Michigan Laws 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; exc
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Terms Used In Michigan Laws 722.113f
- 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. See Michigan Laws 722.111
- Child caring institution: means a child care facility that is organized for the purpose of receiving 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. See Michigan Laws 722.111
- Child placing agency: means a governmental organization or an agency organized under the nonprofit corporation act, 1982 PA 162, MCL 450. See Michigan Laws 722.111
- Department: means the department of health and human services and the department of licensing and regulatory affairs or a successor agency or department responsible for licensure under this act. See Michigan Laws 722.111
- 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. See Michigan Laws 722.111
- 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. See Michigan Laws 722.111
(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.
(c) Electronic mail.
(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.