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On
January 5, 2017 Governor Snyder signed into law changes to the Child Care
Organizations Act, PA 116 of 1973. The changes amended Section 10 [MCL 722.120].
These changes officially took effect on April 6, 2017. The revised language is
below. The new language is highlighted in bold:
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, 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, 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
1 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.
The
legislative explanation to these changes can be found at: www.legislature.mi.gov/documents/2015-2016/billanalysis/Senate/pdf/2015-SFA-1041-N.pdf. Additional
information on the bill can be found on the legislative website at: http://legislature.mi.gov/doc.aspx?2016-SB-1044.
Please note, this is in addition to the changes to MCL 722.125 which effect home child care providers only. Notice of the change to MCL 722.125 was sent out to home child care providers on March 28, 2017. Additional information on the changes to MCL 722.125 can be found at: www.michigan.gov/michildcare-ta > Letters from the Child Care Licensing Director > Child Care Homes - Memo Series 2017-01.
If you have any questions, please contact your licensing consultant.
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