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R400.8201 Comprehensive background check, fingerprinting

Licensing Rules for Child Care Centers

R400.8201 Comprehensive background check, fingerprinting

Rule 201 (1)

  1. Pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q, before an individual has unsupervised contact with children, the department shall determine the individual's eligibility to be any of the following:
    1. A licensee.
    2. A licensee designee.
    3. A child care staff member.
    4. An unsupervised volunteer.
Technical Assistance
  • "Licensee" means a person or legal entity issued a license to operate a child care organization.
  • "Licensee designee" means the individual designated in writing by the board or owner to act on licensing matters.
  • "Child care staff member" means an individual age 16 or older who meets one or more of the following:
    • Employed by a child care center, group home, or family home.
    • Provides unsupervised care or supervision of children.
    • Has unsupervised access to children.
    • Acts as a licensee designee or program director.
  • "Unsupervised volunteer" means an uncompensated individual age 18 or older who has been determined eligible to be unsupervised with children.
Eligibility is determined through the comprehensive background check process. In order to receive a determination, the individual must be entered into the Child Care Background Check (CCBC) system by the person authorized to use the system and then fingerprinted under the Child Care Licensing (CCL) Reason Code. Upon receipt of the fingerprint results, all remaining registry checks will be completed by the department. Any applicant who has resided out of state or country within the past 5 years is required to submit additional information in order to complete the comprehensive background check. This may include the submission of additional forms and fees required by state(s) in order to complete the remaining components of the comprehensive background check.

Rule 201 (2)(a)

  1. An applicant or licensee shall do all of the following:
    1. Ensure that each individual who requires an eligibility determination 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.

Rationale

Ensures the safety and welfare of children.

Technical Assistance
Each person who needs a comprehensive background check has to complete the Consent and Disclosure form. The form can be found at www.michigan.gov/ccbc under Forms and Resources. Make sure the form is filled out accurately and thoroughly.
This form must be signed and dated before fingerprinting to be compliant with this rule. The licensee is also required to accurately and thoroughly complete the Consent and Disclosure form. Licensees are also entered into the CCBC System.

Rule 201 (2)(b)–(c)

  • b. Maintain on file at the center or the central office, a copy of the completed and signed form or forms for each individual entered into the child care background check system under the license.
  • c. Provide to the department, on request, a copy of the individual's completed and signed form or forms.
Technical Assistance

The Consent and Disclosure form can be found at CCBC Forms and Resources. This form is important for several reasons:

  • The form spells out how to appeal criminal history record information if the applicant thinks it's not accurate.
  • The form reminds applicants and licensees of the statutory requirement under MCL 722.115e to report arraignments and convictions for crimes listed in section 5r within 3 business days.
  • The form has personal information needed to do a comprehensive background check. Giving false information or skipping information on this form will make the applicant ineligible. So, the department may request a copy of the Consent and Disclosure form to make sure the applicant did not knowingly skip or give false information (e.g., names previously used or states previously lived in).

Michigan State Police (MSP), the Federal Bureau of Investigation (FBI), and MiLEAP will periodically request a copy of this form to ensure compliance.

MSP and the FBI have Criminal Justice Information Services (CJIS) policies that require a Consent form. Both MSP and the FBI audit MiLEAP to make sure people fingerprinted under the child care reason code know their rights and responsibilities (as documented in this form).

Because the department is audited by the FBI/MSP for compliance with CJIS policies, a copy of the Consent and Disclosure form may be requested to be provided.

Sometimes, the department may find out about other names the applicant has used or states lived in that aren't in the CCBC system. If this happens, the department may request a copy of the Consent and Disclosure form. The Department will try to see if the person was trying to hide or give false information on the background check.

Giving the wrong information or leaving out information on a comprehensive background check will mean the applicant is found ineligible for that application.

If the Department thinks that an applicant may have left out or given false information in the Consent and Disclosure form (and by extension the CCBC System), the department may request to see the form.

Best Practice

Licensees should look over all sections of the Consent and Disclosure form with the applicant when they complete the form so that know their rights and responsibilities (as outlined above). After the applicant completes the Consent and Disclosure form, they should be given a copy of the form for their records.

Rule 201 (2)(d)–(f)

  • d. Establish and activate an account and accurately enroll each individual listed in subrule (1) of this rule in the child care background check system.
  • e. Complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license within the department's child care background check system.
  • f. Immediately disconnect each individual within the department's child care background check system once the individual is no longer a licensee, licensee designee, child care staff member, or an unsupervised volunteer under the license.
Technical Assistance

The licensee must keep the status of each person connected with their license up to date and correct (connection, disconnection, withdrawn).

A person that is on leave, including but not limited to medical leave, summer break, etc. does not need to be disconnected from the facility in the Child Care Background Check (CCBC) system if they intend to return to work at the center once the leave is over. The person must be disconnected once they are no longer employed at the center.

Substitute or intermittent staff members may remain connected to the facility in CCBC if there is an intention to have them return to work at the center.

Once a person is entered into the system for a facility, the licensee will be notified in writing of the applicant's eligibility. The letter tells the licensee to log into the Child Care Background Check system. Once a final hiring decision has been made, the licensee can log in and finalize their "Action." i After a person is found eligible, the licensee must "Connect" them to your facility in CCBC if the person will be:

  • a child care staff member,
  • an unsupervised volunteer or
  • a licensee designee.

If the person will no longer be in one of these roles, you will "Disconnect" them.

If you no longer want to have a background check for someone I, you will "Withdraw" them. The CCBC Forms and Resources has a PowerPoint training guide for using the Child Care Background Check System.

For questions, contact the CCBC unit at 844-765-2247.

Frequently Asked Questions for using the CCBC system can be found here: FAQ

Rule 201 (3)

A person can serve as a child care staff member while waiting for the results of the comprehensive background if they are supervised at all times by an eligible staff member. "Supervised at all times" means the eligible staff member can see and hear the person at all times. Example: An eligible staff member is supervising the person. The staff member needs to use the restroom. Another eligible staff member must step in to supervise the person before the first staff member leaves the room.
Technical Assistance

A person can serve as a child care staff member while waiting for the results of the comprehensive background if they are supervised at all times by an eligible staff member. "Supervised at all times" means the eligible staff member can see and hear the person at all times. Example: An eligible staff member is supervising the person. The staff member needs to use the restroom. Another eligible staff member must step in to supervise the person before the first staff member leaves the room.

Rule 201 (4)

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

  1. Prohibit the individual from being on the premises of the child care center.
  2. Prohibit the individual from having any contact with children in care.
  3. Disconnect the individual from the child care background check system.
Technical Assistance

If you fail to:

  • disconnect an ineligible person or
  • keep an ineligible person away from the child care center or
  • keep an ineligible person from having contact with the children in care,

there may be disciplinary action against your license and/or loss of any subsidy payments.

Rule 201 (5)

Individuals must submit all personally identifiable information necessary for the background check, including:

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:

  1. Full legal name.
  2. 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.
  3. Suffix, if applicable.
  4. Social Security number.
  5. Date of birth.
  6. Place of birth.
  7. Country of citizenship.
  8. Height.
  9. Weight.
  10. Hair color.
  11. Eye color.
  12. Gender.
  13. Race.
  14. Current address.
  15. If the individual resided outside this state during the last 5 years, provide each of those addresses.
  16. Driver's license identification number and state issuing the license or a state identification number and state issuing it, if available.
  17. Phone number.
  18. Email address, if available.
  19. Other information determined reasonably necessary by the department to determine the eligibility of the individual based on a name-based registry match.

Rule 201 (6)

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

Technical Assistance

Definitions according to PA 116 and the Administrative Rules are as follows:

  • "Licensee" means a person, legal entity organized under a law of this state, state or local government, or trust that has been issued a license under this act to operate a child care organization.
  • "Licensee designee" means the individual designated in writing by the board of directors of the corporation or by the owner or person with legal authority to act on behalf of the company or organization on licensing matters. The individual must agree in writing to be designated as the licensee designee. All license applications must be signed by the licensee in the case of the individual or by a member of the corporation, company, or organization.
  • "Child care staff member" means an individual who is 16 years of age or older to whom 1 or more of the following apply:
    • The individual is employed by a child care center, group child care home, or family child care home for compensation, including a contract employee or a self-employed individual.
    • An individual whose activities involve the unsupervised care or supervision of children for a child care center, group child care home, or family child care home.
    • An individual who has unsupervised access to children who are cared for or supervised by a child care center, group child care home, or family child care home.
    • An individual who acts in the role of a licensee designee or program director.
  • "Unsupervised volunteer" is defined in the Administrative Rules to mean an individual who is 18 years of age or older, who provides service for a child care center that is not compensated, and who has been determined eligible by the department to be unsupervised with children.
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