Mich. Admin. Code R. 400.12309 - Criminal history; central registry; "good moral character"; convictions

Rule 309.

(1) The agency shall obtain from a foster home applicant or licensee the name of, and a signed release for, a criminal history and child protective services check to obtain any of the following information from each adult member of the household, including children who turn 18 years of age while living in the home:

(a) Conviction of a crime other than a minor traffic violation.

(b) Involvement in a confirmed abuse or neglect of a child or adult.

(c) Placement on court-supervised parole or probation.

(2) If an applicant, licensee, or adult member of the household is a member of a federally recognized Indian tribe or identifies that they have lived on a reservation, the certifying child placing agency must contact the specific tribal jurisdiction, including tribal social services or the tribal court, to determine whether that jurisdiction has relevant background information to provide to the certifying child placing agency regarding the licensing assessment. In the event the tribe does not respond to the inquiry, the department may proceed with the licensing assessment.

(3) The agency shall require a foster home applicant or licensee to undergo a fingerprint-based, criminal history check.

(4) The agency shall require any adult member of the household to undergo a state-based, criminal history background check and, if applicable, contact with the appropriate tribal jurisdiction as referenced in subrule (2) of this rule. Upon the agency receiving information that an additional adult is residing in the home, the agency shall immediately obtain a release from the additional adult for the information required in subrule (1) of the rule.

(5) A license will not be issued or maintained by an applicant or licensee unless the department has made a determination under section 2 of 1974 PA 381, MCL 338.42, regarding the applicant, licensee, or adult member of the household's "good moral character" and convictions.

Notes

Mich. Admin. Code R. 400.12309

1998-2000 AACS; 2014 AACS; 2023 MR 12, Eff. 6/26/2023