LICENSING AND REGULATORY AFFAIRS  
BUREAU OF COMMUNITY AND HEALTH SYSTEMS  
LICENSING FAMILY AND GROUP CHILD CARE HOMES  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by section 2 of the child care organizations act, 1973 PA 116, as amended, MCL  
722.112, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2004-4, and  
2015-1, MCL 330.3101, 445.2001, 445.2011, 400.226, and 400.227)  
R 400.1901 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Act" means 1973 PA 116, MCL 722.111 to 722.128.  
(b) "Adult" means a person 18 years of age and older.  
(c) “Applicant means an individual who applies for a license to operate a family  
or group child care home.  
(d) "Basement" means a story of a building or structure having ½ or more of its  
clear height below average grade for at least 50% of the perimeter.  
(e) “Child care assistant” means an individual who is 14 to 17 years of age, who  
participates in child care activities in a family or group child care home, and who shall  
not have unsupervised access to or provide unsupervised care or supervision of children.  
(f) “Child care background check system” means the database maintained by the  
department to document comprehensive background checks and eligibility  
determinations, pursuant to section 5n of the act, MCL 722.115n.  
(g) “Child care home” means a family child care home and a group child care  
home.  
(h) “Child care staff member” means that term as defined in section 1(a) of the act,  
MCL 722.111(a).  
(i) "Child passenger restraint device" means a device that is used to restrain, seat, or  
position a child weighing 65 pounds or less that meets the requirements of federal motor  
vehicle safety standard No. 213, child restraint systems, 49 CFR 571.213 (2019), which is  
hereby adopted by reference.  
(j) "Child-use space" means the rooms and floor levels of the home approved by  
the department for child care.  
(k) Cleaned” means washed vigorously with soap and water and rinsed with clean  
water.  
(l) "Combustible" means materials that will ignite and burn when subjected to a  
fire or excessive heat.  
(m) “Comprehensive background check” means a department review of an  
individual as required in sections 5n and 5q of the act, MCL 722.115n and 722.115q.  
(n) “Conducive to the welfare of children” means that term as defined in section  
5m(13)(b) of the act, MCL 722.115m(13)(b).  
Page 1  
(o) “Continuously employed child care staff member” and continuously connected  
adult household member” means an individual who has not been disconnected for more  
than 180 days from the child care background check system and has continuously resided  
in Michigan for the immediately preceding 5-year period, as required in sections 5n(15)  
and 5n(16) of the act, MCL 722.115n(15) and 722.115n(16).  
(p) “Conviction” means that term as defined in section 1(i) of the act, MCL  
722.111(i).  
(q) “Criminal history check” means that term as defined in section 1(j) of the act,  
MCL 722.111(j).  
(r) "Department" means the department of licensing and regulatory affairs.  
(s) “Eligible” means that term as defined in section 1(m) of the act, MCL  
722.111(m).  
(t) “Family child care home” means that term as defined in section 1(o)(iii) of the  
act, MCL 722.111(o)(iii).  
(u) "Field trip" means children and personnel leaving the child care home premises  
for an excursion, trip, or program activity.  
(v) "Fire alarm" means a device that is used to alert all persons in the home of fire  
conditions. The device must be heard in all parts of the home that are approved for use  
by children.  
(w) "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.  
(x) “Group child care home” means that term as defined in section 1(o)(iv) of the  
act, MCL 722.111(o)(iv).  
(y ) "Heat detector" means a single or multiple station alarm responsive to heat.  
(z) Ineligible” means that term as defined in section 1(n) of the act, MCL  
722.111(n).  
(aa) "Licensee" means that term as defined in section 1(q) of the act, MCL  
722.111(q).  
(bb) "Means of egress" means the exit route from any point in the home to the  
outside at ground level.  
(cc) “Member of the household” means that term as defined in section 1(s) of the  
act, MCL 722.111(s).  
(dd) "Minor" means a person less than 18 years of age.  
(ee) “MiRegistry” is the electronic data system for child care providers to verify  
and track employment, training, and educational accomplishments, which is maintained  
by the department of education. MiRegistry offers a statewide calendar of online and  
classroom training opportunities.  
MiRegistry can be accessed online at  
(ff) "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.  
(gg) “Nighttime care” means child care provided between midnight to 5:00 a.m.  
Page 2  
(hh) "Parent" means a child's natural or adoptive parent who is legally responsible  
for the child or the child's legal guardian.  
(ii) “Permanently resides” means the address is the individual’s primary residence  
and his or her presence in the home is not contingent upon caring for children.  
(jj) “Personnel” means a licensee, child care staff member, and child care assistant.  
(kk) "Premises" means the location of the child care home where the licensee and  
family reside and includes the attached yard, garage, basement, non-child use space, and  
any other outbuildings.  
(ll) "Related" means that term as defined in section 1(y) of the act, MCL  
722.111(y).  
(mm) “Routine transportation” means regularly scheduled travel on the same day  
of the week, at the same time, to the same destination. Any deviation is non-routine  
transportation.  
(nn) "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.  
(oo) Sanitizedmeans to wipe or spray the surface with a sanitizing solution, let  
the surface air dry or wipe dry after two minutes, or according to the manufacturer’s  
directions, with a single service towel.  
(pp) “Serious injury” means that term as defined in section 2b of 1973 PA 116,  
MCL 722.112b.  
(qq) "Smoke detector" means a device that detects visible or invisible particles of  
combustion.  
(rr) “Supervised volunteer” means an individual who is 16 years of age or older,  
provides services for a child care home that are not compensated, and who is supervised  
at all times when children are in care.  
(ss) "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.  
(tt) “Unsupervised volunteer” means an individual who is 18 years of age or older,  
provides services for a child care home that are not compensated, and who has been  
determined eligible by the department to be unsupervised with children.  
(uu) "Vehicle" means an automobile, truck, or van that transports persons upon a  
highway.  
(vv) “Water activities” mean activities in residential pools, lakes, ponds, or other  
bodies of water. Water activities do not include water play activities such as water table  
play, slip and slide activities, wading pools, or playing in sprinklers.  
(2) A term defined in the act has the same meaning when used in these rules.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
Editor's Note: An obvious error in R 400.1901 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the  
correction was published in Michigan Register, 2020 MR 1.  
R 400.1902 Applicant; licensee; requirements.  
Page 3  
Rule 2. (1) An applicant and a licensee shall meet all of the following  
requirements:  
(a) Be 18 years of age or older.  
(b) Have a high school diploma, general educational development (GED)  
certificate, or approved training track and hours for child care home providers through  
MiRegistry.  
(c) Permanently reside in the child care home as a member of the household.  
(d) Have proof of certification in both of the following:  
(i) Infant, child, and adult cardiopulmonary resuscitation (CPR).  
(ii) First aid.  
(e) Have documentation of completed training in both of the following:  
(i) Recognition and reporting of child abuse and neglect.  
(ii) Prevention and control of infectious disease, including immunizations.  
(f) Attend an orientation provided by the department.  
(2) An applicant or 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.  
(3) All persons, including minors, residing in the child care home shall meet all of  
the following requirements:  
(a) Be suitable to meet the needs of children.  
(b) Be able to ensure that services and facilities are conducive to the welfare of  
children.  
(c) Act in a manner that is conducive to the welfare of children.  
(d) Demonstrate a willingness and ability to comply with the act and these rules.  
(4) The applicant and licensee shall submit all required information and reports  
using the specified forms, which are available on the child care licensing division’s  
Michigan Department of Licensing and Regulatory Affairs, Bureau of Community and  
Health Systems, Child Care Licensing Division, 611 W Ottawa, Lansing, MI 48933-  
1070.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
R 400.1903 Licensee responsibilities.  
Rule 3. (1) A licensee shall be responsible for all of the following:  
(a) When the child care home is in operation, the licensee shall 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) Vacation or personal leave, which must not exceed 20 days within a calendar  
year. The 20 days of vacation or personal leave means the licensee is absent the entire  
day or at least 51% of the day when the child care home is operating. A licensee may  
have a short periodic absence from the home.  
(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.  
Page 4  
(c) Provide for a child care staff member, who has valid CPR and first aid  
certifications, to act on behalf of the licensee when the licensee is unable or unavailable  
to provide direct care.  
(d) Inform parents when a child care staff member is providing care in the absence  
of the licensee.  
(e) Maintain a record of the dates of licensee absences. These records must be  
maintained for a minimum of 4 years.  
(f) Post the current license in a conspicuous place within the child care home  
during the hours of operation.  
(g) Report to the department within, 3 business days, any changes in the household  
composition or when any new or existing member of the household or child care  
personnel has any of the following:  
(i) An arrest.  
(ii) A conviction.  
(iii) An arraignment for an offense that if convicted would lead to that  
individual’s ineligibility to be connected with a child care home.  
(iv) Is being investigated by the state department of health and human services  
for an allegation of child abuse or neglect.  
(v) Is under court supervised parole or probation.  
(vi) Has been admitted to, or released from, a correctional facility.  
(vii) Has been admitted to or released from a health facility or agency that was  
providing mental health or substance use disorder treatment services to the individual.  
(h) The report required in subdivision (g) of this subrule shall be made using the  
department’s form named Notification of Changes in Status Family and Group Child  
Care Homes, which is labeled BCAL-1485.  
(i) Notify personnel of their duty to report to the licensee any actions listed in this  
rule.  
(j) For any member of the household or personnel who has been treated on an  
inpatient or outpatient basis for an emotional, mental, or substance use disorder during  
the last 2 years, the licensee shall provide to the department a written statement verifying  
the individual’s fitness to care for or be associated with children. This statement must be  
obtained from the medical or mental health professional who is directly involved in the  
individual’s treatment plan or the administrator of the health facility or agency that  
provided services to the individual.  
(k) Immediately report to children's protective services any suspected child abuse  
or neglect and ensure compliance with the child protection law, 1975 PA 238, MCL  
722.621 to 722.638.  
(l) Have a written policy and procedure for the screening and supervision of  
volunteers, if applicable, including volunteers who are parents of a child in care.  
(2) The licensee shall ensure that a child is released only to persons authorized in  
writing by the parent.  
(3) The licensee shall permit parents of enrolled children who are in attendance to  
visit the child at the child care home at any time during hours of operation, as required in  
section 3a of the act, MCL 722.113a.  
Page 5  
(4) The licensee shall cooperate with the department in connection with an  
inspection or investigation, as required in section 10(1) of the act, MCL 722.120(1).  
Cooperation includes, but is not limited to, all of the following:  
(a) Admit authorized members of the department into the approved child caring  
areas of the child care home and provide access to all records, individuals, and other  
materials necessary to determine compliance with the act and these rules.  
(b) Allow the department to perform routine investigative functions during the  
course of an investigation, inspection, or examination. Routine investigative functions  
include, but are not limited to, both of the following:  
(i) Interviewing potential witnesses, such as child care staff members, members  
of the household, and volunteers.  
(ii) Taking photographs to assess and document the conditions of the child care  
home and its compliance with the act and these rules.  
(c) Provide accurate and truthful information to the department, and encourage  
witnesses to provide accurate and truthful information to the department.  
(5) The licensee shall ensure that all personnel, members of the household, and  
conduct themselves in a manner that is conducive to the welfare of children.  
(6) The licensee shall have present at all times at least 1 person who can accurately  
comprehend all of the following information:  
(a) The act, these rules, and any additional communications from the department.  
(b) Child information cards.  
(c) Written directions about a child's care.  
(d) Information about food, cleaning, and chemical labels that can impact a child's  
well-being.  
(e) Written medication directions for a child.  
(f) Information needed to effectively implement emergency procedures.  
(7) The licensee shall cooperate with the department by ensuring that all individuals  
requiring a comprehensive background check are entered into the child care background  
check system and processed for eligibility as required by sections 5n and 5q of the act,  
MCL 722.115n, 722.115q, and R 400.1925.  
(8) To comply with section 3c of the act, MCL 722.113c, a licensee shall have a  
policy and procedure on smoking and vaping that includes all of the following:  
(a) Ensure that smoking and vaping do not occur in child-use space, on the  
premises of a child care home while children are in care, and in a vehicle when used to  
transport children who are in care.  
(b) Conspicuously post on the premises a notice stating that smoking and vaping  
are prohibited on the premises during child care hours.  
(c) Notify parents if smoking or vaping occurs in the child care home and on the  
premises when children are not in care.  
(9) Provide identifying information to the department on both of the following  
individuals who are associated with the child care license:  
(a) Licensee.  
(b) Adult household member.  
(10) The information required in subrule (9) of this rule shall be provided to the  
department on the department’s form named Child Care Licensing Information Request,  
which is labeled BCHS CC-001.  
Page 6  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
Editor's Note: An obvious error in R 400.1903 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the  
correction was published in Michigan Register, 2020 MR 1.  
R 400.1904 Rescinded.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
R 400.1904a Child care staff member; employment requirements.  
Rule 4a. (1) An individual who is employed as a child care staff member in a child  
care home shall be 18 years of age or older, pursuant to section 1 of the act, MCL  
722.111.  
(2) Before caring for children at a child care home, an individual shall provide the  
licensee with all of the following:  
(a) A valid certification in infant, child, and adult CPR.  
(b) A valid certification in first aid.  
(c) Proof of training in the prevention of infectious disease, including  
immunizations. Hours of training in the prevention of infectious disease from  
MiRegistry will be allowed to count for training hours to meet this requirement.  
(3) Prior to contact with children, the individual shall be determined by the  
department to be eligible to serve as a child care staff member, pursuant to sections 5n  
and 5q of the act, MCL 722.115n, 722.115q, and as required by R 400.1925.  
(4) A child care staff member shall conduct himself or herself in a manner that is  
conducive to the welfare of children and be able to meet the needs of children and  
provide for their care, supervision, and protection.  
(5) A child care staff member may substitute for the licensee pursuant to R  
400.1903(1)(c).  
History: 2019 AACS.  
Editor's Note: An obvious error in R 400.1904a was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the  
correction was published in Michigan Register, 2020 MR 1.  
R 400.1904b Child care assistant; requirements.  
Rule 4b. (1) A child care assistant shall be 14 to 17 years of age.  
(2) Prior to contact with children, the individual shall be determined by the  
department to be eligible to serve as a child care assistant, as required by R 400.1925.  
(3) Within 90 days of hire, a child care assistant shall provide the licensee all of the  
following:  
Page 7  
(a) A valid certification in infant, child, and adult CPR.  
(b) A valid certification in first aid.  
(c) Proof of training in the prevention of infectious disease, including  
immunizations. Hours of training in the prevention of infectious disease from  
MiRegistry will be allowed to count for training hours to meet this requirement.  
(4) A child care assistant shall be supervised directly at all times by the licensee or a  
child care staff member who is present on site and can observe the child care assistant.  
(5) A child care assistant shall conduct himself or herself in a manner that is  
conducive to the welfare of children.  
(6) A child care assistant shall not substitute for the licensee or a child care staff  
member.  
(7) A child care assistant shall not drive a vehicle that is transporting children.  
(8) The licensee is responsible for the actions of a child care assistant who has  
contact with or access to children who are cared for in a child care home.  
History: 2019 AACS.  
R 400.1905 Training.  
Rule 5. (1) A licensee shall complete not less than 10 clock hours of training each  
calendar year related to child development, program planning, and administrative  
management for a child care business, not including CPR, first aid, and infectious  
disease, including immunizations, training.  
(2) A child care staff member and a child care assistant shall complete not less than  
5 clock hours of training each calendar year related to child development and caring for  
children, not including CPR, first aid, and infectious disease, including immunizations,  
training.  
(3) A licensee shall ensure that child care staff members and child care assistants,  
prior to caring for children, have training that includes information on all of the  
following:  
(a) Safe sleep practices to prevent sudden infant death syndrome.  
(b) Recognition of and the reporting of child abuse and neglect.  
(c) Prevention of shaken baby syndrome, abusive head trauma, and child  
maltreatment.  
(4) Within 90 days after receiving a child care license or of being hired at a child  
care home, a licensee, a child care staff member, and a child care assistant shall complete  
training on all of the following topics:  
(a) Child development.  
(b) Administration of medication.  
(c) Prevention of and response to emergencies due to food and allergic reactions.  
(d) Handling and storage of hazardous materials and the appropriate disposal of  
bio-contaminants.  
(e) Precautions in transporting children.  
(f) Building and physical premises safety.  
(g) All hazards emergency preparedness and response planning.  
(5) Training hours may include completion of any of the following:  
Page 8  
(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 offered by early childhood organizations.  
(c) Workshops and courses offered by local or intermediate school districts,  
colleges, and universities.  
(d) Online courses.  
(e) Training and courses offered through MiRegistry.  
(6) Completion of the required training must be verified by a document, signed by  
the trainer or an authorized individual, which must be kept on file or available online at  
MiRegistry.  
(7) CPR and first aid training certification must be maintained according to the  
expiration dates on the individual’s certification cards.  
(8) The department may require additional training for violations based on the act or  
these rules. The additional training may include, but is not limited to, the safe sleep  
training available on MiRegistry or attending another orientation session conducted by  
the department.  
(9) When the department of licensing and regulatory affairs or the department of  
education publishes a notice that a new health and safety update document or a new  
health and safety update training activity has been published on MiRegistry, the licensee  
shall ensure that all personnel read and acknowledge the document or complete the  
activity within 6 months of the notice.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
R 400.1906 Records of a licensee; child care staff member; child care assistant.  
Rule 6. (1) A licensee shall maintain a file for each child care staff member and  
each child care assistant that includes all of the following:  
(a) The individual’s first and last name, address, telephone number, and date of  
hire.  
(b) Daily records detailing arrival times and departure times at the child care  
home.  
(c) A statement signed by a licensed physician or his or her designee that attests to  
the individual’s mental and physical health., and which must be updated as follows:  
(i) For an applicant or licensee, within 1 year before issuance of the initial license  
and at the time of subsequent renewals.  
(ii) For a child care staff member and a child care assistant, within 1 year prior to  
caring for children and at the time of subsequent renewals of the child care home’s  
license.  
(d) Other physician attestations and records as required in R 400.1919.  
(e) Training records, as defined in R 400.1905(5), which may also be viewed  
online at MiRegistry during an on-site inspection.  
(f) A completed and signed Michigan Child Care Background Check Consent and  
Disclosure form as required in R 400.1925.  
(g) A written statement, signed and dated by the child care staff member or child  
care assistant at the time of hiring, indicating all of the following information:  
Page 9  
(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 licensee’s discipline policy.  
(2) The records in this rule must be retained for the duration of the individual’s  
employment and a minimum of 4 years after the individual has left the employment of  
the licensee.  
History: 2005 AACS; 2019 AACS.  
R 400.1907 Child’s record.  
Rule 7. (1) Prior to a child’s initial attendance, a 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 or receipt using a form provided by the department  
and signed by the parent certifying all of the following:  
(i) Receipt of a written disciplinary policy.  
(ii) Condition of the child's health.  
(iii) Acknowledgement that the parent has been offered either a copy of the  
licensing rules for a child care home or has been given the website for an electronic copy  
of these rules.  
(iv) Agreement as to who will provide food for the child.  
(v) Acknowledgement that firearms are on the premises, if applicable.  
(vi) If the child care home was built prior to 1978, then the licensee shall inform  
the parents of each child in care and all personnel of the potential presence of lead-based  
paint or lead dust hazards, unless the licensee maintains documentation from a lead  
testing professional that the home is lead safe.  
(c) Documentation that immunizations and boosters, as recommended by the state  
department of health and human services, are any of the following:  
(i) Have been completed.  
(ii) Are in progress.  
(iii) Are not being administered due to religious, medical, or other reasons based  
on a waiver signed by the parent.  
(d) If a parent objects to emergency medical treatment on religious grounds, the  
parent shall provide a signed statement that he or she assumes responsibility for all  
emergency care.  
(2) Records in subrule (1) of this rule must be reviewed and updated annually or  
when information changes.  
(3) Dated daily attendance records of children in care must be maintained and  
include the child's first and last name and the time of arrival and departure. Electronic  
records may be used. If electronic records are used, they must be available to the  
department at the time of the inspection. If electronic attendance records are not  
available during an on-site inspection, the child care home is in violation of this rule.  
Page 10  
(4) Children's records required by the department must be immediately accessible  
and stored in a location known to all personnel.  
(5) The records in this rule must be retained for a minimum of 4 years from the date  
a child is no longer being cared for in the child care home.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
R 400.1908 Capacity.  
Rule 8. (1) The licensee shall ensure that the actual number of unrelated children in  
care at any 1 time does not exceed the number of children for which the child care home  
is licensed, not more than 6 children for a family child care home and not more than 12  
children for a group child care home.  
(2) This rule is not subject to the variance specified in R 400.1963.  
History: 2005 AACS; 2019 AACS.  
R 400.1909 Concurrent licensing.  
Rule 9. (1) A licensee who is concurrently licensed as a children's foster home  
provider shall so inform the parents of the children in care.  
(2) A licensee who provides care for both child care and foster care children shall  
not care for more than 12 children, including all of the following:  
(a) Children who are under 17 years of age and who are related to the 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) A licensee shall notify the department when applying for a foster care license.  
(4) The department has the right to refuse concurrent licensing for child care if the  
health and safety of child care children could be at risk.  
History: 2005 AACS; 2019 AACS.  
R 400.1910 Ratio of personnel to children.  
Rule 10. (1) The ratio of personnel to children present in the home at any 1 time  
must be not less than 1 member of the personnel to 6 children. The ratio must include all  
children in care who are not related to any personnel and any of the following children  
who are less than 6 years of age:  
(a) Children of the licensee.  
(b) Children of a child care staff member or child care assistant.  
(c) Children related to any member of the household by blood, marriage, or  
adoption.  
(2) For each member of the personnel, 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.  
History: 2005 AACS; 2019 AACS.  
Page 11  
R 400.1911 Care; supervision; children.  
Rule 11. (1) A licensee shall ensure appropriate care and supervision of children at  
all times.  
(2) A licensee or a child care staff member shall be present in the home at all times  
when children are in care.  
(3) A licensee and child care staff members 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 licensee and child care staff members shall know the location of each child at  
all times.  
(5) A licensee and child care staff members shall never leave a child unattended or  
with a minor in a vehicle.  
(6) A licensee or child care staff member shall at all times directly supervise  
children who are engaged in water activities or are near collections or bodies of water.  
History: 2005 AACS; 2019 AACS 2019.  
R 400.1912 Infant; child; resting; sleeping; supervision.  
Rule 12. (1) Infants, birth to 12 months of age, shall be placed on their backs for  
resting and sleeping.  
(2) Infants unable to roll from their stomachs to their backs, and from their backs to  
their stomachs, shall be placed on their backs when found in any other position.  
(3) When infants can easily turn over from their stomachs to their backs and from  
their backs to their stomachs, they shall be initially placed on their backs, but allowed to  
adopt whatever position they prefer for sleeping.  
(4) If a child has a health issue or a special need that requires the child sleep in an  
alternate position or in something other than a crib, porta-crib, or play yard for infants  
and toddlers, or cot or mat for toddlers, documentation from the child’s health care  
provider is required. The documentation must include specific sleeping instructions and  
time frames for how long the child needs to sleep in this manner and include an  
anticipated end date.  
(5) Personnel shall maintain supervision and 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 must not be used in place of  
subrule (5) of this rule.  
History: 2005 AACS; 2019 AACS.  
R 400.1913 Discipline; child handling.  
Rule 13. (1) A licensee shall develop and have on file a written policy regarding  
the discipline of children.  
(2) Developmentally appropriate positive methods of discipline that encourage self-  
control, self-direction, self-esteem, and cooperation must be used.  
(3) Personnel shall not do any of the following:  
Page 12  
(a) Hit, spank, shake, bite, pinch, or inflict other forms of corporal punishment.  
(b) Use any substance in a child’s mouth such as, but not limited to, soap, hot  
sauce, or vinegar.  
(c) Restrict a child's movement by binding or tying him or her.  
(d) Inflict mental or emotional stress, such as humiliating, shaming, threatening a  
child, or using derogatory remarks.  
(e) Deprive a child of meals, snacks, rest, or necessary toilet use.  
(f) Confine a child in an enclosed area such as a closet, locked room, box, or  
similar enclosure.  
(g) Use time out for children under 3 years old.  
(4) Reasonably appropriate discipline or restraint may be used 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.  
History: 2005 AACS; 2019 AACS.  
R 400.1914 Daily activity program.  
Rule 14. (1) Personnel shall engage in positive interactions with children. For  
infants and toddlers, interactions may include, but are not limited to, all of the following:  
(a) Nurturing contact, such as talking to, holding, rocking, cuddling, and giving  
eye contact throughout the day and during daily routines such as feeding and diapering.  
(b) Promptly responding to a child's cries and other signs of distress.  
(2) A licensee shall plan daily activities so that each child may do any of the  
following:  
(a) Develop and use language.  
(b) Develop and use large and small muscles.  
(c) Use materials and take part in activities that encourage creativity.  
(d) Learn new ideas and skills.  
(e) Participate in imaginative play.  
(f) Rest, sleep, or both.  
(3) All of the following developmentally appropriate opportunities must 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, movies, electronic devices, and computers must be  
limited to not more than 2 hours per day and to programs designed for children's  
education, enjoyment, or both. Other activities must be available to children during  
television and movie viewing.  
(5) Programs and movies with violent or adult content, including soap operas, must  
not be permitted in child-use space while children are in care.  
Page 13  
(6) The use of television, video tapes, movies, electronic devices, and computers by  
children in care must be suitable to the age of the child in terms of content and length of  
use.  
(7) For children with special needs, a licensee shall work with the parents, medical  
personnel, or other relevant professionals to provide care in accordance with the child's  
identified needs and learning supports.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
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 of easily accessible activity choices must be available to a child that  
are safe and appropriate for a child at his or her stage of development. The number of  
choices must be based on the number of children who are permitted to attend the licensed  
child care home. All of the following apply to activity choices available:  
(a) Materials may include, but are not limited to, any of the following:  
(i) Books.  
(ii) Art supplies.  
(iii) Blocks and accessories.  
(iv) Large muscle equipment.  
(v) Manipulative toys.  
(vi) Musical equipment.  
(vii) Dramatic play materials.  
(b) All materials and equipment must be kept clean, free of hazards, and in good  
repair.  
(c) Toys and other play equipment soiled by secretion or excretion must be  
cleaned with soap and water, rinsed, and sanitized before being used by a child.  
(4) A licensee shall not use any equipment, materials, or furnishings recalled or  
identified by the U.S. Consumer Product Safety Commission as being hazardous. These  
products are identified on the commission’s website at http://www.cpsc.gov.  
(5) As required by section 15 of the children's product safety act, 2000 PA 219,  
MCL 722.1065, a licensee shall conspicuously post in the child care home an updated  
copy of the list of recalled or unsafe children's products that is provided by the  
department through its Michigan Child Care Matters (MCCM) online newsletter and  
available at the department’s website www.michigan.gov/mccmatters.  
(6) All children shall be protected from materials that could be swallowed or present  
a choking hazard. Toys or objects with removable parts less than 1 ¼ inches in diameter  
and less than 2 ¼ inches in length, as well as balls smaller than 1 ¾ inches in diameter are  
prohibited for children under 3 years of age.  
(7) Trampolines and bounce houses must not be used indoors by children in care.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
Page 14  
R 400.1916 Bedding and sleeping equipment.  
Rule 16. (1) All bedding and sleeping equipment must be in accordance with U.S.  
Consumer Product Safety Commission standards as approved for the age of the child  
using the equipment and must be clean, comfortable, safe, and in good repair. The  
(2) All bedding and sleeping equipment must be cleaned before being used by  
another child.  
(3) All bedding used by children must be washed when soiled and weekly at a  
minimum.  
(4) All cribs, play yards, or porta-cribs must 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) Play yard mattresses must be purchased from the manufacturer of the play yard  
and be manufactured after February 19, 2014. Play yards must meet the Consumer  
Product Safety Commission safety standards for play yards, 16 CFR part 1221 (2019).  
Licensees shall comply with this subrule by December 31, 2019. These standards are  
at the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community  
and Health Systems, Child Care Licensing Division, 611 W Ottawa, Lansing, MI 48933-  
1070.  
(6) Infants, birth to 12 months of age, shall rest or sleep alone in an approved crib,  
play yard, or porta-crib. This equipment must meet all of the following requirements:  
(a) Cribs, porta-cribs and play yards must comply with the product safety standards  
issued by the Consumer Product Safety Commission, 16 CFR 1219 (2019), 16 CFR 1220  
standards are also available for inspection and distribution at the Michigan Department of  
Licensing and Regulatory Affairs, Bureau of Community and Health Systems, Child Care  
Licensing Division, 611 W Ottawa, Lansing, MI 48933-1070.  
(b) A tightly fitted or snug bottom sheet must cover the crib or porta-crib mattress  
with no additional padding placed between the sheet and the mattress.  
(c) Stacking cribs must not be used.  
(7) An infant's head shall remain uncovered during sleep.  
(8) Soft objects, bumper pads, stuffed toys, blankets, quilts or comforters, pillows,  
and other objects that could smother an infant must not be placed with, under, or within  
reach of a resting or sleeping infant.  
(9) An infant who is less than 2 months of age may be swaddled with a sleeping  
sack swaddle attachment.  
(10) If an infant who is older than 2 months of age has a health issue or special need  
that requires the child to use a sleeping sack swaddle attachment, documentation of this  
health issue or special need from the child's health care provider is required. This  
documentation must include specific sleeping instructions and time frames for how long  
the child needs to sleep in this manner, including an end date.  
(11) Blankets must not be draped over cribs, porta-cribs, or play yards while they  
are in use.  
Page 15  
(12) Children 12 to 24 months of age shall rest or sleep alone in an approved crib,  
porta-crib, play yard, or on a cot or mat sufficient for the child's length, size, and  
movement.  
(13) None of the following are approved sleeping equipment for children 24 months  
of age or younger:  
(a) Infant car seats.  
(b) Infant seats.  
(c) Infant swings.  
(d) Bassinets.  
(e) High chairs.  
(f) Water beds.  
(g) Adult beds.  
(h) Soft mattresses.  
(i) Sofas.  
(j) Bean bags.  
(k) Other soft surfaces.  
(14) Children 24 months of age 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.  
(15) Children over 24 months of age shall have an individual, age appropriate,  
clean, comfortable, and safe place to sleep or rest. The floor may 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.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
R 400.1917 Telephone.  
Rule 17. (1) Personnel shall have immediate access to an operable telephone within  
the child care home at all times.  
(2) The telephone number must be made available to the department, personnel, and  
parents.  
(3) The licensee shall inform the department, personnel, and parents of any change  
in telephone number.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
R 400.1918 Medication; administration; procedures.  
Rule 18. (1) Medication, prescription or nonprescription, must be given to a child  
in care by a licensee or a child care staff member only. A child care assistant shall not  
give medication to a child in care.  
(2) Medication, prescription or nonprescription, must be given or applied only with  
prior written permission from a parent.  
(3) All medication must be in the original container, stored according to  
instructions, and clearly labeled for a named child.  
Page 16  
(4) Prescription medication must have the pharmacy label indicating the physician's  
name, child's first and last name, instructions, and name and strength of the medication,  
and must be given in accordance with those instructions.  
(5) All medication must be kept out of the reach of children and returned to the  
child's parent when he or she determines it is no longer needed or when it has expired.  
(6) A licensee or child care staff member shall give or apply prescription or non-  
prescription medication according to the directions on the original container unless  
otherwise authorized by a written order of the child's physician.  
(7) A record of the date, time, and the amount of all medication given or applied  
must be maintained on a form provided by the department or a comparable substitute  
approved by the department.  
(8) Topical nonprescription medication, including but not limited to sunscreen,  
insect repellant, and diaper rash ointment, is exempt from subrules (1) and (7) of this rule.  
(9) The records required in this rule must be retained for a minimum of 4 years.  
History: 2005 AACS; 2019 AACS.  
R 400.1919 Communicable disease; immunization; mental and physical health;  
physician attestation; tuberculosis.  
Rule 19. (1) An applicant shall obtain a written statement, signed by a licensed  
physician or his or her designee within 1 year before issuance of the initial license, that  
attests to the applicant’s mental and physical health. The attestation must be renewed at  
the time of subsequent license renewals.  
(2) A licensee shall obtain from a child care staff member and a child care assistant  
a written statement, signed by a licensed physician or his or her designee within 1 year  
prior to caring for children, that attests to the child care staff member’s or child care  
assistant’s mental and physical health. The attestation must be renewed at the time of  
subsequent renewals of the child care home’s license.  
(3) An applicant, licensee, child care staff member, child care assistant, and a  
member of the household who is age 14 or older shall provide written evidence of  
freedom from communicable tuberculosis (TB) prior to caring for children or living in  
the child care home.  
(4) An individual who lives in a child care home or who cares for children in a child  
care home, who has a suspected or confirmed case of a communicable disease, shall not  
come into contact with children in the home’s care. Communicable disease includes, but  
is not limited to, any of the following:  
(a) Tuberculosis.  
(b) Influenza.  
(c) Measles.  
(d) Whooping cough.  
(e) Strep throat.  
(f) Scarlet fever.  
(g) Chicken pox.  
(5) If immunizations, as recommended by the state department of health and human  
services, have not been given or completed for all minors who live in the child care  
Page 17  
home, then the licensee shall inform the parent of each child in care at the home and all  
personnel.  
(6) The documents required in this rule must be retained by the licensee for a  
minimum of 4 years from the date the individual no longer resides in or cares for children  
in the child care home.  
History: 2005 AACS; 2019 AACS.  
R 400.1920 Outdoor play area and equipment.  
Rule 20. (1) A child 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 must be 1 of 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 licensee 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 must be organized to meet all of the  
following requirements:  
(a) To separate active and quiet activities.  
(b) For a clear and unobstructed view of the whole play area.  
(c) To ensure that there are safe distances between equipment.  
(5) When swings, climbers, slides, and other similar play equipment with a  
designated play surface above 30 inches are used, they must:  
(a) Not be placed over concrete, asphalt, or a similar surface, such as hard-packed  
dirt or grass.  
(b) Be safe, in good repair, and age-appropriate.  
(c) Be placed at least 6 feet from the perimeter of other play structures or  
obstacles.  
(6) Trampolines must not be used outdoors by children in care.  
(7) Bounce houses are permissible outdoors with direct supervision by a licensee or  
child care staff member, and pursuant to the manufacturer’s recommendations.  
(8) Children in care shall not be permitted to ride all-terrain vehicles, motor bikes,  
go-carts, recreational, or other motorized vehicles.  
History: 2005 AACS; 2019 AACS.  
R 400.1921 Water hazards; water activities.  
Rule 21. (1) A 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. These barriers must be a minimum of 4 feet in height and appropriately  
secured to prevent children from gaining access to such areas.  
Page 18  
(2) A hot tub or spa pool must not be used when children are in care.  
(3) A hot tub or spa pool, whether indoors or outdoors, must be made inaccessible  
to children in care by the use of a locked hard cover.  
(4) A wading pool may be used when all of the following requirements are met:  
(a) It is clean and free of debris.  
(b) It is emptied and cleaned after each play period or immediately when it  
becomes dirty or contaminated.  
(c) It remains empty at all times when not in use.  
(5) Before use of a residential pool or any other body of water by children in care, a  
licensee shall ensure that the water is clean, safe, and sanitary, and that the children will  
be appropriately and adequately supervised.  
(6) Public swimming areas may be used only if a lifeguard is present.  
(7) If there are 2 groups of children, 1 group in the water and 1 group out of the  
water, then the personnel to child ratios, as required in R 400.1910, must be maintained  
for each group, with the exception that the personnel to child ratio for children under 3  
years of age who are in the water must be 1-to-1 at all times.  
(8) Rescue equipment must be readily accessible at all times.  
(9) A working telephone must be immediately accessible in the water activity area.  
(10) A licensee shall obtain and keep on file written permission from a child's  
parent for the child's participation in either of the following:  
(a) Before each outdoor water activity at a swimming pool, lake, or other body of  
water off the child care home premises.  
(b) Once per season for water activities occurring on the child care home premises.  
(11) The emergency plan in R 400.1945 must include procedures for water  
emergencies.  
History: 2005 AACS; 2009 AACS; 2019 AACS.  
R 400.1922 Nighttime care.  
Rule 22. (1) In a home where children are in care between the hours of midnight  
and 5 a.m., not more than 2 adjoining floor levels may be used at any 1 time to sleep  
children.  
(2) If child care staff members and children in care are sleeping, then at least 1 child  
care staff member 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.  
(4) If nighttime care is provided, then children shall sleep in age appropriate cribs  
and beds. Port-a-cribs and play yards are not allowed for nighttime care.  
History: 2005 AACS; 2019 AACS.  
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 must comply with all of the following:  
Page 19  
(a) Be used exclusively for changing wet or soiled diapers or underwear.  
(b) Be located away from food preparation and meal service areas.  
(c) Have access 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 and changing supplies within easy reach.  
(g) Have a plastic-lined, tightly covered container that is used exclusively for  
disposable diapers and diapering supplies that must be emptied and sanitized at the end  
of each day.  
(3) Diapers or training pants must be changed when wet or soiled.  
(4) Only single use disposable wipes or other single use cleaning cloths must be  
used to clean a child during the diapering or toileting process.  
(5) All of the following requirements apply when cloth diapers or training pants are  
used:  
(a) Each cloth diaper must be covered with an outer waterproof covering. Outer  
coverings must be removed as a singular unit with wet or soiled diapers or training pants.  
(b) Diapers, training pants, and outer coverings must not be reused until machine  
washed and sanitized.  
(c) No rinsing of the contents may occur at the child care home.  
(d) Soiled diapers must be placed in a plastic-lined, covered container used only  
for that child’s soiled diapers.  
(e) Soiled diapers or training pants must be stored and handled in a manner that  
will not contaminate any other items and must not be accessible to children.  
(f) A child’s parent shall remove soiled diapers or training pants from the child  
care home every day.  
(g) A child’s supply of clean diapers or training pants must be used only for that  
child.  
(6) Toilet learning must be planned cooperatively between the parent and the  
licensee so the toilet routine established is consistent.  
(7) If toilet learning equipment such as potty chairs and modified toilet seats, are  
used, then both of the following apply:  
(a) They must be able to be easily cleaned and sanitized.  
(b) Potty chairs must be emptied, rinsed, and sanitized after each use.  
(8) If disposable gloves are used, then they must only be used once for a specific  
child and must be removed and disposed of in a safe and sanitary manner immediately  
after each diaper change.  
History: 2005 AACS; 2019 AACS.  
R 400.1924 Hand washing.  
Rule 24. (1) All personnel 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.  
Page 20  
(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) Personnel shall ensure that children wash their hands at all of 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 may be used as a temporary measure during outings,  
such as field trips and outdoor activities, until soap and running water are available.  
(4) When an infant is too heavy to hold for handwashing, cannot stand safely to  
wash hands at a sink, is not developmentally ready to hold head, and for children with  
special needs who are not capable of washing their own hands, staff may wash the child’s  
hands with non-toxic disposable wipes.  
History: 2005 AACS; 2019 AACS.  
R 400.1925 Comprehensive background check; fingerprinting.  
Rule 25. (1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and  
722.115q, prior to an individual having any unsupervised contact with children, the  
department shall determine the individual’s eligibility to be any of the following:  
(a) A licensee.  
(b) An adult member of the household.  
(c) A child care assistant.  
(d) A child care staff member.  
(e) An unsupervised volunteer.  
(2) An applicant or licensee shall do all of the following:  
(a) Ensure that each individual who requires an eligibility determination pursuant  
to subrule (1) of this rule completes, signs, and submits all of the information required in  
subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed  
by the department. The forms are available on the department’s website for the child care  
dated prior to the individual’s appointment to be fingerprinted.  
(b) Maintain a copy of the completed and signed form(s) for each individual  
entered into the child care background check system under the license.  
(c) Provide to the department, upon request, a copy of the individual’s completed  
and signed form(s).  
(d) Establish and activate an account and accurately enroll each individual listed in  
subrule (1) in the child care background check system.  
Page 21  
(e) Within the department’s child care background check system, accurately  
complete and maintain the connection, disconnection, or withdrawn status of each  
individual associated with the license.  
(f) Immediately disconnect each individual from the system once he or she is no  
longer a licensee, adult member of the household, child care assistant, child care staff  
member, or an unsupervised volunteer under the license.  
(3) An individual may serve as a child care staff member pending an eligibility  
determination by the department, in accordance with section 5n(8) of the act, MCL  
722.115n(8), and shall be supervised at all times by the licensee or a child care staff  
member who has been determined eligible.  
(4) For an individual who is determined ineligible by the department, a licensee  
shall immediately do all of the following:  
(a) Prohibit the individual from being on the premises of the child care home.  
(b) Prohibit the individual from having any contact with children in care.  
(c) Disconnect the individual from the child care background check system.  
(5) An individual who requires a comprehensive background check pursuant to  
sections 5n and 5q of the act, MCL 722.115n and 722.115q, shall submit to the  
department, on a form prescribed by the department, all personally identifiable  
information necessary to conduct the comprehensive background check, including all of  
the following:  
(a) Full legal name.  
(b) All other names used in the past, including any maiden name or alias, the  
approximate date the other name was used, and the reason for the name change.  
(c) Suffix, if applicable.  
(d) Social Security number.  
(e) Date of birth.  
(f) Place of birth.  
(g) Country of citizenship.  
(h) Height.  
(i) Weight.  
(j) Hair color.  
(k) Eye color.  
(l) Sex.  
(m) Race.  
(n) Current address.  
(o) If the individual resided outside the state of Michigan during the last 5 years,  
then provide each of those addresses.  
(p) Driver’s license identification number and state issuing the license or a state  
identification number and state issuing it, if available.  
(q) Phone number.  
(r) Email address, if available.  
(s) Any other information deemed reasonably necessary by the department to  
determine the eligibility of the individual based on a name-based registry match.  
(6) The department shall maintain the confidentiality of all personally identifiable  
information submitted pursuant to this rule to the extent permitted by law.  
History: 2019 AACS.  
Page 22  
Editor's Note: An obvious error in R 400.1925 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the  
correction was published in Michigan Register, 2020 MR 1.  
R 400.1926 Conducive to the welfare of children.  
Rule 26. (1) In carrying-out its duties under section 5m of the act, MCL 722.115m,  
to determine whether or not a service, facility, applicant, licensee, child care staff  
member, child care assistant, or member of the household is conducive to the welfare of  
preschool or school-age children, the department shall deem any of the following  
behaviors as not conducive to the welfare of children: possession or use of alcohol,  
tobacco products, marihuana and, except as provided in subrule (2) of this rule, any  
controlled substance in a child-use area, or on the premises of a child care home while  
children are in care.  
(2) The exception to subrule (1) of this rule is the possession or use of a controlled  
substance outside of child-use space that is prescribed to the individual, and which does  
not impair the individual’s ability to supervise, care, and protect children, and the  
medication is sto