Terms Used In Michigan Laws 722.115r

  • Child care center: means a facility, other than a private residence, receiving 1 or more children under 13 years of age for care for periods of less than 24 hours a day, where the parents or guardians are not immediately available to the child. See Michigan Laws 722.111
  • Child care staff member: means an individual who is 16 years of age or older to whom 1 or more of the following apply:
  (i) 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. See Michigan Laws 722.111
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt for a criminal law violation or a juvenile adjudication or disposition by the juvenile division of probate court or family division of circuit court for a violation that if committed by an adult would be a crime, or a conviction in a tribal court or a military court. See Michigan Laws 722.111
  • Criminal history check: means a fingerprint-based criminal history record information background check through the department of state police and the Federal Bureau of Investigation. See Michigan Laws 722.111
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Family child care home: means a private home in which 1 but fewer than 7 minor children are received for care and supervision for compensation for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the household. See Michigan Laws 722.111
  • firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
  • Fraud: Intentional deception resulting in injury to another.
  • Group child care home: means a private home in which more than 6 but not more than 12 minor children are given care and supervision for periods of less than 24 hours a day unattended by a parent or legal guardian, except children related to an adult member of the household. See Michigan Laws 722.111
  • Ineligible: means that the individual obtained the checks and clearances as described in section 5n and 5q and is not considered appropriate to obtain a license, to be a member of the household of a group child care home or family child care home, or to be a child care staff member due to violation of section 5n, 5q, or 5r. See Michigan Laws 722.111
  • Member of the household: means any individual who resides in a family child care home, group child care home, foster family home, or foster family group home on an ongoing basis, or who has a recurrent presence in the home, including, but not limited to, overnight stays. See Michigan Laws 722.111
  • Minor child: means any of the following:
  •   (i) A person less than 18 years of age. See Michigan Laws 722.111
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  •   (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.