Sec. 5i.
(1) A person to whom a license to operate a foster family home or foster family group home has been issued under this act shall report to the department within 3 business days after he or she has been arraigned for or convicted of 1 or more of the following crimes and within 3 business days after he or she knows or should reasonably know that an adult member of the household has been arraigned for or convicted of 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.
(2) A person who violates subsection (1) is guilty of a crime as follows:
(a) If the person violates subsection (1) and the crime involved in the violation is a misdemeanor that is a listed offense or is a felony, the person 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 person violates subsection (1) and the crime involved in the violation is a misdemeanor that is not a listed offense, the person 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.
(3) The department shall delete from the licensee's records all information relating to an arraignment required to be reported under this section if the department receives documentation that the person arraigned for the crime is subsequently not convicted of any crime after the completion of judicial proceedings resulting from that arraignment.
History: Add. 2007, Act 218, Eff. Jan. 1, 2008 ;-- Am. 2017, Act 256, Eff. Mar. 28, 2018 Compiler's Notes: For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties relative to the licensing and regulation of child caring institutions, child placing agencies, foster family homes, foster family group homes, and court-operated facilities from department of licensing and regulatory affairs to the department of health and human services, see E.R.O. No. 2018-6, compiled at MCL 722.110.Popular Name: Act 116Popular Name: Child Care Licensing Act
Structure Michigan Compiled Laws
Act 116 of 1973 - Child Care Organizations (722.111 - 722.128)
Section 722.112 - Rules; Ad Hoc Committee; Restrictions; Review; Compliance Timeline.
Section 722.112b - Definitions; Scope.
Section 722.113b - Smoking Prohibited; "Smoke" or "Smoking" Defined.
Section 722.113d - Repealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.113e - Criminal History Background Check Required; Posting Notice; Rules.
Section 722.113g - Licensing Records Notebook.
Section 722.113h - Unannounced Inspections of Child Care Organizations.
Section 722.114 - Consultation and Assistance to Organizations.
Section 722.115a - Providing Records to Children's Ombudsman.
Section 722.115f - Repealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.115g - Duties of Department Upon Conviction of Household Member.
Section 722.115j - Criminal History Background Check Performed by Department.
Section 722.116 - Evaluation of Governmental Child Care Organizations; Report; State Funds.
Section 722.116a - Annual Comprehensive Needs Assessment.
Section 722.117a - Provisional License.
Section 722.118 - Regular License; Renewal; Duration; Contents; Reissuance; Extended License.
Section 722.118b - Regulation of Foster Family Homes or Foster Family Group Homes; Variance.
Section 722.119a - Repealed. 2017, Act 257, Eff. Mar. 28, 2018.
Section 722.120a - Contribution.
Section 722.121b - Database; Establishment; Maintenance; Information.
Section 722.124 - Persons Authorized to Place Child.
Section 722.124b - Definitions Used in MCL 722.124b, 722.124c, and 722.124d.
Section 722.126 - Education to Public.
Section 722.127a - Use of Inhaler or Epinephrine Auto-Injector by Child at Children's Camp.