Bill
HB 5803
Michigan bill clarifies child care licensing definitions and allows automatic increased capacity for certain family/group homes after 29 months, with oversight and appeal rights.
HB 5803 (2025-2026) – Michigan
Subject: Child care licensing rules; exemption for centers operating preschool classrooms
Jurisdiction: Michigan (Department of Health and Human Services and Department of Licensing and Regulatory Affairs)
Purpose and overall intent
- The bill amends section 1 of 1973 PA 116 (MCL 722.111), as amended by 2024 PA 50, to clarify and expand definitions and licensing concepts within Michigan’s child care licensing regime.
- It primarily reinforces and standardizes terms critical to regulating child care organizations, centers, homes, and related entities, with a particular focus on capacity, licensing status, and the roles of licensees and staff.
Key provisions and changes
- Definitions: The bill provides lengthy, precise definitions for a broad set of terms used in the act, including:
- Child care staff member, child care organization, child caring institution, child caring institution staff member, child placing agency, children’s camp, children’s campsite, children’s therapeutic group home, child care center.
- Related terms such as criminal history checks, department (DHHS and LARA), licensee, licensee designee, minor child, school-age child, private home, group child care home, family child care home, foster family home/group home, and others.
- Specific operational and safety concepts, including trauma-informed care standards (QRTP), emergency safety intervention, and various licensing statuses (original license, provisional license, regular license, increased capacity).
- Increased capacity framework (new or clarified mechanism):
- A family child care home or group child care home can automatically become eligible for increased capacity if it meets these conditions:
- Holds a current license and has a license history spanning at least 29 consecutive months.
- Has cared for at least one unrelated minor child during the licensed period.
- Has received a renewed regular license after at least 29 months of operation.
- The department can rescind increased capacity for reasons related to corrective action, licensing action, or welfare concerns about increased capacity.
- If increased capacity is rescinded, the entity may be reconsidered for increased capacity no sooner than 22 months after the rescission, under a department-determined process, with an appeal right via the standard hearing process (section 11(2)).
- Administrative scope and responsibilities:
- Clarifies which department handles licensure for various types of child care organizations (LARA for centers and certain homes; DHHS for other settings such as child caring institutions and related foster care entities).
- Establishes formal terms that support enforcement, compliance, and ongoing licensing decisions.
Who is affected
- Child care centers, group child care homes, and family child care homes, along with related entities such as child caring institutions, child placing agencies, and foster care homes.
- Licensees, licensee designees, and staff members (including contractors, interns, or individuals with specific services under the act’s rules).
- Unrelated minor children receiving care in licensed settings, and staff who interact with these children.
- Regulators (LARA and DHHS) responsible for licensure, compliance, and increased capacity determinations.
Procedural and timeline aspects
- Establishes criteria for automatic eligibility for increased capacity after 29 months of operation and renewal, with department oversight for increases and rescissions.
- Provides a built-in mechanism to appeal department decisions related to rescission of increased capacity.
- The bill was introduced and referred to the House Education and Workforce Committee, with an anticipated committee review and potential amendments before floor consideration.
Note: The text focuses on definitional structure and capacity-related licensing mechanics; it does not adopt new funding authorizations or immediate regulatory changes beyond its defined framework.
Compiled from official sources — confirm details with the bill’s official record.
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