CHILD CARE ORGANIZATIONS Act 116 of 1973 AN ACT to provide

CHILD CARE ORGANIZATIONS

Act 116 of 1973

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.

Compiler's note: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care

home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory

affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

The People of the State of Michigan enact:

722.111 Definitions; increased capacity requirements; rescission of increased capacity;

appeal.

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:

(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.

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).

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(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.

(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 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 of the following requirements:

(i) Provides care, maintenance, and supervision, usually on a 24-hour basis.

(ii) Has a capacity of not more than 6 children.

(iii) Complies with the rules for child caring institutions. Emergency safety intervention in the form of

physical management is allowed but must comply with the mental health code, 1974 PA 258, MCL 330.1001

to 330.2106, and associated administrative rules.

(iv) Is not a private home.

(v) 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 individuals responsible for the children are attending religious services.

(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

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regulatory affairs or 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 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 additional child added to the total number of minor children received for

care and supervision in a family child care home or 2 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:

(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 individual for compensation paid during the calendar

year for those services. Family child care home includes a private home with increased capacity.

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(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.

(z) "Listed offense" means that term as defined in section 2 of the sex offenders registration act, 1994 PA

295, MCL 28.722.

(aa) "Member of the household" means any individual who resides in a family child care home, group

child care home, foster family home, or foster family group home on an ongoing basis, or who has a recurrent

presence in the home, including, but not limited to, overnight stays. For foster family homes and foster family

group homes, a member of the household does not include a foster child. For group child care homes and

family child care homes, a member of the household does not include a child to whom child care is being

provided.

(bb) "Original license" means a license issued to a child care organization during the first 6 months of

operation indicating that the organization is in compliance with all rules promulgated by the department under

this act.

(cc) "Provisional license" means a license issued to a child care organization that is temporarily unable to

conform to the rules promulgated under this act.

(dd) "Psychiatric residential treatment facility" or "PRTF" means a facility other than a hospital that

provides psychiatric services, as described in 42 CFR 441.150 to 441.184, in an inpatient setting to

individuals under the age of 21. Emergency safety intervention in the form of physical management is

allowed but must comply with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, and

associated administrative rules.

(ee) "Qualified residential treatment program" or "QRTP" means a program within a child caring

institution to which all of the following apply:

(i) The program has a trauma-informed treatment model, evidenced by the inclusion of trauma awareness,

knowledge, and skills into the program's culture, practices, and policies.

(ii) The program has registered or licensed nursing and other licensed clinical staff on-site or available 24

hours a day, 7 days a week, who provide care in the scope of their practice as provided in parts 170, 172, 181,

182, 182A, and 185 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097, 333.17201 to

333.17242, 333.18101 to 333.18117, 333.18201 to 333.18237, 333.18251 to 333.18267, and 333.18501 to

333.18518.

(iii) The program integrates families into treatment, including maintaining sibling connections.

(iv) The program provides aftercare services for at least 6 months post discharge.

(v) The program is accredited by an independent not-for-profit organization as described in 42 USC

672(k)(4)(G).

(vi) The program does not include a detention facility, forestry camp, training school, or other facility

operated primarily for detaining minor children who are determined to be delinquent.

(ff) "Regular license" means a license issued to a child care organization indicating that the organization is

in substantial compliance with all rules promulgated under this act and, if there is a deficiency, has entered

into a corrective action plan.

(gg) "Guardian" means the individual's guardian.

(hh) "Minor child" means any of the following:

(i) An individual less than 18 years of age.

(ii) An individual who is a resident in a child caring institution, foster family home, or foster family group

home, who is at least 18 but less than 21 years of age, and who meets the requirements of the young adult

voluntary foster care act, 2011 PA 225, MCL 400.641 to 400.671.

(iii) An individual who is a resident in a child caring institution, children's camp, foster family home, or

foster family group home; who becomes 18 years of age while residing in a child caring institution, children's

camp, foster family home, or foster family group home; and who continues residing in a child caring

institution, children's camp, foster family home, or foster family group home to receive care, maintenance,

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training, and supervision. A minor child under this subparagraph does not include an individual 18 years of

age or older who is placed in a child caring institution, foster family home, or foster family group home under

an adjudication under section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2,

or under section 1 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1. This

subparagraph applies only if the number of those residents who become 18 years of age does not exceed the

following:

(A) Two, if the total number of residents is 10 or fewer.

(B) Three, if the total number of residents is not less than 11 and not more than 14.

(D) Five, if the total number of residents is 21 or more.

(iv) An individual 18 years of age or older who is placed in an unlicensed residence under section 5(4) or a

foster family home under section 5(7).

(ii) "Related" means 1 of the following:

(i) Except as provided in subparagraph (ii), a relative as defined in section 13a of chapter XIIA of the

probate code of 1939, 1939 PA 288, MCL 712A.13a.

(ii) For licensing by the department related to a child care center, children's camp, children's campsite,

family child care home, foster family home, foster family group home, or group child care home, in the

relationship by blood, marriage, or adoption, as parent, grandparent, great-grandparent,

great-great-grandparent, aunt or uncle, great-aunt or great-uncle, great-great-aunt or great-great-uncle, sibling,

stepsibling, nephew or niece, first cousin or first cousin once removed, and the spouse of any of the

individuals described in this definition, even after the marriage has ended by death or divorce.

(jj) "Religious organization" means a church, ecclesiastical corporation, or group, not organized for

pecuniary profit, that gathers for mutual support and edification in piety or worship of a supreme deity.

(kk) "School-age child" means a child who is eligible to attend a grade of kindergarten or higher, but is less

than 13 years of age. A child is considered to be a school-age child on the first day of the school year in which

the child is eligible to attend school.

(ll) "Severe physical injury" means serious physical harm as that term is defined in section 136b of the

Michigan penal code, 1931 PA 328, MCL 750.136b.

(mm) "Licensee designee" means the individual designated in writing by the board of directors of the

corporation or by the owner or person with legal authority to act on behalf of the company or organization on

licensing matters. The individual must agree in writing to be designated as the licensee designee. All license

applications must be signed by the licensee in the case of the individual or by a member of the corporation,

company, or organization.

(nn) "Water delivery service" means a service that delivers drinking water to a child care center and

provides drinking water that meets the standards of the safe drinking water act, 42 USC 300f to 300j-25.

(2) A family child care home or group child care home is automatically eligible for increased capacity after

satisfying all of the following criteria:

(a) Holds a current license.

(b) Has been licensed to operate for at least 29 consecutive months.

under subdivision (b).

(d) Has received a renewed regular license after at least 29 months of licensed operation under subdivision

(b).

(3) The department may rescind increased capacity due to 1 or more of the following:

(a) Corrective action.

(b) Licensing action.

that term is defined in section 5m.

(4) If the department rescinds increased capacity as outlined in subsection (3), the family child care home

or group child care home may be considered for increased capacity not less than 22 months after rescinding

increased capacity in a form and manner determined by the department.

(5) A family child care home or group child care home may appeal rescission of increased capacity under a

hearing held in the manner provided under section 11(2).

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1978, Act 438, Imd. Eff. Oct. 5, 1978;Am. 1980, Act 32, Imd. Eff. Mar. 10,

1980;Am. 1980, Act 232, Imd. Eff. July 20, 1980;Am. 1980, Act 510, Imd. Eff. Jan. 26, 1981;Am. 1981, Act 126, Imd. Eff. July

23, 1981;Am. 1984, Act 139, Imd. Eff. June 1, 1984;Am. 1991, Act 162, Imd. Eff. Dec. 9, 1991;Am. 1994, Act 205, Eff. Jan. 1,

1995;Am. 2002, Act 696, Eff. Mar. 31, 2003;Am. 2005, Act 202, Imd. Eff. Nov. 10, 2005;Am. 2007, Act 217, Imd. Eff. Dec. 28,

2007;Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007;Am. 2009, Act 155, Imd. Eff. Nov. 24, 2009;Am. 2010, Act 379, Imd. Eff.

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Dec. 22, 2010;Am. 2011, Act 228, Imd. Eff. Nov. 22, 2011;Am. 2014, Act 65, Imd. Eff. Mar. 28, 2014;Am. 2017, Act 257, Eff.

Mar. 28, 2018;Am. 2018, Act 431, Eff. Mar. 20, 2019;Am. 2020, Act 6, Imd. Eff. Jan. 27, 2020;Am. 2022, Act 70, Eff. Nov. 1,

2022;Am. 2022, Act 106, Imd. Eff. June 23, 2022;Am. 2022, Act 107, Imd. Eff. June 23, 2022;Am. 2022, Act 208, Imd. Eff. Oct.

7, 2022;Am. 2023, Act 173, Imd. Eff. Oct. 24, 2023;Am. 2024, Act 50, Imd. Eff. June 6, 2024.

Constitutionality: The First and Fourteenth Amendments of the United States Constitution do not prevent the state from compelling

the defendants to conform to the licensure requirements of the childcare organization act. Department of Social Services v Emmanuel

Baptist Preschool, 434 Mich 380; 455 NW2d 1 (1990).

Compiler's note: For transfer of powers and duties of child welfare licensing from the department of social services to the director of

the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.

For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and

fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the

family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.111a Concurrent licensing as adult foster care family home or adult foster care small

group home; additional children; combined licensed capacity; limitation; definitions.

Sec. 1a. (1) A private residence licensed as a foster family home or foster family group home may be

concurrently licensed as an adult foster care family home. Additional children not related to a resident of the

foster family home or foster family group home shall not be received in the foster family home or foster

family group home after the filing of an application for an adult foster care family home license.

(2) A child caring institution with a licensed capacity of 6 or fewer residents may be concurrently licensed

as an adult foster care small group home. Additional children not related to a resident of the child caring

institution shall not be received in the child caring institution after the filing of an application for an adult

foster care small group home license. The combined licensed capacity shall not exceed a combination of 6

children and adults.

(3) A group child care home or a family child care home shall not be concurrently licensed as an adult

foster care family home or an adult foster care small group home.

(4) As used in this section:

(a) "Adult foster care family home" means that term as defined in section 3 of the adult foster care facility

licensing act, 1979 PA 218, MCL 400.703.

(b) "Adult foster care small group home" means that term as defined in section 3 of the adult foster care

facility licensing act, 1979 PA 218, MCL 400.703.

History: Add. 1984, Act 139, Imd. Eff. June 1, 1984;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Child Care Licensing Act

Popular name: Act 116

722.112 Rules; ad hoc committee; restrictions; review; compliance timeline.

Sec. 2. (1) The departments of health and human services and licensing and regulatory affairs are

responsible for developing rules for the care and protection of children in organizations covered by this act

and for promulgating these rules according to the administrative procedures act of 1969, 1969 PA 306, MCL

24.201 to 24.328.

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(2) The department shall establish an ad hoc committee for each type of child care organization as defined

in this act when it is formulating or amending rules under this act. The committee shall consist of not less than

12 members, and must include representatives of the following groups and agencies:

(a) Department of health and human services.

(b) Department of licensing and regulatory affairs, bureau of fire services, and state fire safety board.

(d) Representatives of organizations affected by this act.

(e) Parents of children affected by this act.

(3) A majority of the members appointed to the committee established by subsection (2) must be

representatives of organizations affected by this act and parents of children affected by this act. The

committee shall serve during the period of the formulation of rules, shall have responsibility for making

recommendations on the content of rules, and shall recommend to the department revisions in proposed rules

at any time before the rules are promulgated.

(4) The rules promulgated under this act shall be restricted to the following:

(a) The operation and conduct of child care organizations and the responsibility the organizations assume

for child care.

(b) The character, suitability, health, training, and qualifications of applicants and other persons directly

responsible for the care and welfare of children served.

(d) The general financial ability and competence of applicants to provide necessary care for children and to

maintain prescribed standards.

(e) The number of individuals or staff required to ensure adequate supervision and care of the children

received.

(f) 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 created in section 1b of the fire prevention code, 1941

PA 207, MCL 29.1b, or other similar authority as provided in section 3 of 1937 PA 306, MCL 388.853, for

school purposes and is in compliance with the school fire safety rules, R 29.1901 to R 29.1934 of the

Michigan Administrative Code, as determined by the bureau of fire services or a fire inspector certified under

section 2b of the fire prevention code, 1941 PA 207, MCL 29.2b.

(g) Provisions for food, clothing, educational opportunities, programs, equipment, and individual supplies

to assure the healthy physical, emotional, and mental development of children served.

(h) Provisions to safeguard the legal rights of children served.

(i) Maintenance of records pertaining to admission, progress, health, and discharge of children.

(j) Filing of reports with the department.

(k) Discipline of children.

(l) Transportation safety.

(5) Rules once promulgated are subject to major review by an ad hoc committee not less than once every 5

years and must be reviewed biennially by the department. The ad hoc committee shall be established by the

department, shall consist of not less than 12 members, and shall include representatives of the groups and

agencies indicated in subsection (2). The ad hoc committee shall hold at least 2 public hearings regarding the

review of rules and shall report its recommendations regarding rules to the appropriate committees of the

legislature.

(6) Unless there is an immediate federal obligation or an immediate risk to health and safety as determined

by the department, a child care center, group child care home, or family child care home that is controlled by

a rule promulgated under this act has not less than 90 days after a rule is promulgated to become compliant

with the rule.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1983, Act 150, Imd. Eff. July 18, 1983;Am. 2006, Act 206, Imd. Eff. June 19,

2006;Am. 2017, Act 257, Eff. Mar. 28, 2018;Am. 2022, Act 111, Imd. Eff. June 23, 2022.

Constitutionality: The First and Fourteenth Amendments of the United States Constitution do not prevent the state from compelling

the defendants to conform to the licensure requirements of the childcare organization act. Department of Social Services v Emmanuel

Baptist Preschool, 434 Mich 380; 455 NW2d 1 (1990).

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

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day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

Administrative rules: R 400.1 et seq.; R 400.1301 et seq.; R 400.4101 et seq.; R 400.5101 et seq.; R 400.5106 et seq.; R 400.9101 et

seq.; R 400.11101 et seq.; R 400.12101 et seq.; and R 400.16001 of the Michigan Administrative Code.

722.112a Child caring institution, foster family home, foster family group home, child care

center, group child care home, and family child care home; individual certified in first aid

and cardiopulmonary resuscitation; applicability of MCL 722.125.

Sec. 2a. (1) A child caring institution, foster family home, foster family group home, child care center,

group child care home, and family child care home shall have individuals present, as prescribed in the

appropriate administrative rules, who have current certification in first aid and cardiopulmonary resuscitation

obtained through the American Red Cross, the American Heart Association, or an equivalent organization or

institution approved by the department.

(2) Section 15 does not apply to this section.

History: Add. 1994, Act 349, Eff. Dec. 16, 1995;Am. 1998, Act 440, Imd. Eff. Dec. 30, 1998;Am. 2007, Act 217, Imd. Eff.

Dec. 28, 2007;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.112b Definitions for MCL 722.112c, 722.112d, and 722.112e.

Sec. 2b. As used in this section and sections 2c, 2d, and 2e, unless the context requires otherwise:

(a) "Adaptive device" means a mechanical device incorporated in the individual plan of services that is

intended to provide anatomical support or to assist the minor child with adaptive skills.

(b) "Chemical restraint" means a drug that meets all of the following criteria:

(i) Is administered to manage a minor child's behavior in a way that reduces the safety risk to the minor

child or others.

(ii) Has the temporary effect of restricting the minor child's freedom of movement.

(iii) Is not a standard treatment for the minor child's medical or psychiatric condition.

to an emergency safety situation. Use of personal restraint as an emergency safety intervention is not child

abuse or child neglect unless it meets the definition of child abuse or child neglect as defined under section 2

of the child protection law, 1975 PA 238, MCL 722.622.

(d) "Emergency safety situation" means the onset of an unanticipated, severely aggressive, or destructive

behavior that places the minor child or others at serious threat of violence or injury if no intervention occurs

and that calls for an emergency safety intervention.

(e) "Individual plan of services" means that term as defined in section 100b of the mental health code,

1974 PA 258, MCL 330.1100b.

(f) "Licensed practitioner" means an individual who has been trained in the use of personal restraint and

seclusion, who is knowledgeable of the risks inherent in the implementation of personal restraint and

seclusion, and who is 1 of the following:

(i) A physician licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838.

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(ii) An individual who has been issued a specialty certification as a nurse practitioner under article 15 of

the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(iii) A physician's assistant licensed under article 15 of the public health code, 1978 PA 368, MCL

333.16101 to 333.18838.

(iv) A registered nurse licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101

to 333.18838.

(v) A psychologist and a limited licensed psychologist licensed under article 15 of the public health code,

1978 PA 368, MCL 333.16101 to 333.18838.

(vi) A counselor and a limited licensed counselor licensed under article 15 of the public health code, 1978

PA 368, MCL 333.16101 to 333.18838.

(vii) A licensed master's social worker licensed under article 15 of the public health code, 1978 PA 368,

MCL 333.16101 to 333.18838.

(g) "Mechanical restraint" means a device attached or adjacent to the minor child's body that he or she

cannot easily remove and that restricts freedom of movement or normal access to his or her body. Mechanical

restraint does not include the use of a protective or adaptive device or a device primarily intended to provide

anatomical support. Mechanical restraint does not include use of a mechanical device to ensure security

precautions appropriate to the condition and circumstances of a minor child placed in the child caring

institution as a result of an order of the family division of circuit court under section 2(a) of chapter XIIA of

the probate code of 1939, 1939 PA 288, MCL 712A.2.

(h) "Personal restraint" means the application of physical force without the use of a device, for the purpose

of restraining the free movement of a minor child's body. Personal restraint does not include:

(i) The use of a protective or adaptive device.

(ii) Briefly holding a minor child without undue force in order to calm or comfort him or her.

(iii) Holding a minor child's hand, wrist, shoulder, or arm to safely escort him or her from 1 area to

another.

(iv) The use of a protective or adaptive device or a device primarily intended to provide anatomical

support.

(i) "Protective device" means an individually fabricated mechanical device or physical barrier, the use of

which is incorporated in the individualized written plan of service. The use of a protective device is intended

to prevent the minor child from causing serious self-injury associated with documented, frequent, and

unavoidable hazardous events.

(j) "Seclusion" means the involuntary placement of a minor child in a room alone, where the minor child is

prevented from exiting by any means, including the physical presence of a staff person if the sole purpose of

that staff person's presence is to prevent the minor child from exiting the room. Seclusion does not include

techniques for therapeutic de-escalation. Seclusion does not include the use of a sleeping room during regular

sleeping hours to ensure security precautions appropriate to the condition and circumstances of a minor child

placed in the child caring institution as a result of an order of the family division of circuit court under section

2(a) and (b) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, if the minor child's

individual case treatment plan indicates that the security precautions would be in the minor child's best

interest.

(k) "Serious injury" means any significant impairment of the physical condition of the minor child as

determined by qualified medical personnel that results from an emergency safety intervention. This includes,

but is not limited to, burns, lacerations, bone fractures, substantial hematoma, and injuries to internal organs,

whether self-inflicted or inflicted by someone else.

History: Add. 2004, Act 531, Imd. Eff. Jan. 3, 2005;Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007;Am. 2024, Act 50, Imd. Eff.

June 6, 2024.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

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722.112c Emergency safety intervention; use in child caring institution contracting with

community mental health services program or prepaid inpatient health plan; compliance

with rules.

Sec. 2c. If a child caring institution contracts with and receives payment from a community mental health

services program or prepaid inpatient health plan for the care, treatment, maintenance, and supervision of a

minor child in a child caring institution, the child caring institution must comply with the rules for child

caring institutions. Emergency safety intervention in the form of physical management is allowed but must

comply with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, and associated administrative

rules.

History: Add. 2004, Act 531, Imd. Eff. Jan. 3, 2005;Am. 2017, Act 257, Eff. Mar. 28, 2018;Am. 2024, Act 50, Imd. Eff. June 6,

2024.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.112d Personal restraint or seclusion; use; limitations; requirements; order; evaluation;

face-to-face assessment; definitions.

Sec. 2d. (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.

(2) An order for personal restraint or seclusion shall not be written as a standing order or on an as-needed

basis.

(3) Personal restraint or seclusion must not result in serious injury to the minor child and shall be used only

to ensure the minor child's safety or the safety of others during an emergency safety situation. Personal

restraint or seclusion shall only be used until the emergency safety situation has ceased and the minor child's

safety and the safety of others can be ensured even if the order for personal restraint or seclusion has not

expired. Personal restraint and seclusion of a minor child shall not be used simultaneously.

(4) Personal restraint or seclusion shall be performed in a manner that is safe, appropriate, and

proportionate to the severity of the minor child's behavior, chronological and developmental age, size, gender,

physical condition, medical condition, psychiatric condition, and personal history, including any history of

physical or sexual abuse.

(5) Except as provided in subsection (6), at the time a minor child is admitted to a child caring institution,

the child caring institution shall do all of the following:

(a) Inform the minor child and his or her parent or legal guardian of the provider's policy regarding the use

of personal restraint or seclusion during an emergency safety situation that may occur while the minor child is

under the care of the child caring institution.

(b) Communicate the provider's personal restraint and seclusion policy in a language that the minor child

or his or her parent or legal guardian will understand, including American sign language, if appropriate. The

provider shall procure an interpreter or translator, if necessary to fulfill the requirement of this subdivision.

been informed of the provider's policy on the use of personal restraint and seclusion during an emergency

safety situation. The child caring institution's staff shall file the acknowledgment in the minor child's records.

(d) Provide a copy of the policy to the minor child's parent or legal guardian.

(6) The child caring institution is not required to inform, communicate, and obtain the written

acknowledgment from a minor child's parent or legal guardian as specified in subsection (5) if the minor child

is within the care and supervision of the child caring institution as a result of an order of commitment of the

family division of circuit court to a state institution, state agency, or otherwise, and has been adjudicated to be

a dependent, neglected, or delinquent under chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

712A.1 to 712A.32, if the minor child's individual case treatment plan indicates that notice would not be in

the minor child's best interest.

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(7) An order for personal restraint or seclusion shall only be written by a licensed practitioner.

(8) A licensed practitioner shall order the least restrictive emergency safety intervention measure that is

most likely to be effective in resolving the emergency safety situation based on consultation with staff.

Consideration of less restrictive emergency safety intervention measures shall be documented in the minor

child's record.

(9) If the order for personal restraint or seclusion is verbal, it must be received by a child caring institution

staff member who is 1 of the following:

(a) A licensed practitioner.

(b) A social services supervisor.

(d) A practical nurse licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838.

(10) A verbal order must be received while personal restraint or seclusion is being initiated by child caring

institution staff or immediately after the emergency safety situation begins. The licensed practitioner shall be

available to staff for consultation, at least by telephone, throughout the period of personal restraint or

seclusion. The licensed practitioner shall verify the verbal order in signed written form in the minor child's

record.

(11) An order for personal restraint or seclusion shall meet both of the following criteria:

(a) Be limited to no longer than the duration of the emergency safety situation.

(b) Not exceed 4 hours for a minor child 18 years of age or older; 2 hours for a minor child 9 to 17 years of

age; or 1 hour for a minor child under 9 years of age.

(12) If more than 2 orders for personal restraint or seclusion are ordered for a minor child within a 24-hour

period, the director of the child caring institution or his or her designated management staff shall be notified

to determine whether additional measures should be taken to facilitate discontinuation of personal restraint or

seclusion.

(13) If personal restraint continues for less than 15 minutes or seclusion continues for less than 30 minutes

from the onset of the emergency safety intervention, the child caring institution staff qualified to receive a

verbal order for personal restraint or seclusion, in consultation with the licensed practitioner, shall evaluate

the minor child's psychological well-being immediately after the minor child is removed from seclusion or

personal restraint. Staff shall also evaluate the minor child's physical well-being or determine if an evaluation

is needed by a licensed practitioner authorized to conduct a face-to-face assessment under subsection (14).

(14) A face-to-face assessment shall be conducted if the personal restraint continues for 15 minutes or

more from the onset of the emergency safety intervention or if seclusion continues for 30 minutes or more

from the onset of the emergency safety intervention. This face-to-face assessment shall be conducted by a

licensed practitioner who is 1 of the following:

(a) A physician licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838.

(b) An individual who has been issued a speciality certification as a nurse practitioner under article 15 of

the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

333.16101 to 333.18838.

(d) A registered nurse licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838.

(15) The face-to-face assessment shall be conducted within 1 hour of the onset of the emergency safety

intervention and immediately after the minor child is removed from personal restraint or seclusion. The

face-to-face assessment of the physical and psychological well-being of the minor child shall include, but is

not limited to, all of the following:

(a) The minor child's physical and psychological status.

(b) The minor child's behavior.

(d) Any complications resulting from the intervention.

(16) As used in this section:

(a) "Social services supervisor" means an individual who supervises a social services worker. A social

services supervisor must possess either a master's degree in a human behavioral science from an accredited

college or university and 2 years of experience as a social services worker or a bachelor's degree in a human

behavioral science or another major with 25% of the credits in a human behavioral science from an accredited

college or university and 4 years of experience as a social services worker.

(b) "Social services worker" means an individual who works directly with residents, residents' families,

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and other relevant individuals and who is primarily responsible for the development, implementation, and

review of service plans for the resident.

care and supervision of children in an institution. A supervisor of direct care workers must have 1 of the

following:

(i) A bachelor's degree from an accredited college or university and 2 years of work experience in a child

caring institution.

(ii) Two years of college from an accredited college or university and 3 years of work experience in a child

caring institution.

(iii) A high school diploma and 4 years of work experience in a child caring institution.

History: Add. 2004, Act 531, Imd. Eff. Jan. 3, 2005;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.112e Personal restraint or seclusion; release; documentation; record; notification;

debriefing; report of serious occurrence; annual report.

Sec. 2e. (1) A minor child shall be released from personal restraint or seclusion whenever the circumstance

that justified the use of personal restraint or seclusion no longer exists.

(2) Each instance of personal restraint or seclusion requires full justification for its use, and the results of

the evaluation immediately following the use of personal restraint or seclusion shall be placed in the minor

child's record.

(3) Each order for personal restraint or seclusion shall include all of the following:

(a) The name of the licensed practitioner ordering personal restraint or seclusion.

(b) The date and time the order was obtained.

practitioner ordered its use.

(4) The child caring institution staff shall document the use of the personal restraint or seclusion in the

minor child's record. That documentation shall be completed by the end of the shift in which the personal

restraint or seclusion occurred. If the personal restraint or seclusion does not end during the shift in which it

began, documentation shall be completed during the shift in which the personal restraint or seclusion ends.

Documentation shall include all of the following:

(a) Each order for personal restraint or seclusion.

(b) The time the personal restraint or seclusion actually began and ended.

(d) The emergency safety situation that required the resident to be personally restrained or secluded.

(e) The name of the staff involved in the personal restraint or seclusion.

(5) The child caring institution staff trained in the use of personal restraint shall continually assess and

monitor the physical and psychological well-being of the minor child and the safe use of personal restraint

throughout the duration of its implementation.

(6) The child caring institution staff trained in the use of seclusion shall be physically present in or

immediately outside the seclusion room, continually assessing, monitoring, and evaluating the physical and

psychological well-being of the minor. Video monitoring shall not be exclusively used to meet this

requirement.

(7) The child caring institution staff shall ensure that documentation of staff monitoring and observation is

entered into the minor child's record.

(8) If the emergency safety intervention continues beyond the time limit of the order for use of personal

restraint or seclusion, child caring institution staff authorized to receive verbal orders for personal restraint or

seclusion shall immediately contact the licensed practitioner to receive further instructions.

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(9) The child caring institution staff shall notify the minor child's parent or legal guardian and the

appropriate state or local government agency that has responsibility for the minor child if the minor child is

under the supervision of the child caring institution as a result of an order of commitment by the family

division of circuit court to a state institution or otherwise as soon as possible after the initiation of personal

restraint or seclusion. This notification shall be documented in the minor child's record, including the date and

time of the notification, the name of the staff person providing the notification, and the name of the person to

whom notification of the incident was reported. The child caring institution is not required to notify the parent

or legal guardian as provided in this subsection if the minor child is within the care and supervision of the

child caring institution as a result of an order of commitment of the family division of circuit court to a state

institution, state agency, or otherwise, and has been adjudged to be dependent, neglected, or delinquent under

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, if the minor child's

individual case treatment plan indicates that the notice would not be in the minor child's best interest.

(10) Within 24 hours after the use of personal restraint or seclusion, child caring institution staff involved

in the emergency safety intervention and the minor child shall have a face-to-face debriefing session. The

debriefing shall include all staff involved in the seclusion or personal restraint except if the presence of a

particular staff person may jeopardize the well-being of the minor child. Other staff members and the minor

child's parent or legal guardian may participate in the debriefing if it is considered appropriate by the child

caring institution.

(11) The child caring institution shall conduct a debriefing in a language that is understood by the minor

child. The debriefing shall provide both the minor child and the staff opportunity to discuss the circumstances

resulting in the use of personal restraint or seclusion and strategies to be used by staff, the minor child, or

others that could prevent the future use of personal restraint or seclusion.

(12) Within 24 hours after the use of personal restraint or seclusion, all child caring institution staff

involved in the emergency safety intervention, and appropriate supervisory and administrative staff, shall

conduct a debriefing session that includes, at a minimum, all of the following:

(a) Discussion of the emergency safety situation that required personal restraint or seclusion, including a

discussion of precipitating factors that led up to the situation.

(b) Alternative techniques that might have prevented the use of personal restraint or seclusion.

use of personal restraint or seclusion.

(d) The outcome of the emergency safety intervention, including any injury that may have resulted from

the use of personal restraint or seclusion.

(13) The child caring institution staff shall document in the minor child's record that both debriefing

sessions as described in subsections (10) and (12) took place and shall include the names of staff who were

present for the debriefings, names of staff that were excused from the debriefings, and changes to the minor

child's treatment plan that result from the debriefings.

(14) Each child caring institution subject to this section and sections 2c and 2d shall report each serious

occurrence to the department. The department shall make the reports available to the designated state

protection and advocacy system upon request of the designated state protection and advocacy system. Serious

occurrences to be reported include a minor child's death, a serious injury to a minor child, and a minor child's

suicide attempt. Staff shall report any serious occurrence involving a minor child by no later than close of

business of the next business day after a serious occurrence. The report shall include the name of the minor

child involved in the serious occurrence; a description of the occurrence; and the name, street address, and

telephone number of the child caring institution. The child caring institution shall notify the minor child's

parent or legal guardian and the appropriate state or local government agency that has responsibility for the

minor child if the minor child is under the supervision of the child caring institution as a result of an order of

commitment by the family division of circuit court to a state institution or otherwise as soon as possible and

not later than 24 hours after the serious occurrence. Staff shall document in the minor child's record that the

serious occurrence was reported to both the department and the state-designated protection and advocacy

system, including the name of the person to whom notification of the incident was reported. A copy of the

report shall be maintained in the minor child's record, as well as in the incident and accident report logs kept

by the child caring institution.

(15) Each child caring institution subject to this section and sections 2c and 2d shall maintain a record of

the incidences in which personal restraint or seclusion was used for all minor children. The record shall

include all of the following information:

(a) Whether personal restraint or seclusion was used.

(b) The setting, unit, or location in which personal restraint or seclusion was used.

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(d) The duration of each use of personal restraint or seclusion.

(e) The date, time, and day of the week restraint or seclusion was initiated.

(f) Whether injuries were sustained by the minor child or staff.

(g) The age and gender of the minor child.

(16) Each child caring institution subject to this section and sections 2c and 2d shall submit a report

annually to the department containing the aggregate data from the record of incidences for each 12-month

period as directed by the department. The department shall prepare reporting forms to be used by the child

caring institution, shall aggregate the data collected from each child caring institution, and shall annually

report the data to each child caring institution and the state-designated protection and advocacy system.

History: Add. 2004, Act 531, Imd. Eff. Jan. 3, 2005;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113 Inspection of child care organizations; use of administrative rules; contract;

investigation and certification of foster family home or group home; inspection reports;

final determination as to license; report of findings.

Sec. 3. (1) The rules promulgated by the department under this act shall be used by the department, the

bureau of fire services, and local authorities in the inspection of and reporting on child care organizations

covered by this act. The inspection of the health and fire safety of child care organizations shall be completed

by department staff, the bureau of fire services, or local authorities upon request of the department, or

according to subsection (2).

(2) If an inspection is not conducted according to subsection (1), a person owning or operating or who

proposes to own or operate a child care organization may enter a contract with a local authority or other

person qualified by the department to conduct an inspection according to subsection (1) and pay for that

inspection after an inspection is completed according to this subsection.

(3) The rules promulgated by the department for foster family homes and foster family group homes shall

be used by a child placing agency or governmental unit when investigating and certifying a foster family

home or a foster family group home.

(4) Inspection reports completed by state agencies, local authorities, and child placing agencies shall be

furnished to the department and shall become a part of its evaluation for licensing of organizations covered by

this act. After careful consideration of the reports and consultation where necessary, the department shall

assume responsibility for the final determination of the issuance, denial, revocation, or provisional nature of

licenses issued under this act. A report of findings shall be furnished to the applicant or licensee.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1980, Act 32, Imd. Eff. Mar. 10, 1980;Am. 1980, Act 232, Imd. Eff. July 20,

1980;Am. 2006, Act 206, Imd. Eff. June 19, 2006;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113a Visiting child at child care center, group child care home, or family child care

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home; effect of court order.

Sec. 3a. (1) A parent or legal guardian of a child at a child care center, group child care home, or family

child care home may visit the child at the child care center, group child care home, or family child care home

at any time.

(2) A parent or legal guardian who wishes to enroll a child at a child care center, group child care home, or

family child care home may visit the child care center, group child care home, or family child care home

before the child's enrollment during the hours of operation of the child care center, group child care home, or

family child care home.

(3) This section does not permit parenting time with a child in violation of a court order.

History: Add. 1986, Act 140, Imd. Eff. July 1, 1986;Am. 1997, Act 165, Eff. Mar. 31, 1998;Am. 2017, Act 257, Eff. Mar. 28,

2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113b Smoking prohibited; "smoke" or "smoking" defined.

Sec. 3b. (1) An individual shall not smoke in a child caring institution or child care center or on real

property that is under the control of a child caring institution or child care center and upon which the child

caring institution or child care center is located, including other related buildings. The operator of a child care

center shall conspicuously post on the premises a notice that specifies that smoking on the premises is

prohibited.

(2) As used in this section and section 3c, "smoke" or "smoking" means those terms as defined in section

12601 of the public health code, 1978 PA 368, MCL 333.12601.

History: Add. 1993, Act 211, Imd. Eff. Oct. 22, 1993;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113c Smoking on premises of group child care home or family child care home during

hours of operation prohibited; smoking during other hours; notice to parent or legal

guardian.

Sec. 3c. An individual shall not smoke on the premises of a group child care home or family child care

home during the hours of operation of the group child care home or family child care home. The operator of a

group child care home or family child care home may permit smoking on the premises during a period other

than the hours of operation of that group child care home or family child care home if the operator has

provided to a parent or legal guardian of each child participating in a group child care home or family child

care home activity notice that smoking on the premises occurs or may occur when the group child care home

or family child care home is not in operation. The operator of a group child care home or family child care

home shall conspicuously post on the premises a notice that specifies that smoking on the premises is

prohibited during the hours of operation of the group child care home or family child care home.

History: Add. 1993, Act 219, Eff. Apr. 1, 1994;Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007;Am. 2017, Act 257, Eff. Mar. 28,

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2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113d Repealed. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: The repealed section pertained to prohibition against smoking on premises of group child care home during hours

of operation.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113e Criminal history background check required; posting notice; rules.

Sec. 3e. The operator of a child care center or child caring institution shall conspicuously post on the

premises a notice stating that the child care center or child caring institution requires a criminal history

background check on its employees or volunteers. The department shall promulgate rules to implement this

section under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

History: Add. 2002, Act 717, Eff. Mar. 31, 2003;Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007;Am. 2017, Act 257, Eff. Mar. 28,

2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113f Child care organization receiving notice of high-risk special investigation;

notification to parent or legal guardian; requirements; noncompliance; determination of no

substantial rule violations; exceptions; "high-risk special investigation" defined.

Sec. 3f. (1) Except as provided in subsection (5), within 24 hours after a child care organization receives

notice that a high-risk special investigation is being conducted by the department, the child care organization

shall make a good-faith effort to make oral notification to each parent or legal guardian of 1 or more of the

following:

(a) Children who were under the child care organization's care at the site and the time the incident being

investigated occurred.

(b) If the individual being investigated is still present at the child care organization at the time of the

investigation, children who have or will come into contact with the individual being investigated as long as

that individual is present at the child care organization.

(2) The child care organization shall send written notification within 1 business day after the initial

good-faith attempt under subsection (1) at oral notification. For the purpose of this subsection, written

notification shall be given by 1 of the following:

(a) Mail service.

(b) Facsimile transmission.

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(3) If the department determines that a child care organization is not complying with either notification

requirement in subsection (1) or (2), the department may suspend the child care organization's license issued

under this act pending review.

(4) If, upon completion of the high-risk special investigation, the department makes a determination that

there are no substantiated rule violations, the department shall provide the child care organization with written

notification of that determination that the child care organization may share with the parents or legal

guardians of the children in the child care organization's care who received the notification required under

subsections (1) and (2).

(5) This section does not apply to a child caring institution, child placing agency, foster family home, or

foster family group home.

(6) For the purpose of this section, "high-risk special investigation" means an investigation that the

department conducts regarding 1 or more of the conditions listed in section 8(3)(a) to (c) of the child

protection law, 1975 PA 238, MCL 722.628.

History: Add. 2008, Act 15, Eff. June 1, 2008;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care

home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory

affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113g Licensing records notebook.

Sec. 3g. (1) The operator of a child care center, group child care home, or family child care home shall

maintain licensing records on its premises in the form of a licensing notebook. If internet access is available at

the child care center, group child care home, or family child care home, access may be provided through the

department's electronic database of licensing records for the entity. The licensing records shall be made

available for review to parents or guardians of children under the care of, and parents or guardians

considering placing their children in the care of, the child care center, group child care home, or family child

care home during the hours of operation of the child care center, group child care home, or family child care

home.

(2) The licensing records described in subsection (1) must include the original licensing study. The

licensing records must also include all licensing inspections, renewal inspections, special investigations, and

corrective action plan approval letters for the past 3 years. The licensing notebook must also include a

summary sheet outlining the reports contained in the licensing notebook. The information in the licensing

notebook shall be updated as provided by the department and may be made available via internet access.

(3) The department shall include on its "Child in Care Statement/Receipt" form or any successor form used

instead of that form a check box allowing the parent or guardian to acknowledge that he or she is aware of the

licensing records information available in the licensing notebook or the department's electronic database and

that the licensing notebook or the department's electronic database is available for his or her review on the

premises or on the department's website and that information is available on the department's website. The

"Child in Care Statement/Receipt" form or successor form must contain in bold print the department's website

address where the information may be located.

History: Add. 2010, Act 85, Imd. Eff. May 27, 2010;Am. 2017, Act 257, Eff. Mar. 28, 2018;Am. 2022, Act 112, Imd. Eff. June

23, 2022.

Compiler's note: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care

home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory

affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.For the transfer of all powers and duties

related to the licensing and regulation of children's camps, child care centers, day care centers, family day care homes, and group day care

homes from the department of licensing and regulatory affairs to MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

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722.113h Unannounced inspections of child care organizations.

Sec. 3h. An inspection in accordance with the approved state child care plan of a child care organization

licensed under this act must be unannounced, unless the department, in its discretion, considers it necessary to

schedule an appointment for an inspection.

History: Add. 2017, Act 257, Eff. Mar. 28, 2018;Am. 2022, Act 106, Imd. Eff. June 23, 2022.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113i Drinking water management plan; requirements; mandatory review and update;

water sampling and testing; presence of lead; installation of filtered water sources;

document retention.

Sec. 3i. (1) Within 15 months after the effective date of the amendatory act that added this section, each

child care center shall develop a drinking water management plan and make the plan available to the

department of licensing and regulatory affairs, child care center staff, and parents and guardians of children

enrolled in the child care center on request. The plan must specify all of the following:

(a) Locations where water outlets will be maintained to deliver water for human consumption, whether as

drinking water or a component of a food or beverage, using the following categories, if applicable:

(i) Locations where filtered bottle-filling stations will be maintained.

(ii) Locations where filtered faucets will be maintained.

(iii) Locations where filtered pitchers will be maintained.

(iv) Locations where unfiltered drinking fountains or unfiltered faucets will be maintained, subject to

section 3j(a).

(v) Locations where drinking water from a water delivery service will be maintained.

(b) Locations where water outlets will be maintained for purposes other than as described in subdivision

(a).

(d) Regular replacement of the filter cartridge for each filtered bottle-filling station, filtered faucet, and

filtered pitcher in compliance with manufacturer instructions or recommendations of the department of

environment, Great Lakes, and energy.

(2) Each child care center shall review and update the drinking water management plan created under

subsection (1) at least once every 5 years and make changes as directed by the department of licensing and

regulatory affairs or as needed to comply with this section.

(3) Water sampling and testing must be conducted at each child care center at least once every 2 years and

as otherwise required under this section. The child care center shall collect the water for water sampling and

testing. The water must be drawn from all of the bubble fixtures of the filtered bottle-filling stations and

filtered faucets and must be collected in 250-milliliter bottles after at least an 8-hour stagnation period and

before any water use occurs at the child care center. Upon request, the department of licensing and regulatory

affairs shall provide the child care center with a sufficient number of 250-milliliter bottles. After the child

care center collects the water, the child care center shall deliver, through the mail or in person, all of the

250-milliliter bottles for water testing. Water testing described under this section must be conducted at a

laboratory certified for lead and copper testing for the approved EPA method.

(4) If the water sampling and testing under subsection (3) indicates the presence of lead at a concentration

of 1 part per billion or more but not more than 5 parts per billion, the child care center shall do all of the

following:

(a) Immediately check the status of the filter or filters at the filtered bottle-filling station or filtered faucet

and replace the filter cartridge if the status light indicates that replacement is or will soon be required.

(b) Ensure the filtered bottle-filling station or filtered faucet is properly installed.

(d) If the water sampling and testing under subdivision (c) indicates the presence of lead at a concentration

of 1 part per billion or more but not more than 5 parts per billion, have the child care center do both of the

following:

(i) Send a copy of the test results and a document that lists the make and model of the filtered bottle-filling

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station or filtered faucet and filter cartridge to the department of licensing and regulatory affairs and the

department of environment, Great Lakes, and energy.

(ii) Consult with the department of environment, Great Lakes, and energy and the filtered bottle-filling

station or filtered faucet manufacturer.

(5) If the water sampling and testing under subsection (3) or (4)(c) indicates the presence of lead at a

concentration of more than 5 parts per billion, the child care center shall do all of the following:

(a) Immediately shut off or render inoperable the water outlet.

(b) Post a conspicuous sign near the water outlet stating that the water outlet is inoperable because of high

lead concentration and maintain the sign until the water outlet is returned to service under subdivision (e).

(d) Resample and retest the water.

(e) If the water sampling and testing under subdivision (d) indicates the presence of lead at a concentration

of 1 part per billion or more but not more than 5 parts per billion, return the water outlet to service and

comply with the requirements of subsection (4)(b), (c), and (d).

(f) If the water sampling and testing under subdivision (d) indicates the presence of lead at a concentration

of more than 5 parts per billion, do all of the following:

(i) Within 30 days after receiving test results under this subsection, send a copy of the test results to the

department of licensing and regulatory affairs, the department of environment, Great Lakes, and energy, and

each parent or guardian of a child enrolled in the child care center.

(ii) Develop a remediation plan in consultation with the department of licensing and regulatory affairs and

the department of environment, Great Lakes, and energy and incorporate the remediation plan into the

drinking water management plan under subsection (1).

(6) A child care center that installs a filtered bottle-filling station, filtered faucet, filtered pitcher, or other

filtered source shall install, operate, and maintain them in accordance with manufacturer instructions or

recommendations of the department of environment, Great Lakes, and energy.

(7) A child care center shall retain the following documents for 3 years or until after any water sampling

and testing occurs under this section, whichever is sooner, and make the documents available to the

department of licensing and regulatory affairs on request:

(a) Original copies of the results of all water sampling and testing conducted under this section, as

applicable.

(b) Records of the dates when and locations where filters or filter cartridges were installed or replaced.

(8) As used in this section:

(a) "Bubble fixture" means a fixture on a drinking water fountain through which water is forced up in a

small arc from a nozzle that allows an individual to drink from the arc directly.

(b) "EPA" means the United States Environmental Protection Agency.

History: Add. 2023, Act 173, Imd. Eff. Oct. 24, 2023.

Compiler's note: For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care

centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to

MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113j Duties of child care center under drinking water management plan.

Sec. 3j. Within 2 years after the effective date of the amendatory act that added this section, each child care

center shall do all of the following in a manner consistent with the drinking water management plan created

under section 3i:

(a) Post a conspicuous sign near each water outlet and drinking fountain indicating whether or not the

outlet is intended to provide water for human consumption. If the water outlet or drinking fountain is intended

to provide water for human consumption but is unfiltered, the sign must also state that the water is unfiltered

and could contain lead.

(b) Ensure that any water furnished to children for human consumption by the child care center is from a

filtered faucet or other filtered source that is certified to meet NSF/ANSI standard 53 for lead reduction and

NSF/ANSI standard 42 for particulate removal, or from a water delivery service.

center of the availability of both of the following:

(i) The results of all water sampling and testing conducted under section 3i.

(ii) All filter and filter cartridge replacement dates for each filtered bottle-filling station, filtered faucet,

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filtered pitcher, or other filtered source.

History: Add. 2023, Act 155, Eff. Oct. 24, 2023.

Compiler's note: For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care

centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to

MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113k Child care center located in school building; drinking water compliance standards.

Sec. 3k. If a child care center is located in a school building that complies with the clean drinking water

access act, the child care center is considered to comply with sections 3i and 3j.

History: Add. 2023, Act 155, Eff. Oct. 24, 2023.

Compiler's note: For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care

centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to

MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.113l Department of licensing and regulatory affairs; support for maintaining compliance;

training on filter use, installation, and maintenance; guidance documents.

Sec. 3l. (1) The department of licensing and regulatory affairs, in coordination with the department of

environment, Great Lakes, and energy, shall assist each child care center in maintaining compliance with

sections 3i and 3j by providing all of the following:

(a) A template for the drinking water management plan required under section 3i.

(b) A template for tracking filter and filter cartridge replacement dates and the results of water sampling

and testing conducted under section 3i.

(i) Factors that a child care center should consider when selecting filtered bottle-filling stations, filtered

faucets, and filters.

(ii) How to shut off or render permanently inoperable a water outlet identified under section 3i(1)(c).

(iii) How to flush a building's cold water plumbing before installing new filtered bottle-filling stations and

filtered faucets.

(iv) Common filtered bottle-filling station or filtered faucet installation and operation errors and how to

avoid them.

(2) The department of licensing and regulatory affairs shall provide training for child care center staff on

filter cartridge use, installation, and maintenance and water sampling protocol. Training under this subsection

may be provided as a webinar or incorporated into existing training programs. Within 2 years after the

effective date of the amendatory act that added this section, and every 5 years thereafter, all child care center

staff responsible for providing or overseeing children's access to drinking water shall participate in training

provided by the department of licensing and regulatory affairs under this subsection.

(3) The department of licensing and regulatory affairs shall provide and make available the guidance

documents required under subsection (1)(c) not later than 6 months after the effective date of the amendatory

act that added this section. Before the department provides the guidance documents, the department shall

issue the guidance documents as proposed guidance documents on its website and allow for a 30-day public

comment period.

History: Add. 2023, Act 155, Eff. Oct. 24, 2023.

Compiler's note: For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care

centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to

MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Compiler's note: Child Care Licensing Act

722.114 Consultation and assistance to organizations.

Sec. 4. The department shall provide consultation to organizations covered by this act to assist them in

meeting the requirements of this act and the rules promulgated under this act. The department shall offer

assistance, training, and education, within fiscal limitations, upon request, in developing methods for the

improvement of service.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1980, Act 232, Imd. Eff. July 20, 1980.

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Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.114a Child care center, group child care home, or family child care home; driver license

or identification card required for obtaining or renewing license by applicant, licensee, or

licensee designate.

Sec. 4a. An applicant, licensee, or licensee designee must present a valid driver license or a valid state or

federal government-issued identification card in order to obtain or renew a license for a child care center,

group child care home, or family child care home under this act.

History: Add. 2017, Act 258, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115 License required; applicability; application; forms; investigations; on-site visit;

issuance or renewal of license; investigation and certification of foster family home or

group home; placement of children in foster family home, foster family group home,

unlicensed residence, adult foster care family home, or adult foster care small group

home; certification; criminal history check; "good moral character" defined.

Sec. 5. (1) This section and sections 5c, 5d, and 9 do not apply to a child care center, group child care

home, or family child care home.

(2) A person, partnership, firm, corporation, association, nongovernmental organization, or governmental

organization, except for the department of health and human services or a local county department of health

and human services office, shall not establish or maintain a child care organization unless licensed by the

department. Application for a license must be made on forms provided, and in the manner prescribed, by the

department. Before issuing or renewing a license, the department shall investigate the applicant's activities

and proposed standards of care and shall make an on-site visit of the proposed or established organization.

Except as otherwise provided in this subsection, if the department is satisfied as to the need for a child care

organization, its financial stability, the applicant's good moral character, and that the services and facilities are

conducive to the welfare of the children, the department shall issue or renew the license. If a county juvenile

agency as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622, certifies to the

department that it intends to contract with an applicant for a new license, the department shall issue or deny

the license within 60 days after it receives a complete application as provided in section 5b.

(3) The department may authorize a child placing agency or governmental unit to investigate a foster

family home or a foster family group home according to subsection (2) and to certify that the foster family

home or foster family group home meets the licensing requirements prescribed by this act. Before certifying

to the department that a foster family home or foster family group home meets the licensing requirements

prescribed by this act, the child placing agency or governmental unit shall receive and review a medical

statement for each member of the household indicating that he or she does not have a known condition that

would affect the care of a foster child. The medical statement required under this section must be signed and

dated by a physician licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838, a physician's assistant licensed under article 15 of the public health code, 1978 PA 368, MCL

333.16101 to 333.18838, or a certified nurse practitioner licensed as a registered professional nurse under part

172 of the public health code, 1978 PA 368, MCL 333.17201 to 333.17242, who has been issued a specialty

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certification as a nurse practitioner by the board of nursing under section 17210 of the public health code,

1978 PA 368, MCL 333.17210, within the 12 months immediately preceding the date of the initial evaluation.

This subsection does not require new or additional third party reimbursement or worker's compensation

benefits for services rendered. A foster family home or a foster family group home must be certified for

licensing by the department by only 1 child placing agency or governmental unit. Other child placing agencies

may place children in a foster family home or foster family group home only upon the approval of the

certifying agency or governmental unit.

(4) The department may authorize a child placing agency or governmental unit to place a child who is at

least 16 but less than 21 years of age in his or her own unlicensed residence, or in the unlicensed residence of

an adult who has no supervisory responsibility for the child, if a child placing agency or governmental unit

retains supervisory responsibility for the child. If the child is at least 18 but less than 21 years of age, he or

she must meet the requirements of the young adult voluntary foster care act, 2011 PA 225, MCL 400.641 to

400.671.

(5) A child placing agency, child caring institution, and governmental unit shall provide the state court

administrative office and a local foster care review board established under 1984 PA 422, MCL 722.131 to

722.139a, those records requested pertaining to children in foster care placement for more than 6 months.

(6) The department may authorize a child placing agency or governmental unit to place a child who is 16

or 17 years old in 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, if a child placing agency or

governmental unit retains supervisory responsibility for the child and certifies to the department all of the

following:

(a) The placement is in the best interests of the child.

(b) The child's needs can be adequately met by the adult foster care family home or small group home.

home.

(d) The child placing agency or governmental unit will periodically reevaluate the placement of a child

under this subsection to determine that the criteria for placement in subdivisions (a) through (c) continue to be

met.

(7) On an exception basis, the director of the department, or his or her designee, may authorize a child

placing agency or governmental unit to place an adult in a foster family home if a child placing agency or

governmental unit certifies to the department all of the following:

(a) The adult is a person with a developmental disability as defined by section 100a of the mental health

code, 1974 PA 258, MCL 330.1100a, or a person who is otherwise neurologically disabled and is also

physically limited to a degree that requires complete physical assistance with mobility and activities of daily

living.

(b) The placement is in the best interests of the adult and will not adversely affect the interests of the foster

child or children residing in the foster family home.

(d) The adult will be compatible with other residents of the foster family home.

(e) The child placing agency or governmental unit will periodically reevaluate the placement of an adult

under this subsection to determine that the criteria for placement in subdivisions (a) through (d) continue to be

met and document that the adult is receiving care consistent with the administrative rules for a child placing

agency.

(8) On an exception basis, the director of the department, or his or her designee, may authorize a child

placing agency or governmental unit to place a child in 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, if the child placing agency or governmental unit certifies to the department all of the following:

(a) The placement is in the best interests of the child.

(b) The placement has the concurrence of the parent or guardian of the child.

group home.

(d) The child's psychosocial and clinical needs are compatible with those of other residents of the adult

foster care family home or small group home.

(e) The clinical treatment of the child's condition is similar to that of the other residents of the adult foster

care family home or small group home.

(f) The child's cognitive level is consistent with the cognitive level of the other residents of the adult foster

care family home or small group home.

(g) The child is neurologically disabled and is also physically limited to a degree that requires complete

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physical assistance with mobility and activities of daily living.

(h) The child placing agency or governmental unit will periodically reevaluate the placement of a child

under this subsection to determine that the criteria for placement in subdivisions (a) to (g) continue to be met.

(9) Except as provided in section 5c(6), the department shall not issue to or renew the license of a child

care organization under this act without requesting a criminal history check as required by section 5c. If a

criminal history check performed under section 5c or information obtained as a result of notification from the

department of state police under section 5k reveals that an applicant for a license under this act has been

convicted of a listed offense, the department shall not issue a license to that applicant. If a criminal history

check performed under section 5c or information obtained as a result of notification from the department of

state police under section 5k reveals that an applicant for renewal of a license under this act has been

convicted of a listed offense, the department shall not renew that license. If a criminal history check

performed under section 5c or information obtained as a result of notification from the department of state

police under section 5k reveals that a current licensee has been convicted of a listed offense, the department

shall revoke the license of that licensee.

(10) Except as provided in section 5h(6), the department of health and human services shall not issue or

renew a license to operate a foster family home or foster family group home under this act without requesting

a criminal history check as required by sections 5h and 5j. If a criminal history check performed under section

5h or 5j or information obtained as a result of notification from the department of state police under section 5k

reveals that an applicant for a license to operate a foster family home or foster family group home under this

act or an adult member of the household has been convicted of a listed offense, the department shall not issue

a license to that applicant. If a criminal history check performed under section 5h or 5j or information

obtained as a result of notification from the department of state police under section 5k reveals that an

applicant for renewal of a license to operate a foster family home or foster family group home under this act

or an adult member of the household has been convicted of a listed offense, the department shall not renew a

license to that applicant. If a criminal history check performed under section 5h or 5j or information obtained

as a result of notification from the department of state police under section 5k reveals that a current licensee

under this act of a foster family home or foster family group home or an adult member of the foster family

home or foster family group home has been convicted of a listed offense, the department shall revoke that

licensee's license.

(11) As used in this section, "good moral character" means that term as defined in and determined under

1974 PA 381, MCL 338.41 to 338.47, and the rules promulgated under this act.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1974, Act 191, Imd. Eff. July 2, 1974;Am. 1978, Act 309, Imd. Eff. July 10,

1978;Am. 1980, Act 32, Imd. Eff. Mar. 10, 1980;Am. 1980, Act 232, Imd. Eff. July 20, 1980;Am. 1980, Act 498, Imd. Eff. Jan.

21, 1981;Am. 1980, Act 510, Imd. Eff. Jan. 26, 1981;Am. 1981, Act 126, Imd. Eff. July 23, 1981;Am. 1982, Act 329, Imd. Eff.

Dec. 14, 1982;Am. 1984, Act 421, Imd. Eff. Dec. 28, 1984;Am. 1986, Act 169, Imd. Eff. July 7, 1986;Am. 1989, Act 72, Imd.

Eff. June 16, 1989;Am. 1991, Act 162, Imd. Eff. Dec. 9, 1991;Am. 1995, Act 81, Imd. Eff. June 15, 1995;Am. 1998, Act 34, Imd.

Eff. Mar. 18, 1998;Am. 1998, Act 519, Imd. Eff. Jan. 12, 1999;Am. 2004, Act 315, Eff. Oct. 1, 2007;Am. 2005, Act 133, Eff. Jan.

1, 2006;Am. 2006, Act 51, Imd. Eff. Mar. 9, 2006;Am. 2006, Act 580, Imd. Eff. Jan. 3, 2007;Am. 2007, Act 217, Imd. Eff. Dec.

28, 2007;Am. 2007, Act 218, Eff. Jan. 1, 2008;Am. 2010, Act 379, Imd. Eff. Dec. 22, 2010;Am. 2011, Act 228, Imd. Eff. Nov.

22, 2011;Am. 2017, Act 257, Eff. Mar. 28, 2018;Am. 2020, Act 10, Imd. Eff. Jan. 27, 2020.

Constitutionality: The First and Fourteenth Amendments of the United States Constitution do not prevent the state from compelling

the defendants to conform to the licensure requirements of the childcare organization act. Department of Social Services v Emmanuel

Baptist Preschool, 434 Mich 380; 455 NW2d 1 (1990).

Compiler's note: For transfer of powers and duties of child welfare licensing from the department of social services to the director of

the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.

For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and

fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

Administrative rules: R 400.1 et seq.; R 400.1301 et seq.; R 400.4101 et seq.; R 400.5101 et seq.; R 400.9101 et seq.; R 400.11101

et seq.; and R 400.12101 et seq. the Michigan Administrative Code.

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722.115a Providing records to child advocate.

Sec. 5a. A child placing agency shall provide the child advocate created in section 3 of the office of the

child advocate act, 1994 PA 204, MCL 722.923, with those records requested by the child advocate pertaining

to a matter under investigation by the child advocate.

History: Add. 1994, Act 205, Eff. Jan. 1, 1995;Am. 2023, Act 304, Eff. Feb. 13, 2024.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115b Contract with license applicant; review of application; failure to issue or deny

license within certain period of time; action for mandamus; county juvenile agency as

party to proceeding.

Sec. 5b. (1) If a county juvenile agency as defined in section 2 of the county juvenile agency act, 1998 PA

518, MCL 45.622, certifies that it intends to contract with a license applicant as provided in section 5(2), the

department shall review the application and advise the applicant and the county juvenile agency within 10

days after receiving the application what further information or material is necessary to complete the

application.

(2) If the department fails to issue or deny the license within 60 days after receiving the information it

determined was necessary to complete the application, the county juvenile agency or the applicant may bring

an action for mandamus to require the department to issue or deny the license.

(3) The county juvenile agency is a party for purposes of any hearing, review, or other proceeding on a

license application described in this section or section 5(2) for which the county juvenile agency certifies to

the department that it intends to contract with the applicant. The county juvenile agency or applicant may

challenge the department's determination concerning what further information or material is necessary to

complete the application.

History: Add. 1998, Act 519, Imd. Eff. Jan. 12, 1999;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115c Applicant for child care organization license; criminal history check; requirements;

fee; renewal.

Sec. 5c. (1) Except as provided in subsection (6), when a person or an applicant that is a legal entity, trust,

or local or state governmental organization applies for a license for a child care organization under section 5,

the department shall request the department of state police to perform a criminal history check on the person,

licensee designee, chief administrator, and program director of the child care organization, as applicable.

(2) Each person applying for a license to operate a child care organization must give written consent at the

time of the license application for the department of state police to conduct the criminal history check

required under this section. The department shall require the person to submit his or her fingerprints to the

department of state police and the Federal Bureau of Investigation for the criminal history check described in

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subsection (1).

(3) The department shall request a criminal history check required under this section on a form and in the

manner prescribed by the department of state police.

(4) Within a reasonable time after receiving a complete request by the department for a criminal history

check on a person under this section, the department of state police must conduct the criminal history check

and provide a report of the results to the department. The report shall contain any criminal history record

information on the person maintained by the department of state police and the Federal Bureau of

Investigation.

(5) The department of state police may charge the department a fee for a criminal history check required

under this section that does not exceed the actual and reasonable cost of conducting the check. The

department may pass along to the licensee or applicant the actual cost or fee charged by the department of

state police, the Federal Bureau of Investigation, or a vendor approved by the department of state police for

performing a criminal history check required under this section.

(6) If a person, licensee designee, chief administrator, or program director of a child care organization

applying to renew a license to operate a child care organization has previously undergone a criminal history

check required under subsection (1) and has remained continuously licensed after the criminal history check

has been performed and section 5k continues to apply, that person, licensee designee, chief administrator, or

program director of a child care organization is not required to submit to another criminal history check upon

renewal of the license obtained under section 5.

History: Add. 2005, Act 133, Eff. Jan. 1, 2006;Am. 2006, Act 580, Imd. Eff. Jan. 3, 2007;Am. 2010, Act 379, Imd. Eff. Dec. 22,

2010;Am. 2017, Act 256, Eff. Mar. 28, 2018;Am. 2022, Act 107, Imd. Eff. June 23, 2022.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115d Conditional offer of employment to person at child care organization; criminal

history background check; cost; exception for renewal.

Sec. 5d. (1) Before a child care organization makes a conditional offer of employment to a person, the

child care organization shall perform a criminal history background check on that person using the department

of state police's internet criminal history access tool (ICHAT) or equivalent check on that person from the

state or province of residence.

(2) If a search of the department of state police's ICHAT or equivalent check on the person from the state

or province of residence reveals that the person described in subsection (1) has been convicted of a listed

offense, the child care organization shall not make an offer of employment to that person. If a search of the

department of state police's ICHAT reveals that a current employee has been convicted of a listed offense, the

child care organization shall not continue to employ that person. If a search of the department of state police's

ICHAT or equivalent check on that person from the state or province of residence reveals that a person who

regularly and continuously works under contract at the child care organization has been convicted of a listed

offense, the child care organization shall not allow that person to regularly or continuously work under

contract at the child care organization.

(3) A child care organization may pass along the actual cost of a search of the department of state police's

ICHAT or equivalent check on that person from the state or province of residence to the employee or

applicant on whom the search is being performed.

(4) A child caring institution subject to section 671 of title IV-E of the social security act, 42 USC 671,

shall not permit a child caring institution staff member to begin working unless all of the following have been

completed:

(a) The department receives written consent from the child caring institution staff member to conduct a

criminal history check. The department shall require the person to submit his or her fingerprints to the

department of state police and the Federal Bureau of Investigation for the criminal history check.

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(b) The child caring institution receives the results of the criminal history check from the department.

evaluation that addresses the nature of the conviction, the length of time since the conviction was entered, and

the relationship between the conviction and regulated activity in the child caring institution for the purpose of

determining suitability for employment in the child caring institution.

(5) If a child caring institution is applying to renew its license, a staff member, who has previously

undergone a criminal history check required under subsection (4)(a) and has remained continuously employed

with the child caring institution that is seeking renewal, is not required to submit to another criminal history

check upon renewal of the child caring institution's license.

History: Add. 2005, Act 133, Eff. Jan. 1, 2006;Am. 2010, Act 379, Imd. Eff. Dec. 22, 2010;Am. 2017, Act 256, Eff. Mar. 28,

2018;Am. 2020, Act 10, Imd. Eff. Jan. 27, 2020.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115e Arraignment or conviction of licensee, staff member, or member of household;

report; crime; staff member not convicted of crime; deletion of information from records;

notice requirements.

Sec. 5e. (1) A child care center licensee, licensee designee, or program director, group child care home

licensee, and family child care home licensee shall report to the department within 3 business days after he or

she has been arraigned for or convicted of 1 or more of the crimes listed in section 5r.

(2) Except as provided in subsection (1), a child care staff member shall report to the child care center,

group child care home, or family child care home within 3 business days after he or she has been arraigned for

or convicted of 1 or more of the crimes listed in section 5r.

(3) A child care center licensee, licensee designee, or program director, group child care home licensee,

and family child care home licensee shall report to the department within 3 business days after receiving a

report from a child care staff member under subsection (2).

(4) A group child care home licensee or family child care home licensee shall report to the department

within 3 business days after he or she knows or should reasonably know that a member of the household has

been arraigned for or convicted of 1 or more of the crimes listed in section 5r.

(5) A person who violates subsection (1), (2), (3), or (4) is guilty of a crime as follows:

(a) If the person violates subsection (1), (2), (3), or (4) and the crime involved in the violation is a

misdemeanor that is a listed offense or is a felony, the person is guilty of a felony punishable by

imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(b) If the person violates subsection (1), (2), (3), or (4) and the crime involved in the violation is a

misdemeanor that is not a listed offense, the person is guilty of a misdemeanor punishable by imprisonment

for not more than 1 year or a fine of not more than $1,000.00, or both.

(6) The department shall delete from the licensee's records all information relating to an arraignment

required to be reported under this section if the department receives documentation that the person arraigned

for the crime is subsequently not convicted of any crime after the completion of judicial proceedings resulting

from that arraignment.

(7) A child care center, group child care home, or family child care home shall delete from the child care

staff member's records all information relating to an arraignment required to be reported under this section if

it receives documentation that the child care staff member is subsequently not convicted of any crime after the

completion of judicial proceedings resulting from that arraignment.

(8) At the time a child care center, group child care home, or family child care home allows a person to

become a child care staff member, the child care center, group child care home, or family child care home

shall notify that person of the requirement under this section to report when he or she is arraigned for or

convicted of certain crimes and the penalty for not reporting.

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History: Add. 2005, Act 133, Eff. Jan. 1, 2006;Am. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115f Repealed. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: The repealed section pertained to duty of state police to perform criminal history check and criminal record check

on person applying for or renewing certificate of registration to operate family or group child care home.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115g Duties of department upon conviction of household member.

Sec. 5g. If the department becomes aware that a member of the household of a group child care home or

family child care home has been convicted of a listed offense, the department shall not issue a license to the

applicant, shall not renew a license to the licensee applying for renewal, or shall revoke a current licensee's

license.

History: Add. 2005, Act 128, Eff. Jan. 1, 2006;Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007;Am. 2017, Act 256, Eff. Mar. 28,

2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115h Application for or to renew license to operate foster family home or foster family

group home; criminal history check required; procedures.

Sec. 5h. (1) Except as provided in subsection (6), when a person applies for or to renew a license to operate

a foster family home or foster family group home under this act, the department shall request the department

of state police to perform a criminal history check on that person.

(2) Each person applying for a license to operate a foster family home or foster family group home shall

give written consent at the time of application for the department of state police to conduct a criminal history

check required under this section. The department shall require the person to submit his or her fingerprints to

the department of state police and the Federal Bureau of Investigation for the criminal history check described

in subsection (1).

(3) The department shall request a criminal history check required under this section on a form and in the

manner prescribed by the department of state police.

(4) Within a reasonable time after receiving a complete request by the department for a criminal history

check on a person under this section, the department of state police shall conduct the criminal history check

and provide a report of the results to the department. The report shall contain any criminal history record

information on the person maintained by the department of state police and the Federal Bureau of

Investigation.

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(5) The department of state police may charge the department a fee for a criminal history check required

under this section that does not exceed the actual and reasonable cost of conducting the check.

(6) If a person applying to renew a license to operate a foster family home or foster family group home

under this act has previously undergone a criminal history check required under subsection (1) and has

continuously maintained a license to operate a foster family home or foster family group home under this act

after the criminal history check has been performed, that person is not required to submit to another criminal

history check upon renewal of the license obtained to operate a foster family home or foster family group

home under this act.

History: Add. 2007, Act 218, Eff. Jan. 1, 2008;Am. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care

home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory

affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115i Arraignment or conviction of licensee operating foster family home or foster family

group home; report; crimes; violation; person not convicted; deletion of information from

records.

Sec. 5i. (1) A person to whom a license to operate a foster family home or foster family group home has

been issued under this act shall report to the department within 3 business days after he or she has been

arraigned for or convicted of 1 or more of the following crimes and within 3 business days after he or she

knows or should reasonably know that an adult member of the household has been arraigned for or convicted

of 1 or more of the following crimes:

(a) Any felony.

(b) Any of the following misdemeanors:

(i) Criminal sexual conduct in the fourth degree or an attempt to commit criminal sexual conduct in the

fourth degree.

(ii) Child abuse in the third or fourth degree or an attempt to commit child abuse in the third or fourth

degree.

(iii) A misdemeanor involving cruelty, torture, or indecent exposure involving a child.

(iv) A misdemeanor violation of section 7410 of the public health code, 1978 PA 368, MCL 333.7410.

(v) A violation of section 115, 141a, 145a, 335a, or 359 of the Michigan penal code, 1931 PA 328, MCL

750.115, 750.141a, 750.145a, 750.335a, and 750.359, or a misdemeanor violation of section 81, 81a, or 145d

of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and 750.145d.

(vi) A misdemeanor violation of section 701 of the Michigan liquor control code of 1998, 1998 PA 58,

MCL 436.1701.

(vii) Any misdemeanor that is a listed offense.

another state, or of the United States.

(2) A person who violates subsection (1) is guilty of a crime as follows:

(a) If the person violates subsection (1) and the crime involved in the violation is a misdemeanor that is a

listed offense or is a felony, the person is guilty of a felony punishable by imprisonment for not more than 2

years or a fine of not more than $2,000.00, or both.

(b) If the person violates subsection (1) and the crime involved in the violation is a misdemeanor that is not

a listed offense, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year

or a fine of not more than $1,000.00, or both.

(3) The department shall delete from the licensee's records all information relating to an arraignment

required to be reported under this section if the department receives documentation that the person arraigned

for the crime is subsequently not convicted of any crime after the completion of judicial proceedings resulting

from that arraignment.

History: Add. 2007, Act 218, Eff. Jan. 1, 2008;Am. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care

home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory

Rendered Tuesday, August 27, 2024 Page 28 Michigan Compiled Laws Complete Through PA 122 of 2024

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Courtesy of www.legislature.mi.gov

affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115j Criminal history background check performed by department.

Sec. 5j. (1) When a person applies for or to renew a license to operate a foster family home or foster family

group home under this act, the department shall perform a criminal history background check on an adult

member of the household using the department of state police's internet criminal history access tool (ICHAT).

This section does not apply to a person residing in the home for a period of not more than 14 days.

(2) If a search of the department of state police's ICHAT reveals that an adult member of the household has

been convicted of a listed offense, the department shall not issue a license to the applicant, shall not renew a

license to the licensee applying for renewal, or shall revoke a current licensee's license.

History: Add. 2007, Act 218, Eff. Jan. 1, 2008;Am. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care

home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory

affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115k Storage and retention of fingerprints in automated fingerprint identification system

database; automatic notification.

Sec. 5k. (1) The department of state police shall store and retain all fingerprints submitted under this act in

an automated fingerprint identification system database that provides for an automatic notification at the time

a subsequent criminal arrest fingerprint card submitted into the system matches a set of fingerprints

previously submitted in accordance with this act. Upon that notification, the department of state police shall

immediately notify the department and the department shall immediately contact the respective child care

organization with which that individual is associated. Except for child placing agencies and child caring

institutions, the criminal history record information must only be released to the individual to whom the

criminal history record information pertains. Information in the database retained under this section is

confidential, is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246, and must not be disclosed to any person except for purposes of this act or for law enforcement

purposes.

(2) When the department of state police is able to participate with the Federal Bureau of Investigation's

automatic notification system similar to the system administered by the department of state police under

subsection (1), all fingerprints submitted to the Federal Bureau of Investigation may be stored and retained.

When a subsequent criminal arrest fingerprint card submitted into the system matches a set of fingerprints for

an individual retained in accordance with this act, the department of state police shall immediately notify the

department. The department shall immediately contact the child care organization with which the individual is

associated if a conviction results from the arrest. Except for child placing agencies and child caring

institutions, the criminal history record information must only be released to the individual to whom the

criminal history record information pertains.

History: Add. 2007, Act 218, Eff. Jan. 1, 2008;Am. 2017, Act 256, Eff. Mar. 28, 2018;Am. 2020, Act 10, Imd. Eff. Jan. 27,

2020.

Compiler's note: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care

home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory

affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

Rendered Tuesday, August 27, 2024 Page 29 Michigan Compiled Laws Complete Through PA 122 of 2024

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Courtesy of www.legislature.mi.gov

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115l Person making report, cooperating in investigation, or assisting in other

requirement; immunity from liability; confidentiality; anonymous complaint; false report.

Sec. 5l. (1) A person acting in good faith who makes a report, cooperates in an investigation, or assists in

any other requirement of this act is immune from civil or criminal liability that might otherwise be incurred

by that action. A person making a report or assisting in any other requirement of this act is presumed to have

acted in good faith. This immunity from civil or criminal liability extends only to an act performed according

to this act for reporting a potential violation or assisting or cooperating with the department in an investigation

conducted by the department.

(2) Except as provided in section 10(3), the identity of a person making a report and cooperating with or

assisting the department relative to that report under this act is confidential, subject only to disclosure with the

consent of that person or by judicial process.

(3) If the department receives a complaint by an individual remaining anonymous, the department may

take no action on the complaint if the complaint does not include sufficient information to reasonably

investigate.

(4) A person who intentionally makes a false report to the department regarding a child care organization

that causes the department to initiate a special investigation that the department classifies as high-risk for

which the child care organization is required to send notice under section 3f is guilty of a crime as follows:

(a) If the incident reported would not constitute a crime or would constitute a misdemeanor if the report

were true, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a

fine of not more than $100.00, or both.

(b) If the incident reported would constitute a felony if the report were true, the person is guilty of a felony

punishable by the lesser of the following:

(i) The penalty for the incident falsely reported.

(ii) Imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

History: Add. 2008, Act 15, Eff. June 1, 2008;Am. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care

home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory

affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115m Child care center, group child care home, or family child care home; requirements

for licensure; disclosure of ownership interest.

Sec. 5m. (1) This section and sections 5n to 5s apply only to a child care center, group child care home, or

family child care home.

(2) A person, local or state governmental organization, trust, or legal entity shall not establish or maintain a

child care center, group child care home, or family child care home unless licensed by the department.

Application for a child care center, group child care home, or family child care home license must be made on

forms provided, and in the manner prescribed, by the department, including the fees required under subsection

(11). Before issuing or renewing a child care center, group child care home, or family child care home license,

the department must investigate the applicant's activities and proposed standards of care and must make an

on-site visit of the proposed or established child care center, group child care home, or family child care

home. Except as otherwise provided in this subsection and sections 5q and 5r, if the department is satisfied as

to the need for a child care center, group child care home, or family child care home, as to its financial

stability, and that the service, facility, applicant, licensee, child care staff member, or member of the

household is conducive to the welfare of the children, the department shall issue or renew the child care

center, group child care home, or family child care home license. If the department determines that a service,

facility, applicant, licensee, child care staff member, or member of the household is not conducive to the

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welfare of the children, the department shall deny that application or revoke that licensee's license according

to section 11.

(3) An applicant for a child care center license must disclose the ownership interest in the child care center

as follows:

(a) If the owner is a trust, the applicant must disclose the names and addresses of all the trustees.

(b) If the owner is a privately held corporation, the applicant must disclose the names and addresses of all

shareholders, officers, and directors.

officers and directors and all shareholders holding a direct or indirect interest of greater than 5%.

(d) If the owner is a partnership or limited liability partnership, the applicant must disclose the names and

addresses of all the partners.

(e) If the owner is a limited partnership or limited liability limited partnership, the applicant must disclose

the names and addresses of all partners, both general and limited.

(f) If the owner is a limited liability company, the applicant must disclose the names and addresses of all

members and managers.

(g) If the owner is a legal entity not covered under subdivisions (a) to (f), the applicant must disclose the

names and address of all individuals that participate in governance for the legal entity.

(4) To assess whether the service, facility, applicant, licensee, child care staff member, or member of the

household is conducive to the welfare of the children, the department may utilize available information,

including, but not limited to, any of the following:

(a) Investigative report, such as a law enforcement report and a children's protective services report.

(b) Medical report.

(d) Child care center, group child care home, or family child care home record.

(e) Inspection of the child care center, group child care home, or family child care home.

(5) The department may use information obtained under section 5k to obtain reports prepared

independently for police, law enforcement, or other purposes to make a determination under this section.

(6) The department shall issue a group child care home or family child care home license to a person who

has successfully completed an orientation session offered by the department and who meets the requirements

of this act. The department must make available to group child care home or family child care home

applicants for licensure an orientation session regarding this act, the rules promulgated under this act, and the

needs of children in child care before issuing a group child care home or family child care home license.

(7) Except as provided in subsection (2), the department shall issue an original or renewal license under

this act for a child care center, group child care home, or family child care home not later than 6 months after

the applicant files a completed application. Receipt of the application is considered the date the application is

received by the department. If the application is considered incomplete by the department, the department

must notify the applicant in writing or make notice electronically available within 30 days after receipt of the

incomplete application, describing the deficiency and requesting additional information. If the department

identifies a deficiency or requires the fulfillment of a corrective action plan, the 6-month period is tolled until

either of the following occurs:

(a) Upon notification by the department of a deficiency, until the date the requested information is received

by the department.

(b) Upon notification by the department that a corrective action plan is required, until the date the

department determines the requirements of the corrective action plan have been met.

(8) The determination of the completeness of an application is not an approval of the application for the

license and does not confer eligibility on an applicant determined otherwise ineligible for issuance of a

license.

(9) Except as provided in subsection (2), if the department fails to issue, deny, or refuse to renew a license

to a child care center, group child care home, or family child care home within the time required by this

section, the department must return the application fee required under subsection (11) and shall reduce the

application fee for the applicant's next renewal application, if any, by 15%. Failure to issue, deny, or refuse to

renew a license to a child care center, group child care home, or family child care home within the time period

required under this section does not allow the department to otherwise delay the processing of the application.

A completed application shall be placed in sequence with other completed applications received at that same

time. The department shall not discriminate against an applicant in processing of an application based on the

fact that the application fee was refunded or discounted under this subsection.

(10) If, on a continual basis, inspections performed by a local health department delay the department in

issuing or denying a license for a child care center, group child care home, or family child care home under

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this act within the 6-month period, the department may use department staff to complete the inspection

instead of the local health department causing the delays.

(11) The department shall assess fees as provided in the following schedule:

(a) Family child care home license, $50.00 for an original license application and $25.00 for renewal.

(b) Group child care home license, $100.00 for an original license application and $50.00 for renewal.

$75.00 for renewal.

(d) Child care center license with a capacity of 21 to 50, $200.00 for an original license application and

$100.00 for renewal.

(e) Child care center license with a capacity of 51 to 100, $250.00 for an original license application and

$125.00 for renewal.

(f) Child care center license with a capacity of over 100, $300.00 for an original license application and

$150.00 for renewal.

(12) The department shall use the fees collected under this section only to fund the program licensing child

care centers, group child care homes, and family child care homes. Funds remaining at the end of the fiscal

year shall not lapse to the general fund but shall remain available to fund the program in subsequent years.

(13) Fees described in this section are payable to the department at the time an application is submitted for

original issuance or renewal. If a license is denied, revoked, or refused renewal, or an application is rejected

as provided in section 15(4), the department shall not refund fees paid to the department.

(14) As used in this section:

(a) "Completed application" means an application complete on its face and submitted with any applicable

fees as well as any other information, records, approval, security, or similar item required by law or rule from

a local unit of government, a federal agency, a state department or agency of another state, or a private entity

but not from another department or agency of this state. A completed application does not include a health

inspection performed by a local health department.

(b) "Conducive to the welfare of the children" means:

(i) The service and facility comply with this act and the administrative rules promulgated under this act.

(ii) The disposition, temperament, condition, and action of the applicant, licensee, licensee designee,

program director, child care staff member, and member of the household promote the safety and well-being of

the children served.

History: Add. 2017, Act 258, Eff. Mar. 28, 2018;Am. 2022, Act 107, Imd. Eff. June 23, 2022.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115n Application for or renewal of license to operate child care center, group child care

home, or family child care home; household member or child care staff member; criminal

history check; requirements; duties of department.

Sec. 5n. (1) Except as otherwise provided in subsection (13), when a person, partnership, firm, corporation,

association, governmental organization, or nongovernmental organization applies for or applies to renew a

license to operate a child care center, group child care home, or family child care home under section 5m and

before a group child care home or family child care home allows an individual to be a member of the

household, or a child care center, group child care home, or family child care home allows an individual to

become a child care staff member, the department shall do all of the following:

(a) Review its database of individuals with previous disciplinary action within a child care center, group

child care home, or family child care home or an adult foster care facility.

(b) Conduct a search of the individual through the national sex offender registry.

residence in the past 5 years.

(d) Request that the department of state police perform a criminal history check on the individual, child

care staff member, or adult member of the household.

(2) If the individual, child care staff member, or adult member of the household has resided out of the

United States within the preceding 5 years, equivalent clearances of those described in subsection (1)(b) and

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(d) and section 5q from each country must be provided, if available. If the country does not have the

equivalent clearance, the individual must sign a self-certifying statement that he or she is not ineligible to

receive a license, to be an adult member of the household, or to be a child care staff member as prescribed by

sections 5q and 5r. An individual who provides or is determined to have provided false information or

knowingly omits information in the self-certification statement is ineligible for that application.

(3) Each individual listed in subsection (1) shall give written consent at the time of the license application

and before a group child care home or family child care home allows an individual to be a member of the

household, or before becoming a child care staff member to allow the department of state police to conduct

the criminal history check required under subsection (1). The department shall require the individual to

submit his or her fingerprints to the department of state police and the Federal Bureau of Investigation for the

criminal history check as required in subsection (1).

(4) The department shall request a criminal history check required under this section on a form and in the

manner prescribed by the department of state police.

(5) Within a reasonable time after receiving a complete request for a criminal history check on a person

under this section, the department of state police shall conduct the criminal history check and provide a report

of the results to the department. The report shall contain any criminal history record information on the person

maintained by the department of state police and the Federal Bureau of Investigation.

(6) The department of state police may charge the department a fee for a criminal history check required

under this section that does not exceed the actual and reasonable cost of conducting the check. The

department may pass along to the individual fingerprinted the actual cost or fee charged by the department of

state police, the Federal Bureau of Investigation, or a vendor approved by the department of state police for

performing a criminal history check required under this section.

(7) The department shall provide whether the individual is eligible or ineligible as provided by sections 5q

and 5r within 45 days after the date on which the request was submitted.

(8) The individual may serve as a child care staff member pending the results of the record and database

checks required by this section and section 5q if the individual is supervised at all times.

(9) Within 45 days after the date on which the request was submitted, the department shall provide a

statement to the child care center, group child care home, or family child care home that indicates whether the

individual is eligible or ineligible to be, a licensee, an adult member of the household, or a child care staff

member as provided under sections 5q and 5r without revealing any disqualifying crime or other related

information regarding the individual.

(10) If the individual is ineligible due to the records or database checks required under this section and

section 5q, the department shall provide information related to each disqualifying item in a report to the

individual who has been determined ineligible.

(11) An individual who has been determined to be ineligible as provided under sections 5q and 5r may

request a redetermination by the department if he or she believes that the basis for the ineligible determination

is inaccurate. The individual shall file the request for redetermination with the department within 30 calendar

days after receiving the written notice that he or she was determined to be ineligible. If an individual has been

determined to be ineligible based upon a conviction that has been expunged or set aside or a central registry

case that has been expunged, the individual shall provide the supporting court, law enforcement, or

department of health and human services, or equivalent department from another state, documents along with

the request for redetermination. The individual shall not be determined to be ineligible based upon a

conviction that has been set aside or expunged or a central registry case that has been expunged. The

department shall review the request and issue a written decision within 30 business days after receiving the

request for redetermination. The decision of the department is final.

(12) Each ineligible individual shall be given instructions about how to complete the request for

redetermination process as provided in subsection (11).

(13) Except as otherwise provided in this subsection, not later than September 30, 2017, every child care

center licensee, group child care home licensee, family child care home licensee, child care staff member, and

adult member of the household shall submit his or her fingerprints to the department of state police and the

Federal Bureau of Investigation in order to carry out the records and database checks required under this

section and section 5q. If the department of education obtains an extension on the implementation of this

program from the federal government, the provisions of this section may be implemented no later than

September 30, 2018.

(14) If a licensee, licensee designee, or program director of a child care center, group child care home, or

family child care home applying for a new license or to renew a license to operate a child care center, group

child care home, or family child care home has previously undergone a criminal history check required under

subsections (1) and (13) and has remained continuously licensed after the criminal history check has been

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performed, that licensee, licensee designee, or program director of a child care center, group child care home,

or family child care home is not required to submit to another criminal history check upon renewal of, or

application for, the license obtained under this act.

(15) Upon consent of an applicant as required in subsection (3) and upon request from a child care center,

group child care home, or family child care home, the department shall review the information received from

the criminal history check, if any, and notify the requesting child care center, group child care home, or

family child care home of the information in the manner prescribed in subsection (7). Until the Federal

Bureau of Investigation implements an automatic notification system as outlined in section 5k, a child care

center, group child care home, or family child care home may rely on the criminal history record information

provided by the department under this subsection and a new request as provided under this section is not

necessary if all of the following requirements are met:

(a) The criminal history check was conducted during the immediately preceding 5-year period.

(b) The applicant has been continuously employed by a child care center, group child care home, or family

child care home since the criminal history check was conducted in compliance with this section.

this state for the immediately preceding 5-year period.

(16) The checks and clearances required in subsection (1)(a) to (c) and section 5q shall be updated at least

every 5 years if the individual has been continuously licensed, has continuously been serving as a child care

staff member, or has continuously been an adult member of the household.

History: Add. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115o Operation of child care center, group child care home, or family child care home;

criminal history check; issuance of license prohibited; revocation.

Sec. 5o. (1) Except as provided in section 5n(14), the department shall not issue a license to operate a child

care center, group child care home, or family child care home under this act without requesting a criminal

history check as required by section 5n.

(2) If a criminal history check performed under section 5n or information obtained as a result of

notification from the department of state police under section 5k reveals that an applicant for a license to

operate a child care center under this act has been convicted of a crime as described in section 5r, the

department shall not issue a license to that applicant.

(3) If a criminal history check performed under section 5n or information obtained as a result of

notification from the department of state police under section 5k reveals that an applicant for renewal of a

license to operate a child care center under this act has been convicted of a crime as described in section 5r,

the department shall not renew that license.

(4) If a criminal history check performed under section 5n or information obtained as a result of

notification from the department of state police under section 5k reveals that a current child care center

licensee has been convicted of a crime as described in section 5r, the department shall revoke the license of

that licensee.

(5) If a criminal history check performed under section 5n or information obtained as a result of

notification from the department of state police under section 5k reveals that an applicant for a license to

operate a group child care home or family child care home under this act or an adult member of the household

has been convicted of a crime as described in section 5r, the department shall not issue a license to that

applicant.

(6) If a criminal history check performed under section 5n or information obtained as a result of

notification from the department of state police under section 5k reveals that an applicant for renewal of a

license to operate a group child care home or family child care home under this act or an adult member of the

household has been convicted of a crime as described in section 5r, the department shall not renew a license

to that applicant.

(7) If a criminal history check performed under section 5n or information obtained as a result of

notification from the department of state police under section 5k reveals that a current group child care home

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or family child care home licensee under this act or an adult member of the household has been convicted of a

crime as described in section 5r, the department shall revoke that licensee's license.

History: Add. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115p Child care center, group child care home, or family child care home; potential or

current child care staff member convicted of crime.

Sec. 5p. (1) Except as provided in section 5n(14) and (15), a child care center, group child care home, or

family child care home shall not allow an individual to be a child care staff member without requesting a

criminal history check as required by section 5n.

(2) If a criminal history check performed under section 5n or information obtained as a result of

notification from the department of state police under section 5k reveals that a potential or current child care

staff member has been convicted of a crime as described in section 5r, the department shall notify the child

care center, group child care home, or family child care home. The child care center, group child care home,

or family child care home shall not allow the individual to be a child care staff member.

History: Add. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115q Child care center, group child care home, or family child care home; contact with

child by licensee, child care staff member, or household adult member prohibited;

conditions.

Sec. 5q. (1) Except as provided in section 5n(8), a licensee, child care staff member, or adult member of

the household may not have contact with a child who is in the care of a child care center, group child care

home, or family child care home, until the department obtains documentation from the department of health

and human services that he or she has not been named in a central registry case as the perpetrator of child

abuse or child neglect. Upon request by the department, the licensee, child care staff member, or adult

member of the household shall provide the department with an updated authorization for a central registry

clearance. If a central registry clearance documents that a licensee, child care staff member, or adult member

of the household is named in a central registry case as a perpetrator of child abuse or child neglect, he or she

is ineligible to receive a license to operate a child care center, group child care home, or family child care

home, be an adult member of the household, or be a child care staff member.

(2) If the licensee, child care staff member, or adult member of the household has resided outside of this

state as an adult within the 5 years immediately preceding the date of application for a license, or the date that

he or she was hired as a child care staff member or resided in a group child care home or family child care

home, except as provided in section 5n(8), the individual may not have contact with a child who is in the care

of a child care center, group child care home, or family child care home until the department obtains

documentation equivalent to the department of health and human services central registry clearance for the

states of previous residence that he or she has not been named in a central registry case as the perpetrator of

child abuse or child neglect. If the documentation equivalent to the department of health and human services

central registry clearance for the states of previous residence indicates that the individual is named as a

perpetrator of child abuse or child neglect, the individual is ineligible to receive a license, be an adult member

of the household, or be a child care staff member.

(3) Each child care center, group child care home, or family child care home that has volunteers on site

shall establish and maintain a policy regarding supervision of volunteers including volunteers who are parents

of a child receiving care at the child care center, group child care home, or family child care home.

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(4) As used in this section, "child abuse" and "child neglect" mean those terms as defined in section 2 of

the child protection law, 1975 PA 238, MCL 722.622.

History: Add. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115r Individual required to undergo criminal history check or database check; individual

ineligible to receive license, be adult member of household, or be child care staff member;

conditions.

Sec. 5r. (1) An individual required to undergo a criminal history check as described in section 5n is

ineligible for that application only, to receive a license, be an adult member of the household or be a child

care staff member if the individual does either of the following:

(a) Refuses to consent to the criminal history check or central registry check as required under section 5q.

(b) Knowingly makes a materially false statement or knowingly omits information in connection with a

criminal history check or central registry check as required under section 5q.

(2) An individual required to undergo a database check as required under section 5n(1)(a) who has a

confirmed history of disciplinary action or violations as outlined in section 11(5) and (6) may be considered

ineligible to receive a license, be an adult member of the household, or be a child care staff member.

(3) An individual required to undergo a criminal history check as described in section 5n is ineligible to

receive a license, be an adult member of the household, or be a child care staff member if the individual

satisfies 1 or more of the following:

(a) Is registered, or is required to be registered, on a state sex offender registry or repository or the national

sex offender registry.

(b) Has been convicted of a felony consisting of 1 or more of the following or any other state or federal

equivalent:

(i) Murder or homicide.

(ii) Child abuse or child neglect.

(iii) A crime against a minor child, including, but not limited to, child pornography.

(iv) Spousal abuse or domestic violence.

(v) A crime involving rape or sexual assault.

(vi) Kidnapping.

(vii) Arson.

(viii) Physical assault or battery.

(ix) Human trafficking or involuntary servitude.

the following crimes:

(i) Child abuse.

(ii) Child endangerment.

(iii) Sexual assault.

(d) Has been convicted of a misdemeanor involving child pornography.

(4) An individual required to undergo a criminal history check as described in section 5n is ineligible to

receive a license, be an adult member of the household, or be a child care staff member if the individual has

been convicted of 1 or more of the following felonies, an attempt or conspiracy to commit 1 or more of the

following felonies, or any other state or federal equivalent, unless 10 years have lapsed since the conviction,

before the date of application or before the date a group child care home or family child care home allows an

individual to be an adult member of the household, or a child care center, group child care home, or family

child care home allows an individual to be a child care staff member:

(a) A felony involving harm or threatened harm to an individual.

(b) A felony involving the use of a firearm or dangerous weapon.

(d) A felony involving a substantial misrepresentation of any material fact, bribery, fraud, larceny,

embezzlement, theft, home invasion, breaking and entering, receiving and concealing stolen property or a

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crime of similar statute.

(e) A felony involving operating a motor vehicle while intoxicated or impaired causing serious injury or

death.

(f) A felony involving the use of a computer or the internet to commit a crime.

(g) A felony involving cruelty to animals, including, but not limited to, fighting, killing, torturing, and

abandoning.

(h) A felony involving aggravated stalking, aggravated indecent exposure, indecent exposure by a sexually

delinquent person, pandering, transporting an individual for prostitution, and keeping, maintaining, or

operating a house of ill fame.

(i) A felony as a habitual offender.

(5) An individual required to undergo a criminal history check as described in section 5n is ineligible to

receive a license, be an adult member of the household, or be a child care staff member if the individual has

been convicted of a felony drug offense, an attempt or conspiracy to commit a felony drug offense, or any

other state or federal equivalent, unless 7 years have lapsed since the conviction before the date of application

or before the date a group child care home or family child care home allows an individual to be an adult

member of the household or a child care center, group child care home, or family child care home allows an

individual to be a child care staff member.

(6) An individual required to undergo a criminal history check as described in section 5n is ineligible to

receive a license, be an adult member of the household, or be a child care staff member if the individual has

been convicted of 1 or more of the following misdemeanors, an attempt or conspiracy to commit any of those

misdemeanors, or any other state or federal equivalent, unless 5 years have lapsed since the conviction before

the date of application or before the date a group child care home or family child care home allows an

individual to be an adult member of the household or a child care center, group child care home, or family

child care home allows an individual to be a child care staff member:

(a) A misdemeanor involving operating under the presence of a controlled substance, use or possession of

a controlled substance, and selling or furnishing a controlled substance to a minor.

(b) A misdemeanor involving using computers to commit a crime, a substantial misrepresentation of a

material fact, embezzlement, breaking and entering, and any other fraudulent crime except retail fraud in the

third degree, petty theft, or shoplifting.

harboring runaways, aiding and abetting, and arson.

History: Add. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.115s Individual previously reviewed and approved before effective date of amendatory

act; request for redetermination.

Sec. 5s. (1) If an individual was previously reviewed and approved by the department as a licensee of a

child care center or group child care home, as a registrant of a family child care home, as a licensee designee

or program director for a child care center, or as an adult member of the household before the effective date of

the amendatory act that added this section, the department may find the individual to be eligible to receive a

license under this section, eligible to be a member of the household, or eligible to be a child care staff member

if all of the following apply:

(a) The offense was previously known and approved by the department before the effective date of the

amendatory act that added this section.

(b) The offense is not listed in section 5r(3).

active child care center license, group child care home license, or family child care home registration since the

date of approval.

(2) An individual determined to be ineligible under section 5r, excluding section 5r(3), who was a licensee,

child care staff member, or adult member of the household at the time the records and database checks

required under section 5n were completed, may request a redetermination of his or her eligibility. A

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redetermination must be requested in writing by the individual determined to be ineligible within 30 days

after receipt of that determination. The request for a redetermination must include all evidence of

rehabilitation that the individual wishes the department to consider. The department has 60 days, after all

requested information has been received by the department, to respond in writing with the recommendation

for the redetermination. The decision of the director is final.

History: Add. 2017, Act 256, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.116 Evaluation of governmental child care organizations; report; state funds.

Sec. 6. (1) The department of health and human services and its local county department of health and

human services offices similar to those organizations required to be licensed under this act shall be evaluated

and approved at least once every 2 years, using this act and rules promulgated under this act for similar

organizations licensed under this act.

(2) A report of the evaluation or inspection shall be furnished to the funding body for each governmental

child care organization. Unless governmental child care organizations continue to meet the appropriate

statutory requirements and administrative rules, state funds shall not be appropriated or provided for their

continued operation. This subsection does not apply to the department of health and human services or a local

county department of health and human services office.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.116a Annual comprehensive needs assessment.

Sec. 6a. (1) Beginning January 1, 2023, and every January 1 after that, the department must conduct a

comprehensive needs assessment regarding utilizing residential treatment and the needs of youth who are

referred to this type of treatment. The assessment must identify the types of beds currently being utilized and

the types of beds needed, the age group, gender, and geographic region of youth receiving these treatment

services and those in need of the treatment services.

(2) As the department identifies needs of foster youth through the assessment required in subsection (1),

the department must work with community partners to assist providers in meeting the identified needs of the

foster youth.

History: Add. 2022, Act 203, Imd. Eff. Oct. 7, 2022.

Compiler's note: For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care

centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to

MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.117 Original license; renewal or refusal to renew; modification to provisional license.

Sec. 7. An original license shall be issued to a new child care organization during the first 6 months of

operation. An original license expires 6 months after the date of issuance. The renewal of an original license

is contingent upon the submission of a new application and approval by the department. At the end of the first

6 months of operation, the department shall either renew as a regular license or refuse to renew the original

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license as provided in section 11 or modify to a provisional license as provided under section 7a(3).

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 2017, Act 258, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.117a Provisional license.

Sec. 7a. (1) A provisional license may be issued to a child care organization that is temporarily unable to

conform to the rules. The issuance of a provisional license shall be contingent upon the submission to the

department of an acceptable plan to overcome the deficiency present in the child care organization within the

time limitations of the provisional licensing period.

(2) A provisional license expires 6 months after the date of issuance and may be issued not more than 3

times. The renewal of a provisional license shall be contingent upon the submission of a new application and

approval by the appropriate department. At the end of the 6 months, the department shall either issue a regular

license, refuse to renew the license as provided in section 11, or modify to a provisional license as provided in

this section.

(3) The department may modify the license of a child care organization to a provisional license when the

licensee willfully and substantially violates this act, the rules promulgated under this act, or the terms of the

license. A license cannot be modified unless the licensee is given written notice of the grounds of the

proposed modification. If the proposed modification is not appealed, the license will be modified. The

proposed modification must be appealed within 30 days after receipt by writing the director or director's

designee. Upon receipt of the appeal, the director or director's designee must initiate the provisions of

chapters 4 and 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.292. Notice of

a hearing must be given to the licensee by personal service or delivery to the proper address by certified mail

not less than 2 weeks before the date of the hearing. The decision of the director must be made as soon as

practicable after the hearing and forwarded to the licensee by certified mail not more than 10 days after that.

The formal notice and hearing requirement in this subsection does not apply if the licensee and the department

comply with subsection (4).

(4) The department may immediately modify a license without providing written notice of the grounds of

the proposed action or giving the licensee 30 days to appeal if the licensee, in writing, does the following:

(a) Waives the requirement that the department provide written notice of the grounds for the proposed

action.

(b) Waives the 30-day time frame in which to submit a written appeal to the proposed action.

1969, 1969 PA 306, MCL 24.271 to 24.292.

(5) As used in this section:

(a) "Substantially violates" means repeated violations or noncompliance of this act, a rule promulgated

under this act, or the terms of a license that jeopardizes the health, safety, care, treatment, maintenance, or

supervision of individuals receiving services or, in the case of an applicant, individuals who may receive

services.

(b) "Willfully violates" means, after receiving a copy of the act, the rules promulgated under the act and,

for a license, a copy of the terms of a license, or a previous citation for a violation of this act or a rule

promulgated under this act, a licensee or an applicant knew or had reason to know that his or her conduct was

a violation of the act, rules promulgated under the act, or the terms of a license.

History: Add. 2017, Act 258, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

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E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.118 Regular license; renewal; duration; contents; reissuance; extended license.

Sec. 8. (1) A regular license is effective for 2 years after the date of issuance unless revoked or refused

renewal as provided in section 11 or modified to a provisional as provided in section 7a. Unless the license is

an extended license obtained under subsection (4), a license must be renewed biennially on application and

approval. A license shall specify in general terms the kind of child care organization the licensee may

undertake, and the number, and ages of children that can be received and maintained.

(2) The department may accept a licensee's written request to close a license if the department does not

have an active investigation against the licensee or is not pursuing revocation or refusal to renew as provided

in section 11.

(3) A certification of registration issued by the department before March 28, 2018 shall be reissued as a

license. The reissuance must be completed in the manner determined by the department by March 28, 2019.

(4) Beginning January 1, 2023, the department shall issue an extended license to a foster family home or

foster family group home under the following conditions:

(a) The foster family home or foster family group home has been licensed for, at least, 1 year.

(b) The foster family home or foster family group home is in good standing with the department.

(5) An extended license provided under subsection (4) is effective for 3 years after the date of issuance

unless revoked or refused renewal as provided in section 11 or modified to a provisional as provided in

section 7a. An extended license must be renewed every 3 years on application and approval.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1980, Act 32, Imd. Eff. Mar. 10, 1980;Am. 1980, Act 232, Imd. Eff. July 20,

1980;Am. 2017, Act 258, Eff. Mar. 28, 2018;Am. 2022, Act 205, Imd. Eff. Oct. 7, 2022.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.118a Assessment of child care organization compliance with act and rules; assessment

of foster family home or foster family group home; certification; on-site evaluation.

Sec. 8a. (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 shall make an on-site evaluation of a child

care organization at least once a year.

(2) The department may authorize a child placing agency or governmental unit to periodically assess a

licensed foster family home or a licensed foster family group home under subsection (1) and to certify that the

foster family home or the foster family group home continues to comply with this act and the rules

promulgated under this act. A periodic assessment of a licensed foster family home or a licensed foster family

group home under this subsection may include an on-site evaluation of the child care organization.

History: Add. 1980, Act 32, Imd. Eff. Mar. 10, 1980;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

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Popular name: Child Care Licensing Act

722.118b Regulation of foster family homes or foster family group homes; variance.

Sec. 8b. (1) Upon the recommendation of a local foster care review board under section 7a of 1984 PA

422, MCL 722.137a, or of a child placing agency, the department may grant a variance to 1 or more licensing

rules or statutes regulating foster family homes or foster family group homes for 1 or more of the following

reasons:

(a) To allow the child and 1 or more siblings to remain or be placed together.

(b) To allow a child with an established meaningful relationship with the family to remain with the family.

(2) If the department determines that the placement would be in the child's best interests and that the

variance from the particular licensing rules or statutes would not jeopardize the health or safety of a child

residing in the foster family home or foster family group home, the department may grant the variance.

(3) The department's grant of a variance does not change a private home's licensure status.

History: Add. 1997, Act 165, Eff. Mar. 31, 1998;Am. 2017, Act 257, Eff. Mar. 28, 2018;Am. 2020, Act 7, Imd. Eff. Jan. 27,

2020.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.118c License; issuance to specific person or organization; location; nontransferable;

property of department.

Sec. 8c. A license shall be issued to a specific person or organization at a specific location, shall be

nontransferable, and shall remain the property of the department.

History: Add. 2017, Act 258, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.118d Applicability of licensing requirements for certain services under safe families for

children act.

Sec. 8d. A service provided under the safe families for children act by an organization licensed under this

act as a child placing agency is not subject to the licensing requirements under this act.

History: Add. 2018, Act 433, Eff. Mar. 20, 2019.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.118e Licensure and notification requirements for child care centers within a multiple

occupancy building; rescission of R 400.8560.

Sec. 8e. (1) Within 90 days after the effective date of this section, a child care center that is currently

licensed and located in a multiple occupancy building shall, in a form and manner as prescribed by the

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department, notify the department if there has been any change in occupancy or use by occupants within the

building since its license was issued. Beginning 90 days after the effective date of this section, the department

shall require each applicant seeking licensure as a child care center within a multiple occupancy building to

clearly state on the application that it will be located within a multiple occupancy building and describe the

nature and character of each of the other occupants and the occupant use within that multiple occupancy

building.

(2) Before issuing or renewing a license or provisional license under this act to a child care center located

within a multiple occupancy building, the department shall inspect the location to verify that reasonable

mitigation measures are in place to protect the health, safety, and well-being of children who are under the

care of the child care center. As a condition of licensure for a child care center located within a multiple

occupancy building, the department may require the child care center to do all of the following:

(a) Use reasonable measures to mitigate any significant risk associated with other occupants within the

multiple occupancy building.

(b) Ensure the child care center is self-contained, with bathrooms located within the child care center.

(d) Ensure the child care center is separated from hazardous operations.

(e) If alcohol is served within the multiple occupancy building, ensure that alcohol is not transported or

consumed within the child care center during hours of child care center operation.

(f) If an outdoor area is available and shared, ensure that there is a set schedule to keep the children

separate from other occupants of that building.

(g) Satisfy any other reasonable staffing, program, or operational requirements that the department

determines are necessary to protect children within the care of that child care center from any serious risk of

harm that may stem from being located within a multiple occupancy building.

(h) Require the licensee to notify the department within 90 days of a change of occupants or occupant use

within that building.

(3) The child care center hours of operation do not determine the hours of operation for the other occupants

of a multiple occupancy building, including, but not limited to, occupants that serve alcohol.

(4) R 400.8560 of the Michigan Administrative Code is rescinded.

History: Add. 2022, Act 113, Imd. Eff. June 23, 2022.

Compiler's note: For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care

centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to

MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

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; administrative review for former applicant or licensee; expungement; criminal

history check.

Sec. 9. (1) A licensee, adult member of the household, licensee designee, chief administrator, or program

director of a child care organization shall not be present in a child care organization if he or she has been

convicted of either of the following:

(a) Child abuse under section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b, or neglect

under section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145.

(b) A felony involving harm or threatened harm to an individual within the 10 years immediately preceding

the date of hire or appointment or of becoming a member of the household.

(2) A staff member or unsupervised volunteer shall not have contact with children who are in the care of a

child care organization if he or she has been convicted of either of the following:

(a) Child abuse under section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b, or neglect

under section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145.

(b) A felony involving harm or threatened harm to an individual within the 10 years immediately preceding

the date of hire or appointment.

(3) Except as provided in subsection (5), a licensee, adult member of the household, licensee designee,

chief administrator, staff member, or unsupervised volunteer may not have contact with a child who is in the

care of a child care organization, until the licensee, adult member of the household, licensee designee, chief

administrator, staff member, or volunteer provides the child care organization with documentation from the

department that he or she has not been named in a central registry case as the perpetrator of child abuse or

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child neglect. Upon request by the department, the licensee, adult member of the household, licensee

designee, chief administrator, staff member, or unsupervised volunteer shall provide the department with an

updated authorization for central registry clearance. If an updated central registry clearance documents that a

licensee, adult member of the household, licensee designee, chief administrator, staff member, or

unsupervised volunteer is named as a perpetrator in a central registry case, he or she may not be present in the

child care organization. As used in this subsection and subsection (5), "child abuse" and "child neglect" mean

those terms as defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.

(4) Each child care organization shall establish and maintain a policy regarding supervision of volunteers

including volunteers who are parents of a child receiving care at the child care organization.

(5) Staff members or unsupervised volunteers in children's camps or children's campsites who are 21 years

of age or older may not have contact with a child who is in the care of a children's camp until the staff

member or volunteer provides the children's camp with documentation from the department of health and

human services that he or she has not been named in a central registry case as the perpetrator of child abuse or

child neglect.

(6) A former applicant or former licensee may request an administrative review by the department

responsible for licensure under this act if the license for a child care organization was denied, revoked, or

refused renewal due in whole or in part to the person's placement on the statewide electronic central registry

originally maintained under section 7 of the child protection law, 1975 PA 238, MCL 722.627, prior to the

effective date of the amendatory act that created the statewide electronic case management system under

section 7j of the child protection law, 1975 PA 238, MCL 722.627j, and if the person's placement on the

original central registry was subsequently expunged from the case management system as a central registry

case after the effective date of the amendatory act that created the statewide electronic case management

system under section 7j of the child protection law, 1975 PA 238, MCL 722.627j. The request for

administrative review under this subsection must be submitted in writing addressed to the director of the

department responsible for licensure or the director's designee within 60 days of receipt of the written

notification under section 7j of the child protection law, 1975 PA 238, MCL 722.627j, and the local office file

under section 7l from the department of health and human services that the person is no longer listed on

central registry or named in a central registry case. The administrative review under this subsection is limited

to determining if the department will enforce the 5-year prohibition in section 15(4). Within 90 days of receipt

of the request for an administrative review under this subsection or receipt of the written notification under

section 7j of the child protection law, 1975 PA 238, MCL 722.627j, and the local office file under section 7l

from the department of health and human services of the removal of the person listed on the central registry,

whichever is later, the director of the department responsible for licensure or the director's designee shall

complete the review and notify the person in writing of the final decision. If the department's final decision is

to enforce the 5-year prohibition in section 15(4), the person may appeal as provided in chapter 6 of the

administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306. If the department's decision is to

waive the 5-year prohibition in section 15(4), the former applicant or former licensee may apply for a new

license with the department responsible for licensure under this act. As used in this subsection, "local office

file" means that term as defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.

(7) A child care staff member, adult member of the household, or a person who had been determined to be

ineligible by the department as provided under section 5q, and who is no longer listed on the central registry

nor named in a central registry case, may be eligible to be a child care staff member or adult member of the

household as an employee or volunteer if that person complies with the criminal history check required under

section 5n and submits documentation to the department from the department of health and human services

demonstrating that the person is no longer listed on the central registry or named in a central registry case.

History: Add. 2002, Act 674, Eff. Mar. 31, 2003;Am. 2010, Act 379, Imd. Eff. Dec. 22, 2010;Am. 2017, Act 257, Eff. Mar. 28,

2018;Am. 2022, Act 71, Eff. Nov. 1, 2022.

Compiler's note: Former MCL 722.119, which pertained to registration of family day care homes, was repealed by Act 232 of 1980,

Imd. Eff. July 20, 1980.

For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and

fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

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Popular name: Act 116

Popular name: Child Care Licensing Act

722.119a Repealed. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: The repealed section pertained to duration and renewal of certificate of registration.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.120 Investigation, inspection, and examination of conditions, books, records, and

reports; access by department, bureau of fire services, or local authorities; records;

report; forms; confidentiality; disclosure of information; availability of confidential

records; child information cards to be provided to department; failure of licensee to

cooperate with investigation, inspection, or examination.

Sec. 10. (1) The department may investigate, inspect, and examine conditions of a child care organization

and may investigate and examine the licensee's books and records. The licensee must cooperate with the

department's investigation, inspection, and examination by doing all of the following:

(a) Admitting members of the department into the child care organization and furnishing all reasonable

facilities for thorough examination of its books, records, and reports.

(b) Allowing the department to perform routine investigative functions during the course of an

investigation, inspection, or examination. Routine investigative functions include, but are not limited to,

interviewing potential witnesses, such as staff and household members, and taking photographs to assess and

document the conditions of the child care organization and its compliance with this act and the rules

promulgated under this act.

and household members, to provide accurate and truthful information to the department.

(2) The licensee shall allow the department, the bureau of fire services, or local authorities access to the

child care organization to carry out the provisions of this act and rules promulgated under this act related to

the health or fire protection of children.

(3) A licensee shall keep the records the department prescribes regarding each child in its control and care

and shall report to the department, if requested, the facts the department requires with reference to the

children upon forms furnished by the department. Except as otherwise provided in this subsection and

subsection (4), records regarding children and facts compiled about children and their parents and relatives

are confidential and disclosure of this information must be properly safeguarded by the child care

organization, the department, and any other entity in possession of the information. Records that are

confidential under this section are available to 1 or more of the following:

(a) A standing or select committee or appropriations subcommittee of either house of the legislature having

jurisdiction over protective services matters for children, according to section 7 of the child protection law,

1975 PA 238, MCL 722.627.

(b) The child advocate established in section 3 of the office of the child advocate act, 1994 PA 204, MCL

722.923.

child caring institution, or a child placing agency contracted with the department, but only to the extent

necessary for the administration of child welfare services in each case. The director of the agency responsible

for child welfare services, or the director's designee, is responsible for authorizing an employee to have access

to the records according to this subdivision and for ensuring that access is given only to the extent necessary.

(d) A national accreditation program, only while on-site, for the purpose of review and accreditation of a

child welfare program, agency, or organization.

(4) Notwithstanding subsection (3) and sections 5 and 7(2) of the child protection law, 1975 PA 238, MCL

722.625 and 722.627, information or records in the possession of the department or the department of

licensing and regulatory affairs may be shared to the extent necessary for the proper functioning of the

department or the department of licensing and regulatory affairs in administering child welfare or child care

licensing under this act or in an investigation conducted under section 43b of the social welfare act, 1939 PA

280, MCL 400.43b. Information or records shared under this subsection shall not be released by the

department or the department of licensing and regulatory affairs unless otherwise permitted under this act or

other state or federal law. Neither the department nor the department of licensing and regulatory affairs shall

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release or open for inspection any document, report, or record authored by or obtained from another agency or

organization unless 1 of the conditions of section 7(5) of the child protection law, 1975 PA 238, MCL

722.627, applies.

(5) A child care center, group child care home, or family child care home licensee shall provide the

department with child information cards for all children presently enrolled for care, as requested by the

department, whenever the department initiates or conducts an investigation, inspection, or assessment. If the

investigation, inspection, or assessment results in the department pursuing disciplinary action as provided by

section 11, the child care center, group child care home, or family child care home licensee must provide the

department with child information cards for newly enrolled children for the pendency of the proposed

disciplinary action.

(6) The department may suspend, deny, revoke, or refuse to renew a license of the child care organization

if the licensee does not cooperate with an investigation, inspection, or examination under this section.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1980, Act 498, Imd. Eff. Jan. 21, 1981;Am. 1994, Act 205, Eff. Jan. 1, 1995;

Am. 2006, Act 206, Imd. Eff. June 19, 2006;Am. 2016, Act 495, Eff. Apr. 6, 2017;Am. 2017, Act 257, Eff. Mar. 28, 2018;Am.

2019, Act 94, Eff. Jan. 22, 2020;Am. 2022, Act 69, Eff. Nov. 1, 2022;Am. 2023, Act 304, Eff. Feb. 13, 2024.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

Administrative rules: R 400.1 et seq.; R 400.9101 et seq.; R 400.11101 et seq.; and R 400.12101 et seq. of the Michigan

Administrative Code.

722.120a Contribution.

Sec. 10a. (1) A child placing agency shall not solicit or accept a contribution from a prospective adoptive

parent unless the contribution is equivalent in value to the cost of, and tendered as payment for, an adoption

service actually performed for the prospective adoptive parent by the child placing agency.

(2) A child placing agency shall not give or offer to give an individual preferential treatment in connection

with an adoption service in return for a contribution from or on behalf of that individual.

(3) As used in this section, "contribution" means the payment of money or donation of goods or services.

History: Add. 1994, Act 243, Eff. July 5, 1994.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.121 Denial, revocation, or refusal to renew 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; issuance of license to individuals prohibited; conditions; immediate

revocation or refusal to renew license or denial of application; issuance of subpoena;

order; definitions.

Sec. 11. (1) An original license shall not be granted under this act if issuing the license would substantially

contribute to an excessive concentration of community residential facilities within a city, village, township, or

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county of this state.

(2) The department may deny, revoke, or refuse to renew a license of a child care organization when the

licensee or applicant falsifies information on the application or willfully and substantially violates this act, the

rules promulgated under this act, or the terms of the license. A license shall not be revoked, a renewal of a

license shall not be refused, or an application for a license shall not be denied, unless the licensee or applicant

is given notice in writing of the grounds of the proposed revocation, denial, or refusal. If revocation, denial, or

refusal is appealed within 30 days after receipt of the notice by writing addressed to the department director,

the department director or his or her designee shall conduct a hearing at which the licensee or applicant may

present testimony and confront witnesses. If the proposed revocation, refusal, or denial is not appealed, the

license shall be revoked, the license shall be refused renewal, or the application shall be denied. The proposed

revocation, refusal, or denial must be appealed within 30 days after receipt by writing the department director

or his or her designee. Upon receipt of the written appeal, the department director or his or her designee must

initiate the provisions of chapters 4 and 5 of the administrative procedures act of 1969, 1969 PA 306, MCL

24.271 to 24.292. Notice of the hearing must be given to the licensee or applicant by personal service or

delivery to the proper address by certified mail not less than 2 weeks before the date of the hearing. The

director's decision must be made as soon as practicable after the hearing, and forwarded to the licensee or

applicant by certified mail not more than 10 days after that. The formal notice and hearing requirements in

this subsection do not apply if the licensee or applicant and the department comply with the provisions of

subsection (7).

(3) The department shall deny a license to a child caring institution or foster family group home that does

not comply with section 206 of the Michigan zoning enabling act, 2006 PA 110, MCL 125.3206.

(4) The legislative body of a city, village, or township in which a child caring institution or foster family

group home is located may file a complaint with the department to have the organization's license suspended,

denied, or revoked according to the procedures outlined in this act and the rules promulgated under this act.

The department director shall resolve the issues of the complaint within 45 days after the receipt of the

complaint. Notice of the resolution of the issues shall be mailed by certified mail to the complainant and the

licensee. Failure of the department director to resolve the issues of the complaint within 45 days after receipt

of the complaint shall serve as a decision by the director to suspend, deny, or revoke the organization's

license. If the decision to suspend, deny, or revoke the license or the resolution of the issues is protested by

written objection of the complainant or licensee to the department director within 30 days after the

suspension, denial, or revocation of the license or the receipt of the notice of resolution, the department

director or a designated representative of the director shall conduct a hearing according to the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, at which the complainant and licensee may

present testimony and cross-examine witnesses. The director's decision shall be mailed by certified mail to the

complainant and the licensee. If the resolution of the issues by the department director is not protested within

30 days after receipt of the notice of the resolution, the resolution by the department director is final.

(5) The department shall not issue a license to or renew a license of a child care center, group child care

home, or family child care home if the applicant or licensee has had a previous license or certificate of

registration revoked or refused renewal or an application denied due to a violation of this act, the rules

promulgated under this act, or the terms of the license or certificate of registration that resulted in the severe

physical injury, sexual abuse, or death of a child while under its care.

(6) The department shall not issue a license to an individual who worked in a child care center, group child

care home, or family child care home at the time of a violation of this act, the rules promulgated under this

act, or the terms of a license that resulted in the severe physical injury or death of a child or resulted in a child

being sexually abused if the individual had direct care and supervision of that child at the time of the

violation.

(7) The department may immediately revoke or refuse to renew a licensee or deny an application for a

license without providing written notice of the grounds of the proposed action or giving the licensee or

applicant 30 days to appeal if the licensee or applicant, in writing, does all of the following:

(a) Waives the requirement that the department provide written notice of the grounds for the proposed

action.

(b) Waives the 30-day time frame in which to submit a written appeal to the proposed action.

1969, 1969 PA 306, MCL 24.271 to 24.292.

(8) The director or his or her designee may issue a subpoena to do either of the following:

(a) Compel the attendance of a witness to testify at a contested case hearing.

(b) Produce books, papers, documents, or other items relevant to the investigation or hearing.

(9) If a subpoena is disobeyed, the director or his or her designee may petition the circuit court to require

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the attendance of a witness or the production of books, papers, documents, or other items. The circuit court

may issue an order requiring a person to appear and give testimony or produce books, papers, documents, or

other items. Failure to obey the order of the circuit court may be punished by the court as a contempt of court.

(10) As used in this section:

(a) "Substantially violates" means repeated violations of this act or repeated instances of noncompliance or

a single instance of noncompliance with this act, a rule promulgated under this act, or the terms of a license

that jeopardizes the health, safety, care, treatment, maintenance, or supervision of individuals receiving

services or, in the case of an applicant, individuals who may receive services.

(b) "Willfully violates" means, after receiving a copy of the act, the rules promulgated under the act and,

for a license, a copy of the terms of a license, or a previous citation for a violation of this act or a rule

promulgated under this act, a licensee or an applicant knew or had reason to know that his or her conduct was

a violation of the act, rules promulgated under the act, or the terms of a license.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1976, Act 398, Eff. Mar. 31, 1977;Am. 1980, Act 232, Imd. Eff. July 20, 1980;

Am. 2010, Act 85, Imd. Eff. May 27, 2010;Am. 2017, Act 257, Eff. Mar. 28, 2018;Am. 2022, Act 106, Imd. Eff. June 23, 2022.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.121a Notice of location of new and existing licensed child caring institutions or foster

family group homes.

Sec. 11a. The director of the department shall notify the clerk of the city, village, or township and the

legislature of the location of new and existing licensed child caring institution or foster family group home

within the boundaries of the cities, villages, and townships in this state. The notification shall be given within

30 days after the licensing of a new organization.

History: Add. 1976, Act 398, Eff. Mar. 31, 1977;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.121b Database; establishment; maintenance; information.

Sec. 11b. (1) The department shall establish and maintain a database of child care centers, family child care

homes, and group child care homes. The database must include, at a minimum, all of the following

information:

(a) The name, address, and telephone number of the child care center, family child care home, or group

child care home.

(b) The days and general hours of operation of the child care center, family child care home, or group child

care home.

center, family child care home, or group child care home.

(d) The number and nature of any adverse action taken against the child care center, family child care

home, or group child care home by the department.

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(e) The number and nature of any special investigations regarding the child care center, family child care

home, or group child care home conducted by the department.

(2) The department must make the following database information available to the public on the internet

for persons seeking information on child care options, without charge, through that department's website:

(a) The items listed in subsection (1)(a) to (c).

(b) The results of any monitoring inspections conducted in the past 3 years and information on corrective

actions taken, if applicable.

on corrective actions taken.

(d) The results of any special investigation conducted in the past 3 years and information on corrective

actions taken, if applicable.

(3) The department must inform the public, through press releases or other media avenues, of the

information available as provided under subsection (2).

History: Add. 2002, Act 645, Imd. Eff. Dec. 23, 2002;Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007;Am. 2010, Act 86, Imd. Eff.

May 27, 2010;Am. 2017, Act 258, Eff. Mar. 28, 2018;Am. 2022, Act 110, Imd. Eff. June 23, 2022.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.121c Temporary operation at unlicensed location in case of disaster; new license

required if remaining at new location; determination of disaster.

Sec. 11c. (1) 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 under this section. The requirements to temporarily operate

at an unlicensed location under this section are as follows:

(a) The child care center, group child care home, or family child care home cannot operate in a new

location until after the department has conducted an inspection and approved the new location.

(b) For a child care center, a fire safety inspection, an environmental health inspection, and, if necessary, a

lead hazard risk assessment, and, for a group child care home or family child care home, an environmental

health inspection, if necessary, are conducted within 45 days of the proposal of the new location. If any of the

inspections find the new location to be unsafe, the child care center, group child care home, or family child

care home must discontinue operation in that new location.

(2) If the child care center, group child care home, or family child care home will remain at the new

location, the licensee must apply for and obtain a new license within 1 year of moving to the new location.

(3) The department shall determine what constitutes a disaster under this section.

History: Add. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing

agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory

affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.122 Appeal.

Sec. 12. A person aggrieved by the decision of the director following a hearing under section 7a or 11 may

appeal as provided in chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to

24.306.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1980, Act 232, Imd. Eff. July 20, 1980;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

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construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.123 Injunction.

Sec. 13. (1) The department may bring an action for injunctive relief in the circuit court for the county in

which the person resides or in the circuit court for Ingham County, to enjoin a violation or threatened

violation of this act or a rule promulgated under this act. An affidavit of an individual who is personally

familiar with the basis of noncompliance must be filed with the action for injunctive relief.

(2) If the department has conducted an investigation that discloses an imminent threat to the public health,

safety, or welfare, or the well-being of a child is endangered, the department may obtain an injunction to

restrain or prevent a person from acting in a manner that threatens the public health, safety, or welfare, or to

compel a person to affirmatively take reasonable corrective action. Before obtaining an injunction as provided

by this subsection, the department must obtain an affidavit by a person familiar with the facts set forth in the

affidavit, or, if appropriate, based upon an affidavit, that an imminent threat to the public health, safety, or

welfare exists or the well-being of a child is endangered. The appropriate department is not required to

provide prior warning to the person before obtaining an injunction under this section. The appropriate

department is not required to demonstrate an imminent threat to the public health, safety, or welfare or child

endangerment if the person is operating a child care organization without a license in violation of the

director's final order issued under section 11.

(3) If the department is successful in obtaining an injunction as provided in this section, the department is

entitled to actual costs and attorney fees for maintaining the action.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.123a Placement in a qualified residential treatment program; requirements; assessment

of qualified individual; duties of court or administrative body; dispositional review;

approval for continued placement; definitions.

Sec. 13a. (1) In the case of a child in foster care who is placed in a qualified residential treatment program,

the following requirements apply:

(a) Within 30 days after the start of each placement in a qualified residential treatment program, a qualified

individual must do all of the following:

(i) Assess the strengths and needs of the child using an age-appropriate, evidence-based, validated,

functional assessment tool approved by the secretary.

(ii) Determine whether the needs of the child can be met with family members or through placement in a

foster family home or, if not, which setting would provide the most effective and appropriate level of care for

the child in the least restrictive environment and be consistent with the short-term and long-term goals for the

child, as specified in the child's permanency plan.

(iii) Develop a list of child-specific short-term and long-term mental and behavioral health goals.

(b) The child placing agency responsible for care and supervision of the child must assemble a team for the

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child in accordance with the requirements of subdivision (a)(i) and (ii). The qualified individual conducting

the assessment required under subdivision (a) must work in conjunction with the child's team while

conducting and making the assessment.

members, relatives, and other supportive adults of the child, as well as professionals who are a resource to the

family of the child, such as teachers, medical or mental health providers who have treated the child, or clergy.

In the case of a child who has attained age 14, the team must include members of the permanency planning

team for the child that are selected by the child.

(d) The child placing agency responsible for the child's care and supervision must document in the child's

case plan all the following:

(i) The reasonable and good-faith effort to identify and include all the individuals described in subdivision

(ii) All contact information for members of the team, as well as contact information for other relatives and

supportive adults who are not part of the child's team.

(iii) Evidence that meetings of the team, including meetings relating to the assessment required under

subdivision (a), are held at a time and place convenient for family.

(iv) If reunification is the goal, evidence demonstrating that the parent from whom the child was removed

provided input to the members of the child's team.

(v) Evidence that the assessment required under subdivision (a) is determined in conjunction with the

child's team.

(vi) The placement preference of the child's team relative to the assessment that recognizes a child should

be placed with his or her sibling unless there is a finding by the court that such placement is contrary to the

child's best interests.

(vii) If the placement preferences of the child's team and the child are not the placement setting

recommended by the qualified individual conducting the assessment under subdivision (a), the reason why the

preferences of the child's team and of the child were not recommended.

(2) If the qualified individual conducting the assessment determines the child should not be placed in a

foster family home, the qualified individual shall specify in writing the reason why the needs of the child

cannot be met by the family of the child or in a foster family home. A shortage or lack of foster family homes

is not an acceptable reason for determining that the needs of the child cannot be met in a foster family home.

The qualified individual must specify in writing why the recommended placement in a qualified residential

treatment program is the setting that will provide the child with the most effective and appropriate level of

care in the least restrictive environment and how that placement is consistent with the short-term and

long-term goals for the child, as specified in the permanency plan for the child.

(3) Within 60 days after the start of each placement in a qualified residential treatment program, the court,

or an administrative body appointed or approved by the court, independently, must do the following:

(a) Consider the assessment, determination, and documentation made by the qualified individual.

(b) Determine whether the needs of the child can be met through placement in a foster family home or, if

not, whether placement of the child in a qualified residential treatment program provides the most effective

and appropriate level of care for the child in the least restrictive environment and whether that placement is

consistent with the goals for the child, as specified in the permanency plan for the child.

(4) The written documentation of the determination and approval or disapproval of the placement in a

qualified residential treatment program by a court or administrative body under subsection (3) shall be

included in and made part of the case plan for the child.

(5) As long as a child remains placed in a qualified residential treatment program, the department must

submit evidence at each dispositional review hearing and each permanency planning hearing held with respect

to the child that does the following:

(a) Demonstrates that ongoing assessment of the strengths and needs of the child continues to support the

determination that the needs of the child cannot be met through placement in a foster family home, that the

placement in a qualified residential treatment program provides the most effective and appropriate level of

care for the child in the least restrictive environment, and that the placement is consistent with the short-term

and long-term goals for the child, as specified in the permanency plan for the child.

(b) Documenting the specific treatment or service needs that will be met for the child in the placement and

the length of time the child is expected to need the treatment or services.

placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.

(6) At each dispositional review hearing and permanency planning hearing held with respect to the child,

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the court shall approve or disapprove the qualified residential treatment program placement.

(7) In the case of a child who is placed in a qualified residential treatment program for more than 12

consecutive months or 18 nonconsecutive months, or, in the case of a child who has not attained age 13, for

more than 6 consecutive or nonconsecutive months, the department shall obtain the signed approval of the

director of the department for the continued placement of the child in that setting.

(8) In response to the restrictions on title IV-E foster care payments for child caring institutions in section

472(k) of the family first prevention services act, 42 USC 672(k), the department shall not enact or advance

policies or practices that would result in a significant increase in the population of youth in the juvenile justice

system.

(9) As used in this section:

(a) "Foster care" means 24-hour substitute care for a child placed away from his or her parent or guardian

and for whom the title IV-E agency has placement and care responsibility.

(b) "Qualified individual" means a trained professional or licensed clinician who is not an employee of the

department and who is not connected to, or affiliated with, any placement setting in which children are placed

by the department. The department may seek a waiver from the secretary to approve a qualified individual

who does not meet the criteria in this subdivision to conduct the assessment. The individual must maintain

objectivity with respect to determining the most effective and appropriate placement for the child.

History: Add. 2020, Act 8, Imd. Eff. Jan. 27, 2020;Am. 2021, Act 5, Imd. Eff. Mar. 26, 2021.

Compiler's note: For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care

centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to

MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.124 Persons authorized to place child.

Sec. 14. Only a parent, guardian of the person of a child, a person related to a child by blood, marriage, or

adoption, a child placing agency, or a governmental unit may place a child in the control and care of a person.

This section does not prevent foster parents from placing foster children in temporary care according to rules

promulgated by the department.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

Administrative rules: R 400.1 et seq.; R 400.9101 et seq.; R 400.11101 et seq.; and R 400.12101 et seq. of the Michigan

Administrative Code.

722.124a Consent to medical and surgical treatment of minor child; "routine, nonsurgical

medical care" defined.

Sec. 14a. (1) A probate court, a child placing agency, or the department may consent to routine,

nonsurgical medical care, or emergency medical and surgical treatment of a minor child placed in

out-of-home care under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, the probate code of

1939, 1939 PA 288, MCL 710.21 to 712B.41, or this act. If the minor child is placed in a child care

organization, the probate court, the child placing agency, or the department making the placement shall

execute a written instrument investing that organization with authority to consent to emergency medical and

surgical treatment of the child. The department may also execute a written instrument investing a child care

organization with authority to consent to routine, nonsurgical medical care of the child. If the minor child is

placed in a child care institution, the probate court, the child placing agency, or the department making the

placement shall in addition execute a written instrument investing that institution with authority to consent to

the routine, nonsurgical medical care of the child.

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(2) A parent or guardian of a minor child who voluntarily places the child in a child care organization shall

execute a written instrument investing that organization with authority to consent to emergency medical and

surgical treatment of the child. The parent or guardian shall consent to routine, nonsurgical medical care.

(3) Only the minor child's parent or legal guardian shall consent to nonemergency, elective surgery for a

child in foster care. If parental rights have been permanently terminated by court action, consent for

nonemergency, elective surgery shall be given by the probate court or the agency having jurisdiction over the

child.

(4) As used in this section, "routine, nonsurgical medical care" does not include contraceptive treatment,

services, medication or devices.

History: Add. 1974, Act 191, Imd. Eff. July 2, 1974;Am. 1984, Act 396, Eff. Mar. 29, 1985;Am. 2017, Act 257, Eff. Mar. 28,

2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.124b Definitions used in MCL 722.124b, 722.124c, and 722.124d.

Sec. 14b. As used in this section and sections 14c and 14d:

(a) "Adoption attorney" means that term as defined in section 22 of the Michigan adoption code, MCL

710.22.

(b) "Adoption facilitator" means a child placing agency or an adoption attorney who assists biological

parents or guardians or prospective adoptive parents with adoptions according to the Michigan adoption code.

710.70.

(d) "Primary adoption facilitator" means the adoption facilitator in an adoption who files the court

documents on behalf of the prospective adoptive parent.

(e) "Public information form" means a form described in section 14d that is completed by a primary

adoption facilitator and maintained in a central clearinghouse by the department for distribution according to

section 14d to individuals seeking information about adoption.

History: Add. 1994, Act 209, Eff. Jan. 1, 1995;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.124c Filing of public information form by primary adoption facilitator; contents;

authentication; applicability of section to certain adoptions.

Sec. 14c. (1) Not later than 10 days after the entry of an order of adoption under section 56 of the Michigan

adoption code, MCL 710.56, the primary adoption facilitator for that adoption shall file with the probate court

a completed public information form setting forth information including costs connected with the adoption as

prescribed by section 14d. The public information form shall be authenticated by verification under oath by

the primary adoption facilitator, or, in the alternative, contain the following statement immediately above the

date and signature of the facilitator: "I declare that this public information form has been examined by me and

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that its contents are true to the best of my information, knowledge, and belief.".

(2) This section does not apply to a stepparent adoption; the adoption of a child related to the petitioner

within the fifth degree by blood, marriage, or adoption; or an adoption in which the consent of a court or the

department is required.

(3) Except as provided in subsection (2), this section applies to adoptions in which the order of adoption

under section 56 of the Michigan adoption code, MCL 710.56, is entered after July 1, 1995, including

adoptions pending on July 1, 1995.

History: Add. 1994, Act 209, Eff. July 1, 1995;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

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.

Sec. 14d. (1) The department shall develop a public information form for the reporting of the following

nonconfidential information:

(a) The name and address of the primary adoption facilitator.

(b) The type of adoption, as follows:

(i) Direct placement or agency placement.

(ii) Intrastate, interstate, or intercountry.

investigation required under section 46 of the Michigan adoption code, MCL 710.46, and the cost of the

assessment or investigation.

(d) The name of each individual who performed counseling services for a biological parent, a guardian, or

the adoptee; the individual's agency affiliation, if any; the number of hours of counseling performed; and the

cost of that counseling.

(e) The name of each individual who performed counseling services for an adoptive parent; the individual's

agency affiliation, if any; the number of hours of counseling performed; and the cost of that counseling.

(f) The total amount paid by an adoptive parent for hospital, nursing, or pharmaceutical expenses incurred

by a biological parent or the adoptee in connection with the birth or any illness of the adoptee.

(g) The total amount paid by an adoptive parent for a biological mother's living expenses.

(h) The total amount paid by an adoptive parent for expenses incurred in ascertaining the information

required under section 27 of the Michigan adoption code, MCL 710.27.

(i) The name of any attorney representing an adoptive parent, the number of hours of service performed in

connection with the adoption, and the total cost of the attorney's services performed for the adoptive parent.

(j) The name of any attorney representing a biological parent, the number of hours of service performed in

connection with the adoption, and the total cost of the attorney's services performed for the biological parent.

(k) The name of any agency assisting a biological parent or adoptive parent, and the cost of all services

provided by the agency other than services specifically described in subdivisions (c), (d), and (e).

(l) The total amount paid by an adoptive parent for a biological parent's travel expenses.

(m) Any fees or expenses sought but disallowed by the court.

(n) The total amount of all expenses connected with the adoption that were paid for by the adoptive parent.

(o) An explanation of any special circumstances that made costs of the adoption higher than would

normally be expected.

(2) The public information form prescribed by subsection (1) shall contain a detachable section for the

reporting of all of the following confidential information:

(a) The age, sex, and race of each biological parent.

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(b) The age, sex, and race of the adoptee.

(d) The county in which the final order of adoption was entered.

(e) The county, state, and country of origin of the adoptee.

(f) The legal residence of biological parents.

(g) The legal residence of adoptive parents.

(h) The dates of the following actions related to the adoption:

(i) The first contact of the birth parent with the primary adoption facilitator.

(ii) The first contact of the adoptive parent with the primary adoption facilitator.

(iii) The temporary placement, if applicable.

(iv) The formal placement.

(v) The order of the court finalizing the adoption.

(3) The department shall distribute blank public information forms to adoption facilitators, courts, and

other interested individuals and organizations.

(4) Beginning on July 1, 1995, the department shall accept from the probate court of each county and

maintain in a central clearinghouse completed public information forms for each adoption completed in this

state. Upon the request of an individual seeking information about adoption facilitators serving a particular

county or counties, the department shall send the individual a list of all adoption facilitators serving that

county or those counties, the number of adoptions each person facilitated in the county or counties during the

preceding 12 months, and the fees the department charges for transmitting copies of public information forms.

Upon the individual's request for public information forms for a particular adoption facilitator or facilitators

and payment of the required fees, the department shall send the individual copies of the nonconfidential

portions of the public information forms completed by that adoption facilitator or those adoption facilitators

during the preceding 12 months. If the number of adoptions facilitated by a particular adoption facilitator in a

particular county or counties is insufficient to protect the confidentiality of the participants in an adoption, the

department shall send the nonconfidential portions of additional public information forms for adoptions

facilitated by that adoption facilitator in earlier years or in other counties. The additional forms required to

protect confidentiality shall be sent without charge to the individual requesting the information.

(5) If the department receives public information forms completed by a probate register containing only the

primary adoption facilitator's name and confidential information, the department shall send the

nonconfidential portion of those public information forms completed by the probate register in response to an

individual's request for public information forms for that adoption facilitator.

(6) The department may charge a fee for transmitting public information forms to individuals requesting

them. The fee shall be sufficient to reimburse the department for the costs of copying, postage or facsimile,

and labor.

History: Add. 1994, Act 209, Eff. Jan. 1, 1995;Am. 1995, Act 107, Imd. Eff. June 23, 1995;Am. 2017, Act 257, Eff. Mar. 28,

2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

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.

Sec. 14e. (1) The legislature finds and declares all of the following:

(a) When it is necessary for a child in this state to be placed with an adoptive or foster family, placing the

child in a safe, loving, and supportive home is a paramount goal of this state.

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(b) As of September 9, 2015, there are 105 licensed adoption and foster care agencies in this state that are

authorized to participate in and assist families with adoption and foster parent placements of children.

benefit to the children of this state who are in need of these placement services and to all of the citizens of this

state because the more qualified agencies taking part in this process, the greater the likelihood that permanent

child placement can be achieved.

(d) As of September 9, 2015, the adoption and foster care licensees of this state represent a broad spectrum

of organizations and groups, some of which are faith based and some of which are not faith based.

(e) Private child placing agencies, including faith-based child placing agencies, have the right to free

exercise of religion under both the state and federal constitutions. Under well-settled principles of

constitutional law, this right includes the freedom to abstain from conduct that conflicts with an agency's

sincerely held religious beliefs.

(f) Faith-based and non-faith-based child placing agencies have a long and distinguished history of

providing adoption and foster care services in this state.

(g) Children and families benefit greatly from the adoption and foster care services provided by faith-based

and non-faith-based child placing agencies. Ensuring that faith-based child placing agencies can continue to

provide adoption and foster care services will benefit the children and families who receive publicly funded

services.

(h) Under well-established contracting practices of the department, a private child placing agency does not

receive public funding with respect to a particular child or particular individuals referred by the department

unless that agency affirmatively accepts the referral.

(i) Under well-settled principles of constitutional law distinguishing "private action" from "state action", a

private child placing agency does not engage in state action when the agency performs private-adoption or

direct-placement services. Similarly, a private child placing agency does not engage in state action relative to

a referral for services under a contract with the department before the agency accepts the referral.

(2) To the fullest extent permitted by state and federal law, a child placing agency shall not be required to

provide any services if those services conflict with, or provide any services under circumstances that conflict

with, the child placing agency's sincerely held religious beliefs contained in a written policy, statement of

faith, or other document adhered to by the child placing agency.

(3) To the fullest extent permitted by state and federal law, the state or a local unit of government shall not

take an adverse action against a child placing agency on the basis that the child placing agency has declined or

will decline to provide any services that conflict with, or provide any services under circumstances that

conflict with, the child placing agency's sincerely held religious beliefs contained in a written policy,

statement of faith, or other document adhered to by the child placing agency.

(4) If a child placing agency declines to provide any services under subsection (2), the child placing agency

shall provide in writing information advising the applicant of the department's website, the Michigan adoption

resource exchange or similar subsequently utilized websites, and a list of adoption or foster care service

providers with contact information and shall do at least 1 of the following:

(a) Promptly refer the applicant to another child placing agency that is willing and able to provide the

declined services.

(b) Promptly refer the applicant to the webpage on the department's website that identifies other licensed

child placement agencies.

(5) A child placing agency may assert a defense in an administrative or judicial proceeding based on this

section.

(6) If a child placing agency declines to provide any services under subsection (2), the child placing

agency's decision does not limit the ability of another child placing agency to provide those services.

(7) For the purpose of this section:

(a) "Adverse action" includes, but is not limited to, denying a child placing agency's application for

funding, refusing to renew the child placing agency's funding, canceling the child placing agency's funding,

declining to enter into a contract with the child placing agency, refusing to renew a contract with the child

placing agency, canceling a contract with the child placing agency, declining to issue a license to the child

placing agency, refusing to renew the child placing agency's license, canceling the child placing agency's

license, taking an enforcement action against a child placing agency, discriminating against the child placing

agency in regard to participation in a government program, and taking any action that materially alters the

terms or conditions of the child placing agency's funding, contract, or license.

(b) "Services" includes any service that a child placing agency provides, except foster care case

management and adoption services provided under a contract with the department.

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History: Add. 2015, Act 53, Eff. Sept. 9, 2015;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: Enacting section 1 of Act 53 of 2015 provides:

"Enacting section 1. It is the intent of the legislature to protect child placing agencies' free exercise of religion protected by the United

States constitution and the state constitution of 1963. This amendatory act is not intended to limit or deny any person's right to adopt a

child or participate in foster care."

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.124f Decision to accept or not accept referral; defense in administrative or judicial

proceeding; "adverse action" defined.

Sec. 14f. (1) If the department makes a referral to a child placing agency for foster care case management

or adoption services under a contract with the child placing agency, the child placing agency may decide not

to accept the referral if the services would conflict with the child placing agency's sincerely held religious

beliefs contained in a written policy, statement of faith, or other document adhered to by the child placing

agency. Before accepting a referral for services under a contract with the department, the child placing agency

has the sole discretion to decide whether to engage in activities and perform services related to that referral.

The department shall not control the child placing agency's decision whether to engage in those activities or

perform those services. For purposes of this subsection, a child placing agency accepts a referral by doing

either of the following:

(a) Submitting to the department a written agreement to perform the services related to the particular child

or particular individuals that the department referred to the child placing agency.

(b) Engaging in any other activity that results in the department being obligated to pay the child placing

agency for the services related to the particular child or particular individuals that the department referred to

the child placing agency.

(2) The state or a local unit of government shall not take an adverse action against a child placing agency

on the basis that the child placing agency has decided to accept or not accept a referral under subsection (1).

(3) If a child placing agency decides not to accept a referral under subsection (1), that occurrence shall not

be a factor in determining whether a placement in connection with the referral is in the best interest of the

child.

(4) A child placing agency may assert a defense in an administrative or judicial proceeding based on this

section.

(5) For the purpose of this section, "adverse action" includes, but is not limited to, denying a child placing

agency's application for funding, refusing to renew the child placing agency's funding, canceling the child

placing agency's funding, declining to enter into a contract with the child placing agency, refusing to renew a

contract with the child placing agency, canceling a contract with the child placing agency, declining to issue a

license to the child placing agency, refusing to renew the child placing agency's license, canceling the child

placing agency's license, taking an enforcement action against a child placing agency, discriminating against

the child placing agency in regard to participation in a government program, and taking any action that

materially alters the terms or conditions of the child placing agency's funding, contract, or license.

History: Add. 2015, Act 53, Eff. Sept. 9, 2015;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: Enacting section 1 of Act 53 of 2015 provides:

"Enacting section 1. It is the intent of the legislature to protect child placing agencies' free exercise of religion protected by the United

States constitution and the state constitution of 1963. This amendatory act is not intended to limit or deny any person's right to adopt a

child or participate in foster care."

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Rendered Tuesday, August 27, 2024 Page 56 Michigan Compiled Laws Complete Through PA 122 of 2024



Courtesy of www.legislature.mi.gov

Popular name: Act 116

Popular name: Child Care Licensing Act

722.125 Violation of act; violation of rule causing death of child; penalty; conviction as

ground for revocation of license; effect of revocation, denial, or refusal to renew; rejection

of application; "certificate of registration" defined.

Sec. 15. (1) Except as provided in subsection (2), a person, child care organization, agency, or

representative or officer of a firm, a corporation, an association, or an organization who violates this act is

guilty of a misdemeanor punishable by the following:

(a) A fine of not less than $100.00 or more than $1,000.00 for a violation of section 3b, 3c, or 3d.

(b) For a violation not described in either subdivision (a) or subsection (2), a fine of not less than $100.00

or more than $1,000.00, or imprisonment for not more than 90 days, or both.

(2) If a person, family child care home, group child care home, agency, or representative or officer of a

firm, a corporation, an association, or an organization intentionally violates a licensing rule for family and

group child care homes promulgated under this act and in effect on January 1, 2017, and that violation causes

the death of a child, the person, family child care home, group child care home, agency, or representative or

officer of a firm, a corporation, an association, or an organization is guilty of second degree child abuse

described in section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b, and punishable as

provided in that section. In addition to any other penalty imposed, its license shall be permanently revoked.

(3) If a person, child care organization, agency, or representative or officer of a firm, a corporation, an

association, or an organization is convicted under this act, the conviction is sufficient ground for the

revocation of its license, and the person, child care organization, agency, or representative or officer of a firm,

a corporation, an association, or an organization convicted shall not be granted a license, or be permitted to be

connected, directly or indirectly, with a licensee or a registrant for a period of not less than 5 years after the

conviction, except as provided in subsection (2).

(4) A person, child care organization, agency, or representative or officer of a firm, a corporation, an

association, or an organization who has a license or certificate of registration revoked, application denied,

renewal refused, or, before the effective date of the 2017 amendatory act that amended this subsection,

certificate of registration revoked or refused renewal or application denied may be refused a license, or be

prohibited from being connected, directly or indirectly, with a licensee for a period of not less than 5 years

after the revocation, denial, or refusal to renew. The department, in its discretion, is not required to accept an

application from a person, child care organization, agency, or representative or officer of a firm, a

corporation, an association, or an organization described in this subsection. The department may reject the

application on its face without taking further action after notifying the applicant of the rejection and the

reason for the rejection.

(5) As used in this section, "certificate of registration" means the written document issued previously under

this act to a family child care home through registration.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 1980, Act 232, Imd. Eff. July 20, 1980;Am. 1993, Act 218, Eff. Apr. 1, 1994;

Am. 2016, Act 487, Eff. Apr. 6, 2017;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.126 Education to public.

Sec. 16. The department shall provide continuous education to the public in regard to the requirements of

this act through the ongoing use of mass media and other methods as are considered appropriate.

History: 1973, Act 116, Eff. Mar. 29, 1974;Am. 2017, Act 257, Eff. Mar. 28, 2018.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

Rendered Tuesday, August 27, 2024 Page 57 Michigan Compiled Laws Complete Through PA 122 of 2024



Courtesy of www.legislature.mi.gov

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.127 Objection on religious grounds to medical examination, immunization, or treatment

of child.

Sec. 17. Nothing in the rules adopted pursuant to this act shall authorize or require medical examination,

immunization, or treatment for any child whose parent objects thereto on religious grounds.

History: 1973, Act 116, Eff. Mar. 29, 1974.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.127a Use of inhaler or epinephrine auto-injector by child at children's camp.

Sec. 17a. (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 use 1 or more of the following at the children's camp,

on camp-sponsored transportation, or at any activity, event, or program sponsored by the children's camp or in

which the minor child is participating:

(a) A metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms or for use before

exercise to prevent the onset of asthmatic symptoms.

(b) An epinephrine auto-injector or epinephrine inhaler to treat anaphylaxis.

(2) Subsection (1) applies to a minor child if all of the following conditions are met:

(a) The minor child has written approval to possess and use the inhaler or epinephrine auto-injector as

described in subsection (1) from the minor child's physician or other health care provider authorized by law to

prescribe an inhaler or epinephrine auto-injector and from the minor child's parent or legal guardian.

(b) The director or other chief administrator of the minor child's camp has received a copy of each written

approval required under subdivision (a) for the minor child.

for the minor child's needs, that is prepared by a licensed physician in collaboration with the minor child and

the minor child's parent or legal guardian, and that is updated as necessary for changing circumstances.

(3) A children's camp or an owner, director, or employee of a children's camp is not liable for damages in a

civil action for injury, death, or loss to person or property allegedly arising from either of the following:

(a) An employee of the children's camp having prohibited a minor child from using an inhaler or

epinephrine auto-injector because the conditions prescribed in subsection (2) had not been satisfied.

(b) An employee of the children's camp having permitted a minor child to use or possess an inhaler or

epinephrine auto-injector because the conditions prescribed in subsection (2) had been satisfied.

(4) This section does not eliminate, limit, or reduce any other immunity or defense that a camp or an

owner, director, or employee of a camp may have under other state law.

(5) A children's camp may request a minor child's parent or legal guardian to provide an extra inhaler or

epinephrine auto-injector to designated camp personnel for use in case of emergency. A parent or legal

guardian is not required to provide an extra inhaler or epinephrine auto-injector to camp personnel.

(6) A director or other chief administrator of a children's camp who is aware that a minor child possesses

an inhaler or epinephrine auto-injector as authorized under this section shall notify each camp employee who

supervises the minor child of that fact and of the provisions of this section.

Rendered Tuesday, August 27, 2024 Page 58 Michigan Compiled Laws Complete Through PA 122 of 2024



Courtesy of www.legislature.mi.gov

History: Add. 2005, Act 120, Imd. Eff. Sept. 22, 2005.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

722.128 Repeal.

Sec. 18. 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, Act 116, Eff. Mar. 29, 1974.

Compiler's note: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of

construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.

For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group

day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O.

No. 2015-1, compiled at MCL 400.227.

For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster

family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the

department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.

For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care

centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see

E.R.O. No. 2023-2, compiled at MCL 388.1283.

Popular name: Act 116

Popular name: Child Care Licensing Act

Rendered Tuesday, August 27, 2024 Page 59 Michigan Compiled Laws Complete Through PA 122 of 2024



Courtesy of www.legislature.mi.gov