5 PROPOSED ADMINISTRATIVE RULES

 

ORR # 2004-005

 

FAMILY INDEPENDENCE AGENCY DIRECTOR’S OFFICE

LICENSING RULES FOR FAMILY AND GROUP CHILD CARE HOMES

 

Filed with the Secretary of State on These rules take effect on

 

(By authority conferred on the director of the Family Independence Agency by Section 427 of 1965 PA 380, Section 2233 of 1978 PA 368, Executive Reorganization Order Nos. 1996-1, 1996-2 and 2003-18,

MCL 16.527, 333.2233, 330.3101, 445.2001 and 445.2011.)

 

January 21, 2005

 

R 400.1801, R 400.1802, R 400.1803, R 400.1804, R 400.1805, R 400.1806, R 400.1807, R 400.1808, R

400.1809, R 400.1810, R 400.1811, R 400.1812, R 400.1813, R 400.1814, R 400.1815, R 400.1816, R

400.1817, R 400.1818, R 400.1821, R 400.1822, R 400.1831, R 400.1832, R 400.1833, R 400.1834, R

400.1835, R 400.1841, R 400.1842, and R 400.1851 of the Michigan Administrative Code are rescinded, and R 400.1901, R 400.1902, R 400.1903, R 400.1904, R 400.1905, R 400.1906, R 400.1907,

R 400.1908, R 400.1909, R 400.1910, R 400.1911, R 400.1912, R 400.1913, R 400.1914, R 400.1915, R

400.1916, R 400.1917, R 400.1918, R 400.1919, R 400.1920, R 400.1921, R 400.1922, R 400.1923, R

400.1924, R 400.1931, R 400.1932, R 400.1933, R 400.1934, R 400.1935, R 400.1936, R 400.1941, R

400.1942, R 400.1943, R 400.1944, R 400.1945, R 400.1951, R 400.1952, R 400.1961, R 400.1962, R

400.1963, R 400.1971 are added to the Code as follows:

 

PART 1. GENERAL PROVISIONS

 

R 400.1801 Definitions. Rescinded.

Rule 1. (1) As used in these rules

(a) “Act” means Act No. 116 of the Public Acts of 1973, as amended, being §722.111 et seq. of the Michigan Compiled Laws.

(b) “Approved” means having been reviewed and accepted by a designated inspecting authority or an agency that has jurisdiction.

(c) “Assistant caregiver” means a person who is under the supervision of the caregiver and who provides direct care, supervision, and protection to children in care.

(d)“Caregiver” means a family day-care home registrant or group day-care home licensee who lives in the home and whose duties include direct care, supervision, and the protection of children in care.

(e) “Care-giving staff” means the caregiver and any assistant caregiver.

(f)“Child passenger restraint device” means a device which is used to restrain a child who weighs 40 pounds or less, which meets the requirements of federal motor vehicle safety standard no. 213 entitled “Child Seating Systems,” 49 C.F.R. §471.213, 1984, which performs satisfactorily in a dynamic test, and which is appropriate for the size and physical condition of the child being transported.

 

 

(g) “Day-care home family” means all persons living, on an ongoing or intermittent basis, in the family  or group day-care home.

(h) “Field trip” means an excursion, trip, or program activity that requires the use of vehicles or public transportation.

(i) “Fire alarm” means a device that is used to alert all persons in the home of fire conditions. The device shall be heard in all parts of the home that are used by children and care-giving staff.

(j) “Foster child” means a person who resides in a foster home, who was placed there by a placing agent,  who is not living with a parent or legal guardian, who is less than 18 years of age or becomes 18 years   of age while residing in the foster home and continues to reside in the foster home as a dependent adult, and who is not related to an adult member of the foster family by blood, adoption, or marriage.

(k) “Means of egress” means the entire route of leaving rooms from the home to open air away from the home to ground level.

(l) “Parent” means a child’s natural or adoptive parent who is legally responsible for the child or means  the child’s legal guardian.

(m) “Safety belt” means a lap belt or lap or shoulder belt combination that is designed to restrain and protect a passenger or driver of a vehicle from injury.

(n) “Transportation” means the taking of children by means of a vehicle to or from a family or group  day-care home and to and from all other activities planned by or through the family or group daycare home.

(o) “Vehicle” means an automobile, truck, van, or mini-motor home that transports persons upon a highway.

(2) Terms defined in the act have the same meanings when used in these rules.

 

R 400.1802 Care-giving staff and day-care home family; qualifications and responsibilities. Rescinded. Rule 2. (1) A caregiver shall comply with all of the following provisions:

(a) Be 18 years of age or older.

(b) Be responsible for providing appropriate care and supervision of children at all times.

(c) Be present in the home and provide direct care and supervision to each child for the majority of time the child is in care.

(d)Have an arrangement with a person who is 18 years of age or older to assist as a care-giving staff  person in an emergency situation.

(e) Provide the department with the name of any person who lives in the home or who cares for children and who has been convicted of a crime other than a minor traffic violation or who has been involved in substantiated abuse or neglect of children.

(f)Provide the department with a written statement verifying a person’s personal fitness to care for, or to be associated with, children for any person who lives in a home or who cares for children and who has  been treated on an inpatient or outpatient basis for an emotional or mental problem during the last 2  years. Such statement shall be obtained from the medical or mental health professional who is directly involved in the treatment plan or the administrative director of the mental hospital or mental institution.  (g) A current license or certificate of registration shall be posted in a conspicuous place.

(2) An assistant caregiver shall be 14 years of age or older. When a 14 or 15-year-old person is used as an assistant caregiver, a parent of an enrolling child or a parent of a child in care shall be informed of the age of the assistant caregiver.

(3) A care-giving staff member shall be of responsible character and shall be suitable and able to meet the needs of children and provide for their care, supervision, and protection.

(4) A caregiver or assistant caregiver who is 18 years of age or older shall be present in the home at all times when children are in care.

 

 

(5) When day-care children are up and awake, care-giving staff shall be up and awake providing adequate supervision and care as required by this rule and R 400.1803.

(6) The day-care home family shall be of good moral character and be suitable to assure the welfare of  children.

(7) The day-care home applicant, registrant, or licensee shall authorize the department to conduct a criminal history and protective service background check to assess the good moral character and suitability of the day care home family.

 

R 400.1803 Ratio of care-giving staff to children. Rescinded.

Rule 3. (1) The ratio of care-giving staff to children present in the home at any one time shall be not less  than 1 care-giving staff member to 6 children. The ratio shall include all unrelated children in care and any of the following children who are less than 7 years of age:

(a) Children of the assistant caregiver. (b) Children of the caregiver.

(c) Children related to any adult member of the day-care home family by blood, marriage, or adoption.  (2) Within any group of 5 or 6 children in the care of a caregiver, not more than 4 children shall be under the age of 30 months, with not more than 2 of the 4 children under the age of 18 months.

(3) A group home may have 3 caregivers, each of whom would have responsibility for not more than 4  children under the age of 30 months, with not more than 2 of the 4 children under the age of 18 months.  (4) Subrules (2) and (3) of this rule take effect 6 months after the effective date of these rules.

 

R 400.1804 Discipline and child handling. Rescinded.

Rule 4. (1) A caregiver shall review with a parent the methods of child handling and discipline to be  used with children in care. This policy shall not include any child handling or disciplinary methods that are prohibited by law or these rules. This policy shall be in writing and provided to all parents of children in care. The provider shall keep a signed statement on file which states that a parent has  received a copy of the policy.

(2) All of the following methods of handling children in care are prohibited.

(a) Physical force or any other form of corporal punishment, including spanking.  (b) Restricting a child’s movement by binding or tying him or her.

(c) Using mental or emotional cruelty as a means to discipline a child.  (d) Withholding necessary food, rest, or toilet use.

(e) Confining a child in an area such as a closet or locked room.

(3) Moderate restraint may be used to prevent a child from harming himself or herself, to prevent a child from harming other persons or property, or to allow a child to gain control of himself or herself.

(4) This rule is not subject to a rule variance as specified in R400.1818.

 

R 400.1805 Daily activity program. Rescinded.

Rule 5. (1) A caregiver shall review the child’s daily needs and activities, including toilet training, with a parent or parents.

(2) A caregiver shall provide a daily routine and activities in accordance with the age and needs of the individual child, including all of the following:

(a) Active and quiet play.

(b) Indoor and outdoor play as weather permits. (c) Rest or sleep, or both.

(3) A home shall permit parents or legal guardians to visit at any time children are in care. R 400.1806 Play equipment; sleeping accommodations; telephone access. Rescinded.

 

 

Rule 6. (1) A variety and number of toys, games, and other play equipment shall be available to the child and shall be safe and appropriate for a child at his or her stage of development.

(2) Each child shall have an individual, comfortable, safe, and clean place to sleep or rest. The floor shall be used only when padded, warm, and free from drafts.

(3) A child who is 12 months of age or younger shall sleep or rest in a crib or playpen.  (4) A working telephone shall be accessible on the premises.

 

R 400.1807 Parent notification of accidents, illness, or disease required; isolation; sanitation. Rescinded.

Rule 7. (1) A caregiver shall promptly report to a parent any accidents, suspected illness, or other changes observed in the health of a child.

(2) A caregiver shall notify a parent of a child who is exposed to a communicable disease so that the child may be observed for symptoms of the disease.

(3) A care-giving staff member shall isolate a child who is too ill to remain in the group in an area where the child can be supervised and made as comfortable as possible.

(4) Bedding that is used by an ill individual shall be laundered. Toys, utensils, a toilet, and a lavatory used by an ill individual shall be appropriately cleaned before being used by another child.

 

R 400.1808 Reports of accident illness, death, or fire. Rescinded.

Rule 8. (1) Within 24 hours of the accident or illness which results in emergency treatment or hospitalization at a health facility or which results in a death, a caregiver shall report, to the department, any accident or serious illness that occurs while a child is in care.

(2) Within 24 hours after the occurrence of a fire which results in the loss of property or personal injury, a caregiver shall report, to the department, any such fire that occurs in a home.

 

R 400.1809 Health records of children in care. Rescinded.

Rule 9. At the time of initial attendance, a caregiver shall obtain a health record for each child in care. The record shall contain all of the following:

(a) Written permission, signed by a parent, to seek emergency medical care.

(b) A statement, signed by a parent, that the child is free from communicable diseases.

(c) Information as to the immunization and boosters, if any, completed or in progress as recommended  by the department of public health.

(d)For a child with a handicap or health problem, a statement signed by a parent that indicates the limits  of participation in the daily activities that would be a risk to the child’s health and any special needs or treatment.

(e) A child whose parent, on religious grounds, objects to seeking emergency medical care, a physical examination, medical treatment or immunizations may be admitted to the home if the parent provides  the home with a signed statement that the child appears to be in good health and that the parent assumes  responsibility for the child’s state of health while at the home, with the understanding that the parent be notified immediately when any treatment appears necessary.

 

R 400.1810 Medication; administrative procedures. Rescinded.

Rule 10. If medication is to be administered by a caregiver or assistant caregiver, all of the following procedures shall be followed:

(a) Medication shall be given or applied only with prior written permission from a parent.

(b) Medication shall be in the original container, stored according to instructions, and clearly labeled for a named child.

 

 

(c) A caregiver shall keep the medication out of the reach of children and shall return the medication to the child’s parent or destroy it when the parent determines it is no longer needed.

(d)A caregiver shall give or apply the medication according to instructions provided.

(e) A caregiver shall maintain a record as to the time and the amount of medication given or applied.

 

R 400.1811 Communicable disease; exclusion of care-giving staff and day-care home family from contact with children required. Rescinded.

Rule 11. A person who lives in a home or cares for children who has a suspected or a confirmed case of  an communicable disease shall not come into contact with children in care.

 

R 400.1812 Health records of care-giving staff and day-care home family; record maintenance. Rescinded.

Rule 12. (1) A caregiver shall maintain a record that contains both of the following items:

(a) For each care-giving staff member, a statement which is signed by a licensed physician or his or her designee and which attests to the health of the staff member. The statement shall be signed within the  12-month period before care giving and every 3 years thereafter.

(b) For all care-giving staff, and for other persons who are 14 years of age or older and who live in the home, written evidence of freedom from communicable tuberculosis that is verified within 1 year before caregiving and every 3 years thereafter.

(2) If immunizations, as recommended by the department of public health, have not been given or  completed for all minor children who live in the home, a caregiver shall so inform the parent of each child in care.

(3) A caregiver shall, for a period of 3 years, retain the records required by subrule (1) of this rule and the name, address, and telephone number of all persons who provided child care in the home.

 

R 400.1813 Record maintenance; provision of rules to parents required. Rescinded.

Rule 13. (1) A caregiver shall obtain all of the following information at the time of a child’s initial attendance:

(a) The child’s full name, date of birth, date of admission, and date of discharge.  (b) The name of a parent or parents.

(c) The home address and telephone number of parent.

(d)The parent’s or parents’ business address, telephone number, and hours of employment.

(e) The name, address, and telephone number of the family physician or clinic and hospital preferred by  the parent in an emergency.

(f)The name, address, and telephone number of another person to be notified in case of emergency.  (g) Health insurance identification information.

(h) The names of persons, other than a parent, to whom the child may be released.

(i) A child whose parent objects, on religious grounds, to providing physician, clinic, hospital, or health insurance information may be admitted to the home if the parent assumes responsibility for the

child’s state of health while at the home.

(2) The information specified in subrule (1) of this rule shall be retained for 3 years.

(3) A caregiver shall give each parent who places a child in a day-care home a copy of the family or group day-care home rules as furnished by the department. A caregiver shall maintain verification that each parent has received a copy of the rules.

 

R 400.1814 Indoor and outdoor space. Rescinded.

Rule 14. (1) A day-care home shall provide not less than 35 square feet per child of usable, accessible indoor floor space, exclusive of bathrooms and storage areas.

 

 

(2) Only space that is approved for child used by the department may be used for child care.

(3) There shall not be more than 2 contiguous floors used by day-care children when only 1 caregiver is present.

(4) A day-care home shall provide an outdoor play area which is not less than 400 square feet and which is available on the premises or within a reasonable walking distance of the home.

 

R 400.1815 Nighttime care. Rescinded.

Rule 15. (1) In a home where children are in care between the hours of 12 midnight and 6 a.m., not more than 2 floor levels shall be used at any one time to sleep children. These 2 floor levels shall be adjoining.  (2) When both care-giving staff and day-care children sleep, at least 1 care-giving staff member shall sleep on the same floor level when there are children in care.

(3) Homes shall not use a third or higher floor as a resting or sleeping area for children in care unless  there are 2 stairways to ground level.

 

R 400.1816 Concurrent licensing. Rescinded.

Rule 16. (1) A day-care home provider who is also licensed as a children’s foster home provider shall so  inform the parents of all day-care children in care.

(2) A day-care home that provides care for both child day care and foster care children shall not care for  more than 8 children, including children who are under 17 years of age and who are related to the daycare provider by blood, marriage, adoption, or legal guardianship; foster children; and all other children who are cared for on a part-time or full-time basis.

 

R 400.1817 Advertising; inclusion of license or registration number. Rescinded.

Rule 17. A day-care home that advertises its services shall include its license or registration number in the notice.

 

R 400.1818 Rule variance. Rescinded.

Rule 18. (1) Upon written request of an applicant or registrant, the department may grant a variance from an administrative rule if the alternative proposed provides clear and convincing evidence that the health, welfare, and safety of children is protected.

(2) The decision of the department shall be entered upon the records of the department and a signed copy shall be sent to the applicant or registrant. A variance may remain in effect for as long as the registrant continues to comply with the conditions of the variance or may be time-limited.

 

PART 2. ENVIRONMENT

 

R 400.1821 Food. Rescinded.

Rule 21. (1) Each child shall be provided with nutritional food to meet each child’s needs for growth   and development. Foods shall be provided so that excessively long periods between meals and snacks do  not occur.

(2) Food shall be prepared and stored in a safe manner.

(3) If a parent has agreed to provide the food, the caregiver shall have a written agreement from the parent and shall be responsible for providing adequate food if the parent does not.

(4) When home-canned foods and unpasteurized milk products are served, parents shall be informed.

 

R 400.1822 Home maintenance and safety; ventilation; bathroom facilities; water supply; sewage disposal. Rescinded.

 

 

Rule 22. (1) The structure, premises, and furnishings of a day-care home shall be maintained in a clean, safe, and comfortable condition.

(2) All dangerous and hazardous materials or items shall be stored securely and out of the reach of  children.

(3) All steps, stairs, porches, and elevated structures to which children in care have access shall be protected to prevent falls.

(4) Each room that is used by a day-care child shall have adequate ventilation. Windows and doors that are used for ventilation shall be screened.

(5) A day-care home shall have a minimum of 1 flush toilet and 1 washbasin with hot and cold running water.

(6) The water supply shall be from an approved source.

(7) All sewage shall be disposed of through a public system or, in the absence thereof, in a manner approved by the health authority.

 

PART 3. FIRE SAFETY

 

R 400.1831 Heat-producing equipment. Rescinded.

Rule 31. (1) All of the following items shall be maintained in a safe condition and shielded to protect against burns:

(a) A furnace.

(b) A water heater. (c) Fireplaces.

(d)Pipes.

(e) Woodburning stoves.

(f)Other flame-producing or heat-producing equipment.

(2) Combustible materials and equipment shall not be stored within 4 feet of heat plants or combustible hot water heaters.

(3) Portable heating devices shall not be used when day-care children are in care.

(4) Furnaces or other flame or heat-producing equipment shall be inspected by any of the following entities:

(a) A licensed heating contractor. (b) A qualified fire inspector.

(c) An insurance company.  (d) The department of labor. (e) A local building inspector.

(5) For group day-care homes, the inspection specified in subrule (4) of this rule shall be conducted before a license is issued and every 2 years thereafter at the time of renewal. For family day-care homes,  the inspection specified in subrule (4) of this rule shall be conducted before the 90-day on-site visit and every 3 years thereafter at the time of renewal.

 

R 400.1832 Electrical service; maintenance. Rescinded.

Rule 32. The electrical service of a day-care home shall be maintained in a safe condition.

 

R 400.1833 Exits; location and maintenance; use of certain space for child care prohibited. Rescinded. Rule 33. (1) There shall be 2 exits in each day-care home from each floor level used by children. The exits shall be remote from each other. At least 1 exit from each floor level shall provide a direct, safe means of unobstructed travel to the outside at street or ground level.

(2) A window may be used as a second exit if it is in compliance with all of the following provisions:

 

 

(a) Is accessible to children and caregivers. (b) Is clearly identified.

(c) Can be readily opened.

(d)Is of a size and design to allow for the evacuation of children and caregivers.

(3) A room or space, including an attic, that is accessible only by a ladder or folding stairway or through a trapdoor shall not be used by children in care.

(4) When children in care occupy a level of a home that is above the second floor, the building shall be of 1-hour-fire-resistive construction and shall have 2 stairways to ground level. At least 1 of the required stairways and all other vertical openings shall be enclosed by, at a minimum, 1-hour-fire-resistive construction to provide a protected means of egress direct to the outside at ground level.

 

R 400.1834 Smoke detectors; fire extinguishers. Rescinded.

Rule 34. At least 1 single-station smoke detector that is approved by a nationally recognized testing laboratory shall be installed and maintained as follows:

(a) On each floor of the home, including the basement.

(b) Where a sleeping or resting area exists on a floor, that floor level’s smoke detector shall be installed between the sleeping area and the rest of that floor.

(c) Heat detectors may be utilized in kitchens.

(d)A home shall have at least 1 functioning multipurpose fire extinguisher, with a rating of not less than  2A-10BC, properly mounted on each floor that is used by children in care.

 

R 400.1835 Establishment of evacuation and care plan required. Rescinded.

Rule 35 (1) A written plan for the evacuation and care of children shall be established and posted for  each of the following emergencies:

(a) Fire.

(b) Tornado.

(c) Serious accident or injury.

(2) A caregiver shall inform each assistant caregiver and emergency person of the overall evacuation plan and of his or her individual duties and responsibilities in the event of an emergency specified in subrule (1) of this rule.

(3) Fire and tornado drill programs shall be established and practiced. Fire drills shall be practiced at least once every 3 months and tornado drills shall be practiced during tornado season.

(4) A written record shall be kept of all drills.

(5) A bell, whistle, or horn shall be provided as a fire alarm and shall not be used for any other purpose. PART 4. TRANSPORTATION: FIELD TRIPS

R 400.1841 Transportation. Rescinded.

Rule 41. (1) A vehicle used to transport children in care shall be maintained in a good, safe working  condition.

(2) Each child passenger restraint device and each safety belt shall be installed, anchored, and used according to the manufacturer’s specifications and shall be maintained in a safe working condition.

(3) The transportation of all children shall be conducted in accordance with existing state law. All other  persons, including children over the age of 4, shall be properly restrained by safety belts.

 

R 400.1842 Field trips, parent permission and notification required. Rescinded.

Rule 42. At the time of a child’s initial attendance or before each field trip, a caregiver shall obtain, and keep on file, written permission from a child’s parent for the child’s participation in field trips.

 

 

 

PART 5. TRAINING

 

R 400.1851 Training. Rescinded.

Rule 51. With respect to day-care homes, a caregiver shall comply with all of the following provisions: (a) A family day-care home caregiver shall have completed, or shall complete within 3 years of being registered or from the effective date of these rules, first aid training and infant and child cardiopulmonary resuscitation.

(b) A group day-care home caregiver shall have completed, or shall complete within 2 years of being licensed or from the effective date of these rules, 20 clock hours of training related to caring for  children. The 20 clock hours of training shall include first aid training, infant and child cardiopulmonary resuscitation, and not less than 8 hours in the area of child development. Training hours may include participation in any of the following:

(i) Sessions offered by community groups, churches, and day-care home associations. (ii) Conferences on early childhood or child development.

(iii) Workshops and courses offered by local or intermediate school districts, colleges, and universities. (c) Keep on file verification of his or her participation in the required training.

 

R 400.1901 Definitions.

Rule 1. (1) As used in these rules:

"Act" means 1973 PA 116, MCL 722.111.

"Approved" means having been reviewed and accepted by a designated inspecting authority or an agency that has jurisdiction.

“Assistant caregiver” means a person or family member who is under the supervision of the caregiver and who provides direct care, supervision, and protection to children in care.

“Caregiver” means the family child care home registrant or group child care home licensee who provides direct care, supervision, and protection of children in care.

"Child care home family" means all persons, including minors, living, on an ongoing or intermittent basis, in the family or group child care home.

"Child passenger restraint device" means a device that is used to restrain a child weighing 50 pounds or less that meets the requirements of federal motor vehicle safety standard no. 213, child seating systems, 49 C.F.R. 571, which is hereby adopted by reference.

"Child-use space" means the rooms and floor levels of the home approved by the department for child care.

"Combustible" means materials that will ignite and burn when subjected to a fire or excessive heat. "Department" means the family independence agency that is the organizational unit of Michigan government responsible for the enforcement of these rules.

"Field trip" means children and caregiver/assistant caregiver leaving the child care family or group home premises for an excursion, trip, or program activity.

"Fire alarm" means a device that is used to alert all persons in the home of fire conditions. The device shall be heard in all parts of the home that are used by children.

"Foster child" means a person who resides in a foster home, who was placed in the foster home by a placing agent, who is not living with a parent or legal guardian, who is less than 18 years of age or becomes 18 years of age while residing in the foster home and continues to reside in the foster home as a dependent adult, and who is not related to an adult member of the foster family by blood, adoption, or marriage.

"Heat detector" means a single or multiple station alarm responsive to heat.

 

 

"Licensee” means an adult who lives in the licensed home and has been issued a license to operate a group child care home for up to 12 unrelated children.

"Means of egress" means the exit route from any point in the home to the outside at ground level. "Minor" means a person less than 18 years of age.

"Nonprescription medication" means any over-the-counter medication that may be orally ingested or applied to the skin, including, but not limited, to aspirin, acetaminophen, cold and flu medicines, mosquito repellants, antiseptics, ointments, powders, and diaper rash products.

"Parent" means a child's natural or adoptive parent who is legally responsible for the child or means the child's legal guardian.

"Premises" means the location of the day care home wherein the registrant/licensee and family reside and includes the attached yard, garage, basement, and any other outbuildings.

“Registrant” means an adult who lives in the registered home and has been issued a certificate of registration to operate a family child care home for up to 6 unrelated children.

"Related" means a parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, great aunt, great uncle, or step-grandparent related to the registrant or licensee by marriage, blood, or adoption. Cousins include those related to the registrant or licensee by marriage, blood, or adoption within the second degree of consanguinity (up to and including second cousins).

"Safety belt" means an automobile lap belt or lap-shoulder belt combination designed to restrain and protect a passenger or driver of a vehicle from injury.

"Transportation" means the taking of children by means of a vehicle to or from a family or group child care home and to and from all other activities planned by or through the family or group child care home.

"Vehicle" means an automobile, truck, or van that transports persons upon a highway.

 

R 400.1902 Registrant/licensee and child care home family.

Rule 2. (1) An applicant shall meet all of the following provisions:

(a)    Be 18 years of age or older.

(b)    Have a high school diploma, general educational development (GED) certificate, or equivalent. This subdivision applies only to applicants registered/licensed after the effective date of these rules.

(c)    Reside in the child care home.

(d)    Have proof of valid infant/child/adult cardiopulmonary resuscitation (CPR) and first aid training.

(e)    Attend an orientation provided by the department.

(2)  An applicant or the registrant/licensee shall be of responsible character and shall be suitable and able to meet the needs of children and provide for their care, supervision, and protection, and do both of the following:

(a)    Be emotionally, mentally, and physically fit to care for children.

(b)    Provide adequate auditory and visual supervision of children.

(3)  All persons, including minors, residing in the child care home shall be of good moral character and be suitable to assure the welfare of children.

 

R 400.1903 Registrant/licensee responsibilities.

Rule 3. (1) A registrant/licensee shall be responsible for all of the following provisions:

(a)    Be present in the home on a daily basis and provide direct care and supervision to each child for the majority of time the child is in care, except for any of the following circumstances:

(i)    Recognized early childhood training and education, not to exceed 1 class that meets during the hours the day care home operates, or attendance at an early childhood professional development seminar or conference.

 

 

(ii)    Vacation or personal leave, during days of operation, shall not exceed 20 days within a calendar year.

(iii)    Medical treatment and subsequent recovery.

(b)    The exceptions in subrule (1)(a) of this rule do not include other part-time or full-time employment that occurs during the hours of operation of the day care home.

(c)    Provide an adult assistant caregiver who meets the qualifications of the registrant/licensee and acts in that capacity when the registrant/licensee is unable or unavailable to provide direct care.

(d)   Shall inform parents/legal guardians when an assistant caregiver is providing care in the absence of the registrant/licensee.

(e)    Maintain a record of the dates of registrant/licensee absences and the full names, addresses and telephone numbers of the assistant caregivers. These records shall be maintained for a minimum of 4 years after the last date of the person’s involvement with the day care home.

(f)    Have a written and signed agreement with a responsible person who is 18 years of age or older to provide care and supervision for children during an emergency situation.

(g)    Post the current license or certificate of registration in a conspicuous place.

(h)  Report to the department, within 7 working days, any changes in the household composition or when any new or existing member of the household has any of the following:

(i)    Arrests or convictions.

(ii)    Involvement in substantiated abuse or neglect of children.

(iii)    Court-supervised parole or probation of the registrant/licensee or any member of the household.

(iv)   Been admitted to, or released from, a correctional facility, a facility, hospital, or an institution for the treatment of an emotional, mental, or substance abuse problem.

(i)    Provide the department with a written statement verifying a person's personal fitness to care for, or to be associated with, children for any person who lives in a home or who cares for children and who has been treated on an inpatient or outpatient basis for an emotional, mental, or substance abuse problem during the last 2 years. Such statement shall be obtained from the medical or mental health professional who is directly involved in the treatment plan or the administrative director of the mental hospital or mental institution.

(j)    Shall report to children's protective services within 24 hours any suspected child abuse or neglect.

(2)  The registrant/licensee shall assure that a child is released only to persons authorized by the parent/legal guardian.

(3)  The registrant/licensee shall permit parents or legal guardians of enrolled children to visit anytime during hours of operation.

(4)  The registrant/licensee shall cooperate with the department in connection with an inspection or investigation. Cooperation shall include, but not be limited to, both of the following:

(a)    Provide access to the assistant caregivers, all records, and materials, to enable the department to conduct a thorough investigation.

(b)    Information provided to the department shall be accurate and truthful.

(5)  The registrant/licensee shall assure that all assistant caregivers shall be of good moral character and be suitable to assure the welfare of children.

(6)  The registrant/licensee shall have present at all times a caregiver/assistant caregiver who is at least 18 years of age or older.

(7)  The registrant/licensee shall have present at all times at least 1 person who can accurately comprehend all of the following information:

(a)    In child care home rules, 1973 PA 116, MCL 722.111, and any additional licensing division communications.

(b)    On child information cards.

(c)    In written directions about the child’s care.

 

 

(d)    On food, cleaning, and chemical labels that can impact a child’s well-being.

(e)    On written medication directions for any given child.

(f)    Needed to effectively implement emergency procedures.

(8)   The registrant/licensee shall authorize the department to conduct a criminal history and protective service background check to assess the good moral character and suitability of the child care home family.

(9)   The registrant/licensee shall assure that smoking does not occur in the day care home and on the premises while children are in care.

(10)   The registrant/licensee shall notify parents if smoking occurs in the home and on the premises when children are not in care.

 

R 400.1904 Assistant caregivers.

Rule 4. (1) An assistant caregiver shall meet all of the following requirements:

(a)    Be 14 years of age or older.

(b)    An assistant caregiver under 18 years of age shall always work under the supervision of the registrant/licensee or adult assistant caregiver at the site where care is being provided.

(c)    Have proof of valid infant/child/adult CPR and first aid training.

(d)    Be of responsible character, suitable, and able to meet the needs of children and provide for their care, supervision, and protection. "Able to meet the needs of children" includes, but is not limited to, the following:

(i)    Being emotionally, mentally, and physically fit to meet the developmental and safety needs of children.

(ii)    Providing adequate auditory and visual supervision of children.

(2) An assistant caregiver, 18 years of age or older, may substitute for the registrant/licensee in accordance with R 400.1903(1)(c).

 

R 400.1905 Training.

Rule 5. (1) The registrant/licensee shall complete not less than 10 clock hours of training each year related to child development, program planning, and administrative management for a child care business, not including CPR and first aid training.

(2)   Each assistant caregiver shall complete not less than 5 clock hours of training each year related to child development and caring for children, not including CPR and first aid training.

(3)   The registrant/licensee shall assure that assistant caregivers for children under 36 months of age have training that includes information regarding sudden infant death syndrome and shaken baby syndrome.

(4)   Training hours may include participation in any of the following:

(a)    Sessions offered by community groups, faith-based organizations, and child care home associations.

(b)    Trainings, workshops, seminars, and conferences on early childhood, child development or child care administration, and practices offered by early childhood organizations.

(c)    Workshops and courses offered by local or intermediate school districts, colleges, and universities.

(5)   Verification of participation in the required training, signed by the trainer or an authorized individual, shall be kept on file.

(6)   CPR and first aid training shall be maintained in the following manner:

(a)    Each year for CPR.

(b)    Every 36 months for first aid.

 

R 400.1906 Records of caregiver/assistant caregiver and child care home family; record maintenance. Rule 6. (1) The registrant/licensee shall maintain a file for each caregiver and assistant caregiver including all of the following:

(a)    The name, address, and telephone number.

 

 

(b)    A statement signed by a licensed physician or his or her designee and which attests to the individual's health. The statement shall be signed within 1 year before the issuance of the certificate of registration or initial license and at the time of subsequent renewals.

(c)    Written evidence of freedom from communicable tuberculosis (TB) that is verified within 1 year before the issuance of the certificate of registration or initial license.

(d)    Training records, as defined in R 400.1905(5).

(e)    A statement signed by the assistant caregiver that he or she does not have a criminal history.

(f)    Documentation from the family independence agency that the assistant caregiver has not been involved in substantiated child abuse or neglect.

(g)    A written statement signed and dated by the assistant caregiver at the time of hiring indicating all of the following information:

(i)    The individual is aware that abuse and neglect of children is unlawful.

(ii)    The individual knows that he or she is mandated by law to report child abuse and neglect.

(iii)    The individual has received a copy of the discipline policy.

(2)  Child care home family members 14 years of age or older shall have written evidence of freedom from communicable TB.

(3)  If immunizations, as recommended by the department of community health, have not been given or completed for all minors who live in the home, then the registrant/licensee shall inform the parent/legal guardian of each child in care and all assistant caregivers.

(4)   The records in this rule shall be retained for a minimum of 4 years.

 

R 400.1907 Children’s records.

Rule 7. (1) At the time of initial attendance, the registrant/licensee shall obtain the following documents:

(a)    A completed child information card on a form provided by the department or a comparable substitute approved by the department.

(b)    A child in care statement/receipt using a form provided by the department and signed by the parent/legal guardian certifying the following:

(i)    Receipt of a written discipline policy.

(ii)    Condition of the child's health.

(iii)    Receipt of a copy of the family and group child care home rules.

(iv)    Agreement as to who will provide food for the child.

(v)    Acknowledgement that the assistant caregiver is 14 to 17 years of age, if applicable.

(vi)    Acknowledgement that firearms are on the premises, if applicable.

(c)    Documentation that immunizations and boosters, as recommended by the department of community health, are any of the following:

(i)    Have been completed.

(ii)    Are in progress.

(iii)    The parent/legal guardian has signed a waiver stating immunizations are not being administered due to religious, medical, or other reasons and has sent the waiver to the department of community health.

(d)   If a parent/legal guardian objects to a physical examination or medical treatment on religious grounds, then the parent/legal guardian shall provide a signed statement that the child is in good health and that the parent/legal guardian assumes responsibility for the child's state of health while in care.

(2)  Records in subrule (1) of this rule shall be reviewed and updated annually or when information changes.

(3)  Daily attendance records of children in care shall be maintained and shall include the child's name and the time of arrival and departure.

 

 

(4)  Children’s records required by the department shall be accessible and stored in a location known to all assistant caregivers.

(5)   The records in this rule shall be retained for a minimum of 4 years.

 

R 400.1908 Capacity.

Rule 8. (1) The family child care registrant shall assure that the actual number of unrelated children in care at any 1 time does not exceed the number of children for which the home is registered, not to exceed a total of 6.

(2)  The group child care licensee shall assure that the actual number of unrelated children in care at any 1 time does not exceed the number of children for which the home is licensed, not to exceed a total of 12.

(3)   This rule is not subject to the variance specified in R 400.1963.

 

R 400.1909 Concurrent licensing.

Rule 9. (1) The registrant/licensee who is concurrently licensed as a children's foster home provider shall so inform the parents/legal guardians of the children in care.

(2)  The registrant/licensee who provides care for both child care and foster care children shall not care for more than 8 children, including all of the following:

(a)    Children who are under 17 years of age and who are related to the registrant/licensee by blood, marriage, adoption, or legal guardianship.

(b)    The capacity of foster children identified on the foster care license.

(c)    All other children who are cared for on a part-time or full-time basis.

(3)   The registrant/licensee shall notify the department when applying for a foster care license.

 

R 400.1910 Ratio of caregivers/assistant caregivers to children.

Rule 10. (1) The ratio of caregivers/assistant caregivers to children present in the home at any 1 time shall be not less than 1 caregiver/assistant caregiver to 6 children. The ratio shall include all unrelated children in care and any of the following children who are less than 7 years of age:

(a)    Children of the registrant/licensee.

(b)    Children of the assistant caregiver.

(c)    Children related to any member of the child care home family by blood, marriage, or adoption.

(2) For each caregiver/assistant caregiver, not more than 4 children shall be under the age of 30 months, with not more than 2 of the 4 children under the age of 18 months.

 

R 400.1911 Supervision.

Rule 11. (1) The registrant/licensee shall assure appropriate care and supervision of children at all times.

(2)  A caregiver shall be present in the home at all times when children are in care.

(3)  A caregiver shall be up and awake at all times when children are in care except as provided in R 400.1922(2) of these rules.

(4)   A caregiver shall always be on the same floor level as the children.

(a)    If a caregiver determines that a child is capable of using a bathroom without assistance, then a child may go to an adjoining floor to use bathroom facilities.

(5)  A caregiver shall know the location of each child at all times and be able to see or hear the children without interference except as provided in subrule (4) of this rule.

(6)   A caregiver shall never leave a child unattended or with a minor in a vehicle.

(7)  A caregiver shall at all times directly supervise children who are engaged in water activities or are near collections or bodies of water.

 

 

 

R 400.1912 Infant supervision and sleeping.

Rule 12. (1) Infants shall be placed on their backs for resting and sleeping in accordance with the recommendations of the american academy of pediatrics.

(2)  Infants unable to roll from their stomachs to their backs, and from their backs to their stomachs, when found facedown, shall be placed on their backs.

(3)  If infants can easily turn over from their backs to their stomachs, then they shall be initially placed on their backs, but allowed to adopt whatever position they prefer for sleeping.

(4)  For an infant who cannot rest or sleep on her/his back due to disability or illness, the caregiver shall have written instructions, signed by a physician, detailing an alternative safe sleep position and/or other special sleeping arrangements for the infant. The caregiver/assistant caregiver shall rest/sleep children in accordance with a physician's written instructions.

(5)  A caregiver/assistant caregiver shall maintain supervision and frequently monitor infants' breathing, sleep position, bedding, and possible signs of distress except as provided in R 400.1922.

(6)  Video surveillance equipment and baby monitors shall not be used in place of subrule (5) of this rule.

 

R 400.1913 Discipline and child handling.

Rule 13. (1) The registrant/licensee shall develop and have on file a written policy regarding the discipline of children.

(2)  Developmentally appropriate positive methods of discipline which encourage self-control, self- direction, self-esteem, and cooperation shall be used.

(3)   The registrant/licensee shall not do any of the following:

(a)    Hit, spank, shake, bite, pinch, or inflict other forms of corporal punishment.

(b)    Restrict a child's movement by binding or tying him or her.

(c)    Inflict mental or emotional stress, such as humiliating, shaming, threatening a child, or using derogatory remarks.

(d)    Deprive a child of meals, snacks, rest, or necessary toilet use.

(e)    Confine a child in an enclosed area such as a closet, locked room, box, or similar cubicle.

(4)  Non-severe and developmentally appropriate discipline or restraint may be used when reasonably necessary to prevent a child from harming himself or herself, or to prevent a child from harming other persons or property, or to allow a child to gain control of himself or herself excluding those forms of punishment prohibited by subrule (3) of this rule.

(5)   This rule is not subject to the variance specified in R 400.1963.

 

R 400.1914 Daily activity program.

Rule 14. (1) A caregiver and assistant caregiver shall engage in frequent positive interactions with children.

(a)    For infants and toddlers, interactions may include, but not be limited to, the following:

(i)     Providing frequent nurturing contact, such as talking to, smiling, holding, rocking, cuddling, and giving eye contact throughout the day and during daily routines such as feeding and diapering.

(ii)    Promptly responding to a child's cries and other signs of distress.

(2)   The registrant/licensee shall plan daily activities so that each child may do the following:

(a)    Have opportunities to feel successful and feel good about himself or herself and develop independence.

(b)    Develop and use language.

(c)    Develop and use large and small muscles.

(d)    Use materials and take part in activities which encourage creativity.

 

 

(e)    Learn new ideas and skills.

(f)    Participate in imaginative play.

(g)    Rest or sleep, or both.

(3)   All of the following developmentally appropriate opportunities shall be provided daily:

(a)    A balance of active and quiet play, group, and individual activities.

(b)    Indoor and outdoor play, except during inclement or extreme weather, or unless otherwise ordered by a health care provider.

(c)    Early language and literacy experiences throughout the day accumulating for not less than 30 minutes.

(d)    Early math and science experiences.

(4)   Television, video tapes, and movies shall be limited to not more than 2 hours per day and to programs designed for children’s education and/or enjoyment. Other activities shall be available to children during television/movie viewing.

(5)   Programs/movies with violent or adult content, including soap operas, shall not be permitted while children are in care.

(6)   The use of electronic devices and computers by children in care shall be suitable to the age of the child in terms of content and length of use.

(7)   The registrant/licensee shall, for children with special needs, work with the parents/legal guardians, medical personnel, and/or other relevant professionals to provide care in accordance with the child's identified needs and learning supports.

 

R 400.1915 Indoor space; play equipment and materials.

Rule 15. (1) A child care home shall provide not less than 35 square feet per child of safe, usable, accessible indoor floor space, not including bathrooms and storage areas.

(2)   Only space that has received prior approval for child use by the department may be used for child care.

(3)   A variety and number of easily accessible activity choices shall be available to the child, shall be safe and appropriate for a child at his or her stage of development, and shall be based on the licensed/ registered number of children. All of the following apply to activity choices available:

(a)    Materials may include, books, art supplies, blocks and accessories, large muscle equipment, manipulative toys, musical equipment, and dramatic play materials.

(b)    All materials and equipment shall be kept clean and free of hazards.

(c)    Toys and other play equipment soiled by secretion or excretion shall be cleaned with soap and water, rinsed and sanitized before being used by a child.

(4)   The caregiver shall not use any equipment, materials, and furnishings recalled or identified by the

U.S. Consumer Product Safety Commission (http://www.cpsc.gov/) as being hazardous.

(5)   All children shall be protected from materials that could be swallowed and/or present a choking hazard. Toys or objects with removable parts less than 1¼ inches in diameter and less than 2¼ inches in length, as well as balls smaller than 1¾ inches in diameter are prohibited for children under 3 years of age.

(6)   Trampolines shall not be used indoors by children in care.

 

R 400.1916 Bedding and sleeping equipment.

Rule 16. (1) All bedding and equipment shall be in accordance with U.S. Consumer Product Safety Commission (http://www.cpsc.gov/) standards as approved for the age of the child using the equipment and shall be clean, comfortable, safe, and in good repair.

(2)   All bedding and sleeping equipment shall be cleaned and sanitized before being used by another person.

 

 

(3)   All bedding used by children shall be washed when soiled or weekly at a minimum.

(4)  All cribs or porta-cribs shall be equipped with a firm, tight-fitting mattress with a waterproof, washable covering, as recommended and approved by the U.S. Consumer Product Safety Commission.

(5)  Infants, birth to 12 months of age, shall rest or sleep alone in an approved crib or porta-crib. A crib shall have all of the following:

(a)    A firm, tight-fitting mattress.

(b)    No loose, missing, or broken hardware or slats.

(c)    Not more than 2 3/8" between the slats.

(d)    No corner posts over 1/16" high.

(e)    No cutout designs in the headboard or footboard.

(5)  A tightly fitted bottom sheet shall cover a firm mattress with no additional padding placed between the sheet and mattress.

(6)   The infant's head shall remain uncovered during sleep.

(7)  Soft objects, bumper pads, stuffed toys, blankets, and other objects that could smother a child shall not be placed with or under a resting or sleeping infant.

(8)   Blankets shall not be draped over cribs or porta-cribs.

(9)  Children 12 to 24 months of age shall rest or sleep alone in an approved crib, porta-crib, or on a cot or mat sufficient for the child’s length, size, and movement.

(10)  Infant car seats, infant seats, infant swings, bassinets, highchairs, waterbeds, adult beds, soft mattresses, sofas, beanbags, or other soft surfaces are not approved sleeping equipment for children 24 months of age or younger.

(11)  Children 24 months or younger who fall asleep in a space that is not approved for sleeping shall be moved to approved sleeping equipment appropriate for their size and age.

(12)  Children over 24 months of age shall have an individual, age appropriate, clean, comfortable and safe place to sleep or rest. The floor shall be used only when padded, warm, and free from drafts and when there is a mat, sleeping bag, blanket, or similar piece of bedding between the floor and the child.

(13)   If nighttime care is provided, then children shall sleep in age appropriate cribs and beds.

 

R 400.1917 Telephone.

Rule 17. A working land-line telephone, not including a cordless or cell phone, shall be accessible and available during child care hours. Cordless or cell phones may be used in addition to the telephone.

 

R 400.1918 Medication; administrative procedures.

Rule 18. (1) If medication, prescription and nonprescription, is to be administered to a child in care, the following procedures shall be followed:

(a)    Medication shall be given to a child by the registrant/licensee or an adult assistant caregiver.

(b)    Prescription and nonprescription medication shall be given or applied only with prior written permission from a parent/legal guardian.

(c)    Medication shall be in the original container, stored according to instructions, and clearly labeled for a named child.

(d)   Medication shall be kept out of the reach of children and shall be returned to the child's parent/legal guardian when the parent/legal guardian determines it is no longer needed or when it has expired.

(e)    Prescription medication may be given to a child only with the written order of a physician, which may include the label on the medication, indicating that the medicine is for the specific child and the dosage, number of times per day, and number of days the medication is to be administered.

(f)    A caregiver shall not give or apply any medication contrary to the directions on the original container unless authorized by a written order of the child's physician.

 

 

(g)      If topical nonprescription medication is used, including, but not limited, to sunscreen, insect repellant, and diaper rash ointment, then written parent/legal guardian authorization shall be given at least annually.

(h)    A caregiver shall maintain a record as to the date, time, and the amount of all medication given or applied on a form provided by the department or a comparable substitute approved by the department.

(2) The records required in this rule shall be retained for a minimum of 4 years.

 

R 400.1919 Communicable disease.

Rule 19. A person who lives in a home or cares for children who has a suspected or a confirmed case of a communicable disease shall not come into contact with children in care.

 

R 400.1920 Outdoor play area and equipment.

Rule 20. (1) A day care home shall provide a clean, safe, and hazard free outdoor play area, on the premises or within a reasonable walking distance of the home.

(2)  The play area size shall be the following:

(a)    Not less than 400 square feet for a family child care home.

(b)    Not less than 600 square feet for a group child care home.

(3)  A child care home shall provide an adequate and varied supply of outdoor play equipment, materials, and furniture, that is all of the following:

(a)    Appropriate to the developmental needs and interests of children.

(b)    Appropriate to the number of children.

(c)    Safe and in good repair.

(4)   The outdoor play area and equipment shall be organized in the following manner:

(a)    To separate active and quiet activities.

(b)    For a clear and unobstructed view of the whole play area.

(c)    To assure that there are safe distances between equipment.

(5)   Swings, climbers and other elevated play equipment shall be all of the following:

(a)    Placed over sand or other loose-filled, impact-absorbing material in depths according to the height of the piece of equipment as outlined by the U.S. Consumer Product Safety Commission's current Handbook for Public Playground Safety, which is adopted by reference in these rules. A copy may be obtained at no charge on the internet at http://www.cpsc.gov/.

(b)    Have the loose-filled, impact-absorbing material as required in subrule (5)(a) of these rules that extends a minimum of 6 feet in all directions from the perimeter of the equipment.

(c)    Not be placed over concrete, asphalt, or a similar surface, such as hard-packed dirt or grass.

(d)    Be securely anchored, with anchors protected from exposure.

(e)    Be safe, in good repair, and age-appropriate.

(f)      Be placed at least 6 feet from the perimeter of other play structures or obstacles.

(6)   Trampolines shall not be used outdoors by children in care.

(7)  Children in care shall not be permitted to ride all terrain vehicles, motor bikes, go-carts, and similar recreational motor vehicles.

(8)  Outdoor play areas approved prior to the effective date of these rules shall have 1 year to comply with subrule (5) of this rule.

 

R 400.1921 Water hazards and water activities.

Rule 21. (1) The registrant/licensee shall ensure that barriers exist to prevent children from gaining access to any swimming pool, drainage ditch, well, natural or constructed pond or other body of open water located on or adjacent to the property where the child care home is located. Such barriers shall be

 

 

of a minimum of 4 feet in height and appropriately secured to prevent children from gaining access to such areas.

(2)   Spa pools, hot tubs, and fill-and-drain wading pools shall not be used when children are in care.

(3)   Hot tubs and spas, whether indoors or outdoors, shall be inaccessible to children in care and have a locked hard cover.

(4)   Before use of a residential pool or any other body of water by children in care, a registrant/licensee shall assure that the water is clean, safe, and sanitary, and the children will be appropriately and adequately supervised.

(5)   Public swimming areas may be used only if a lifeguard is present.

(6)   If there are 2 groups of children, 1 group in the water and 1 group out of the water, then the adult/child ratios, as required in R 400.1910, shall be maintained for each group, with the exception that the in-the-water adult/child ratio for children under 3 years of age shall be 1-to-1 at all times.

(7)   Rescue equipment shall be readily accessible at all times.

(8)   A working telephone shall be immediately accessible in the water activity area.

(9)   Before each outdoor water activity at a pool, lake, or other body of water, a caregiver shall obtain, and keep on file, written permission from a child's parent/legal guardian for the child's participation in the activity.

(10)   If a pool or other body of water is used by children in care, the emergency plan in R 400.1945 shall include procedures for water emergencies.

 

R 400.1922 Nighttime care.

Rule 22. (1) In a home where children are in care between the hours of midnight and 6 a.m., not more than 2 adjoining floor levels shall be used at any 1 time to sleep children.

(2)   If the registrant/licensee, assistant caregiver, and children in care are sleeping, then at least 1 caregiver/assistant caregiver shall be on the same floor level as the sleeping children.

(3)   Homes shall not use a third or higher floor as a resting or sleeping area for children in care unless there are 2 stairways to ground level.

 

R 400.1923 Diapering and toilet learning.

Rule 23. (1) Diapering of infants and toddlers shall only occur in a designated changing area.

(2)   The designated changing area shall comply with all of the following:

(a)    Be used exclusively for changing wet or soiled diapers or underwear.

(b)    Be located away from food preparation and meal service areas.

(c)    Be located within close proximity to a hand washing sink that is not used for food preparation.

(d)    Have a nonabsorbent, easily sanitized surface with a changing pad between the child and the surface.

(e)    Be cleaned and sanitized after each use.

(f)    Have diapering/changing supplies within easy reach.

(g)    Have a plastic-lined, tightly covered container exclusively for disposable diapers and diapering supplies that shall be emptied and sanitized at the end of each day.

(3)   Diapers or training pants shall be checked frequently and changed when wet or soiled.

(4)   Only single use disposable wipes or other single use cleaning cloths shall be used to clean a child during the diapering or toileting process.

(5)   If cloth diapers/training pants are provided by the parent/legal guardian, then soiled diapers/training pants shall be placed in an individual, securely tied plastic bag and returned to the parent at the end of the day.

(6)   Toilet learning shall be planned cooperatively between the parent/legal guardian and the registrant/licensee so that the toilet routine established is consistent.

 

 

(7)  If toilet learning equipment, such as potty chairs and modified toilet seats, are used, the following shall apply:

(a)    They shall be able to be easily cleaned and sanitized.

(b)    Potty chairs shall be emptied, rinsed, and sanitized after each use.

(8)  Disposable gloves used for diapering shall only be used once for a specific child and be removed and disposed of in a safe and sanitary manner immediately after each diaper change.

 

R 400.1924 Hand washing.

Rule 24. (1) All caregivers/assistant caregivers shall wash their hands appropriately and in the following manner:

(a)    Before and after all of the following:

(i)    Preparing and serving food, eating, and feeding.

(ii)    Giving medication.

(b)    After all of the following:

(i)    Diapering.

(ii)    Using the toilet or helping a child use the toilet.

(iii)    Handling bodily fluids, such as mucus, blood, vomit, from sneezing, wiping, and blowing noses, from mouths, or from sores.

(iv)    Handling animals and pets.

(v)    Cleaning or handling garbage.

(2)   Caregivers/assistant caregivers shall assure that children wash their hands at the following times:

(a)    Before and after meals, snacks, or food preparation experiences.

(b)    After toileting or diapering.

(c)    After contact with any bodily fluids.

(d)    After playing in sand or water.

(e)    After handling animals and pets.

(f)    When soiled.

(3)   Hand sanitizers and wipes are not acceptable substitutes for washing hands.

 

R 400.1931 Food preparation and service.

Rule 31. (1) Each child shall be provided with nutritional and sufficient food as required by the child and adult food program guidelines, as adopted by reference in these rules, unless parents/legal guardians provide the food.

(2)  Children shall be offered food at intervals as individually appropriate, but not to exceed more than 4 hours unless the child is asleep.

(3)   Drinking water shall be available at all times.

(4)   Food shall be prepared, served, and stored in a safe and sanitary manner.

(a)    Food served to children individually or family style shall be discarded at the end of the meal if not eaten.

(b)    Prepared food that has not been served to individuals or placed in family-style containers shall be promptly covered after preparation, refrigerated, and used within 24 hours.

(c)    Infants and toddlers shall not be served or allowed to eat foods that may easily cause choking including, but not limited to, popcorn and uncut round foods such as whole grapes, seeds, nuts and hard candy.

(5)  If a parent/legal guardian has agreed to provide the food, then the registrant/licensee shall have a written agreement from the parent/legal guardian and shall be responsible for providing adequate food if the parent/legal guardian does not.

 

 

(6)  Food brought by parents/legal guardians shall be labeled with the child's name and, if perishable, shall be refrigerated.

(7)   If home canned or home frozen foods are served, then parents/legal guardians shall be informed.

(8)   Unpasteurized products shall not be used.

(9)  Children shall be encouraged to taste new foods, but shall not be required to eat anything they do not want.

(10)   Bottles used for feeding shall be labeled with the child's name and date and refrigerated.

(11)  The contents of a bottle that has been used for feeding for a period that exceeds 1 hour from the beginning of the feeding, or has been unrefrigerated for 1 hour or more shall be discarded.

(12)  Children shall not have bottles of milk or juice while they are in bed or while they are walking around or playing.

(13)  All eating and cooking utensils must be washed, rinsed, sanitized, and air-dried or washed in a dishwasher with chlorinated soap.

 

R 400.1932 Home maintenance and safety.

Rule 32. (1) The structure, premises, and furnishings of a child care home shall be in good repair and maintained in a clean, safe, and comfortable condition.

(2)  All dangerous and hazardous materials or items shall be stored securely and out of the reach of children.

(3)  All steps, stairs, porches, and elevated structures to which children in care have access shall be protected to prevent falls and shall be free of ice and snow accumulation.

(4)   Three or more steps, or a total rise of 24 inches or more, shall require a handrail.

(5)   Parents/legal guardians shall be notified before pesticide or fertilizer treatments.

(6)  There shall be no flaking or deteriorating paint on interior and exterior surfaces, equipment, and toys accessible to children.

(7)   Open-flame devices or candles shall not be used, except for religious celebrations.

 

R 400.1933 Water supply; sewage disposal; water temperature. Rule 33. (1) The water supply shall be from an approved source.

(2)  All sewage shall be disposed of through a public system or, in the absence thereof, in a manner approved by the environmental health authority.

(3)  A child care home shall have a minimum of 1 flush toilet and 1 handwashing sink with hot and cold running water.

(4)  Hot water temperature shall not exceed 120 degrees Fahrenheit at water faucets accessible to children.

(5)   A mixing valve is required when separate hot and cold water faucets are accessible to children.

 

R 400.1934 Heating; ventilation; lighting.

Rule 34. (1) Each room that is used by children in care shall have adequate ventilation and be maintained at a safe and comfortable temperature so that children do not become overheated, chilled, or cold.

(a)    The temperature shall be not less than 65 degrees Fahrenheit at a point 2 feet above the floor.

(b)    Measures shall be taken to cool the children when the temperature exceeds 82 degrees Fahrenheit.

(2)  Windows and doors that are used for ventilation shall be screened and in good repair.

(3)  A carbon monoxide detector, bearing a safety certification mark of a recognized testing laboratory such as UL (Underwriters Laboratories) or ETL (Electrotechnical Laboratory), shall be placed on all levels approved for child care.

 

 

(4)  A basement shall be tested for radon gases before the basement is approved for child use. Documentation of the results shall be kept on file in the home.

(5)   All child use areas shall have adequate natural and/or artificial lighting.

 

R 400.1935 Firearms.

Rule 35. (1) All firearms shall be unloaded and properly stored in a secure, safe, locked environment inaccessible to children. A secure locked environment shall include a commercially available locked firearms cabinet, gun safe, trigger lock that prevents discharge, or other locking firearm device.

(2)   Ammunition shall be stored in a separate locked location inaccessible to children.

(3)   Firearms shall not be traded or sold on the premises.

 

R 400.1936 Animals and pets.

Rule 36. (1) Parents/legal guardians shall be notified of the animals and pets in the home before the enrollment of the child.

(2)  Animals and pets that are potentially aggressive or in poor health shall be separated from children in care at all times.

(3)  Children having contact with animals and pets shall be supervised by a caregiver/assistant caregiver who is close enough to remove a child immediately if the animal shows signs of distress or the child shows signs of treating the animal inappropriately.

(4)  All animals and pets, other than dogs or cats, are prohibited in child-use space unless they are kept in a container or glass tank where a child cannot touch the animals or reach inside the container or glass tank.

(5)  Animals and pets shall not be allowed in food preparation and eating areas during meal or snack time.

(6)   Litter boxes, pet food and dishes, and pet toys shall be inaccessible to children.

 

R 400.1941 Heat-producing equipment.

Rule 41. (1) All flame-producing and heat-producing equipment, including, but not limited to the following shall be maintained in a safe condition and shielded to protect against burns:

(a)    A furnace.

(b)    A water heater.

(c)    A fireplace.

(d)    A radiator and pipes.

(e)    Wood burning equipment.

(2)  Combustible materials and equipment shall not be stored within 4 feet of furnaces, other flame or heat-producing equipment, or fuel-fired water heaters.

(3)   Portable heating devices shall not be used when children are in care.

(4)  Furnaces, other flame or heat-producing equipment used to heat the home, and fuel-fired water heaters shall be inspected by any of the following entities:

(a)    A licensed mechanical contractor.

(b)    The department of labor and economic growth, bureau of construction codes and fire safety.

(c)    A local mechanical inspector.

(5)  For group child care homes, the inspection specified in subrule (4) of this rule shall be conducted before the initial license issuance and every 2 years thereafter at the time of license renewal.

(6)  For family child care homes, the inspection specified in subrule (4) of this rule shall be conducted before the issuance of the certificate of registration and every 3 years thereafter at the time of renewal.

 

R 400.1942 Electrical service; maintenance.

 

 

Rule 42. (1) The electrical service of a child care home shall be maintained in a safe condition. If warranted, an electrical inspection by an electrical inspecting authority may be required.

(2)  All electrical outlets accessible to children shall have safety covers.

(3)   Electrical cords shall be arranged so they are not hazards to children.

(4)  All electrical outlets in approved child use space located within 6 feet of a sink or other water source shall have a ground-fault circuit-interrupter.

 

R 400.1943 Exit and escape requirements for each floor level used by children.

Rule 43. (1) All child care homes shall have at least 2 remotely located exits for every floor level occupied by children.

(2)  At least 1 exit from each floor level shall provide a direct, safe means of unobstructed travel to the outside at street or ground level.

(3)   A window may be used as a second exit if it complies with all of the following provisions:

(a)    Is accessible to children and caregivers.

(b)    Is clearly identified.

(c)    Can be readily opened.

(d)    Is of a size and design to allow for the evacuation of all children and caregivers/assistant caregivers.

(4)  If a level of a home that is above the second floor is used for children in care, then the building shall be of 1-hour-fire-resistive construction and shall have 2 stairways to ground level. At least 1 of the required stairways and all other vertical openings shall be enclosed by, at a minimum, 1-hour-fire- resistive construction to provide a protected means of egress direct to the outside at ground level.

(5)   All exits shall be unobstructed and accessible at all times.

(6)   The means of egress shall be illuminated at all times that children are in care.

(7)  No door in a means of egress shall be locked against egress when children are in care. All locking devices that impede or prohibit exiting or that cannot be easily disengaged shall be prohibited.

(8)  Bathroom door hardware shall be designed to allow opening from the outside during an emergency if locked.

(9)   All closet door latches shall be such that children can open the door from inside the closet.

(10)  A room or space, including an attic, that is accessible only by a ladder or folding stairway or through a trapdoor shall not be used by children in care.

(11)  Steps and platforms used to access a basement window exit shall be permanently secured to the wall or floor. Ladders shall not be used as a means for exiting. Those homes registered or licensed before the effective date of these rules shall have 1 year to comply.

(12)  An emergency escape window to the outside is required for basements approved for child use after the effective date of these rules. The following provisions shall apply:

(a)    The window shall be not less than 20 inches wide and 24 inches high.

(b)    The bottom of the opening shall be less than 44 inches above the floor.

(c)    If the sill height is below grade, then it shall open into a window well with at least 9 square feet of area, 3 feet in length and width. If the well depth is over 44 inches, then it shall have approved steps.

 

R 400.1944 Smoke detectors; fire extinguishers.

Rule 44. (1) Operable smoke detectors approved by a nationally recognized testing laboratory shall be installed and maintained on each floor of the home, including the basement, and in all sleeping areas and bedrooms used by children in care.

(2)  Heat detectors may be utilized in kitchens.

(3)  A home shall have at least 1 functioning multipurpose fire extinguisher, with a rating of 2A-10BC, 3A-15BC, or larger, properly mounted not higher than 5 feet from the floor to the top of the fire extinguisher, on each floor level that is used by children in care.

 

 

 

R 400.1945 Fire; tornado; serious accident and injury plans.

Rule 45. (1) A written plan for the care of children shall be established and posted for each of the following emergencies:

(a)    Fire evacuation.

(b)    Tornado watches and warnings.

(c)    Serious accident or injury.

(d)    Water emergencies, if applicable.

(2)   A registrant/licensee shall inform each assistant caregiver and emergency person of the overall evacuation plan and of his or her individual duties and responsibilities in the event of an emergency specified in subrule (1) of this rule.

(3)   Fire drills shall be practiced at least once a month and a written record that includes the date and time it takes to evacuate shall be maintained.

(4)   Tornado drills shall be practiced once a month, April to October, and a written record that includes the date shall be maintained.

(5)   Smoke detectors shall be used as the alarm for fire drills.

(6)   The records required in this rule shall be retained for a minimum of 4 years.

 

R 400.1951 Transportation.

Rule 51. (1) A vehicle used to transport children in care shall be maintained in a good, safe working condition.

(2)   Registrant/licensee shall assure that the driver of a vehicle transporting children shall be an adult, have a valid driver license, and proof of no fault insurance.

(3)   Registrant/licensee shall notify the parents/legal guardians when drivers other than caregiving staff are used to transport children.

(4)   Each child passenger restraint device and each safety belt shall be installed, anchored, and used according to the manufacturer's specifications and shall be maintained in a safe working condition.

(5)   The transportation of all children shall be conducted in accordance with existing state law.

(6)   All persons, including the driver, shall be properly restrained in the vehicle. Children shall be appropriately secured and restrained in the back seat of the vehicle if a shoulder and lap belt restraint is available, according to the following requirements:

(a)    Infants less than 12 months of age and who weigh less than 20 pounds shall ride in rear-facing safety seats.

(b)    Children over 12 months of age and who weigh 20 to 40 pounds shall ride in forward-facing safety seats.

(c)    Children who are under 8 years of age or under 4 feet 9 inches shall ride in booster seats.

(d)    Children over 8 years of age or over 4 feet 9 inches shall use lap and shoulder belts if they fit correctly.

(7)   Drivers shall be provided with a copy of the child information card, or comparable facsimile, for the children being transported in their vehicles.

(8)   The driver of each vehicle transporting children shall carry in the vehicle, and be familiar with, contents of a first aid kit. The first aid kit, excluding antiseptics and ointments, shall contain, at a minimum, all of the following:

(a)    Adhesive tape.

(b)    Bandages (assorted sizes).

(c)    Cold pack.

(d)    Disposable gloves

(e)    Gauze pads and roller gauze (assorted sizes).

 

 

(f)    Hand sanitizer.

(g)    Plastic bags.

(h)    Scissors and tweezers.

(i)    Triangular bandage.

 

R 400.1952 Parent/legal guardian permission and notification required; child information cards when off-premises.

Rule 52 (1) The registrant/licensee shall obtain and keep on file written permission from a child's parent/legal guardian before each time children are transported in a vehicle for a field trip or for any other reason.

(2)  If the registrant/licensee routinely transports children to and from school, then written parent/legal guardian permission shall be given at least annually.

(3)  The registrant/licensee shall obtain written permission at the time of initial enrollment of a child to go on field trips not involving a vehicle that includes, but is not limited to, walking to a park or in the neighborhood.

(4)  The registrant/licensee shall have a copy of each child's information card and a first aid kit accessible at all times when children leave the premises.

 

R 400.1961 Parent/legal guardian notification of incidents, accidents, illness, or disease required; isolation; sanitation.

Rule 61. (1) A caregiver/assistant caregiver shall promptly report to a parent/legal guardian any incidents, accidents, suspected illness, or other changes observed in the health of a child.

(2)  A caregiver/assistant caregiver shall notify a parent/legal guardian of a child who is exposed to a communicable disease so that the child may be observed for symptoms of the disease.

(3)  A caregiver/assistant caregiver shall isolate a child who is too ill to remain in the group in an area where the child can be supervised and made as comfortable as possible.

(4)  Bedding, toys, utensils, toilets, and lavatories used by an ill individual shall be appropriately cleaned and sanitized before being used by another person.

 

R 400.1962 Department notification of injury, accident, illness, death, or fire.

Rule 62. (1) The registrant/licensee shall make a verbal report to the department within 24 hours of a serious injury, accident, illness, or medical condition of a child, occurring while a child is in care, which results in emergency medical treatment or hospitalization at a health facility, or which results in a death.

(2)  The registrant/licensee shall submit a written report, to the department, in a format provided by the department within 72 hours of the incident.

(3)  The registrant/licensee shall report to the department within 24 hours after the occurrence of a fire in the registered or licensed home which results in the loss of property or personal injury.

 

R 400.1963 Rule variance.

Rule 63. (1) Upon written request of an applicant or registrant/licensee, the department may grant a variance from an administrative rule if the alternative proposed provides clear and convincing evidence that the health, welfare, and safety of children is protected.

(2)  The decision of the department shall be entered upon the records of the department and a signed copy shall be sent to the applicant or registrant/licensee. A variance may remain in effect for as long as the registrant/licensee continues to comply with the conditions of the variance or may be time-limited.

 

R 400.1971 Rescission.

Rule 71. Rule 400.1801 to R 400.1851 of the Michigan Administrative Code, are rescinded.