§ 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.

Michigan § 722.115

• Jurisdiction: Michigan
• Ch. 722: CHILDREN
• Act 116 of 1973: CHILD CARE ORGANIZATIONS (722.111-722.128)

Text

CHILD CARE ORGANIZATIONS (EXCERPT) Act 116 of 1973 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 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. (c) The child will be compatible with other residents of the adult foster care family home or small group 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. (c) The identified needs of the adult can be met by 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. (c) The identified needs of the child can be met adequately by the adult foster care family home or small 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 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.

Legislative 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 Notes: 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 Admin Rule: 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.