• Violation

  MCL 722.115n Application for or renewal of license to operate child care center, group child care home, or family child care home; household member or child care staff member; criminal history check; requirements; duties of department. (1) Except as otherwise provided in subsection (13), when a person, partnership, firm, corporation, association, governmental organization, or nongovernmental organization applies for or applies to renew a license to operate a child care center, group child care home, or family child care home under section 5m and before a group child care home or family child care home allows an individual to be a member of the household, or a child care center, group child care home, or family child care home allows an individual to become a child care staff member, the department shall do all of the following: (a) Review its database of individuals with previous disciplinary action within a child care center, group child care home, or family child care home or an adult foster care facility. (b) Conduct a search of the individual through the national sex offender registry. (c) Request a search of the individual through all state criminal registries or repositories for any states of residence in the past 5 years. (d) Request that the department of state police perform a criminal history check on the individual, child care staff member, or adult member of the household.

  On 9/2/2021, I contacted Ms. Tina Closson via text message to inquire regarding Emily Newhall's role at Ms. Closson's child care home. Ms. 2 Closson informed me that Ms. Newhall was a child care staff member (CCSM) and that Ms. Newhall is currently at Ms. Closson's home with CCSM Darlene Closson caring for children. Ms. Closson added that she was currently away from the child care home at an appointment but would return to the child care immediately following. I made an unannounced onsite to Ms. Closson's home later that day, Ms. Closson and CCSM Darlene Closson were present and providing care for 8 children. I explained to Ms. Closson a special investigation has been initiated based on the information that CCBC deemed Ms. Newhall was ineligible and continued to provide care to children. Ms. Closson explained that she believed prior to 9/2/2021, Ms. Newhall was listed on CCBC as "supervision only" and on 9/2/2021 at 7:43 AM she received a notice from CCBC stating, "Emily was made ineligible for lack of out-of- state paperwork." Ms. Closson added that she had a medical appointment that morning and did not read the email until after I contacted her via text message. During the onsite, Ms. Closson confirmed that sent Ms. Newhall home from the child care center as soon as Ms. Closson returned from her appointment on that day. She added that Ms. Newhall will not return until she has completed the CCBC process and is deemed as eligible to work unsupervised in the Closson child care home. On 10/29/2021, I spoke with Ms. Sue Bancroft of the CCBC team. Ms. Bancroft confirmed the following timeline regarding Ms. Newhall's background clearance for the Closson child care home: • 5/21/2021 — Ms. Newhall was fingerprinted for the CCBC system. • 6/8/2021 — Determination by CCBC that out-of-state information was required as Ms. Newhall has recently lived in Florida. • 6/8/2021 — Ms. Newhall was emailed and provided with information of how to obtain the required out of state information • 7/8/2021 — Ms. Newhall status changed to "ineligible" due to lack of required out-of-state documentation/information; Ms. Closson notified on the same day of the change via CCBC messaging system. • 9/2/2021 — Second notice to Ms. Closson that Ms. Newhall was ineligible by Ms. Bancroft. Ms. Bancroft confirmed that Ms. Newhall's status remained as ineligible from 7/8/2021 until I initiated this investigation on 9/2/2021. After speaking with Ms. Bancroft, I contacted Ms. Closson for clarification regarding Ms. Newhall's "ineligible" status from 7/8/2021 until 9/2/2021. Ms. Closson stated that during that time period, she believed that Ms. Newhall could continue working supervised at the child care as CCBC was waiting on out-of-state paperwork. Ms. Closson indicated that Ms. Newhall had worked in the child care home for 25 days between 7/8/2021 and 9/2/2021. 3

Ms. Tina Closson allowed Ms. Emily Newhall to provide direct care and supervision of children in Ms. Closson's child care home after being notified that Ms. Newhall was deemed "ineligible" by Child Care Background Check (CCBC).

Disposition: Substantiated