Bill Text: MI SB1044 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Children; child care; certain confidential records of child care organizations; allow federal or state governmental agency access during the course of an audit or review. Amends sec. 10 of 1973 PA 116 (MCL 722.120).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-30 - Assigned Pa 0495'16 12/30/16 Addenda [SB1044 Detail]
Download: Michigan-2015-SB1044-Engrossed.html
SB-1044, As Passed House, December 15, 2016
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1044
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 2006 PA 206.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) The department may investigate and examine
conditions of a child care organization in which a licensee
receives, maintains, or places out children, and may investigate
and examine the books and records of the licensee. The licensee
shall admit members of the department and furnish all reasonable
facilities for thorough examination of its books, records, and
reports.
The department, of community health, the bureau of fire
services, or local authorities, in carrying out the provisions of
this act, may visit a child care organization to advise in matters
affecting the health or fire protection of children.
(2) A licensee shall keep the records the department
prescribes regarding each child in its control and care and shall
report to the department, when 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 (3), 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 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, pursuant 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.
(3) Notwithstanding subsection (2) 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
