1. MHSA Winter Assembly 2017: Criminal History Requirement Discussion
January 13, 2017
Lisa Brewer-Walraven, Michigan Department of Education
Mark Jansen, Licensing and Regulatory Affairs
Kaitlin Ferrick, Michigan Department of Education
Agenda:
What do we know re: comparison of HS requirements and CCDF requirements
Exclusionary crimes (CCDF)
Where are we as a state in regards to compliance
Outstanding Questions and Concerns
Next Steps

2. Criminal Background Checks – What We Know
Head Start
Applies to all Head Start staff and any contractors that provide services to children or families or could have access to children
Requires comprehensive checks (FBI fingerprint, State criminal records, sex offender registry, and abuse and neglect registry)
Sex offender and one of the criminal record before hire
Remainder within 90 days
Not effective until 9/30/17
Before all checks are done, never alone with children
Must be repeated every five years
CCDF
Applies to licensed, regulated and registered providers (not just those receiving CCDF $)
Includes employees, individuals whose activities involve care and supervision of children or unsupervised access, adult residents of family child care homes
Requires comprehensive checks (FBI fingerprint, National Sex Offender Registry of Crime Information Center, and – for every state resided in last 5 years – State criminal records, sex offender registry, and abuse and neglect registry
Not effective until 9/30/17 with possible one year extension
Allows for provisional hires if complete FBI or state criminal check, but must be supervised
This is a slide created by OCC to show similarities of requirements.
Describe difference between state and FBI checks

3. Non Negotiable Exclusionary Crimes (CCDF)
Murder, as described in Sect of Title 18, US Code;
Child abuse or neglect;
Crimes against children, including child pornography and violent misdemeanors;
Spousal abuse;
Crimes involving rape or sexual assault;
Kidnapping;
Arson;
And, physical assault or battery
Some flexibility around drug offenses

4. Where are We? PA 116 changes – SB1129-SB1131 of 2016
Child Care Rule Changes-after law is changed and signed by Governor in 2017
Coordination with MSP/FBI, DHHS, MDE & LARA
Technology- New system for background checks being developed 2017
Funding- MDE
Meeting the deadline or an extension? Goal is to pass PA116 changes in early Rules follow immediately. Background checks could take months based on capacity of vendor.

5. Outstanding Questions
Head Start guidance related to when checks must be conducted
Checking criminal history and/or abuse and neglect information in other states
Access to all criminal information required

6. Next Steps