Section 400.1903. Caregiver responsibilities.

Rule 3. (1) A caregiver 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 for the majority of time children are in care, except for any of the following circumstances:

(i)    When the child care home is in  operation,   vacation  or   personal leave shall not exceed 20 days within a calendar year.

(ii)    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 child care home.

(c)    Provide an adult assistant caregiver with valid CPR and first aid to act as the caregiver when the caregiver  is  unable    or    unavailable    to provide direct care.

(d)     Shall inform parents when an assistant caregiver is providing care in the absence of the caregiver.

(e)    Maintain a record of the dates of caregiver absences. These records shall be maintained for a minimum of 4 years.

(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 caregiver or any member of the household.

(iv)    Been admitted to, or released from, a correctional facility, or hospital, institution, or facility 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 immediately report  to  children's  protective   services  any suspected child abuse or neglect.

(2)    The caregiver shall assure that a child  is  released  only  to persons authorized by the parent.

(3)    The caregiver shall permit parents of enrolled  children  to  visit anytime during hours of operation.

(4)     The caregiver 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)    To enable the department   to  conduct  a   thorough   investigation, provide access to the assistant caregivers, all records, and materials.

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

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

(6)     The caregiver 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.

(7)    The caregiver 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.

(8)   The caregiver shall do both of the following:

(a)    Assure that smoking does not occur in the child care home and on the premises while children are in care.

(b)     Conspicuously post on the premises a notice  stating  that  smoking is prohibited on the premises during child care hours.

(9)    The caregiver shall notify parents if smoking occurs in   the   child care home and on the premises when children are not in care.

History: 2005 AACS; 2009 AACS.