Bill Text: MI SB0539 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Human services: children's services; criminal history check for child caring institution staff and retention of certain data; update as required by the federal families first prevention services act. Amends secs. 5d & 5k of 1973 PA 116 (MCL 722.115d & 722.115k). TIE BAR WITH: SB 0468'19, SB 0469'19, SB 0466'19, SB 0467'19
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-01-28 - Assigned Pa 0010'20 With Immediate Effect [SB0539 Detail]
Download: Michigan-2019-SB0539-Engrossed.html
SENATE BILL NO. 539
October 02, 2019, Introduced by Senator BIZON
and referred to the Committee on Families, Seniors and Veterans.
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 5d and 5k (MCL 722.115d and 722.115k), as amended by 2017 PA 256.
the people of the state of michigan enact:
Sec. 5d. (1) Before a child care organization makes an a conditional 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) 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.
(4)
A child caring institution subject to section 671 of title IV-E of the social
security act, 42 USC 671, shall not permit a child caring institution staff
member to begin working unless all of the following have been completed:
(a)
The department receives written consent from the child caring institution staff
member to conduct a criminal history check. 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.
(b)
The child caring institution receives the results of the criminal history check
from the department.
(c)
If the employee has a criminal conviction, the child caring institution shall
complete a written evaluation that addresses the nature of the conviction, the
length of time since the conviction was entered, and the relationship between
the conviction and regulated activity in the child caring institution for the
purpose of determining suitability for employment in the child caring
institution.
(5)
If a child caring institution is applying to renew its license, a staff member,
who has previously undergone a criminal history check required under subsection
(4)(a) and has remained continuously employed with the child caring institution
that is seeking renewal, is not required to submit to another criminal history
check upon renewal of the child caring institution's license.
Sec. 5k. (1) The department of state police shall
store and 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 that notification, the department of state
police shall immediately notify the department and the department shall
immediately contact the respective child care organization with which that
individual is associated. Except for child placing agencies and child caring organizations, the
criminal history record information shall only be released to the individual to
whom the criminal history record information pertains. Information in the
database retained under this 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 and child caring
organizations, the criminal history record information shall only
be released to the individual to whom the criminal history record information
pertains.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 466.
(b) Senate Bill No. 467.
(c) Senate Bill No. 468.
(d) Senate Bill No. 469.
