The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5205

August 5, 1977

CHILDREN AND MINORS:

Child Care Organization Act

Neighbors who provide temporary babysitting services on a friendship basis, without charge, do not fall within the coverage of the Child Care Organization Act. If a charge is imposed for this service, the organization providing the service must be licensed.

Honorable Claude Trim

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion regarding the interpretation of the Child Care Organization Act, 1973 PA 116, MCLA 722.111 et seq; MSA 25.358(11) et seq. Specifically, you have asked whether 'any person who . . . would have a neighbor's child in (his) home would have to apply for a license for caring for unrelated children in his home' under the above cited Act. In your letter to me, you describe a situation, common in your district, where people 'open their homes for a neighbor's child while the mother does her shopping as a good samaritan act with no exchange of money.'

The title of the Child Care Organization Act indicates that its purpose is:

'. . . 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 provide penalties; and to repeal certain acts and parts of acts.'

A child care organization is defined in 1973 PA 116, supra, Sec. 1(1), as:

'. . . a governmental or nongovernmental organization having as its principal function the receiving of minor children under 18 years of age for care, maintenance, training, and supervision, notwithstanding that educational instruction may be given. Child care organization includes organizations commonly described as child caring institutions, child placing agencies, operative preschools, foster homes, group homes; or day care homes.' (Emphasis added)

1973 PA 116, supra, Sec. 5(1) requires that 'a person, partnership, firm, corporation, association, or nongovernmental organization may not establish or maintain a child care organization, unless licensed by the department (of Social Services) . . ..'

As indicated in 1973 PA 116, Sec. 1(1)(e), supra, a private residence 'may be a full-time foster family home, a full-time foster family group home, a group day care home, or a family day care home' and, therefore, may be subject to licensure. The four types of child care organizations listed above which are operated in private homes are defined as follows:

'(i) 'Foster family home' is a private home in which one but no more than 4 minor children, who are not related to an adult member of the household by blood, marriage, or adoption, are given care and supervision for 24 hours a day, for 4 of more days a week, for 2 or more consecutive weeks, unattended by a parent or legal guardian.

(ii) 'Foster family group home' means a private home in which more than 4 but less than 7 children, who are not related to an adult member of the household by blood, marriage, or adoption, are provided care for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks; unattended by a parent or legal guardian.

(iii) 'Family day care home' means a private home in which one but less than 7 minor children are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than 4 weeks during a calendar year.

'(iv) 'Group day care home' means a private home in which more than 6 but not more than 12 children given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption. It includes a home that gives care to an unrelated child for more than 4 weeks during a calendar year.'

Not every household which falls within the broad categories in subsection 1(1)(e) is subject to licensure. A home is not subject to the act unless it meets the broader definition of 'child care organization.' In order to fall within the broader definition, a home must: (1) be established as an organization, (2) receive children for day care or foster care services as the principal function of the organization, and (3) provide care, maintenance, training and supervision services.

While 'organization' is not specifically defined for purposes of the Child Care Organization Act, the common understanding of the term implies the existence of an operation conducted on a continuous basis functioning as a business or providing a service to the community. When a person agrees to look after a neighbor's child, without charge, for a few hours on a periodic basis, that person's principal purpose is to accommodate a friend and not to receive children for care, maintenance, training and supervision, even though some supervision will incidentally be involved in performing the favor. If a charge is imposed for this service, it will then take on the aspect of being an organization and will be subject to licensure.

Therefore, it is my opinion that neighbors who provide temporary babysitting services on a friendship basis, without charge, do not fall within the coverage of the Child Care Organization Act.

Frank J. Kelley

Attorney General