reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.22 - Definitions.

722.22 Definitions.
Sec. 2.
As used in this act:
(a) "Active duty" means that term as defined in section 101 of the servicemembers civil relief act, 50 USC 511, except that "active duty" includes full-time national guard duty.
(b) "Agency" means a legally authorized public or private organization, or governmental unit or official, whether of this state or of another state or country, concerned in the welfare of minor children, including a licensed child placement agency.
(c) "Attorney" means, if appointed to represent a child under this act, an attorney serving as the child's legal advocate in a traditional attorney-client relationship with the child, as governed by the Michigan rules of professional conduct. An attorney defined under this subdivision owes the same duties of undivided loyalty, confidentiality, and zealous representation of the child's expressed wishes as the attorney would to an adult client.
(d) "Child" means minor child and children. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, for purposes of providing support, child includes a child and children who have reached 18 years of age.
(e) "Deployment" means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days under temporary or permanent official orders as follows:
(i) That are designated as unaccompanied.
(ii) For which dependent travel is not authorized.
(iii) That otherwise do not permit the movement of family members to that location.
(iv) The servicemember is restricted from travel.
(f) "Grandparent" means a natural or adoptive parent of a child's natural or adoptive parent.
(g) "Guardian ad litem" means an individual whom the court appoints to assist the court in determining the child's best interests. A guardian ad litem does not need to be an attorney.
(h) "Lawyer-guardian ad litem" means an attorney appointed under section 4. A lawyer-guardian ad litem represents the child, and has the powers and duties, as set forth in section 4.
(i) "Parent" means the natural or adoptive parent of a child.
(j) "State disbursement unit" or "SDU" means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236.
(k) "Third person" means an individual other than a parent.
History:
1970, Act 91, Eff. Apr. 1, 1971 ;-- Am. 1990, Act 245, Imd. Eff. Oct. 10, 1990 ;-- Am. 1998, Act 482, Eff. Mar. 1, 1999 ;-- Am. 1999, Act 156, Imd. Eff. Nov. 3, 1999 ;-- Am. 2002, Act 9, Imd. Eff. Feb. 14, 2002 ;-- Am. 2004, Act 542, Imd. Eff. Jan. 3, 2005 ;-- Am. 2005, Act 327, Imd. Eff. Dec. 28, 2005 ;-- Am. 2015, Act 51, Eff. Sept. 7, 2015
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.23 - "Best Interests of the Child" Defined.

722.23 "Best interests of the child" defined.
Sec. 3.
As used in this act, "best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively for the purposes of this factor any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child's other parent.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
History:
1970, Act 91, Eff. Apr. 1, 1971 ;-- Am. 1980, Act 434, Imd. Eff. Jan. 14, 1981 ;-- Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993 ;-- Am. 2016, Act 95, Eff. Aug. 1, 2016
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.24 - Child Custody Disputes; Powers of Court; Appointment of Lawyer-Guardian Ad Litem.

722.24 Child custody disputes; powers of court; appointment of lawyer-guardian ad litem.
Sec. 4.
(1) In all actions involving dispute of a minor child's custody, the court shall declare the child's inherent rights and establish the rights and duties as to the child's custody, support, and parenting time in accordance with this act.
(2) If, at any time in the proceeding, the court determines that the child's best interests are inadequately represented, the court may appoint a lawyer-guardian ad litem to represent the child. A lawyer-guardian ad litem represents the child and has powers and duties in relation to that representation as set forth in section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d. All provisions of section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d, apply to a lawyer-guardian ad litem appointed under this act.
(3) In a proceeding in which a lawyer-guardian ad litem represents a child, he or she may file a written report and recommendation. The court may read the report and recommendation. The court shall not, however, admit the report and recommendation into evidence unless all parties stipulate the admission. The parties may make use of the report and recommendation for purposes of a settlement conference.
(4) After a determination of ability to pay, the court may assess all or part of the costs and reasonable fees of the lawyer-guardian ad litem against 1 or more of the parties involved in the proceedings or against the money allocated from marriage license fees for family counseling services under section 3 of 1887 PA 128, MCL 551.103. A lawyer-guardian ad litem appointed under this section shall not be paid a fee unless the court first receives and approves the fee.
History:
1970, Act 91, Eff. Apr. 1, 1971 ;-- Am. 1996, Act 19, Eff. June 1, 1996 ;-- Am. 1998, Act 482, Eff. Mar. 1, 1999
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.24a - Repealed. 2001, Act 108, Eff. Sept. 30, 2001.

722.24a Repealed. 2001, Act 108, Eff. Sept. 30, 2001.
Compiler's Notes:
The repealed section pertained to support of child after child reaches 18 years of age.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.26 - Liberal Construction and Application of Act; Purpose; Provisions Applicable to Child Custody Disputes and Actions; Precedence of Other Actions; Submission of Action; Habeas Corpus or Warrant.

722.26 Liberal construction and application of act; purpose; provisions applicable to child custody disputes and actions; precedence of other actions; submission of action; habeas corpus or warrant.
Sec. 6.
(1) This act is equitable in nature and shall be liberally construed and applied to establish promptly the rights of the child and the rights and duties of the parties involved. This act applies to all circuit court child custody disputes and actions, whether original or incidental to other actions. Those disputes and actions shall have precedence for hearing and assignment for trial over other civil actions.
(2) Except as otherwise provided in section 6b or 6e, if the circuit court of this state does not have prior continuing jurisdiction over a child, the action shall be submitted to the circuit court of the county where the child resides or may be found by complaint or complaint and motion for order to show cause. An application for a writ of habeas corpus or for a warrant in its place to obtain custody of a child shall not be granted unless it appears that this act is inadequate and ineffective to resolve the particular child custody dispute.
History:
1970, Act 91, Eff. Apr. 1, 1971 ;-- Am. 1990, Act 315, Imd. Eff. Dec. 20, 1990 ;-- Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.26a - Joint Custody.

722.26a Joint custody.
Sec. 6a.
(1) In custody disputes between parents, the parents shall be advised of joint custody. At the request of either parent, the court shall consider an award of joint custody, and shall state on the record the reasons for granting or denying a request. In other cases joint custody may be considered by the court. The court shall determine whether joint custody is in the best interest of the child by considering the following factors:
(a) The factors enumerated in section 3.
(b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.
(2) If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, based upon clear and convincing evidence, that joint custody is not in the best interests of the child.
(3) If the court awards joint custody, the court may include in its award a statement regarding when the child shall reside with each parent, or may provide that physical custody be shared by the parents in a manner to assure the child continuing contact with both parents.
(4) During the time a child resides with a parent, that parent shall decide all routine matters concerning the child.
(5) If there is a dispute regarding residency, the court shall state the basis for a residency award on the record or in writing.
(6) Joint custody shall not eliminate the responsibility for child support. Each parent shall be responsible for child support based on the needs of the child and the actual resources of each parent. If a parent would otherwise be unable to maintain adequate housing for the child and the other parent has sufficient resources, the court may order modified support payments for a portion of housing expenses even during a period when the child is not residing in the home of the parent receiving support. An order of joint custody, in and of itself, shall not constitute grounds for modifying a support order.
(7) As used in this section, "joint custody" means an order of the court in which 1 or both of the following is specified:
(a) That the child shall reside alternately for specific periods with each of the parents.
(b) That the parents shall share decision-making authority as to the important decisions affecting the welfare of the child.
History:
Add. 1980, Act 434, Imd. Eff. Jan. 14, 1981
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.26b - Standing of Guardian or Limited Guardian of Child to Bring Action for Custody of Child; Filing of Action; Stay of Proceedings; Continuation of Order in Force; Copy of Judgment or Order of Disposition; Assignment of Judge.

722.26b Standing of guardian or limited guardian of child to bring action for custody of child; filing of action; stay of proceedings; continuation of order in force; copy of judgment or order of disposition; assignment of judge.
Sec. 6b.
(1) Except as otherwise provided in subsection (2), a guardian or limited guardian of a child has standing to bring an action for custody of the child as provided in this act.
(2) A limited guardian of a child does not have standing to bring an action for custody of the child if the parent or parents of the child have substantially complied with a limited guardianship placement plan regarding the child entered into as required by section 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5205, or section 424a of former 1978 PA 642.
(3) If the circuit court does not have prior continuing jurisdiction over the child, a child custody action brought by a guardian or limited guardian of the child shall be filed in the circuit court in the county in which the probate court appointed the guardian.
(4) Upon the filing of a child custody action brought by a child's guardian or limited guardian, guardianship proceedings concerning that child in the probate court are stayed until disposition of the child custody action. A probate court order concerning the guardianship of the child continues in force until superseded by a circuit court order. If the circuit court awards custody of the child, it shall send a copy of the judgment or order of disposition to the probate court in the county that appointed the child's guardian or limited guardian.
(5) If a child's guardian or limited guardian brings a child custody action, the circuit court shall request the supreme court in accordance with section 225 of the revised judicature act of 1961, 1961 PA 236, MCL 600.225, to assign the probate court judge who appointed that guardian or limited guardian to serve as the circuit court judge and hear the child custody action.
History:
Add. 1990, Act 315, Imd. Eff. Dec. 20, 1990 ;-- Am. 1993, Act 259, Imd. Eff. Nov. 29, 1993 ;-- Am. 2000, Act 60, Eff. Apr. 1, 2000
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.26c - Custody Action by Third Person; Conditions.

722.26c Custody action by third person; conditions.
Sec. 6c.
(1) A third person may bring an action for custody of a child if the court finds either of the following:
(a) Both of the following:
(i) The child was placed for adoption with the third person under the adoption laws of this or another state, and the placement order is still in effect at the time the action is filed.
(ii) After the placement, the child has resided with the third person for a minimum of 6 months.
(b) All of the following:
(i) The child's biological parents have never been married to one another.
(ii) The child's parent who has custody of the child dies or is missing and the other parent has not been granted legal custody under court order.
(iii) The third person is related to the child within the fifth degree by marriage, blood, or adoption.
(2) A third person shall include with an action filed under this section both of the following:
(a) An affidavit setting forth facts relative to the existence of the prerequisites required by subsection (1)(a) or (b).
(b) Notice that a defense or objection to a third person's right to bring an action for custody may be raised as an affirmative defense or by a motion for summary disposition based on lack of standing as provided in the Michigan court rules.
History:
Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993
Compiler's Notes:
Section 2 of Act No. 259 of the Public Acts of 1993 provided:“Sections 6c to 6e as added by this amendatory act are remedial in nature and apply retroactively.”
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.26d - Custody Action by Third Person; Jurisdiction.

722.26d Custody action by third person; jurisdiction.
Sec. 6d.
A third person filing an action under section 6c shall proceed as follows:
(a) If the circuit court has continuing jurisdiction over the child, the action shall be filed in the circuit court that has continuing jurisdiction over the child.
(b) If the circuit court does not have continuing jurisdiction over the child, the action shall be filed in the circuit court in the county where the child has resided for the 6 months immediately preceding the filing of the action or, if the child has not resided in any county for the 6 months immediately preceding the filing of the action, the action shall be filed in the circuit court in the county having the most significant connection with the child.
History:
Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993
Compiler's Notes:
Section 2 of Act No. 259 of the Public Acts of 1993 provided:“Sections 6c to 6e as added by this amendatory act are remedial in nature and apply retroactively.”
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.26e - Custody Action by Third Person; Notice; Powers of Court.

722.26e Custody action by third person; notice; powers of court.
Sec. 6e.
(1) A third person filing an action under section 6c shall send notice of the action to each party who has legal custody of the child and to each parent whose parental rights have not been terminated.
(2) In addition to other powers of the court, in an action under section 6c, the court may do any of the following:
(a) Appoint an attorney for a parent.
(b) Order that a necessary and reasonable amount of money be paid to the court for reimbursement of a party's attorney. A party may request an order under this subdivision. The moving party shall allege facts showing that the party is otherwise unable to bear the expense of the action. The court shall require the disclosure of attorney fees or other expenses paid.
(c) The court may award costs and fees as provided in section 2591 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2591 of the Michigan Compiled Laws.
History:
Add. 1993, Act 259, Imd. Eff. Nov. 29, 1993
Compiler's Notes:
Section 2 of Act No. 259 of the Public Acts of 1993 provided:“Sections 6c to 6e as added by this amendatory act are remedial in nature and apply retroactively.”
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.28 - Child Custody Disputes; Appeal, Grounds.

722.28 Child custody disputes; appeal, grounds.
Sec. 8.
To expedite the resolution of a child custody dispute by prompt and final adjudication, all orders and judgments of the circuit court shall be affirmed on appeal unless the trial judge made findings of fact against the great weight of evidence or committed a palpable abuse of discretion or a clear legal error on a major issue.
History:
1970, Act 91, Eff. Apr. 1, 1971
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.29 - Transition to Centralized Receipt and Disbursement of Support and Fees.

722.29 Transition to centralized receipt and disbursement of support and fees.
Sec. 9.
The department, the SDU, and each office of the friend of the court shall cooperate in the transition to the centralized receipt and disbursement of support and fees. An office of the friend of the court shall continue to receive and disburse support and fees through the transition, based on the schedule developed as required by section 6 of the office of child support act, 1971 PA 174, MCL 400.236, and modifications to that schedule as the department considers necessary.
History:
1970, Act 91, Eff. Apr. 1, 1971 ;-- Am. 1999, Act 156, Imd. Eff. Nov. 3, 1999
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 91 of 1970 - Child Custody Act of 1970 (722.21 - 722.31) › Section 722.30 - Access to Records or Information by Noncustodial Parent.

722.30 Access to records or information by noncustodial parent.
Sec. 10.
Notwithstanding any other provision of law, a parent shall not be denied access to records or information concerning his or her child because the parent is not the child's custodial parent, unless the parent is prohibited from having access to the records or information by a protective order. As used in this section, "records or information" includes, but is not limited to, medical, dental, and school records, day care provider's records, and notification of meetings regarding the child's education.
History:
Add. 1996, Act 304, Eff. Jan. 1, 1997
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 22 of 1971 - Blood Donations (722.41 - 722.41) › Section 722.41 - Repealed. 2010, Act 382, Imd. Eff. Dec. 22, 2010.

722.41 Repealed. 2010, Act 382, Imd. Eff. Dec. 22, 2010.
Compiler's Notes:
The repealed section pertained to donation of blood by person 17 years of age or older without parental or guardian's permission or authorization.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 79 of 1971 - Age of Majority Act of 1971 (722.51 - 722.55) › Section 722.51 - Short Title.

722.51 Short title.
Sec. 1.
This act shall be known and may be cited as the "Age of Majority Act of 1971".
History:
1971, Act 79, Eff. Jan. 1, 1972
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 79 of 1971 - Age of Majority Act of 1971 (722.51 - 722.55) › Section 722.52 - Adult of Legal Age; Support Payments for Person 18 Years of Age or Older.

722.52 Adult of legal age; support payments for person 18 years of age or older.
Sec. 2.
(1) Except as otherwise provided in the state constitution of 1963 and subsection (2), notwithstanding any other provision of law to the contrary, a person who is at least 18 years of age on or after January 1, 1972, is an adult of legal age for all purposes whatsoever, and shall have the same duties, liabilities, responsibilities, rights, and legal capacity as persons heretofore acquired at 21 years of age.
(2) A court may order support payments for a person 18 years of age or older as provided in 1 or more of the following:
(a) Chapter 84 of the revised statutes of 1846, being sections 552.1 to 552.45 of the Michigan Compiled Laws.
(b) The child custody act of 1970, Act No. 91 of the Public Acts of 1970, being sections 722.21 to 722.29 of the Michigan Compiled Laws.
(c) The family support act, Act No. 138 of the Public Acts of 1966, being sections 552.451 to 552.459 of the Michigan Compiled Laws.
(d) The paternity act, Act No. 205 of the Public Acts of 1956, being sections 722.711 to 722.730 of the Michigan Compiled Laws.
(e) Act No. 293 of the Public Acts of 1968, being sections 722.1 to 722.6 of the Michigan Compiled Laws.
History:
1971, Act 79, Eff. Jan. 1, 1972 ;-- Am. 1990, Act 104, Eff. Oct. 10, 1990
Compiler's Notes:
In subsection (2)(a), the phrase “revised statutes of 1846” evidently should read “Revised Statutes of 1846.”
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 79 of 1971 - Age of Majority Act of 1971 (722.51 - 722.55) › Section 722.53 - Superseded Laws.

722.53 Superseded laws.
Sec. 3.
(1) This act supersedes all provisions of law that prescribe duties, liabilities, responsibilities, rights, and legal capacity of individuals 18 years of age to 20 years of age different from individuals 21 years of age, including, but not limited to, the following public acts:
(a) Sections 2 and 6 of 1927 PA 372, MCL 28.422 and 28.426.
(b) Section 1 of former 1921 PA 53.
(c) Former section 107 of 1846 RS 14.
(d) Former section 69 of the general property tax act, 1893 PA 206.
(e) Former sections 305 and 310a of the Michigan vehicle code, 1949 PA 300.
(f) Sections 9a and 44 of former 1923 PA 151.
(g) Former section 55b of the social welfare act, 1939 PA 280.
(h) Section 823 of the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.823.
(i) Section 12 of former 1959 PA 27.
(j) Sections 33, 33a, and 33b of former 1933 (Ex Sess) PA 8.
(k) Section 1 of 1919 PA 160, MCL 551.251.
(l) Sections 1 to 4, 6, 7, and 9 of former 1959 PA 172.
(m) Sections 15 and 29 of 1846 RS 66, MCL 558.15 and 558.29.
(n) The revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.
(o) The probate code of 1939, 1939 PA 288, MCL 710.21 to 712B.41.
(p) 1968 PA 293, MCL 722.1 to 722.6.
(q) Sections 28, 141, 141a, and 142 of the Michigan penal code, 1931 PA 328, MCL 750.28, 750.141, 750.141a, and 750.142.
(r) Former sections 141c, 141d, 243a to 243e, and 345 of the Michigan penal code, 1931 PA 328.
(s) Former 1959 PA 186.
(t) Section 10 of chapter VI of the code of criminal procedure, 1927 PA 175, MCL 766.10.
(2) Notwithstanding subsection (1) and section 2, this act does not apply to the youth tobacco act, 1915 PA 31, MCL 722.641 to 722.645.
History:
1971, Act 79, Eff. Jan. 1, 1972 ;-- Am. 2022, Act 170, Imd. Eff. July 21, 2022
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 79 of 1971 - Age of Majority Act of 1971 (722.51 - 722.55) › Section 722.54 - Saving Clause.

722.54 Saving clause.
Sec. 4.
This act does not impair or affect any act done, offense committed or right accruing, accrued or acquired, or a liability, penalty, forfeiture or punishment incurred before this act takes effect, but the same may be enjoyed, asserted and enforced, as fully and to the same extent as if this act had not been passed. Such proceedings may be consummated under and in accordance with the law in force at the time the proceedings are or were commenced. Proceedings pending at the effective date of this act and proceedings instituted thereafter for any act, offense committed, right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred before the effective date of this act may be continued or instituted under and in accordance with the law in force at the time of the commission of the act, offense committed, right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred.
History:
1971, Act 79, Eff. Jan. 1, 1972
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 79 of 1971 - Age of Majority Act of 1971 (722.51 - 722.55) › Section 722.55 - Effective Date.

722.55 Effective date.
Sec. 5.
This act shall take effect January 1, 1972.
History:
1971, Act 79, Eff. Jan. 1, 1972
2023 Michigan Compiled Laws › Chapter 722 - Children › Repealed - Act 47 of 1944 (1st Ex. Sess.) - Child Welfare Agencies (722.101 - 722.108)

CHILD WELFARE AGENCIES
Act 47 of 1944 (1st Ex. Sess.)
722.101-722.108 Repealed. 1973, Act 116, Eff. Mar. 29, 1974.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.111a - Concurrent Licensing as Adult Foster Care Family Home or Adult Foster Care Small Group Home; Additional Children; Combined Licensed Capacity; Limitation; Definitions.

722.111a Concurrent licensing as adult foster care family home or adult foster care small group home; additional children; combined licensed capacity; limitation; definitions.
Sec. 1a.
(1) A private residence licensed as a foster family home or foster family group home may be concurrently licensed as an adult foster care family home. Additional children not related to a resident of the foster family home or foster family group home shall not be received in the foster family home or foster family group home after the filing of an application for an adult foster care family home license.
(2) A child caring institution with a licensed capacity of 6 or fewer residents may be concurrently licensed as an adult foster care small group home. Additional children not related to a resident of the child caring institution shall not be received in the child caring institution after the filing of an application for an adult foster care small group home license. The combined licensed capacity shall not exceed a combination of 6 children and adults.
(3) A group child care home or a family child care home shall not be concurrently licensed as an adult foster care family home or an adult foster care small group home.
(4) As used in this section:
(a) "Adult foster care family home" means that term as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703.
(b) "Adult foster care small group home" means that term as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703.
History:
Add. 1984, Act 139, Imd. Eff. June 1, 1984 ;-- Am. 2017, Act 257, Eff. Mar. 28, 2018
Compiler's Notes:
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.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.112a - Child Caring Institution, Foster Family Home, Foster Family Group Home, Child Care Center, Group Child Care Home, and Family Child Care Home; Individual Certified in First Aid and Cardiopulmonary Resuscitation; Applicability of MCL 722.125.

722.112a Child caring institution, foster family home, foster family group home, child care center, group child care home, and family child care home; individual certified in first aid and cardiopulmonary resuscitation; applicability of MCL 722.125.
Sec. 2a.
(1) A child caring institution, foster family home, foster family group home, child care center, group child care home, and family child care home shall have individuals present, as prescribed in the appropriate administrative rules, who have current certification in first aid and cardiopulmonary resuscitation obtained through the American Red Cross, the American Heart Association, or an equivalent organization or institution approved by the department.
(2) Section 15 does not apply to this section.
History:
Add. 1994, Act 349, Eff. Dec. 16, 1995 ;-- Am. 1998, Act 440, Imd. Eff. Dec. 30, 1998 ;-- Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007 ;-- Am. 2017, Act 257, Eff. Mar. 28, 2018
Compiler's Notes:
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.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113a - Visiting Child at Child Care Center, Group Child Care Home, or Family Child Care Home; Effect of Court Order.

722.113a Visiting child at child care center, group child care home, or family child care home; effect of court order.
Sec. 3a.
(1) A parent or legal guardian of a child at a child care center, group child care home, or family child care home may visit the child at the child care center, group child care home, or family child care home at any time.
(2) A parent or legal guardian who wishes to enroll a child at a child care center, group child care home, or family child care home may visit the child care center, group child care home, or family child care home before the child's enrollment during the hours of operation of the child care center, group child care home, or family child care home.
(3) This section does not permit parenting time with a child in violation of a court order.
History:
Add. 1986, Act 140, Imd. Eff. July 1, 1986 ;-- Am. 1997, Act 165, Eff. Mar. 31, 1998 ;-- Am. 2017, Act 257, Eff. Mar. 28, 2018
Compiler's Notes:
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.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113b - Smoking Prohibited; "Smoke" or "Smoking" Defined.

722.113b Smoking prohibited; "smoke" or "smoking" defined.
Sec. 3b.
(1) An individual shall not smoke in a child caring institution or child care center or on real property that is under the control of a child caring institution or child care center and upon which the child caring institution or child care center is located, including other related buildings. The operator of a child care center shall conspicuously post on the premises a notice that specifies that smoking on the premises is prohibited.
(2) As used in this section and section 3c, "smoke" or "smoking" means those terms as defined in section 12601 of the public health code, 1978 PA 368, MCL 333.12601.
History:
Add. 1993, Act 211, Imd. Eff. Oct. 22, 1993 ;-- Am. 2017, Act 257, Eff. Mar. 28, 2018
Compiler's Notes:
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.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113c - Smoking on Premises of Group Child Care Home or Family Child Care Home During Hours of Operation Prohibited; Smoking During Other Hours; Notice to Parent or Legal Guardian.

722.113c Smoking on premises of group child care home or family child care home during hours of operation prohibited; smoking during other hours; notice to parent or legal guardian.
Sec. 3c.
An individual shall not smoke on the premises of a group child care home or family child care home during the hours of operation of the group child care home or family child care home. The operator of a group child care home or family child care home may permit smoking on the premises during a period other than the hours of operation of that group child care home or family child care home if the operator has provided to a parent or legal guardian of each child participating in a group child care home or family child care home activity notice that smoking on the premises occurs or may occur when the group child care home or family child care home is not in operation. The operator of a group child care home or family child care home shall conspicuously post on the premises a notice that specifies that smoking on the premises is prohibited during the hours of operation of the group child care home or family child care home.
History:
Add. 1993, Act 219, Eff. Apr. 1, 1994 ;-- Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007 ;-- Am. 2017, Act 257, Eff. Mar. 28, 2018
Compiler's Notes:
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.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113d - Repealed. 2017, Act 257, Eff. Mar. 28, 2018.

722.113d Repealed. 2017, Act 257, Eff. Mar. 28, 2018.
Compiler's Notes:
The repealed section pertained to prohibition against smoking on premises of group child care home during hours of operation.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113e - Criminal History Background Check Required; Posting Notice; Rules.

722.113e Criminal history background check required; posting notice; rules.
Sec. 3e.
The operator of a child care center or child caring institution shall conspicuously post on the premises a notice stating that the child care center or child caring institution requires a criminal history background check on its employees or volunteers. The department shall promulgate rules to implement this section under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
Add. 2002, Act 717, Eff. Mar. 31, 2003 ;-- Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007 ;-- Am. 2017, Act 257, Eff. Mar. 28, 2018
Compiler's Notes:
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.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113g - Licensing Records Notebook.

722.113g Licensing records notebook.
Sec. 3g.
(1) The operator of a child care center, group child care home, or family child care home shall maintain licensing records on its premises in the form of a licensing notebook. If internet access is available at the child care center, group child care home, or family child care home, access may be provided through the department's electronic database of licensing records for the entity. The licensing records shall be made available for review to parents or guardians of children under the care of, and parents or guardians considering placing their children in the care of, the child care center, group child care home, or family child care home during the hours of operation of the child care center, group child care home, or family child care home.
(2) The licensing records described in subsection (1) must include the original licensing study. The licensing records must also include all licensing inspections, renewal inspections, special investigations, and corrective action plan approval letters for the past 3 years. The licensing notebook must also include a summary sheet outlining the reports contained in the licensing notebook. The information in the licensing notebook shall be updated as provided by the department and may be made available via internet access.
(3) The department shall include on its "Child in Care Statement/Receipt" form or any successor form used instead of that form a check box allowing the parent or guardian to acknowledge that he or she is aware of the licensing records information available in the licensing notebook or the department's electronic database and that the licensing notebook or the department's electronic database is available for his or her review on the premises or on the department's website and that information is available on the department's website. The "Child in Care Statement/Receipt" form or successor form must contain in bold print the department's website address where the information may be located.
History:
Add. 2010, Act 85, Imd. Eff. May 27, 2010 ;-- Am. 2017, Act 257, Eff. Mar. 28, 2018 ;-- Am. 2022, Act 112, Imd. Eff. June 23, 2022
Compiler's Notes:
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.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113h - Unannounced Inspections of Child Care Organizations.

722.113h Unannounced inspections of child care organizations.
Sec. 3h.
An inspection in accordance with the approved state child care plan of a child care organization licensed under this act must be unannounced, unless the department, in its discretion, considers it necessary to schedule an appointment for an inspection.
History:
Add. 2017, Act 257, Eff. Mar. 28, 2018 ;-- Am. 2022, Act 106, Imd. Eff. June 23, 2022
Compiler's Notes:
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.
Popular Name:
Act 116
Popular Name:
Child Care Licensing Act
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113j - Duties of Child Care Center Under Drinking Water Management Plan.

722.113j Duties of child care center under drinking water management plan.
Sec. 3j.
Within 2 years after the effective date of the amendatory act that added this section, each child care center shall do all of the following in a manner consistent with the drinking water management plan created under section 3i:
(a) Post a conspicuous sign near each water outlet and drinking fountain indicating whether or not the outlet is intended to provide water for human consumption. If the water outlet or drinking fountain is intended to provide water for human consumption but is unfiltered, the sign must also state that the water is unfiltered and could contain lead.
(b) Ensure that any water furnished to children for human consumption by the child care center is from a filtered faucet or other filtered source that is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal, or from a water delivery service.
(c) Make available to the public and notify the parent or guardian of each child enrolled in the child care center of the availability of both of the following:
(i) The results of all water sampling and testing conducted under section 3i.
(ii) All filter and filter cartridge replacement dates for each filtered bottle-filling station, filtered faucet, filtered pitcher, or other filtered source.
History:
Add. 2023, Act 155, Eff. Oct. 24, 2023
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.113k - Child Care Center Located in School Building; Drinking Water Compliance Standards.

722.113k Child care center located in school building; drinking water compliance standards.
Sec. 3k.
If a child care center is located in a school building that complies with the clean drinking water access act, the child care center is considered to comply with sections 3i and 3j.
History:
Add. 2023, Act 155, Eff. Oct. 24, 2023