May 25, 2010, Introduced by Senator GEORGE and referred to the Committee on Families and Human Services.
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 section 5d (MCL 722.115d), as added by 2005 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5d. (1) Before a child care center or day care center
makes an offer of employment to a person or allows a person to work
in any capacity providing child care services temporarily or
regularly
and continuously work under contract at the child care
center or day care center, the child care center or day care center
shall
perform a criminal history check on that person using the
department
of state police's internet criminal history access tool
(ICHAT).
(2)
If a search of the department of state police's ICHAT
reveals
that the person described in subsection (1) has been
convicted
of a listed offense, the child care center or day care
center
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 center or day care center. 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 center or
day
care center shall not continue to employ that person. If a
search
of the department of state police's ICHAT reveals that a
person
who regularly and continuously works under contract at the
child
care center or day care center has been convicted of a listed
offense,
the child care center or day care center shall not allow
that
person to regularly or continuously work under contract at the
child
care center or day care center. request
the department of
state police to do both of the following:
(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 employment in a child care center
or day care center shall give written consent at the time of
employment for the licensee or registrant to conduct a criminal
history check and criminal records check required under this
section. The licensee or registrant 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) If a criminal history check or criminal records check
performed under subsection (1)(a) or (b) reveals that a person who
works in any capacity providing child care services temporarily or
regularly and continuously at a child care center or day care
center has been convicted of a listed offense, the child care
center or day care center shall not employ that person or, if the
person is currently employed by the child care center or day care
center, shall immediately terminate that person's employment.
(4) (3)
Not later than 1 year after the
effective date of the
amendatory act that added this section, the child care center or
day care center shall conduct a criminal history check required
under
subsection (1) on all current employees. using
the department
of
state police's ICHAT.
(5) (4)
A child care center or day care
center may pass along
the
actual cost of a search of the department of state police's
ICHAT
criminal history check and
criminal records check to the
employee
or applicant on whom the search check
is being performed.