SB-0180, As Passed Senate, December 12, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 180

     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,"

by amending sections 5c, 5d, 5e, 5g, 5h, 5i, 5j, 5k, and 5l (MCL

722.115c, 722.115d, 722.115e, 722.115g, 722.115h, 722.115i,

722.115j, 722.115k, and 722.115l), sections 5c and 5d as amended by

2010 PA 379, section 5e as added by 2005 PA 133, section 5g as

amended by 2007 PA 217, sections 5h, 5i, 5j, and 5k as added by

2007 PA 218, and section 5l as added by 2008 PA 15, and by adding

sections 5n, 5o, 5p, 5q, 5r, and 5s.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5c. (1) Except as provided in subsection (8), (6), when a

person or partnership, or licensee designee if the applicant is a

limited liability corporation, firm, corporation, association, or

nongovernmental organization, or governmental organization applies

for or applies to renew a license for a child care organization

under section 5, the department shall request the department of

state police to perform both of the following a criminal history

check on the person, licensee designee, chief administrator, and

program director of a child care organization. :

     (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) Except as provided in subsection (7), each Each person

applying for a license to operate a child care organization shall

give written consent at the time of the license application for the

department of state police to conduct the criminal history check

and 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 and the Federal

Bureau of Investigation 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 and the Federal Bureau of Investigation.

     (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.

(5) (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 licensee or applicant the actual cost or fee

charged by the department of state police, the Federal Bureau of

Investigation, or a vendor approved by the department of state

police for performing a criminal history check or a criminal

records check required under this section.

     (7) When a person, partnership, firm, corporation,

association, or nongovernmental organization applies for or renews

a license under section 5 for a child care center or day care

center that is established and operated by an intermediate school

board, the board of a local school district, or by the board or

governing body of a state-approved nonpublic school, the criminal

history check and criminal records check required under subsection

(1) shall be performed in compliance with the provisions of

sections 1230 to 1230h of the revised school code, 1976 PA 451, MCL

380.1230 to 380.1230h. Before issuing or renewing a license to a

child care center or day care center described in this subsection,

the department shall verify that the intermediate school board, the

board of a local school district, or the board or governing body of

a state-approved nonpublic school has obtained the required

criminal history checks and criminal records checks.

(6) (8) If a person, licensee designee, chief administrator,

or program director of a child care organization applying to renew

a license to operate a child care organization has previously

undergone a criminal history check and criminal records check

required under subsection (1) and has remained continuously

licensed after the criminal history check and criminal records

check have has been performed and section 5k continues to apply,

that person, licensee designee, chief administrator, or program

director of a child care organization is not required to submit to

another criminal history check or criminal records check upon

renewal of the license obtained under section 5.

     (9) As used in this section and sections 5, 5d, 5e, 5f, and

5g:

     (a) "Criminal history record information" means that term as

defined in section 1a of 1925 PA 289, MCL 28.241a.

     (b) "Listed offense" means that term as defined in section 2

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

     Sec. 5d. (1) Before a child care organization makes an offer

of employment to a person or allows a person to regularly and

continuously work under contract at the child care organization,

the child care organization shall perform a criminal history

background check on that person using the department of state

police's internet criminal history access tool (ICHAT) or

equivalent check on that person from the state or province of

residence.

     (2) If a search of the department of state police's ICHAT or

equivalent check on the person from the state or province of

residence reveals that the person described in subsection (1) has

been convicted of a listed offense, the child care organization

shall not make an offer of employment to that person or allow that

person to regularly and continuously work under contract at the

child care organization. If a search of the department of state

police's ICHAT reveals that a current employee has been convicted

of a listed offense, the child care organization shall not continue

to employ that person. If a search of the department of state

police's ICHAT or equivalent check on that person from the state or

province of residence reveals that a person who regularly and

continuously works under contract at the child care organization

has been convicted of a listed offense, the child care organization

shall not allow that person to regularly or continuously work under

contract at the child care organization.

     (3) Not later than 1 year after the effective date of the 2010

amendatory act that amended this section, the child care

organization shall conduct a criminal history check on all current

employees using the department of state police's ICHAT or

equivalent check on the person from the state or province of

residence.

(3) (4) A child care organization may pass along the actual

cost of a search of the department of state police's ICHAT or

equivalent check on that person from the state or province of

residence to the employee or applicant on whom the search is being

performed.

     Sec. 5e. (1) A child care center or day care center licensee,

licensee designee, or program director, group child care home

licensee, and family child care home licensee shall report to the

department and an employee of a child care center or day care

center within 3 business days after he or she has been arraigned

for or convicted of 1 or more of the crimes listed in section 5r.

     (2) Except as provided in subsection (1), a child care staff

member shall report to that the child care center, or day care

center group child care home, or family child care home within 3

business days after he or she has been arraigned for or convicted

of 1 or more of the following crimes :listed in section 5r.

     (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.

     (3) A child care center licensee, licensee designee, or

program director, group child care home licensee, and family child

care home licensee shall report to the department within 3 business

days after receiving a report from a child care staff member under

subsection (2).

     (4) A group child care home licensee or family child care home

licensee shall report to the department within 3 business days

after he or she knows or should reasonably know that a member of

the household has been arraigned for or convicted of 1 or more of

the crimes listed in section 5r.

(5) (2) A person who violates subsection (1), (2), (3), or (4)

is guilty of a crime as follows:

     (a) If the person violates subsection (1), (2), (3), or (4)

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 (1), (2), (3), or (4)

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.

(6) (3) The department shall delete from the licensee's

records all information relating to an arraignment required to be

reported under subsection (1) this section if the department

receives documentation that the licensee person arraigned for the

crime is subsequently not convicted of any crime after the

completion of judicial proceedings resulting from that arraignment.

(7) (4) A child care center, or day care center group child

care home, or family child care home shall delete from the

employee's child care staff member's records all information

relating to an arraignment required to be reported under subsection

(1) this section if it receives documentation that the employee

child care staff member is subsequently not convicted of any crime

after the completion of judicial proceedings resulting from that

arraignment.

     (5) Not later than 30 days after the effective date of the

amendatory act that added this section, the department shall inform

all licensees and applicants for licenses of the requirement under

this section to report when he or she is arraigned for certain

crimes and the penalty for not reporting.

     (6) Not later than 30 days after the effective date of the

amendatory act that added this section, a child care center or day

care center shall inform all current employees and all persons who

work regularly and continuously under contract at the child care

center or day care center of the requirement under this section to

report when he or she is arraigned for certain crimes and the

penalty for not reporting.

     (7) At the time a child care center or day care center makes

an offer of employment to a person or allows a person to regularly

and continuously work under contract at the child care center or

day care center, the child care center or day care center shall

notify that person of the requirement under this section to report

when he or she is arraigned for certain crimes and the penalty for

not reporting.

     (8) At the time a child care center, group child care home, or

family child care home allows a person to become a child care staff

member, the child care center, group child care home, or family

child care home shall notify that person of the requirement under

this section to report when he or she is arraigned for or convicted

of certain crimes and the penalty for not reporting.

     Sec. 5g. (1) When a person applies for 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 perform a criminal history check with the department of state

police on all persons over 18 years of age residing in the home in

which the family child care home or group child 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 January 1, 2007, the department shall

perform a criminal history check on all persons over 18 years of

age residing in the home in which a family child care home or group

child care home is currently operated.

     (3) If a criminal history check reveals the department becomes

aware that a person over 18 years of age residing in the member of

the household of a group child care home or family child care 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.

     Sec. 5h. (1) Except as provided in subsection (7), (6), when a

person applies for or to renew a license to operate a foster family

home or foster family group home under this act, the department

shall request the department of state police to perform both of the

following a criminal history check 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 license to operate a foster

family home or foster family group 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 and the Federal Bureau of Investigation 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 and the Federal Bureau of Investigation.

     (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.

(5) (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.

(6) (7) Beginning January 1, 2008, if If a person applying to

renew a license to operate a foster family home or foster family

group home under this act has previously undergone a criminal

history check and criminal records check required under subsection

(1) and has continuously maintained a license to operate a foster

family home or foster family group home under this act after the

criminal history check and criminal records check have has been

performed, that person is not required to submit to another

criminal history check or criminal records check upon renewal of

the license obtained to operate a foster family home or foster

family group home under this act.

     (8) The department shall provide written notice to all persons

currently issued a license to operate a foster family home or

foster family group home and all applicants applying for a license

to operate a foster family home or foster family group home, that

upon renewal all licensees will be required to submit fingerprints

and undergo a criminal history check and a criminal records check

before their licenses will be renewed. The notice provided under

this subsection shall include information to the licensee that he

or she may submit his or her fingerprints in advance of the time

his or her license is up for renewal.

     Sec. 5i. (1) A person to whom a license to operate a foster

family home or foster family group home has been issued under this

act shall report to the department within 3 business days after he

or she has been arraigned for or convicted of 1 or more of the

following crimes and within 3 business days after he or she knows

or should reasonably know that a person over 18 years of age

residing in the home an adult member of the household has been

arraigned for or convicted of 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.

     (2) A person who violates subsection (1) is guilty of a crime

as follows:

     (a) If the person violates subsection (1) 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 (1) 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.

     (3) The department shall delete from the 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.

     (4) Not later than January 1, 2008, the department shall

inform all persons currently issued a license to operate a foster

family home or foster family group home and all applicants for a

license to operate a foster family home or foster family group home

of the requirement to report certain arraignments as required in

this section and the penalty for not reporting those arraignments.

     (5) At the time the department issues a license to operate a

foster family home or foster family group home under this act, the

department shall notify the licensee of the requirement to report

certain arraignments as required in this section and the penalty

for not reporting those arraignments.

     Sec. 5j. (1) When a person applies for or to renew a license

to operate a foster family home or foster family group home under

this act, the department shall perform a criminal history

background check with the department of state police on all persons

over 18 years of age residing in the home in which the foster

family home or foster family group home is operated. on an adult

member of the household using the department of state police's

internet criminal history access tool (ICHAT). 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 January 1, 2009, the department shall

perform a criminal history check with the department of state

police on all persons over 18 years of age residing in the home in

which a foster family home or foster family group home is currently

operated.

(2) (3) If a criminal history check search of the department

of state police's ICHAT reveals that a person over 18 years of age

residing in the foster family home or foster family group home an

adult member of the household has been convicted of a listed

offense, the department shall not issue a license to the applicant,

shall not renew a license to the licensee applying for renewal, or

shall revoke a current licensee's license.

     Sec. 5k. (1) The department of state police shall store and

maintain retain all fingerprints submitted under this act in an

automated fingerprint identification system database that provides

for an automatic notification at the time a subsequent criminal

arrest fingerprint card submitted into the system matches a set of

fingerprints previously submitted in accordance with this act. Upon

such that notification, the department of state police shall

immediately notify the department and the department shall

immediately contact the respective child care center, day care

center, family child care home, group child care home, licensed

child placing agency or approved governmental unit, foster family

home, or foster family group home organization with which that

individual is associated. Except for child placing agencies, the

criminal history record information shall only be released to the

individual to whom the criminal history record information

pertains. Information in the database maintained retained under

this subsection section is confidential, is not subject to

disclosure under the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246, and shall not be disclosed to any person except

for purposes of this act or for law enforcement purposes.

     (2) When the department of state police is able to participate

with the Federal Bureau of Investigation's automatic notification

system similar to the system administered by the department of

state police under subsection (1), all fingerprints submitted to

the Federal Bureau of Investigation may be stored and retained.

When a subsequent criminal arrest fingerprint card submitted into

the system matches a set of fingerprints for an individual retained

in accordance with this act, the department of state police shall

immediately notify the department. The department shall immediately

contact the child care organization with which the individual is

associated if a conviction results from the arrest. Except for

child placing agencies, the criminal history record information

shall only be released to the individual to whom the criminal

history record information pertains.

     Sec. 5l. (1) A person acting in good faith who makes a report,

cooperates in an investigation, or assists in any other requirement

of this act is immune from civil or criminal liability that might

otherwise be incurred by that action. A person making a report or

assisting in any other requirement of this act is presumed to have

acted in good faith. This immunity from civil or criminal liability

extends only to an act performed according to this act for

reporting a potential violation or assisting or cooperating with

the department in an investigation conducted by the department.

     (2) Except as provided in section 10(3), the identity of a

person making a report and cooperating with or assisting the

department relative to that report under this act is confidential,

subject only to disclosure with the consent of that person or by

judicial process.

     (3) If the department receives a complaint by an individual

remaining anonymous, the department may take no action on the

complaint if the complaint does not include sufficient information

to reasonably investigate.

     (4) A person who intentionally makes a false report to the

department regarding a child care organization that causes the

department to initiate a special investigation that the department

classifies as high-risk for which the child care organization is

required to send notice under section 3f is guilty of a crime as

follows:

     (a) If the incident reported would not constitute a crime or

would constitute a misdemeanor if the report were true, the person

is guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or a fine of not more than $100.00, or both.

     (b) If the incident reported would constitute a felony if the

report were true, the person is guilty of a felony punishable by

the lesser of the following:

     (i) The penalty for the incident falsely reported.

     (ii) Imprisonment for not more than 4 years or a fine of not

more than $5,000.00, or both.

     Sec. 5n. (1) Except as otherwise provided in subsection (13),

when a person, partnership, firm, corporation, association,

governmental organization, or nongovernmental organization applies

for or applies to renew a license to operate a child care center,

group child care home, or family child care home under section 5m

and before a group child care home or family child care home allows

an individual to be a member of the household, or a child care

center, group child care home, or family child care home allows an

individual to become a child care staff member, the department

shall do all of the following:

     (a) Review its database of individuals with previous

disciplinary action within a child care center, group child care

home, or family child care home or an adult foster care facility.

     (b) Conduct a search of the individual through the national

sex offender registry.

     (c) Request a search of the individual through all state

criminal registries or repositories for any states of residence in

the past 5 years.

     (d) Request that the department of state police perform a

criminal history check on the individual, child care staff member,

or adult member of the household.

     (2) If the individual, child care staff member, or adult

member of the household has resided out of the United States within

the preceding 5 years, equivalent clearances of those described in

subsection (1)(b) and (d) and section 5q from each country must be

provided, if available. If the country does not have the equivalent

clearance, the individual must sign a self-certifying statement

that he or she is not ineligible to receive a license, to be an

adult member of the household, or to be a child care staff member

as prescribed by sections 5q and 5r. An individual who provides or

is determined to have provided false information or knowingly omits

information in the self-certification statement is ineligible for

that application.

     (3) Each individual listed in subsection (1) shall give

written consent at the time of the license application and before a

group child care home or family child care home allows an

individual to be a member of the household, or before becoming a

child care staff member to allow the department of state police to

conduct the criminal history check required under subsection (1).

The department shall require the individual to submit his or her

fingerprints to the department of state police and the Federal

Bureau of Investigation for the criminal history check as required

in subsection (1).

     (4) The department shall request a criminal history check

required under this section on a form and in the manner prescribed

by the department of state police.

     (5) Within a reasonable time after receiving a complete

request 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 and the Federal Bureau of Investigation.

     (6) The department of state police may charge the department a

fee for a criminal history 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 individual

fingerprinted the actual cost or fee charged by the department of

state police, the Federal Bureau of Investigation, or a vendor

approved by the department of state police for performing a

criminal history check required under this section.

     (7) The department shall provide whether the individual is

eligible or ineligible as provided by sections 5q and 5r within 45

days after the date on which the request was submitted.

     (8) The individual may serve as a child care staff member

pending the results of the record and database checks required by

this section and section 5q if the individual is supervised at all

times.

     (9) Within 45 days after the date on which the request was

submitted, the department shall provide a statement to the child

care center, group child care home, or family child care home that

indicates whether the individual is eligible or ineligible to be, a

licensee, an adult member of the household, or a child care staff

member as provided under sections 5q and 5r without revealing any

disqualifying crime or other related information regarding the

individual.

     (10) If the individual is ineligible due to the records or

database checks required under this section and section 5q, the

department shall provide information related to each disqualifying

item in a report to the individual who has been determined

ineligible.

     (11) An individual who has been determined to be ineligible as

provided under sections 5q and 5r may request a redetermination by

the department if he or she believes that the basis for the

ineligible determination is inaccurate. The individual shall file

the request for redetermination with the department within 30

calendar days after receiving the written notice that he or she was

determined to be ineligible. If an individual has been determined

to be ineligible based upon a conviction that has been expunged or

set aside or a central registry case that has been expunged, the

individual shall provide the supporting court, law enforcement, or

department of health and human services, or equivalent department

from another state, documents along with the request for

redetermination. The individual shall not be determined to be

ineligible based upon a conviction that has been set aside or

expunged or a central registry case that has been expunged. The

department shall review the request and issue a written decision

within 30 business days after receiving the request for

redetermination. The decision of the department is final.

     (12) Each ineligible individual shall be given instructions

about how to complete the request for redetermination process as

provided in subsection (11).

     (13) Except as otherwise provided in this subsection, not

later than September 30, 2017, every child care center licensee,

group child care home licensee, family child care home licensee,

child care staff member, and adult member of the household shall

submit his or her fingerprints to the department of state police

and the Federal Bureau of Investigation in order to carry out the

records and database checks required under this section and section

5q. If the department of education obtains an extension on the

implementation of this program from the federal government, the

provisions of this section may be implemented no later than

September 30, 2018.

     (14) If a licensee, licensee designee, or program director of

a child care center, group child care home, or family child care

home applying for a new license or to renew a license to operate a

child care center, group child care home, or family child care home

has previously undergone a criminal history check required under

subsections (1) and (13) and has remained continuously licensed

after the criminal history check has been performed, that licensee,

licensee designee, or program director of a child care center,

group child care home, or family child care home is not required to

submit to another criminal history check upon renewal of, or

application for, the license obtained under this act.

     (15) Upon consent of an applicant as required in subsection

(3) and upon request from a child care center, group child care

home, or family child care home, the department shall review the

information received from the criminal history check, if any, and

notify the requesting child care center, group child care home, or

family child care home of the information in the manner prescribed

in subsection (7). Until the Federal Bureau of Investigation

implements an automatic notification system as outlined in section

5k, a child care center, group child care home, or family child

care home may rely on the criminal history record information

provided by the department under this subsection and a new request

as provided under this section is not necessary if all of the

following requirements are met:

     (a) The criminal history check was conducted during the

immediately preceding 5-year period.

     (b) The applicant has been continuously employed by a child

care center, group child care home, or family child care home since

the criminal history check was conducted in compliance with this

section.

     (c) The applicant can provide evidence acceptable to the

department that he or she has been a resident of this state for the

immediately preceding 5-year period.

     (16) The checks and clearances required in subsection (1)(a)

to (c) and section 5q shall be updated at least every 5 years if

the individual has been continuously licensed, has continuously

been serving as a child care staff member, or has continuously been

an adult member of the household.

     Sec. 5o. (1) Except as provided in section 5n(14), the

department shall not issue a license to operate a child care

center, group child care home, or family child care home under this

act without requesting a criminal history check as required by

section 5n.

     (2) If a criminal history check performed under section 5n or

information obtained as a result of notification from the

department of state police under section 5k reveals that an

applicant for a license to operate a child care center under this

act has been convicted of a crime as described in section 5r, the

department shall not issue a license to that applicant.

     (3) If a criminal history check performed under section 5n or

information obtained as a result of notification from the

department of state police under section 5k reveals that an

applicant for renewal of a license to operate a child care center

under this act has been convicted of a crime as described in

section 5r, the department shall not renew that license.

     (4) If a criminal history check performed under section 5n or

information obtained as a result of notification from the

department of state police under section 5k reveals that a current

child care center licensee has been convicted of a crime as

described in section 5r, the department shall revoke the license of

that licensee.

     (5) If a criminal history check performed under section 5n or

information obtained as a result of notification from the

department of state police under section 5k reveals that an

applicant for a license to operate a group child care home or

family child care home under this act or an adult member of the

household has been convicted of a crime as described in section 5r,

the department shall not issue a license to that applicant.

     (6) If a criminal history check performed under section 5n or

information obtained as a result of notification from the

department of state police under section 5k reveals that an

applicant for renewal of a license to operate a group child care

home or family child care home under this act or an adult member of

the household has been convicted of a crime as described in section

5r, the department shall not renew a license to that applicant.

     (7) If a criminal history check performed under section 5n or

information obtained as a result of notification from the

department of state police under section 5k reveals that a current

group child care home or family child care home licensee under this

act or an adult member of the household has been convicted of a

crime as described in section 5r, the department shall revoke that

licensee's license.

     Sec. 5p. (1) Except as provided in section 5n(14) and (15), a

child care center, group child care home, or family child care home

shall not allow an individual to be a child care staff member

without requesting a criminal history check as required by section

5n.

     (2) If a criminal history check performed under section 5n or

information obtained as a result of notification from the

department of state police under section 5k reveals that a

potential or current child care staff member has been convicted of

a crime as described in section 5r, the department shall notify the

child care center, group child care home, or family child care

home. The child care center, group child care home, or family child

care home shall not allow the individual to be a child care staff

member.

     Sec. 5q. (1) Except as provided in section 5n(8), a licensee,

child care staff member, or adult member of the household may not

have contact with a child who is in the care of a child care

center, group child care home, or family child care home, until the

department obtains documentation from the department of health and

human services that he or she has not been named in a central

registry case as the perpetrator of child abuse or child neglect.

Upon request by the department, the licensee, child care staff

member, or adult member of the household shall provide the

department with an updated authorization for a central registry

clearance. If a central registry clearance documents that a

licensee, child care staff member, or adult member of the household

is named in a central registry case as a perpetrator of child abuse

or child neglect, he or she is ineligible to receive a license to

operate a child care center, group child care home, or family child

care home, be an adult member of the household, or be a child care

staff member.

     (2) If the licensee, child care staff member, or adult member

of the household has resided outside of this state as an adult

within the 5 years immediately preceding the date of application

for a license, or the date that he or she was hired as a child care

staff member or resided in a group child care home or family child

care home, except as provided in section 5n(8), the individual may

not have contact with a child who is in the care of a child care

center, group child care home, or family child care home until the

department obtains documentation equivalent to the department of

health and human services central registry clearance for the states

of previous residence that he or she has not been named in a

central registry case as the perpetrator of child abuse or child

neglect. If the documentation equivalent to the department of

health and human services central registry clearance for the states

of previous residence indicates that the individual is named as a

perpetrator of child abuse or child neglect, the individual is

ineligible to receive a license, be an adult member of the

household, or be a child care staff member.

     (3) Each child care center, group child care home, or family

child care home that has volunteers on site shall establish and

maintain a policy regarding supervision of volunteers including

volunteers who are parents of a child receiving care at the child

care center, group child care home, or family child care home.

     (4) As used in this section, "child abuse" and "child neglect"

mean those terms as defined in section 2 of the child protection

law, 1975 PA 238, MCL 722.622.

     Sec. 5r. (1) An individual required to undergo a criminal

history check as described in section 5n is ineligible for that

application only, to receive a license, be an adult member of the

household or be a child care staff member if the individual does

either of the following:

     (a) Refuses to consent to the criminal history check or

central registry check as required under section 5q.

     (b) Knowingly makes a materially false statement or knowingly

omits information in connection with a criminal history check or

central registry check as required under section 5q.

     (2) An individual required to undergo a database check as

required under section 5n(1)(a) who has a confirmed history of

disciplinary action or violations as outlined in section 11(5) and

(6) may be considered ineligible to receive a license, be an adult

member of the household, or be a child care staff member.

     (3) An individual required to undergo a criminal history check

as described in section 5n is ineligible to receive a license, be

an adult member of the household, or be a child care staff member

if the individual satisfies 1 or more of the following:

     (a) Is registered, or is required to be registered, on a state

sex offender registry or repository or the national sex offender

registry.

     (b) Has been convicted of a felony consisting of 1 or more of

the following or any other state or federal equivalent:

     (i) Murder or homicide.

     (ii) Child abuse or child neglect.

     (iii) A crime against a minor child, including, but not

limited to, child pornography.

     (iv) Spousal abuse or domestic violence.

     (v) A crime involving rape or sexual assault.

     (vi) Kidnapping.

     (vii) Arson.

     (viii) Physical assault or battery.

     (ix) Human trafficking or involuntary servitude.

     (c) Has been convicted of a violent misdemeanor against a

child, including, but not limited to, 1 or more of the following

crimes:

     (i) Child abuse.

     (ii) Child endangerment.

     (iii) Sexual assault.

     (d) Has been convicted of a misdemeanor involving child

pornography.

     (4) An individual required to undergo a criminal history check

as described in section 5n is ineligible to receive a license, be

an adult member of the household, or be a child care staff member

if the individual has been convicted of 1 or more of the following

felonies, an attempt or conspiracy to commit 1 or more of the

following felonies, or any other state or federal equivalent,

unless 10 years have lapsed since the conviction, before the date

of application or before the date a group child care home or family

child care home allows an individual to be an adult member of the

household, or a child care center, group child care home, or family

child care home allows an individual to be a child care staff

member:

     (a) A felony involving harm or threatened harm to an

individual.

     (b) A felony involving the use of a firearm or dangerous

weapon.

     (c) A felony involving cruelty or torture of any person.

     (d) A felony involving a substantial misrepresentation of any

material fact, bribery, fraud, larceny, embezzlement, theft, home

invasion, breaking and entering, receiving and concealing stolen

property or a crime of similar statute.

     (e) A felony involving operating a motor vehicle while

intoxicated or impaired causing serious injury or death.

     (f) A felony involving the use of a computer or the internet

to commit a crime.

     (g) A felony involving cruelty to animals, including, but not

limited to, fighting, killing, torturing, and abandoning.

     (h) A felony involving aggravated stalking, aggravated

indecent exposure, indecent exposure by a sexually delinquent

person, pandering, transporting an individual for prostitution, and

keeping, maintaining, or operating a house of ill fame.

     (i) A felony as a habitual offender.

     (5) An individual required to undergo a criminal history check

as described in section 5n is ineligible to receive a license, be

an adult member of the household, or be a child care staff member

if the individual has been convicted of a felony drug offense, an

attempt or conspiracy to commit a felony drug offense, or any other

state or federal equivalent, unless 7 years have lapsed since the

conviction before the date of application or before the date a

group child care home or family child care home allows an

individual to be an adult member of the household or a child care

center, group child care home, or family child care home allows an

individual to be a child care staff member.

     (6) An individual required to undergo a criminal history check

as described in section 5n is ineligible to receive a license, be

an adult member of the household, or be a child care staff member

if the individual has been convicted of 1 or more of the following

misdemeanors, an attempt or conspiracy to commit any of those

misdemeanors, or any other state or federal equivalent, unless 5

years have lapsed since the conviction before the date of

application or before the date a group child care home or family

child care home allows an individual to be an adult member of the

household or a child care center, group child care home, or family

child care home allows an individual to be a child care staff

member:

     (a) A misdemeanor involving operating under the presence of a

controlled substance, use or possession of a controlled substance,

and selling or furnishing a controlled substance to a minor.

     (b) A misdemeanor involving using computers to commit a crime,

a substantial misrepresentation of a material fact, embezzlement,

breaking and entering, and any other fraudulent crime except retail

fraud in the third degree, petty theft, or shoplifting.

     (c) A misdemeanor involving stalking, assault, spousal abuse,

domestic violence, weapons offense, harboring runaways, aiding and

abetting, and arson.

     Sec. 5s. (1) If an individual was previously reviewed and

approved by the department as a licensee of a child care center or

group child care home, as a registrant of a family child care home,

as a licensee designee or program director for a child care center,

or as an adult member of the household before the effective date of

the amendatory act that added this section, the department may find

the individual to be eligible to receive a license under this

section, eligible to be a member of the household, or eligible to

be a child care staff member if all of the following apply:

     (a) The offense was previously known and approved by the

department before the effective date of the amendatory act that

added this section.

     (b) The offense is not listed in section 5r(3).

     (c) The individual has remained continuously licensed under

this act or continuously employed with an active child care center

license, group child care home license, or family child care home

registration since the date of approval.

     (2) An individual determined to be ineligible under section

5r, excluding section 5r(3), who was a licensee, child care staff

member, or adult member of the household at the time the records

and database checks required under section 5n were completed, may

request a redetermination of his or her eligibility. A

redetermination must be requested in writing by the individual

determined to be ineligible within 30 days after receipt of that

determination. The request for a redetermination must include all

evidence of rehabilitation that the individual wishes the

department to consider. The department has 60 days, after all

requested information has been received by the department, to

respond in writing with the recommendation for the redetermination.

The decision of the director is final.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 99th Legislature are

enacted into law:

     (a) Senate Bill No. 181.

     (b) Senate Bill No. 182.