HOUSE BILL No. 4497 March 12, 1997, Introduced by Reps. Brewer, Frank, Hale, Goschka, Baird and Bogardus and referred to the Committee on Mental Health. A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding sections 21a and 34a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 21A. A LICENSEE SHALL REPORT TO THE FAMILY INDEPEN- 2 DENCE AGENCY DISCIPLINARY ACTION TAKEN BY THE LICENSEE AGAINST AN 3 EMPLOYEE THAT RESULTS IN A CHANGE IN THE EMPLOYEE'S EMPLOYMENT 4 STATUS AND THAT INVOLVES ABUSE, NEGLECT, PHYSICAL HARM, THEFT, OR 5 FRAUDULENT BEHAVIOR AGAINST A RESIDENT OF AN ADULT FOSTER CARE 6 FACILITY. A REPORT RECEIVED BY THE FAMILY INDEPENDENCE AGENCY 7 UNDER THIS SECTION IS PUBLIC INFORMATION. 8 SEC. 34A. (1) IN ADDITION TO THE RESTRICTIONS PRESCRIBED IN 9 SECTIONS 13, 22, AND 31, A LICENSEE SHALL NOT EMPLOY AN 10 INDIVIDUAL OR UTILIZE AN INDIVIDUAL AS A VOLUNTEER IN AN ADULT 11 FOSTER CARE FACILITY IF THE INDIVIDUAL HAS BEEN CONVICTED IN THIS 00737'97 b CPD 2 1 STATE OR IN ANOTHER STATE OR IN FEDERAL COURT OF EITHER OF THE 2 FOLLOWING: 3 (A) A FELONY OR AN ATTEMPT OR CONSPIRACY TO COMMIT A 4 FELONY. 5 (B) A MISDEMEANOR INVOLVING ABUSE, NEGLECT, ASSAULT, BAT- 6 TERY, OR FRAUD. 7 (2) A LICENSEE SHALL NOT EMPLOY AN INDIVIDUAL OR UTILIZE AN 8 INDIVIDUAL AS A VOLUNTEER IN AN ADULT FOSTER CARE FACILITY UNLESS 9 THE INDIVIDUAL PROVIDES THE LICENSEE AS PART OF THE APPLICATION 10 PROCESS WITH INFORMATION FROM THE STATE POLICE OBTAINED PURSUANT 11 TO SUBSECTIONS (3) AND (4). 12 (3) AN INDIVIDUAL WHO APPLIES FOR EMPLOYMENT OR TO VOLUNTEER 13 WITH A LICENSEE SHALL OBTAIN INFORMATION REGARDING A CRIMINAL 14 RECORD BY FOLLOWING THE PROCEDURE PROVIDED IN THIS SUBSECTION AND 15 SUBSECTION (4). UPON THE REQUEST OF THE INDIVIDUAL, A LAW 16 ENFORCEMENT AGENCY SHALL TAKE 2 SETS OF THE INDIVIDUAL'S FINGER- 17 PRINTS ON FORMS FURNISHED BY THE DEPARTMENT OF STATE POLICE AND 18 THE FEDERAL BUREAU OF INVESTIGATION. IF THE LAW ENFORCEMENT 19 AGENCY CHARGES A FEE FOR THIS SERVICE, THE INDIVIDUAL REQUESTING 20 THE SERVICE IS RESPONSIBLE FOR THE FEE. THE INDIVIDUAL SHALL 21 SUBMIT THE FINGERPRINT FORMS TO THE DEPARTMENT OF STATE POLICE 22 WITH THE APPROPRIATE STATE AND FEDERAL FEES. 23 (4) THE DEPARTMENT OF STATE POLICE SHALL COMPARE THE 24 INDIVIDUAL'S FINGERPRINTS ON THE FIRST SET OF FINGERPRINTS WITH 25 STATE CRIMINAL HISTORY RECORDS AND SHALL SUBMIT THE OTHER SET OF 26 FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR 27 COMPARISON WITH FEDERAL CRIMINAL HISTORY RECORDS. THE DEPARTMENT 00737'97 b 3 1 OF STATE POLICE SHALL SEND BOTH OF THE FOLLOWING TO THE 2 LICENSEE: 3 (A) THE STATE CRIMINAL HISTORY RECORD. 4 (B) A STATEMENT STATING THAT, BASED UPON THE FEDERAL CRIMI- 5 NAL HISTORY RECORD COMPARISON UNDER THE CRITERIA DESCRIBED IN 6 SUBSECTION (1), THE INDIVIDUAL MAY OR MAY NOT MEET THE REQUIRE- 7 MENTS OF SUBSECTION (1). 8 (5) IF THE STATEMENT SENT UNDER SUBSECTION (4)(B) STATES 9 THAT THE INDIVIDUAL MAY NOT MEET THE REQUIREMENTS OF SUBSECTION 10 (1), THE LICENSEE SHALL NOTIFY THE INDIVIDUAL OF HIS OR HER RIGHT 11 TO OBTAIN FROM THE FEDERAL BUREAU OF INVESTIGATION A COPY OF HIS 12 OR HER FEDERAL CRIMINAL HISTORY RECORD AND TO CHALLENGE THE ACCU- 13 RACY OF THAT RECORD. 14 (6) A LICENSEE SHALL PROVIDE AN APPLICANT WITH INFORMATION 15 ON HOW AND WHERE TO OBTAIN THE INFORMATION REQUIRED BY THIS SEC- 16 TION ON A FORM PROVIDED BY THE FAMILY INDEPENDENCE AGENCY. 17 Enacting section 1. This amendatory act does not take 18 effect unless all of the following bills of the 89th Legislature 19 are enacted into law: 20 (a) Senate Bill No. __________ or House Bill No. __________ 21 (request no. 00737'97). 22 (b) Senate Bill No. __________ or House Bill No. __________ 23 (request no. 00737'95 a). 24 (c) Senate Bill No. __________ or House Bill No. __________ 25 (request no. 00737'95 c). 00737'97 b Final page. CPD