SENATE BILL No. 275

March 6, 2001, Introduced by Senators JAYE and GOSCHKA and referred to the

Committee on Families, Mental Health and Human Services.

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

(MCL 400.1 to 400.119b) by adding sections 57m and 57n.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 57M. (1) THE DEPARTMENT SHALL NOT ISSUE A PAYMENT TO A

2 CHILD DAY CARE PROVIDER UNLESS THE DEPARTMENT HAS PERFORMED A

3 CENTRAL REGISTRY CLEARANCE AND REQUESTED AND RECEIVED FROM THE

4 CRIMINAL RECORDS DIVISION OF THE DEPARTMENT OF STATE POLICE A

5 CRIMINAL HISTORY CHECK ON THAT CHILD DAY CARE PROVIDER.

6 (2) A CHILD DAY CARE PROVIDER SHALL GIVE WRITTEN CONSENT FOR

7 THE CRIMINAL RECORDS DIVISION OF THE DEPARTMENT OF STATE POLICE

8 TO CONDUCT THE CRIMINAL HISTORY CHECK REQUIRED UNDER THIS SECTION

9 AT THE TIME OF APPLYING FOR CHILD DAY CARE AUTHORIZATION FROM THE

10 DEPARTMENT.

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1 (3) THE DEPARTMENT SHALL MAKE A REQUEST 2 TIMES EACH YEAR

2 WITH PAYMENT OF THE APPROPRIATE FEE TO THE CRIMINAL RECORDS

3 DIVISION OF THE DEPARTMENT OF STATE POLICE FOR A CRIMINAL HISTORY

4 CHECK REQUIRED UNDER THIS SECTION ON A FORM AND IN A MANNER PRE-

5 SCRIBED BY THE CRIMINAL RECORDS DIVISION OF THE DEPARTMENT OF

6 STATE POLICE.

7 (4) WITHIN 45 DAYS AFTER RECEIVING A PROPER REQUEST BY THE

8 DEPARTMENT FOR A CRIMINAL HISTORY CHECK ON A CHILD DAY CARE PRO-

9 VIDER UNDER THIS SECTION, THE CRIMINAL RECORDS DIVISION OF THE

10 DEPARTMENT OF STATE POLICE SHALL CONDUCT THE CRIMINAL HISTORY

11 CHECK AND, AFTER CONDUCTING THE CRIMINAL HISTORY CHECK AND WITHIN

12 THAT TIME PERIOD, PROVIDE A REPORT OF THE RESULTS OF THE CRIMINAL

13 HISTORY CHECK TO THE DEPARTMENT. THE REPORT SHALL CONTAIN ANY

14 CRIMINAL HISTORY RECORD INFORMATION ON THE PROVIDER MAINTAINED BY

15 THE CRIMINAL RECORDS DIVISION OF THE DEPARTMENT OF STATE POLICE.

16 (5) CRIMINAL HISTORY RECORD INFORMATION RECEIVED FROM THE

17 CRIMINAL RECORDS DIVISION OF THE DEPARTMENT OF STATE POLICE UNDER

18 SUBSECTION (4) SHALL BE USED BY THE DEPARTMENT ONLY FOR THE PUR-

19 POSE OF EVALUATING AN INDIVIDUAL'S QUALIFICATIONS AS A CHILD DAY

20 CARE PROVIDER. THE DEPARTMENT SHALL ONLY DISCLOSE THE REPORT OR

21 ITS CONTENTS TO A PERSON WHO IS DIRECTLY INVOLVED IN EVALUATING

22 THE INDIVIDUAL'S QUALIFICATIONS. A PERSON WHO VIOLATES THIS SUB-

23 SECTION IS GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT

24 MORE THAN $10,000.00.

25 (6) AS USED IN THIS SECTION AND SECTION 57N:

26 (A) "CHILD DAY CARE PROVIDER" OR "PROVIDER" INCLUDES ALL OF

27 THE FOLLOWING:

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1 (i) A FAMILY INDEPENDENCE AGENCY ENROLLED DAY CARE AIDE.

2 (ii) A FAMILY INDEPENDENCE AGENCY ENROLLED RELATIVE CARE

3 PROVIDER.

4 (iii) A CHILD DAY CARE PROVIDER OR EMPLOYEE IN ANY OF THE

5 FOLLOWING FACILITIES:

6 (A) A REGISTERED FAMILY DAY CARE HOME.

7 (B) A LICENSED GROUP DAY CARE HOME.

8 (C) A LICENSED DAY CARE CENTER.

9 (B) "CRIMINAL HISTORY RECORD INFORMATION" MEANS THAT TERM AS

10 DEFINED IN SECTION 1A OF 1925 PA 289, MCL 28.241A.

11 (C) "LEIN" MEANS THE LAW ENFORCEMENT INFORMATION NETWORK

12 REGULATED UNDER THE L.E.I.N. POLICY COUNCIL ACT OF 1974, 1974

13 PA 163, MCL 28.211 TO 28.216.

14 SEC. 57N. (1) IN ADDITION TO THE CENTRAL REGISTRY CLEARANCE

15 AND CRIMINAL HISTORY CHECK REQUIRED UNDER SECTION 57M, 2 TIMES

16 EACH YEAR THE DEPARTMENT SHALL REQUEST THE DEPARTMENT OF STATE

17 POLICE TO CONDUCT A CRIMINAL RECORDS CHECK THROUGH THE FEDERAL

18 BUREAU OF INVESTIGATION ON A CHILD DAY CARE PROVIDER. THE

19 DEPARTMENT SHALL REQUIRE THE PROVIDER TO SUBMIT HIS OR HER FIN-

20 GERPRINTS TO THE DEPARTMENT OF STATE POLICE FOR THE PURPOSE OF

21 REQUESTING A CRIMINAL RECORDS CHECK. THE DEPARTMENT OF STATE

22 POLICE MAY CHARGE A FEE FOR CONDUCTING EACH CRIMINAL RECORDS

23 CHECK. THE DEPARTMENT SHALL REQUIRE A PROVIDER TO SUBMIT HIS OR

24 HER FINGERPRINTS FOR THE PURPOSES OF THIS SECTION ONLY AT THE

25 TIME HE OR SHE INITIALLY APPLIES FOR AUTHORIZATION FOR PAYMENT AS

26 A CHILD DAY CARE PROVIDER.

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1 (2) A CHILD DAY CARE PROVIDER SHALL GIVE WRITTEN CONSENT AT

2 THE TIME OF APPLICATION FOR THE CRIMINAL RECORDS DIVISION OF THE

3 DEPARTMENT OF STATE POLICE TO CONDUCT THE CRIMINAL RECORDS CHECKS

4 REQUIRED UNDER THIS SECTION.

5 (3) THE DEPARTMENT SHALL MAKE A REQUEST TO THE DEPARTMENT OF

6 STATE POLICE FOR A CRIMINAL RECORDS CHECK UNDER THIS SECTION ON A

7 FORM AND IN A MANNER PRESCRIBED BY THE DEPARTMENT OF STATE

8 POLICE.

9 (4) THE RESULTS OF A CRIMINAL RECORDS CHECK UNDER THIS SEC-

10 TION SHALL BE USED BY THE DEPARTMENT ONLY FOR THE PURPOSE OF

11 EVALUATING AN INDIVIDUAL'S QUALIFICATIONS AS A CHILD DAY CARE

12 PROVIDER. THE DEPARTMENT SHALL ONLY DISCLOSE THOSE RESULTS TO A

13 PERSON WHO IS DIRECTLY INVOLVED IN EVALUATING THE INDIVIDUAL'S

14 QUALIFICATIONS AS A CHILD DAY CARE PROVIDER. A PERSON WHO VIO-

15 LATES THIS SUBSECTION IS GUILTY OF A MISDEMEANOR PUNISHABLE BY A

16 FINE OF NOT MORE THAN $10,000.00.

17 (5) WITHIN 45 DAYS AFTER RECEIVING A PROPER REQUEST BY THE

18 DEPARTMENT FOR A CRIMINAL RECORDS CHECK ON A PROVIDER UNDER THIS

19 SECTION, THE CRIMINAL RECORDS DIVISION OF THE DEPARTMENT OF STATE

20 POLICE SHALL INITIATE THE CRIMINAL RECORDS CHECK. AFTER CONDUCT-

21 ING THE CRIMINAL RECORDS CHECK FOR THE DEPARTMENT, THE CRIMINAL

22 RECORDS DIVISION OF THE DEPARTMENT OF STATE POLICE SHALL PROVIDE

23 THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE DEPARTMENT.

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