Section 400.8110. Licensee.

Rule 110. (1) The licensee shall do all of the following:

(a)   Be of good moral character as defined in 1974 PA 381, MCL 338.41 to 338.47.

(b)   Be suitable to meet the needs of children.

(c)    Comply with section 5c of 1973 PA 116, MCL 722.115c, requirements for a Michigan department of state police criminal history record check, a criminal records check through the federal bureau of investigation, and a department of human services check for a history of substantiated abuse and neglect.

(d)  Be responsible for compliance with 1973 PA 116, MCL 722.111 to 722.128, and the rules promulgated under the act.

(e)     Report to the department within 3 business days after any arraignment as indicated in section 5e of 1973 PA 116, MCL 722.115e, and any subsequent conviction.

(2)    The licensee shall have the administrative capability to operate the center in order to provide the services and facilities that are conducive to the welfare of children.

(3)   The following shall be in a place accessible and visible to parents:

(a)   The current license and if applicable, the letter extending the license beyond the expiration date.

(b)   A copy of the current child care center administrative rules and a copy of any variances granted.

(c)   A notice stating that the center requires a criminal history check on its employees and whether the center requires a criminal history check on its volunteers.

(4)   There shall be a licensing notebook on the premises which includes all licensing inspection and special investigation reports and related corrective action plans since May 28, 2010 and a summary sheet outlining the documents contained in the notebook. The notebook shall be made available to parents and prospective parents at all times during the center’s normal hours of operation.

(5)   The actual number and ages of children in care at any time shall never exceed the number and ages of children for which the center is licensed.

(6)   A child shall only be released to persons authorized by the parent.

(7)   A child shall be released to either parent unless a court order prohibits release to a particular parent. A copy of the order prohibiting release shall be kept on file at the center.

(8)   Within 5 business days, the licensee shall notify the department of the separation of a program director or a central administrator approved by R 400.8113(16) and a plan for replacement of the program director or central administrator.

(9)     The licensee shall cooperate with any state or local department or agency inspections or investigations related to the child care license by both of the following:

(a)   Providing access to all relevant records, materials, and staff.

(b)   Assuring information provided is accurate and truthful.

(10)    Written approval from the department shall be obtained before making any changes in the terms of the license, including but not limited to, adding use space, changing age groups served, changing program components, changing the capacity of the center, or making changes to a room or well-defined space that will result in a change in capacity of the room or well-defined space.

(11)   The records required by 1973 PA 116, MCL 722.111 to 722.128, and the rules promulgated under the act must be retained and made available to the department upon request for 2 years, except the following:

(a)    The name, address, and telephone number for each child enrolled and each employee for at least 2 years after he/she has left the center.

(b)   Staff and volunteer health records as required by R 400.8128 and documentation of qualifications shall be retained until that person has left the center.

(c)    The licensing notebook shall be maintained and retained until the license is closed.

(12)   Smoking shall not occur in or during either of the following:

(a)   In the child care center or on real property that is under the control of the center and upon which the center is located.

(b)   On field trips and in vehicles when children are present.

History: 2013 AACS.