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Mich. Comp. Laws § 722.115r

Individual required to undergo criminal history check or database check; individual ineligible to receive license, be adult member of household, or be child care staff member; conditions

Add. 2017, Act 256, Eff

Sec. 5r. (1) An individual required to undergo a criminal history check as described in section 5n is ineligible for that application only, to receive a license, be an adult member of the household or be a child care staff member if the individual does either of the following: (a) Refuses to consent to the criminal history check or central registry check as required under section 5q. (b) Knowingly makes a materially false statement or knowingly omits information in connection with a criminal history check or central registry check as required under section 5q. (2) An individual required to undergo a database check as required under section 5n(1)(a) who has a confirmed history of disciplinary action or violations as outlined in section 11(5) and (6) may be considered ineligible to receive a license, be an adult member of the household, or be a child care staff member. (3) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual satisfies 1 or more of the following: (a) Is registered, or is required to be registered, on a state sex offender registry or repository or the national sex offender registry. (b) Has been convicted of a felony consisting of 1 or more of the following or any other state or federal equivalent: (i) Murder or homicide. (ii) Child abuse or child neglect. (iii) A crime against a minor child, including, but not limited to, child pornography. (iv) Spousal abuse or domestic violence. (v) A crime involving rape or sexual assault. (vi) Kidnapping. (vii) Arson. (viii) Physical assault or battery. (ix) Human trafficking or involuntary servitude. (c) Has been convicted of a violent misdemeanor against a child, including, but not limited to, 1 or more of the following crimes: (i) Child abuse. (ii) Child endangerment. (iii) Sexual assault. (d) Has been convicted of a misdemeanor involving child pornography. (4) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of 1 or more of the following felonies, an attempt or conspiracy to commit 1 or more of the following felonies, or any other state or federal equivalent, unless 10 years have lapsed since the conviction, before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household, or a child care center, group child care home, or family child care home allows an individual to be a child care staff member: (a) A felony involving harm or threatened harm to an individual. (b) A felony involving the use of a firearm or dangerous weapon. (c) A felony involving cruelty or torture of any person. (d) A felony involving a substantial misrepresentation of any material fact, bribery, fraud, larceny, embezzlement, theft, home invasion, breaking and entering, receiving and concealing stolen property or a crime of similar statute. (e) A felony involving operating a motor vehicle while intoxicated or impaired causing serious injury or death. (f) A felony involving the use of a computer or the internet to commit a crime. (g) A felony involving cruelty to animals, including, but not limited to, fighting, killing, torturing, and abandoning. (h) A felony involving aggravated stalking, aggravated indecent exposure, indecent exposure by a sexually delinquent person, pandering, transporting an individual for prostitution, and keeping, maintaining, or operating a house of ill fame. (i) A felony as a habitual offender. (5) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of a felony drug offense, an attempt or conspiracy to commit a felony drug offense, or any other state or federal equivalent, unless 7 years have lapsed since the conviction before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household or a child care center, group child care home, or family child care home allows an individual to be a child care staff member. (6) An individual required to undergo a criminal history check as described in section 5n is ineligible to receive a license, be an adult member of the household, or be a child care staff member if the individual has been convicted of 1 or more of the following misdemeanors, an attempt or conspiracy to commit any of those misdemeanors, or any other state or federal equivalent, unless 5 years have lapsed since the conviction before the date of application or before the date a group child care home or family child care home allows an individual to be an adult member of the household or a child care center, group child care home, or family child care home allows an individual to be a child care staff member: (a) A misdemeanor involving operating under the presence of a controlled substance, use or possession of a controlled substance, and selling or furnishing a controlled substance to a minor. (b) A misdemeanor involving using computers to commit a crime, a substantial misrepresentation of a material fact, embezzlement, breaking and entering, and any other fraudulent crime except retail fraud in the third degree, petty theft, or shoplifting. (c) A misdemeanor involving stalking, assault, spousal abuse, domestic violence, weapons offense, harboring runaways, aiding and abetting, and arson.

Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.