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Issue Alert - 10-01-06
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| Date: |
Jan 05, 2010 |
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| Program Area: |
Child Development and Care (CDC) |
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| Issue Summary: |
When a child care aide or relative care provider is denied enrollment for CDC, DHS will send the aide/provider a copy of any criminal background check matches on which the denial is based |
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| Persons Affected: |
Individuals denied enrollment as a CDC provider |
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| For More Information: |
Center for Civil Justice 320 S. Washington, 2nd Floor Saginaw, MI 48607 (989) 755-3120, (800)724-7441 Fax: (989) 755-3558 E-mail: info@ccj-mi.org
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Background |
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DHS does criminal background checks at enrollment and periodically
thereafter to determine whether they will approve child care aides or relative
care providers to receive CDC payments.
DHS looks at histories on the individual seeking payment and also on any
adults living in the relative care provider’s home. (Child care aides provide care in the child’s
home.) In the past, when DHS denied CDC provider enrollment because of a
match in the criminal background check, DHS did not provide information about
the history on which the denial was based.
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What's Happening? |
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As the result of advocacy by legal services attorneys in (For example, DHS routinely does a match of its own
records to identify persons who are listed in its records as living at the same
address as the provider and then does criminal background checks on all such
persons. This may result in CDC provider
enrollment denials based on the criminal background of a person who lives in
the same building as the provider, but in a different apartment.) |
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What Should Advocates Do? |
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Help clients determine whether the criminal history information is a
valid reason for
1. denying or terminating
provider enrollment (crimes may be coded and require a match with the list of
disqualifying offenses in the DHS Crime Codes Exhibit http://www.mfia.state.mi.us/olmweb/ex/CrimeCodesExhibit/CrimeCodesExhibit.pdf) |
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What Should Clients Do? |
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Seek legal help if
DHS denies or terminates your enrollment as a CDC provider based on a criminal
history check, if you believe the information is inaccurate, is not a valid
basis for denial of enrollment, or is not relevant to you or an adult (age 18
or older) in your home. |
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Finding Help |
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Most legal aid and legal services offices handle these types of cases, and they do not charge a fee.
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