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

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

Non Negotiable Exclusionary Crimes (CCDF) Murder, as described in Sect. 1111 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

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 2017. Rules follow immediately. Background checks could take 6-9 months based on capacity of vendor.

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

Next Steps