2023 Michigan Compiled Laws › Chapter 722 - Children › Act 116 of 1973 - Child Care Organizations (722.111 - 722.128) › Section 722.125 - Violation of Act; Violation of Rule Causing Death of Child; Penalty; Conviction as Ground for Revocation of License; Effect of Revocation, Denial, or Refusal to Renew; Rejection of Application; "Certificate of Registration" Defined.

722.125 Violation of act; violation of rule causing death of child; penalty; conviction as ground for revocation of license; effect of revocation, denial, or refusal to renew; rejection of application; "certificate of registration" defined.
Sec. 15.
(1) Except as provided in subsection (2), a person, child care organization, agency, or representative or officer of a firm, a corporation, an association, or an organization who violates this act is guilty of a misdemeanor punishable by the following:
(a) A fine of not less than $100.00 or more than $1,000.00 for a violation of section 3b, 3c, or 3d.
(b) For a violation not described in either subdivision (a) or subsection (2), a fine of not less than $100.00 or more than $1,000.00, or imprisonment for not more than 90 days, or both.
(2) If a person, family child care home, group child care home, agency, or representative or officer of a firm, a corporation, an association, or an organization intentionally violates a licensing rule for family and group child care homes promulgated under this act and in effect on January 1, 2017, and that violation causes the death of a child, the person, family child care home, group child care home, agency, or representative or officer of a firm, a corporation, an association, or an organization is guilty of second degree child abuse described in section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b, and punishable as provided in that section. In addition to any other penalty imposed, its license shall be permanently revoked.
(3) If a person, child care organization, agency, or representative or officer of a firm, a corporation, an association, or an organization is convicted under this act, the conviction is sufficient ground for the revocation of its license, and the person, child care organization, agency, or representative or officer of a firm, a corporation, an association, or an organization convicted shall not be granted a license, or be permitted to be connected, directly or indirectly, with a licensee or a registrant for a period of not less than 5 years after the conviction, except as provided in subsection (2).
(4) A person, child care organization, agency, or representative or officer of a firm, a corporation, an association, or an organization who has a license or certificate of registration revoked, application denied, renewal refused, or, before the effective date of the 2017 amendatory act that amended this subsection, certificate of registration revoked or refused renewal or application denied may be refused a license, or be prohibited from being connected, directly or indirectly, with a licensee for a period of not less than 5 years after the revocation, denial, or refusal to renew. The department, in its discretion, is not required to accept an application from a person, child care organization, agency, or representative or officer of a firm, a corporation, an association, or an organization described in this subsection. The department may reject the application on its face without taking further action after notifying the applicant of the rejection and the reason for the rejection.
(5) As used in this section, "certificate of registration" means the written document issued previously under this act to a family child care home through registration.
History:
1973, Act 116, Eff. Mar. 29, 1974 ;-- Am. 1980, Act 232, Imd. Eff. July 20, 1980 ;-- Am. 1993, Act 218, Eff. Apr. 1, 1994 ;-- Am. 2016, Act 487, Eff. Apr. 6, 2017 ;-- 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