Bill Text: MI HB4549 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Children; child care; access to medical screen information; allow for certain persons. Amends sec. 10 of 1973 PA 116 (MCL 722.120).
Spectrum: Bipartisan Bill
Status: (Passed) 2019-10-24 - Assigned Pa 94 With Immediate Effect [HB4549 Detail]
Download: Michigan-2019-HB4549-Engrossed.html
HB-4549, As Passed House, June 6, 2019
HOUSE BILL No. 4549
May 2, 2019, Introduced by Reps. Crawford and Brenda Carter and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1973 PA 116, entitled
"An act to provide for the protection of children through the
licensing and regulation of child care organizations; to provide
for the establishment of standards of care for child care
organizations; to prescribe powers and duties of certain
departments of this state and adoption facilitators; to provide
penalties; and to repeal acts and parts of acts,"
by amending section 10 (MCL 722.120), as amended by 2017 PA 257.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) The department may investigate, inspect, and
examine conditions of a child care organization and may investigate
and examine the books and records of the licensee. The licensee
shall 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.
(c) Providing accurate and truthful information to the
department, and encouraging witnesses, such as staff 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, when 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 shall 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 both 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 children's ombudsman established in section 3 of the
children's ombudsman act, 1994 PA 204, MCL 722.923.
(c) An agency, bureau, division, or other entity within the
department, or a child caring institution or child placing agency
contracted with the department. Access must be authorized by the
director of the department's agency responsible for child welfare
services or his or her designee to individuals whose purpose is
directly connected with the administration of child welfare
services.
(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 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(10) 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
