Mich. Comp. Laws » Michigan Compiled Laws / Chapter 722 / Act 116 of 1973
Michigan Compiled Laws

Mich. Comp. Laws § 722.125 (2026)

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.

✓ current as of July 2026
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CHILD CARE ORGANIZATIONS


Act 116 of 1973


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.

    For the transfer of all powers and duties related to the licensing and regulation of children's camps, child care centers, day care centers, family day care homes, and group day care homes from the department of licensing and regulatory affairs to MiLEAP, see E.R.O. No. 2023-2, compiled at MCL 388.1283.

PopularName Notes:

Act 116

PopularName Notes:

Child Care Licensing Act
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1981–2021 · leading case: People of Michigan v. Stanley G Duncan, 494 Mich. 713 (Mich. 2013).
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People of Michigan v. Stanley G Duncan, 494 Mich. 713 (Mich. 2013). · cites it 2× “8 MCL 722.125(1)(b). 9 See MRE 601 (“Unless the court finds after questioning a person that the person does not have sufficient physical or mental capacity or sense of obligation to testify truthfully and understandably, every person is competent to be a witness except as…”
Dep't of Soc. Servs. v. Emmanuel Baptist Preschool, 455 N.W.2d 1 (Mich. 1990). · cites it 4× “MCL 722.125; MSA 25.358(25). The DSS has not directly disputed defendants' claim that their objection to licensing is grounded in sincerely held religious belief.”
Lane v. Kindercare Learning Centers, Inc, 588 N.W.2d 715 (Mich. Ct. App. 1998). “MCL 722.125; MSA 25.358(25). Therefore the trial court properly concluded that plaintiff had no private cause of action based on the alleged violations of the child care organizations act.”
Erickson v. Dep't of Soc. Servs., 310 N.W.2d 428 (Mich. Ct. App. 1981). · cites it 2× “Although a state or local government run facility is subject to the same rules of operation as its private counterpart, including criminal penalties for failure to comply with such standards, MCL 722.125; MSA 25.358(25), the state's formal approval of the facility does not…”
People of Michigan v. Porsha Brianne Thompson (Mich. Ct. App. 2021). · cites it 2× “111,[9] violates section 15(2) of 1973 PA 116 , MCL 722.125.[10] It appears that defendant was charged on a theory of a reckless act.”
— Mich. Comp. Laws § 722.125(1)(b) — 1 case
People of Michigan v. Stanley G Duncan, 494 Mich. 713 (Mich. 2013). “8 MCL 722.125(1)(b). 9 See MRE 601 (“Unless the court finds after questioning a person that the person does not have sufficient physical or mental capacity or sense of obligation to testify truthfully and understandably, every person is competent to be a witness except as…”
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