SB-0615, As Passed Senate, September 13, 2005
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 615
A bill to amend 1973 PA 116, entitled
"An act to provide for the protection of children through the
licensing and regulation of child care organizations; to provide
for the establishment of standards of care for child care
organizations; to prescribe powers and duties of certain
departments of this state and adoption facilitators; to provide
penalties; and to repeal acts and parts of acts,"
(MCL 722.111 to 722.128) by adding sections 5f and 5g.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5f. (1) When a person applies for or to renew a
certificate of registration to operate a family day care home or a
license to operate a group day 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 day care home or a license to operate a group day
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 30 days after the effective date of the
amendatory act that added this section, 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 day care home or a license to
operate a group day 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 1 year after the effective date of the
amendatory act that added this section, 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 day care home or a license under this act
to operate a group day care home.
Sec. 5g. (1) When a person applies for a certificate of
registration to operate a family day care home or a license to
operate a group day care home under section 5, the department shall
perform a criminal history check using the department of state
police's internet criminal history access tool (ICHAT) on all
persons over 18 years of age residing in the home in which the
family day care home or group day care home is operated. This
section does not apply to a person residing in the home for a
period of not more than 14 days.
(2) Not later than 1 year after the effective date of the
amendatory act that added this section, the department shall
perform an ICHAT check on all persons over 18 years of age residing
in the home in which a family day care home or group day care home
is currently operated.
(3) If a search of ICHAT reveals that a person over 18 years
of age residing in the home has been convicted of a listed offense,
the department shall not issue a certificate of registration or
license to the applicant, shall not renew a certificate of
registration to the registrant or license to the licensee applying
for renewal, or shall revoke a current registrant's certificate of
registration or current licensee's license.
Enacting section 1. This amendatory act takes effect January
1, 2006.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4936 of the 93rd Legislature is enacted into
law.