Volunteer screening in Michigan: the complete guide

The statutes, one at a time

These are the laws that create the obligation. Read the citation, not a summary of it, before you build a policy around it.

1. 1

   MCL 400.586l — Area Agencies on Aging Volunteer Background Checks

   Mich. Comp. Laws § 400.586l

   Added by 2021 PA 28 (effective March 30, 2022) and applying retroactively from October 1, 2020, requires each area agency on aging to conduct a criminal background check revealing information similar to an ICHAT check and a national and state sex offender registry check for each new volunteer who has in-person client contact, in-home client contact, access to client property, or access to confidential client information. Background check must be completed before the volunteer begins working with clients. Renewal required every 3 years.

2. 2

   MCL 722.115d — Childcare Background Checks

   Mich. Comp. Laws § 722.115d

   Requires every child care organization to run an ICHAT (or equivalent state-of-residence) check before a conditional offer of employment, and bars employing anyone convicted of a listed offense. In licensed centers and homes, unpaid volunteers with unsupervised access to children are “child care staff members” (MCL 722.111(1)(a)) and must receive MiLEAP’s fingerprint-based eligibility determination under MCL 722.115n and 722.115q, renewed at least every 5 years.

3. 3

   Mich. Admin. Code R 400.8201 and R 400.1919 — Comprehensive Background Check; Fingerprinting

   Mich. Admin. Code R. 400.8201 (centers, eff. May 7, 2025); R. 400.1919 (homes, eff. Apr. 27, 2026)

   Before any unsupervised contact with children, MiLEAP must determine the eligibility of every licensee, child care staff member and unsupervised volunteer (16+), using fingerprints. Supervised volunteers must instead be cleared by the licensee against the Michigan or national public sex offender registry before any contact (R 400.8213(2); R 400.1903(1)(r)).

4. 4

   National Child Protection Act (Federal) — Fingerprint Checks for Qualified Entities

   34 U.S.C. § 40102 (federal; formerly 42 U.S.C. § 5119a); applied in MI via MSP fingerprint system

   Under the federal National Child Protection Act/Volunteers for Children Act, Michigan schools and youth-serving nonprofits may be able to request fingerprint-based volunteer checks through MSP; confirm the correct MSP reason code first. We found no Michigan statute requiring schools to check volunteers, so the level of check is each district’s decision.

Which check, from which agency

Michigan does not use one check for everything. These are the distinct instruments in play — they search different databases and are not interchangeable.

• ICHAT (Internet Criminal History Access Tool) — Michigan name-based state criminal record search, operated by MSP
• MSP + FBI fingerprint-based check via Live Scan (required for unsupervised child care volunteers, camp directors and foster parents)
• National and Michigan sex offender registry checks (required for aging services volunteers under MCL 400.586l)
• Michigan Sex Offender Registry check (MSP public database)
• Central Registry clearance (MDHHS child abuse and neglect registry — unsupervised child care volunteers, camp staff and volunteers 21+, and available via form DHS-1929 to any volunteer organization whose volunteers have contact with children)

The order to do it in

1. 1

   Write the policy before you screen anyone

   Decide which roles require a check, who reviews a result, and who makes the final call — in writing, before you have a result to review. Deciding under pressure with a parent on the phone is how organizations end up with a decision they cannot defend. Our free policy generator will draft one you can edit.

2. 2

   Sort your roster by unsupervised access, not by job title

   The statutes above turn on contact and supervision, not on what a role is called. A "greeter" who walks children to the restroom has unsupervised access; a "coach" who is never alone with anyone may not.

3. 3

   Match each role to the right instrument

   Where Michigan mandates a specific channel — fingerprint, a named registry, an agency portal — use that channel for that role. Use a broad multi-source check as the baseline for everyone else.

4. 4

   Collect consent correctly the first time

   FCRA requires a standalone written disclosure and a separate written authorization. Bundling either into a volunteer application or a waiver is the single most common compliance defect, and it is the one plaintiffs' lawyers look for.

5. 5

   Run the check, then follow adverse action if anything surfaces

   Pre-adverse notice with a copy of the report and a summary of rights, a reasonable window to dispute, then the final notice. Build the waiting period into your start dates rather than discovering it under pressure.

6. 6

   Set a re-screen interval and let it run

   A clearance describes the day it was run. Most organizations use one to two years; some insurers require annual for roles with unsupervised access to children.

Operating across a Michigan border?

Volunteers are generally governed by the state where they serve. If your programs cross a line, these are the neighbors you are most likely to need.