Section 400.8125. Staff and Volunteers.

(1) All staff and volunteers shall provide appropriate care and supervision of children at all times.

(2)    All staff shall be of responsible character and suitable to meet the needs of children.

(3)   Both of the following shall be developed and implemented:

(a)    A written screening policy for all staff and volunteers, including parents. The written screening policy shall include when a staff member cannot be present at the center as indicated in subrule (5) and (7) of this rule.

(b)   A written policy regarding supervision of volunteers, including volunteers who are parents of a child in care. The written volunteer supervision policy shall include when a volunteer shall not have unsupervised contact with a child in care as indicated by subrule (6) and (8) of this rule.

(4)   A criminal history check using the Michigan department of state police internet criminal history access tool (ICHAT), or equivalent, for a person’s state of official residence, shall be completed before making an offer of employment to that person. A copy of the ICHAT shall be kept on file at the center.

(5)   A staff member shall not be present in the center if he or she has been convicted of any of the following:

(a)    A listed offense, as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(b)   Child abuse or child neglect.

(c)   A felony involving harm or threatened harm to an individual within the 10 years immediately preceding the date of hire.

(6)    Documentation shall be on file at the center that a volunteer has not been convicted of any of the following before having unsupervised contact with children:

(a)    A listed offense, as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(b)   Child abuse or child neglect.

(c)   A felony involving harm or threatened harm to an individual within the 10 years immediately preceding the date of offering to volunteer at the center.

(7)   A staff member shall not be present in the center until there is documentation from the department of human services on file at the center that he or she has not been named in a central registry case as a perpetrator of child abuse or child neglect.

(8)   Documentation from the department of human services that a volunteer has not been named in a central registry case as the perpetrator of child abuse or child neglect shall be on file at the center before having unsupervised contact with a child in care.

(9)   If a staff person has resided outside of this state as an adult within the 10 years immediately preceding the date of hire, a criminal history check equivalent to Michigan department of state police internet criminal history access tool (ICHAT) and the department of human services central registry clearance shall be requested for all states of previous residence during those 10 years. The out-of-state requests and any responses shall be kept on file at the center.

(10)   The documentation required by subrule (4), (6), (7) and (8) of this rule shall be updated every 2 years at renewal and upon request by the department and shall be kept on file at the center.

(11)   A written plan to assure compliance with section 3 of the child protection law, 1975 PA 238, MCL 722.623, shall be developed and implemented.

(12)   A written statement shall be signed and dated by staff and volunteers at the time of hiring or before volunteering indicating all of the following information:

(a)  The individual is aware that abuse and neglect of children is against the law.

(b)    The individual has been informed of the center’s policies on child abuse and neglect.

(c)     The individual knows that all staff and volunteers are required by law to immediately report suspected abuse and neglect to children’s protective services.

History: 2013 AACS.