Section 722.115f - Operation of family or group child care home; conduct of criminal history check and criminal records check by department of state police; fee; arraignment of registrant or licensee
CHILD CARE ORGANIZATIONS (EXCERPT)
Act 116 of 1973
722.115f Operation of family or group child care home; conduct of criminal history check and criminal records check by department of state police; fee; arraignment of registrant or licensee for certain crimes; report required; violation; penalty; deletion of arraignment information from records; notice; criminal history check and criminal records check on current licensees and registrants; exception.
Sec. 5f.
(1) Except as provided in subsection (13), when a person applies for or to renew a certificate of registration to operate a family child care home or a license to operate a group child care home under section 5, the department shall request the department of state police to perform both of the following on that person:
(a) Conduct a criminal history check on the person.
(b) Conduct a criminal records check through the federal bureau of investigation on the person.
(2) Each person applying for a certificate of registration to operate a family child care home or a license to operate a group child care home shall give written consent at the time of application for the department of state police to conduct a criminal history check and a criminal records check required under this section. The department shall require the person to submit his or her fingerprints to the department of state police for the criminal history check and criminal records check described in subsection (1).
(3) The department shall request a criminal history check and criminal records check required under this section on a form and in the manner prescribed by the department of state police.
(4) Within a reasonable time after receiving a complete request by the department for a criminal history check on a person under this section, the department of state police shall conduct the criminal history check and provide a report of the results to the department. The report shall contain any criminal history record information on the person maintained by the department of state police.
(5) Within a reasonable time after receiving a proper request by the department for a criminal records check on a person under this section, the department of state police shall initiate the criminal records check. After receiving the results of the criminal records check from the federal bureau of investigation, the department of state police shall provide a report of the results to the department.
(6) The department of state police may charge the department a fee for a criminal history check or a criminal records check required under this section that does not exceed the actual and reasonable cost of conducting the check. The department may pass along to the registrant, licensee, or applicant the actual cost or fee charged by the department of state police for performing a criminal history check or a criminal records check required under this section.
(7) A person to whom a certificate of registration or license has been issued under this act shall report to the department within 3 business days after he or she has been arraigned for 1 or more of the following crimes and within 3 business days after he or she knows or should reasonably know that an employee or a person over 18 years of age residing in the home has been arraigned for 1 or more of the following crimes:
(a) Any felony.
(b) Any of the following misdemeanors:
(i) Criminal sexual conduct in the fourth degree or an attempt to commit criminal sexual conduct in the fourth degree.
(ii) Child abuse in the third or fourth degree or an attempt to commit child abuse in the third or fourth degree.
(iii) A misdemeanor involving cruelty, torture, or indecent exposure involving a child.
(iv) A misdemeanor violation of section 7410 of the public health code, 1978 PA 368, MCL 333.7410.
(v) A violation of section 115, 141a, 145a, 335a, or 359 of the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a, 750.145a, 750.335a, and 750.359, or a misdemeanor violation of section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and 750.145d.
(vi) A misdemeanor violation of section 701 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701.
(vii) Any misdemeanor that is a listed offense.
(c) A violation of a substantially similar law of another state, of a political subdivision of this state or another state, or of the United States.
(8) A person who violates subsection (7) is guilty of a crime as follows:
(a) If the person violates subsection (7) and the crime involved in the violation is a misdemeanor that is a listed offense or is a felony, the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(b) If the person violates subsection (7) and the crime involved in the violation is a misdemeanor that is not a listed offense, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(9) The department shall delete from the registrant's or licensee's records all information relating to an arraignment required to be reported under this section if the department receives documentation that the person arraigned for the crime is subsequently not convicted of any crime after the completion of judicial proceedings resulting from that arraignment.
(10) Not later than January 31, 2006, the department shall inform all persons currently issued a certificate of registration or license and all applicants for a certificate of registration or license of the requirement to report certain arraignments as required in this section and the penalty for not reporting those arraignments.
(11) At the time the department issues a certificate of registration to operate a family child care home or a license to operate a group child care home under this act, the department shall notify the registrant or licensee of the requirement to report certain arraignments as required in this section and the penalty for not reporting those arraignments.
(12) Not later than January 1, 2007, the department shall conduct a criminal history check and criminal records check on all persons currently issued a certificate of registration under this act to operate a family child care home or a license under this act to operate a group child care home.
(13) Beginning January 1, 2006, if a person applying to renew a certificate of registration to operate a family child care home under section 5 or a license to operate a group child care home under section 5 has previously undergone a criminal history check and criminal records check required under subsection (1) and has continuously maintained a certificate of registration to operate a family child care home or license to operate a group child care home after the criminal history check and criminal records check have been performed, that person is not required to submit to another criminal history check or criminal records check upon renewal of the certificate of registration or license obtained under section 5.
History: Add. 2005, Act 128, Eff. Jan. 1, 2006 ;-- Am. 2006, Act 580, Imd. Eff. Jan. 3, 2007 ;-- Am. 2007, Act 217, Imd. Eff. Dec. 28, 2007
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.
Popular Name: Act 116
Popular Name: Child Care Licensing Act