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These requirements are in addition to legal requirements and reporting requirements described on other pages of this website.

 

 (Also see Child Placing Organizations)

 

For information on laws and rules for adoption and child placing organizations, go to the Michigan Department of Human Services website.

 

 

For information about licensing and regulation of adult foster care homes, homes for the aged, and specialized programs for developmentally disabled and/or mentally ill individuals who reside in adult foster care homes, go to the Department of Human Services website.

 

 

See IRS Publication 557, Tax Exempt Status for Your Organization.

 

 

Find a discussion of laws and rules for animal shelters at the Michigan Department of Agriculture website.

 

 

This website offers only introductory summary information on the requirements for background checks.  Below is a list of types of organizations that are required by Michigan or federal law to conduct checks on the criminal history of an employee or volunteer.  However, because these requirements vary greatly and may be changed by amendments to laws, organizations that deal with vulnerable populations such as children, older youth, the elderly, or the infirm should frequently check with their own legal counsel, contact regulatory agencies that oversee them, and consult with related professional organizations to keep up to date on requirements.

 

To obtain a criminal history check, you may contact the Michigan State Police for information on both state and nationwide criminal history checks.

 

Organizations required to perform criminal history checks for employees and/or volunteers:

  • Adult Foster Care Home & Homes for the Aged
  • Child Care and Day Care Centers
  • Driver Training Schools & Driver Testing Organizations
  • Educational Institutions, Schools & Training Facilities
  • Home Health Agencies
  • Hospices
  • Hospitals
  • Intermediate Care (Rehabilitation) Facilities
  • Nursing Homes
  • Psychiatric Facilities

 Licenses that require criminal history checks:

  • Child day care centers or facilities
  • Family day care centers or facilities
  • Group day care centers or facilities
  • Health occupations, including, but not limited to, doctors, physician’s assistants, nurses, nurse aides,  & pharmacists
  • McGruff Houses – houses designated as “safe houses” for children who feel threatened or need assistance

 

You may also want to go to a chart on the State of Michigan website that lists reasons for obtaining fingerprint checks, along with references to the Michigan laws requiring the check and a list of associated fees.

 

 

In Michigan, a children's camp is defined in Act No. 116 of the Public Acts of 1973, as amended. A children's camp is five or more children, away from their parents, relatives or legal guardians, for five or more days within a 14-day period in a natural environment.

A licensed adult foster care camp is defined in Act No. 218 of the Public Acts of 1979, as amended. An adult foster care facility has the approved capacity to receive more than four adults who shall be provided foster care. An adult foster care camp is a facility located in a natural or rural environment.

 

For rules and licenses required for the operation of camps, go to the Department of Human Services website.

 

 

In Michigan,Act 116 of the Public Acts of 1973, as amended, defines foster family homes and foster family group homes that must be licensed by the Department of Human Services as follows:

 

Foster Family Home means a private home in which up to 4 minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household pursuant to the adoption code, are given care and supervision for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent or legal guardian.

 

Foster Family Group Home means a private home in which more than 4 but fewer than 7 minor children, who are not related to an adult member of the household by blood or marriage, or who are not placed in the household pursuant to the adoption code, are provided care for 24 hours a day, for 4 or more days a week, for 2 or more consecutive weeks, unattended by a parent or legal guardian.

 

For information concerning licensing and forms to apply, go to the Department of Human Services website. 

 

Also see above under Background (Criminal History) Checks. 

 

"Child Placing Agency" means a governmental organization or an agency incorporated under the Michigan Nonprofit Corporation Act with the purpose of receiving children for placement in private family homes for foster care or for adoption. The function of a child placing agency may include the investigation of applicants for adoption and the investigation and certification of foster family homes and foster family group homes. The function of a child placing agency may also include the supervision of children who are 16 or 17 years of age and who are living in unlicensed residences. For more information, go to the Michigan Department of Human Services website.

 


 

The Bureau of Construction Codes is located in the Michigan Department of Labor and Economic Growth and administers laws requiring inspections of many areas of building construction and safety. Information about the laws the bureau administers and compliance with those laws is found on the Department of Labor and Economic Growth website.


The publication The Bureau of Construction Codes Overview also offers helpful information about Michigan laws governing building construction and safety.

 

 

Federal law

The United States Copyright Office has an excellent website. If you are new to this issue, you may want to begin with the Copyright Basics page of the website for information on how to claim rights to material, when registration is warranted, and a number of related issues. Because copyright and trademark law are complicated areas of law, we recommend obtaining your own legal counsel to help apply the law to specific circumstances.

 

For information on trademarks, go to the Office of Trademarks website, or you may link to that and other information on the website for the Office of Patents and Trademarks. Also, this link to Frequently Asked Questions on the United States Office of Patents and Trademarks Office website may provide some guidance regarding definitions and links for locating information.

 


State Law

Under Michigan law, a charity may register a trademark, service mark or insignia. Go to the Department of Labor and Economic Growth for  more about the laws that govern the registration and how to register such marks and insignias.

 

 

The Pension Protection Act of 2006 created new regulations for these credit repair and credit counseling organizations that wish to operate under a 501(c)(3) exemption. The IRS website has information on these new rules and requirements.

 

 

 

See above under Background (Criminal History) Checks

 

 

Day care centers in Michigan are subject to licensing requirements that are administered by the Michigan Department of Human Services (DHS). The DHS website provides information on how to qualify and apply for the license.

 

 

The Michigan Department of Agriculture (MDA) administers the Food Law of 2000 that provides for licensing of establishments that handle and/or sell food.  Some exemptions do apply.  The MDA website provides a number of resources on its website.  Here are links to specific pages on the MDA website:

 

 

 

See International Grantmaking below.

 

 

All health care facilities are licensed and regulated by the Michigan Department of Community Health, as are the professionals who work for and with the facilities to provide services. The Bureau of Health Professions is in charge of licensing health professionals, taking complaints, and handling disciplinary actions concerning health professionals.

 

Responsibility for regulating construction and compliance with standards for health care facilities is in the Health Facility Engineering Section.

 

Because the laws and regulations that impact health facilities of all kinds are so varied and complex, those wishing to establish or operate such a service should seek legal counsel from professionals who are familiar with the issues involved.

 

 

 

 

See above under "Construction Codes." Also check with local authorities (city, village, township, county) for zoning regulations; fire inspections; building inspections; environmental health issues, such as water and sewage; and any other local ordinances that may apply to housing.

 

 

See "Animal Shelters" above.

 

 

Immigration Reform and Control Act of 1986

Every employer is responsible for verifying the citizenship or alien status of each employee they hire.  Each employee hired after November 6, 1986, must complete Section 1 of the I-9 Form.  The employer must examine documents verifying the employee’s status and complete other sections of the form, as described in the instructions. The United States Citizen and Immigration Services (click on "For Employers") provides information on its website, including information on the e-Verify, an online program to comply with INS requirements.

 

 

The United States International Grantmaking project of the Council of Foundations offers resources on their webpage to learn about the laws that apply to international grantmaking, including Executive Order 13224, issued September 23, 2001, and the U. S. Patriot Act.

 

The Council of Foundations website also offers guidance on how to make international grants through "friends of" organizations.

 

 

Prior to engaging in the sale of alcoholic beverages, a charity must obtain a license from the Michigan Liquor Control Commission.  Here is the website listing the forms that may need to be filed prior to selling alcoholic beverages: http://www.michigan.gov/cis/0,1607,7-154-10570_14177_15074---,00.html.

 

Most commonly, the nonprofit will need to use the Application for Special License which allows the sale of beer wine and/or spirits for consumption on the premises where the sale takes place.  This application takes at least ten days to process. 

 

If an organization plans to engage in more extensive sale of alcoholic beverages, such that the “Special License” is not sufficient, then the organization should consult with its own legal counsel and tax advisors.

 

Also take note that other licenses, such as a Michigan sales tax license, will also be required to conduct the sale of alcoholic beverages.


 

For information regarding churches and religious organizations, including laws that apply to these organizations and exemptions from legal requirements, go to the Religious Charities page on this website.

 

 

See IRS Publication 557, Tax Exempt Status for Your Organization.

 

 

For information, go to the Scholarship Programs portion of the Private Foundation page of this website.

 

(Charter Schools, Vocational Schools, K-12 & Higher Education)

 

Go to the section on schools and educational institutions on the Public Charity page of this website for information on how to form a school and links to agencies that regulate schools and educational institutions.

 

Also go to the Section of IRS Publication 557 for specific provisions that apply to "Educational Institutions and Private Schools."


 

See above under Copyrights, Trademarks & Service Marks
 

 

See above under Copyrights, Trademarks & Service Marks
 

 

 

For other information on requirements for employees, see information on the Employment Laws page of this website and below under "Youth Volunteers."

 

 

 

Laws that apply to employees do not necessarily apply to volunteers. However, while Michigan laws do not provide specific guidance for the management of volunteers, setting consistent policies to manage volunteer issues, such as the obligations and responsibilities of volunteers and the charity, will provide the charity with protection against charges of unfair treatment.

 

Michigan has a Volunteer Registry program where those who wish can add their name and credentials to be called on in a time of emergency. The website on the Michigan Department of Community Health website offers some information regarding legal issues and volunteers. Go to the Volunteer Registry page and scroll down to Legal Issues.
 

Issues to consider include:

  • Background checks and criminal history checks for those who will have access to clients or information about clients
  • Liabiilty of the charity for acts committed by volunteers
    (The Nonprofit Corporation Act permits corporations to indemnify volunteer directors. The charity should consider purchasing a liability insurance policy.)
  • Procedures for managing volunteers to protect against charges of discrimination or unfair practices
  • Procedures for handling complaints brought by volunteers
  • Procedures for dismissing volunteers


 Federal Volunteer Protection Act of 1997

While federal law does not, in general, regulate volunteers, their use or activities, there may be some limitations or rules connected with certain federal grants or contracts. The Volunteer Protection Act provides some limited liability protection for volunteers, but charities and volunteers should be aware of the limitations of this act. The website for the Office of the Civilian Medical Reserve Corps provides some information on the Act.

 

For more information and resources on setting policies, go to the MNA online bookstore, www.boardsource.org and www.managementhelp.org.