Current through Public Act 149 of the 2024 Legislative Session
Section 722.115i - Arraignment or conviction of licensee operating foster family home or foster family group home; report; crimes; violation; person not convicted; deletion of information from records(1) A person to whom a license to operate a foster family home or foster family group home has been issued under this act shall report to the department within 3 business days after he or she has been arraigned for or convicted of 1 or more of the following crimes and within 3 business days after he or she knows or should reasonably know that an adult member of the household has been arraigned for or convicted of 1 or more of the following crimes: (b) Any of the following misdemeanors: (i) Criminal sexual conduct in the fourth degree or an attempt to commit criminal sexual conduct in the fourth degree.(ii) Child abuse in the third or fourth degree or an attempt to commit child abuse in the third or fourth degree.(iii) A misdemeanor involving cruelty, torture, or indecent exposure involving a child.(iv) A misdemeanor violation of section 7410 of the public health code, 1978 PA 368, MCL 333.7410.(v) A violation of section 115, 141a, 145a, 335a, or 359 of the Michigan penal code, 1931 PA 328, MCL 750.115, 750.141a, 750.145a, 750.335a, and 750.359, or a misdemeanor violation of section 81, 81a, or 145d of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, and 750.145d.(vi) A misdemeanor violation of section 701 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701.(vii) Any misdemeanor that is a listed offense.(c) A violation of a substantially similar law of another state, of a political subdivision of this state or another state, or of the United States.(2) A person who violates subsection (1) is guilty of a crime as follows:(a) If the person violates subsection (1) and the crime involved in the violation is a misdemeanor that is a listed offense or is a felony, the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.(b) If the person violates subsection (1) and the crime involved in the violation is a misdemeanor that is not a listed offense, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.(3) The department shall delete from the licensee's records all information relating to an arraignment required to be reported under this section if the department receives documentation that the person arraigned for the crime is subsequently not convicted of any crime after the completion of judicial proceedings resulting from that arraignment.Amended by 2017, Act 256,s 6, eff. 3/28/2018.Added by 2007, Act 218,s 3, eff. 1/1/2008.