{"data":{"id":"us-mi/mich.-comp.-laws-722.115r","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 722.115r","heading":"Individual required to undergo criminal history check or database check; individual ineligible to receive license, be adult member of household, or be child care staff member; conditions.","body":"Sec. 5r.\n\n(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:\n\n(a) Refuses to consent to the criminal history check or central registry check as required under section 5q.\n\n(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.\n\n(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.\n\n(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:\n\n(a) Is registered, or is required to be registered, on a state sex offender registry or repository or the national sex offender registry.\n\n(b) Has been convicted of a felony consisting of 1 or more of the following or any other state or federal equivalent:\n\n( i ) Murder or homicide.\n\n( ii ) Child abuse or child neglect.\n\n( iii ) A crime against a minor child, including, but not limited to, child pornography.\n\n( iv ) Spousal abuse or domestic violence.\n\n( v ) A crime involving rape or sexual assault.\n\n( vi ) Kidnapping.\n\n( vii ) Arson.\n\n( viii ) Physical assault or battery.\n\n( ix ) Human trafficking or involuntary servitude.\n\n(c) Has been convicted of a violent misdemeanor against a child, including, but not limited to, 1 or more of the following crimes:\n\n( i ) Child abuse.\n\n( ii ) Child endangerment.\n\n( iii ) Sexual assault.\n\n(d) Has been convicted of a misdemeanor involving child pornography.\n\n(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:\n\n(a) A felony involving harm or threatened harm to an individual.\n\n(b) A felony involving the use of a firearm or dangerous weapon.\n\n(c) A felony involving cruelty or torture of any person.\n\n(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.\n\n(e) A felony involving operating a motor vehicle while intoxicated or impaired causing serious injury or death.\n\n(f) A felony involving the use of a computer or the internet to commit a crime.\n\n(g) A felony involving cruelty to animals, including, but not limited to, fighting, killing, torturing, and abandoning.\n\n(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.\ner or the internet to commit a crime.\n\n(g) A felony involving cruelty to animals, including, but not limited to, fighting, killing, torturing, and abandoning.\n\n(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.\n\n(i) A felony as a habitual offender.\n\n(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.\n\n(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:\n\n(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.\n\n(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.\n\n(c) A misdemeanor involving stalking, assault, spousal abuse, domestic violence, weapons offense, harboring runaways, aiding and abetting, and arson.","path":["MI Code","Chapter 722","Act Act-116-of-1973"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-722-115r","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"064b948d1643d2d376a56e5670f922f7bfb0e835fc378084cddc3e1023c1cf84","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-722.115q","next":"us-mi/mich.-comp.-laws-722.115s"},"notice":"GroundRules: Original legal text. Not legal advice."}