August 19, 2009, Introduced by Reps. Spade, Byrnes and Melton and referred to the Committee on Families and Children's Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
(MCL 400.1 to 400.119b) by adding section 74a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 74a. (1) Except as provided in subsection (13), when the
department enrolls an individual as a day care aide or relative
care provider, the department shall request the department of state
police to perform both of the following on that individual:
(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 individual enrolling as a day care aide or relative
care provider shall give written consent at the time of enrollment
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 individual 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 an
individual 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 individual 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 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 day care aide or relative care provider shall pay the
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.
(7) A day care aide or relative care provider shall report to
the department within 3 business days after he or she 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) An individual who violates subsection (7) is guilty of a
crime as follows:
(a) If the individual violates subsection (7) and the crime
involved in the violation is a misdemeanor that is a listed offense
or is a felony, the individual 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 individual violates subsection (7) and the crime
involved in the violation is a misdemeanor that is not a listed
offense, the individual 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 day care aide's or
relative care provider's records all information relating to an
arraignment required to be reported under this section if the
department receives documentation that the individual 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 12 months after the effective date of the
amendatory act that added this section, the department shall inform
all persons currently enrolled as day care aides or relative care
providers and all applicants for enrollment as day care aides or
relative care providers 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 enrolls an individual as a day
care aide or relative care provider, the department shall notify
the individual of the requirement to report certain arraignments as
required in this section and the penalty for not reporting those
arraignments.
(12) Not later 12 months 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
currently enrolled day care aides and relative care providers.
(13) Beginning the effective date of the amendatory act that
added this section, if an individual being enrolled as a day care
aide or relative care provider has previously undergone a criminal
history check and criminal records check required under this
section and has been continuously enrolled as a day care aide or
relative care provider after the criminal history check and
criminal records check have been performed, that individual is not
required to submit to another criminal history check or criminal
records check.
(14) The department of state police shall use the automated
fingerprint identification system database established under
section 5k of 1973 PA 116, MCL 722.115k, to provide 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 section.
Upon such notification, the department of state police shall
immediately notify the department and the department shall
immediately contact the respective day care aide or relative care
provider. Information in the database established under this
subsection 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.
(15) As used in this section and sections 74b and 74c:
(a) "Day care aide" means an individual who is at least 18
years of age or older, is employed by the parent or guardian of the
child, and is enrolled by the department to provide child care for
up to 4 children at 1 time in the home where the children live.
(b) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(c) "Relative care provider" means an adult 18 years of age or
older who provides care in the relative's home, is enrolled by the
department to provide child care for up to 4 children at 1 time,
and is related to the child as a grandparent, step-grandparent,
great grandparent, step-great grandparent, aunt, step-aunt, uncle,
step-uncle, adult sibling, or step-sibling.