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No Opposition Seen for Baby-sitting Bill; Legislation Passes House, Goes to Senate

The Grand Rapids Press, 29 October 2009

State Senate leaders predict little opposition to a bill differentiating between casual baby-sitting and a formal day-care operation.

The legislation, unanimously approved by the state House of Representatives on Wednesday, would allow neighbors and friends to baby-sit children at their homes for free or a minimal charge.

"I see no reason why we wouldn't support it, considering it was quite an overstep by the department of human services," said Matt Marsden, spokesman for Senate Majority Leader Mike Bishop, R-Rochester.

The legislation was introduced after the Michigan Department of Human Services in September said Middleville mother was breaking the law by watching a neighbor's children while they waited for a school bus.

The case made national headlines before the DHS changed its stance and told Lisa Snyder she was not violating state law and could continue watching the children.

"I have not heard from members that there's a lot of opposition to the issue," said Tom Lenard, spokesman for Senate Democrats.

"As far as the specifics of the bill, I haven't heard of anyone having strong opposition."

Under current law, at-home baby-sitters and relatives who watch after children are not considered day-care providers. But people cannot provide care for unrelated children in their home for more than four weeks annually unless they are licensed or registered with the state.

Failure to do so is a misdemeanor punishable by fines or jail time.

Child-care licensing requires undergoing CPR training, mental evaluations and criminal background checks, among other rules. State Rep. Brian Calley, R-Portland, introduced the legislation. He said negotiations with DHS have been amicable, and that the department wanted to have better guidelines to apply to cases such as Snyder's.

The bill would differentiate between casual baby-sitting and operating a day-care facility. "It's a pretty good compromise," Calley said. There would be no need to obtain a day-care license for casual baby-sitting, which would be defined as child care that happens outside the home but without compensation involved -- or if compensation is involved, as long as it does not meet the Internal Revenue Service's threshold of about $600.

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