Michigan enforces criminal history checks for child care organization employees

Michigan Senate Bill 64 aims to enhance the safety of children in care facilities by tightening regulations surrounding the employment of individuals with criminal convictions. Introduced on February 5, 2025, the bill mandates that child care organizations must not employ or allow individuals with listed offenses to work in any capacity that involves regular and continuous contact with children.

Key provisions of the bill include a requirement for child care organizations to conduct thorough background checks through the Michigan Department of State Police's Internet Criminal History Access Tool (ICHAT) or equivalent systems. If a current employee or contractor is found to have a conviction for a listed offense, the organization must terminate their employment immediately. Additionally, the bill prohibits organizations from passing the costs of these background checks onto employees or applicants.

The legislation also stipulates that child caring institutions must not allow staff members to begin work until a comprehensive criminal history check is completed, which includes fingerprinting and obtaining results from both state and federal authorities. If a staff member has a criminal conviction, the institution is required to conduct a written evaluation assessing the nature of the conviction and its relevance to the individual's suitability for working with children.

While the bill has garnered support for its focus on child safety, it has also sparked debates regarding the potential impact on employment opportunities for individuals with past convictions. Critics argue that the stringent measures may disproportionately affect those seeking rehabilitation and reintegration into the workforce. Proponents, however, emphasize the necessity of safeguarding children in care settings.

The implications of Senate Bill 64 are significant, as it seeks to create a safer environment for vulnerable populations while balancing the need for fair employment practices. As the bill progresses through the legislative process, stakeholders from various sectors will be closely monitoring its developments and potential amendments. The outcome could set a precedent for how child care organizations across Michigan handle employment screenings and the treatment of individuals with criminal histories.