CRIMINAL CHECKS: FOSTER HOMES S.B. 1411 (S-1): FLOOR ANALYSIS






Senate Bill 1411 (Substitute S-1 as reported by the Committee of the Whole)
Sponsor: Senator Gerald Van Woerkom
Committee: Families and Human Services

CONTENT
The bill would amend the child care licensing Act to do the following:

-- Require an applicant for a license or a renewal of a license to operate a foster care home or foster care group home in the State to undergo a criminal history check, an FBI records check, and an ICHAT (internet criminal history access tool) check by the Department of State Police.
-- Prohibit individuals who had been convicted of certain offenses from receiving a license under the Act.
-- Require a licensee under the Act to report to the Department of Human Services within three days after an employee of a foster care home or foster care group home or an adult residing in the home was arraigned for certain criminal offenses.
-- Prescribe criminal penalties for an individual who did not report an arraignment as required.
-- Require all current licensees of foster care homes or foster care group homes in the State to undergo criminal background checks within one year of the bill's effective date. -- Specify that beginning July 1, 2007, a person applying to renew a license to operate a foster family home or foster family group home, who previously had undergone the required criminal history check and criminal records check and had remained continuously licensed since that time, would not be required to undergo another criminal history or criminal records check.


MCL 722.115 & 722.115e Legislative Analyst: Curtis Walker

FISCAL IMPACT
The bill would have an indeterminate fiscal impact on the Department of Human Services. The costs associated with criminal history checks could be passed along to the license applicant; therefore, the Office of Children and Adult Licensing could incur additional administrative costs for notification.

A complete criminal history and criminal background check would cost $54, payable to the Department of State Police. The ICHAT check is offered at no cost by the Department of State Police to government and nonprofit agencies, and at a cost of $10 for all others.


Date Completed: 9-20-06 Fiscal Analyst: Bruce Baker
Constance Cole

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1411/0506