MI HB4409

Amends the child care licensing and regulation law to clarify medical consent authority for children in out-of-home care under the social welfare act, probate code, or child care licensing act.

Requires the department to execute written instruments giving foster parents authority to consent to routine, nonsurgical medical care for children in their care.

Allows probate courts, child placing agencies, and the department to consent to routine, nonsurgical medical care and emergency medical and surgical treatment for children in child care organizations and institutions.

Requires parents or guardians to consent to routine, nonsurgical medical care and reserves consent for nonemergency, elective surgery to the parent, legal guardian, probate court, or agency with jurisdiction (if parental rights are terminated).

Excludes contraceptive treatments, services, medications, devices, and psychotropic medications from the definition of "routine, nonsurgical medical care."