to be a member of the
 household of a group child care home or family child care home, or
 to be a child care staff member due to violation of section 5n, 5q,
 or 5r.
       (u) "Increased capacity" means 1 2 additional child children
 added to the total number of minor children received for care and
 supervision in a family child care home or 2 3 additional children
 added to the total number of minor children received for care and
 supervision in a group child care home.
       (v) "Private home" means a private residence in which the
 licensee permanently resides, which residency is not contingent
 upon caring for children or employment by a child placing agency.
 Private home includes a full-time foster family home, a full-time
 foster family group home, a group child care home, or a family
 child care home, as follows:
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       (i) "Foster family home" means the private home of an
 individual who is licensed to provide 24-hour care for 1 but not
 more than 4 minor children who are placed away from their parent,
 legal guardian, or legal custodian in foster care. The licensed
 individual providing care is required to comply with the reasonable
 and prudent parenting standard as defined in section 1 of chapter
 XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1.
       (ii) "Foster family group home" means the private home of an
 individual who has been licensed by the department to provide 24-
 hour care for more than 4 but fewer than 7 minor children who are
 placed away from their parent, legal guardian, or legal custodian
 in foster care. The licensed individual providing care is required
 to comply with the reasonable and prudent parenting standard as
 defined in section 1 of chapter XIIA of the probate code of 1939,
 1939 PA 288, MCL 712A.1.
       (iii) "Family child care home" means a private home in which 1
 but fewer than 7 minor children are received for care and
 supervision for compensation for periods of less than 24 hours a
 day, unattended by a parent or legal guardian, except children
 related to an adult member of the household. Family child care home
 includes a home in which care is given to an unrelated minor child
 for more than 4 weeks during a calendar year. A family child care
 home does not include an individual providing babysitting services
 for another individual. As used in this subparagraph, "providing
 babysitting services" means caring for a child on behalf of the
 child's parent or guardian if the annual compensation for providing
 those services does not equal or exceed $600.00 or an amount that
 would according to the internal revenue code of 1986 obligate the
 child's parent or guardian to provide a form 1099-MISC to the
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 individual for compensation paid during the calendar year for those
 services. Family child care home includes a private home with
 increased capacity.
       (iv) "Group child care home" means a private home in which more
 than 6 but not more than 12 minor children are given care and
 supervision for periods of less than 24 hours a day unattended by a
 parent or legal guardian, except children related to an adult
 member of the household. Group child care home includes a home in
 which care is given to an unrelated minor child for more than 4
 weeks during a calendar year. Group child care home includes a
 private home with increased capacity.
       (w) "Legal custodian" means an individual who is at least 18
 years of age in whose care a minor child remains or is placed after
 a court makes a finding under section 13a(5) of chapter XIIA of the
 probate code of 1939, 1939 PA 288, MCL 712A.13a.
       (x) "Legal entity" means a sole proprietorship, partnership,
 corporation, limited liability company, or any other entity.
       (y) "Licensee" means a person, legal entity organized under a
 law of this state, state or local government, or trust that has
 been issued a license under this act to operate a child care
 organization.
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