Mich. Admin. Code R. 400.1925 - Comprehensive background check; fingerprinting

Rule 25.

(1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, prior to an individual having any unsupervised contact with children, the department shall determine the individuals eligibility to be any of the following:

(a) A licensee.

(b) An adult member of the household.

(c) A child care assistant.

(d) A child care staff member.

(e) An unsupervised volunteer.

(2) An applicant or licensee shall do all of the following:

(a) Ensure that each individual who requires an eligibility determination pursuant to subrule (1) of this rule completes, signs, and submits all of the information required in subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed by the department. The forms are available on the departments website for the child care background check system, www.michigan.gov/ccbc. The form(s) must be signed and dated prior to the individuals appointment to be fingerprinted.

(b) Maintain a copy of the completed and signed form(s) for each individual entered into the child care background check system under the license.

(c) Provide to the department, upon request, a copy of the individuals completed and signed form(s).

(d) Establish and activate an account and accurately enroll each individual listed in subrule (1) in the child care background check system.

(e) Within the departments child care background check system, accurately complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license.

(f) Immediately disconnect each individual from the system once he or she is no longer a licensee, adult member of the household, child care assistant, child care staff member, or an unsupervised volunteer under the license.

(3) An individual may serve as a child care staff member pending an eligibility determination by the department, in accordance with section 5n(8) of the act, MCL 722.115n(8), and shall be supervised at all times by the licensee or a child care staff member who has been determined eligible.

(4) For an individual who is determined ineligible by the department, a licensee shall immediately do all of the following:

(a) Prohibit the individual from being on the premises of the child care home.

(b) Prohibit the individual from having any contact with children in care.

(c) Disconnect the individual from the child care background check system.

(5) An individual who requires a comprehensive background check pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, shall submit to the department, on a form prescribed by the department, all personally identifiable information necessary to conduct the comprehensive background check, including all of the following:

(a) Full legal name.

(b) All other names used in the past, including any maiden name or alias, the approximate date the other name was used, and the reason for the name change.

(c) Suffix, if applicable.

(d) Social Security number.

(e) Date of birth.

(f) Place of birth.

(g) Country of citizenship.

(h) Height.

(i) Weight.

(j) Hair color.

(k) Eye color.

(l) Sex.

(m) Race.

(n) Current address.

(o) If the individual resided outside the state of Michigan during the last 5 years, then provide each of those addresses.

(p) Drivers license identification number and state issuing the license or a state identification number and state issuing it, if available.

(q) Phone number.

(r) Email address, if available.

(s) Any other information deemed reasonably necessary by the department to determine the eligibility of the individual based on a name-based registry match.

(6) The department shall maintain the confidentiality of all personally identifiable information submitted pursuant to this rule to the extent permitted by law.

Notes

Mich. Admin. Code R. 400.1925

An obvious error in R 400.1925 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the correction was published in Michigan Register, 2020 MR 1.