Actions Against Child Placing Agencies


Law Offices of RL Johnson PLLC          

Michigan's Premier Civil Litigation Firm

Contesting Proposed, Adverse Agency Action

In Michigan, a “child care organization” can be any of the following:

 

  • Child Caring Institution

  • Children’s Therapeutic Group Home

  • Child Placing Agency

  • Children’s Camp

  • Foster Family Home

  • Child (Day Care) Care Center

  • Family Child Care Home

  • Group Child Care Home

 

Rule 722.121 of the Child Care Organizations Regulation Act (aka 1973 PA 116), gives the Michigan Department of Human Services (“DHS”) the power to:

 

  1. Deny, revoke, or refusal to renew a license or certificate of registration;

  2. Modify the provisional status of license; and,

  3. Conduct hearings and make decisions.

 

However, the DHS may not revoke a license or a certificate of registration, or refuse to renew a license, or deny an application for a license, or modify an existing license to a provisional status unless the licensee, registrant, or applicant is given notice in writing of the grounds of the proposed revocation, denial, modification, or refusal.           

 

Once notice of the agency action is received, the child caring agency or institution has thirty (30) days from the receipt of the notice to appeal the agency’s decision.  The appeal must be in writing addressed to the agency director. The director or a designated representative of the director must, then, conduct a hearing [sometimes called a “compliance conference”] at which the licensee, registrant, or applicant may present testimony and confront witnesses.

 

Generally, for revocation and modification actions, the chain of events will occur in the following order:

 

  • A complaint is filed by a client or interested party;

  • The DHS conducts it investigation;

  • The daycare center or child caring organization receives a letter notifying it of the results of the investigation;

  • The daycare center or child caring organization receives an “Intent to Suspend, Modify, or Revoke” letter;

  • The daycare center or child caring organization may be permitted to attend an “informal” meeting where DHS’s investigative concerns may be discussed in more detail.  Occasionally, these meeting will result in DHS reconsidering its intent to revoke or modify a license.

  • DHS serves its decision on the daycare center or child caring organization; finally,

  • The daycare center or child caring organization has 30 days from the receipt of this letter to appeal DHS’s decision.   Note that appeals are governed by and conducted pursuant to the Michigan’s Administrative Procures Act (“APA”).

 

We can represent your organization at all stages of the appeals process before the DHS.

 

DISCLAIMER: All information contained in this website is for education purpose only. Law Offices of RL Johnson PLLC, its agents and affiliates cannot and will not render any legal or tax advice of any kind, unless said agent is duly licensed by the applicable state and/or federal authority to give said advice.

 

© 2012 by Law Offices RL Johnson PLLC