Analysis

TOPIC: Criminal Checks on Child Care Workers
Sponsor: Bouchard
Committee: Health and Human Services

Position: The Department of Consumer and Industry Services supports the concept of the bill.

Background: There has been a growing sensitivity at both the state and federal level concerning the potential for child abuse occuring outside the home by persons already convicted of child abuse or other serious crimes. This abuse could occur at school, in day care centers, at camp and can be prevented by taking advantage of the extensive law enforcement data bases which already exist. The Federal Bureau of Investigations maintains a national data base of criminal history records submitted by state, local and federal agencies. This data base includes fingerprint records, personal identification data and reports of arrests and convictions. The Michigan State Police maintains a similar data base containing Michigan records.

The Michigan Legislature has already passed legislation protecting children from potential child abusers at school , but no legislation exists to protect children in a day care or camp setting.

At least thirty-one states and the District of Columbia have enacted laws that require criminal history screening through the FBI.

The federal government has also been active in this area. The National Child Protection Act of 1993 was enacted to encourage states with criminal history screening laws to expand their scope, to encourage the remaining states to adopt such laws and to improve the quality of the criminal history records used for the checks.

Bill Content

The bill would prohibit the department from issuing or renewing a license or certificate of registration without requesting criminal history and criminal records checks for the person seeking the license or renewal or for each partner, officer or manager of the child care organization. If any facility of the child care organization is a private residence, criminal history and criminal records checks would also be required for each individual who is over 16 years of age. The requests would be submitted through the Department of State Police. The individual would be required to give written consent at the time of the application for the required checks. The individual would be required to submit his or her fingerprints to the Department of State Police for purposes of the checks.

The criminal history check must be completed and reported by the Department of State Police to the department within 45 days. The Department of State Police must initiate a criminal records check within 7 days of receiving the request and provide the results to the department.

If the criminal history and criminal records checks of an applicant or a partner, officer, or manager of a child care organization reveal a criminal conviction, the bill gives discretion to the department if the conviction is not a listed conviction or if the application is a renewal. When the department renews such a license, the child care organization is required to notify the parent or guardian of each child the individual's listed conviction. Where the application is for an original license, the department is required to deny the application if there is a conviction. Section 5B(9)(B) of the bill defines listed convictions.

The bill would also require criminal history and criminal records checks of employees of child care organizations. When an offer of initial employment is made to an individual 16 years of age or older the organization is required to request both checks. Written consent of the individual is required and the individual must submit his or her fingerprints to the Department of State Police for the purposes of the required checks. The child care organization may not employ the individual unless it determines that conditional employment is necessary and it has received the results of the criminal history check. Criminal history and criminal records checks of existing employees will be accomplished according to a schedule established by the bill. Where either check reveals a listed conviction, the child care organization may not hire that employee and must dismiss existing employees with listed convictions.

The Department of State Police may charge a fee for all criminal history and criminal records checks required by the bill. The fee may not exceed the actual cost of conducting the check.

A parent or guardian hiring a babysitter may request either a criminal history or criminal records check or both checks on the individual he or she is planning to hire. The Department of State Police is required to conduct such checks.

Arguments

For: Child abuse outside the home is very preventable. Legislation enacted earlier has been effective in protecting children from child abuse and convicted sexual offenders while at school. However, expansion is necessary to protect children who may encounter potential abusers in settings outside the school.

Any burdens on the child care industry are a small price to pay for the safety of children. Such burdens can be largely offset by adjustments in hiring practices and perhaps by extending somewhat the potential for conditional employment of applicants. Federal financial assistance may be available to offset some of the financial costs of conducting the required criminal background checks.

Against: The bill's extensive list of crimes includes several minor transgressions. There is also concern about who would bear the financial burden of paying for the required criminal background checks. The vast majority of child care providers and camps are small businesses who would be financially pinched by the cost of the required criminal background checks. Employee applicants will be unlikely to apply for such minimum wage positions if they are responsible for the cost. The bill could also disrupt the operation of certain short-term child care businesses, like summer camps.

Supporters/Opponents: Spring Hill Camp near Evart has expressed concern about the impact of the bill on Summer camp operations.

Fiscal Information: The Department of State Police would be responsible for the state portion of the criminal background check and for assuring the submission of the FBI portion. The bill would permit the Department of State Police to assess a fee to cover the actual costs of the checks. Criminal background checks, including both State and FBI fingerprint checks, currently cost $39. Over 50,000 licensees employing over 250,000 workers would be affected by this bill. These include day care group homes, family day care homes, child care centers, camps and foster homes. Turnover in this industry is extremely high, averaging about 25 percent per year. Much of the employment in the camp sector is seasonal and is limited to the three Summer months.