DEPARTMENT OF LIFELONG EDUCATION, ADVANCEMENT, AND

POTENTIAL

CHILD CARE LICENSING BUREAU

LICENSING CHILD CARE CENTERS

(By authority conferred on the director of the department of lifelong education,

advancement, and potential by section 2 of 1973 PA 116, MCL 722.112, and Executive

Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2004-4, 2015-1 and 2023-6, MCL

330.3101, 445.2001, 445.2011, 400.226, 400.227 and 388.1283)

PART 1. DEFINITIONS, LICENSING PROCESS, PROCEDURES, AND

RECORDS

R 400.8101 Definitions; A to I.

Rule 101. (1) As used in these rules:

(a) “Accredited college or university” means a college or university that is

accredited by a regional or national institutional accrediting association recognized by the

United States Department of Education.

(b) “Act” means 1973 PA 116, MCL 722.111 to 722.128, regarding child care

organizations.

(c) “Adult” means an individual 18 years of age or older.

(d) “Ages” means all of the following:

(i) “Infant” means a child from birth until 1 year of age.

(ii) “Toddler” means a child who is 1 year of age until 30 months of age.

(iii) “Preschooler” means a child who is 30 months of age until eligible to attend a

grade of kindergarten or higher.

(iv) “School-aged” means a child who is eligible to attend a grade of kindergarten

or higher, but less than 13 years of age. A child is considered school-aged on the first day

of the school year in which the child is eligible.

(e) “Applicant” means an individual who applies for a license to operate a child

care center.

(f) “Biocontaminant” means bodily fluids such as urine, feces, saliva, vomit, blood,

nasal discharge, eye discharge, and injury or tissue discharge.

(g) “Center” means an early childhood center, school-age child care center, outdoor

nature-based child care center, or a small capacity child care center.

(h) “Certified playground safety inspector” means an individual certified by the

national playground safety institute or the national program for playground safety to

conduct playground safety inspections.

(i) “CEU” means a continuing education unit awarded by an accredited college or

university sponsor of continuing education units or state continuing education clock hour

awarded by the state board of education.

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(j) “Child care administration” means educational courses in child care

administration, education administration, educational leadership, or business

administration.

(k) “Child care background check system” means the database maintained by the

department to document a comprehensive background check and eligibility determination

pursuant to section 5n of the act, MCL 722.115n.

(l) “Child development associate credential” means a credential awarded by the

council for professional recognition or a similar credential approved by the department.

(m) “Child-related field” means either of the following:

(i) For an early childhood program administrator and lead teacher, academic

courses in elementary education, child guidance, child counseling, child psychology,

family studies, environmental or outdoor education, social work, or special education.

(ii) For a school-age program administrator, academic courses in early childhood

education, elementary education, secondary education, educational leadership, special

education, physical education and recreation, child development, child guidance, child

counseling, child psychology, family studies, environmental or outdoor education, social

work, human services, or youth development.

(n) “Clean” means removing dirt, food, soil, and other types of debris by scrubbing

and washing with a detergent solution and rinsing with water.

(o) “Communicable disease” means an infectious disease that is transmissible from

person to person by direct contact with an infected individual or the individual's

discharges, or by indirect means through a vector. Communicable disease includes, but is

not limited to, all of the following:

(i) Chicken pox.

(ii) Hand, foot, and mouth disease.

(iii) Influenza.

(iv) Measles.

(v) Mumps.

(vi) Pertussis, which is also referred to as whooping cough.

(vii) Rubella.

(viii) Tuberculosis.

(p) “Comprehensive background check” means a department review of an

individual pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q.

(q) “Continuously employed child care staff member” means an individual who has

not been disconnected from the child care background check system for a period of more

than 180 days and has continuously resided in this state as referenced in section 5n(15)

and (16) of the act, MCL 722.115n.

(r) “Degrees and semester hours” means only those degrees and hours from an

accredited college or university.

(s) “Department” means the department of lifelong education, advancement, and

potential.

(t) “Developmentally appropriate” means age appropriate and appropriate to the

individual child.

(u) “Disinfect” means destroying any remaining germs on surfaces after cleaning

using a stronger bleach solution or an EPA-registered disinfecting product as described

on the label.

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(v) “Early childhood center” means a child care center that serves children less than

13 years of age. It does not include a school-age child care center, outdoor nature-based

child care center, or a small capacity child care center.

(w) “Early childhood program administrator” means a child care staff member who

is the program administrator of an early childhood center and can be counted in child

staff member to child ratios.

(x) “Easily cleanable” means that surfaces are readily accessible and made of such

materials and finish and so fabricated that residue may be effectively removed by normal

cleaning methods.

(y) “Experience” means paid and unpaid experience serving the ages and

developmental abilities of children for which the center is licensed.

(z) “Field trip” means children, program staff or volunteers, or both, leaving the

child care center premises for an excursion, trip, or program activity.

(aa) “First aid kit” means a kit containing, at a minimum, all of the following:

sterile gauze pads of assorted sizes, a roll of gauze, adhesive bandages of assorted sizes,

adhesive cloth tape, an elastic bandage, tweezers, and scissors. A first aid kit is prohibited

from containing any non-prescription or prescription medications as described under R

400.8260.

(bb) “Group size” means the specified number of children assigned to a child care

staff member or team of child care staff members occupying an individual classroom or

well-defined space for each group within a larger room.

(cc) "Hand washing" means to cleanse the hands with soap and warm running water

for not less than 20 seconds.

(dd) “Immediately available” means a program administrator, site administrator,

parent, or guardian remains onsite at the address of the child care center.

(ee) “Independent service provider” means individuals who are not child care staff

members, but render professional, therapeutic, or enrichment services within a child care

center. Independent service providers include, but are not limited to, dance instructors,

gymnastic or sports instructors, computer instructors, speech therapists, nutritionists,

early interventionists, nurses and other licensed health care professionals, intermediate

school district staff, local school district staff, departmental staff other than those

responsible for inspecting centers, non-center affiliated bus drivers, cafeteria and

maintenance personnel, electricians, plumbers, photographers, and other outside service

providers. Independent service providers are not considered contract employees or self-

employed as described in the act as long as the independent service providers are

supervised at all times by an eligible child care staff member while at the child care

center when children are present.

(2) A term defined in the act has the same meaning when used in these rules.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8101 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

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R 400.8102 Definitions; J to R.

Rule 102. As used in these rules:

(a) “Lead teacher” means a child care staff member employed by the child care

center for compensation who is responsible for organizing, guiding, and implementing

activities in a group or individual basis, to further the cognitive, social, emotional, and

physical development of children in a child care center and can be counted in child care

staff member to child ratios.

(b) “Mandated reporter” means a licensee, licensee designee, staff, or volunteer

who are required to immediately report child abuse or neglect or suspected child abuse

and neglect as required by R 400.8213(1)(c).

(c) “Michigan school age or youth development associate credential” means a

credential issued by the Michigan afterschool partnership in collaboration with or similar

credential approved by the department.

(d) “MiRegistry” is the electronic data system for child care providers that is

maintained by the department to verify and track employment, training, and educational

accomplishments.

(e) “MiRegistry-approved training” means training that is submitted to MiRegistry

by a MiRegistry approved trainer or MiRegistry training sponsor organization that meets

the qualification for approval.

(f) “Montessori credential” means a credential issued by the Association Montessori

International, American Montessori Society, or any Montessori teaching or training

institution recognized by the Montessori Accreditation Council for Teacher Education

that meets or exceeds 270 hours of academic training.

(g) “Multiple occupancy” means a building or structure where 2 or more classes of

occupancy exist. Classes of occupancy include, but are not limited to, day-care occupancy,

residential occupancy, or health care occupancy.

(h) “Natural playground” means an outdoor play area that blends natural materials,

features, and vegetation, which can include tree logs, tree stumps, boulders, and plants.

(i) “Nighttime care” means care between the hours of midnight and 5 a.m.

(j) “On file” means accessible at the center or central office, as specified in these

rules, via a hard copy or electronically unless otherwise stipulated in the rule.

(k) “Outdoor nature-based child care center” means a child care center that does all

of the following:

(i) Serves preschool and school-age children.

(ii) Provides early learning service to the enrolled children in an outdoor natural

space approved by the department for not less than 4 hours per day or 50% of the daily

program hours, whichever is less, and may operate in an approved building during

inclement weather.

(iii) Teaches a nature-based curriculum to enrolled children.

(l) “Parent” or “parental” means a child’s natural or adoptive parent who is legally

responsible for the child or the child’s legal guardian.

(m) “Playspace” means a piece or pieces of age-appropriate toys, play equipment,

and materials that 1 child can use independently for 15 minutes.

(n) “Portable crib” means a crib that can be folded or collapsed, without

disassembly, to occupy a space less than it occupies when it is used. Products with mesh,

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fabric, or non-rigid sides, such as a bassinet or play yard, are not considered portable

cribs.

(o) “Present at the center” means being physically at the center at any point when

children are present.

(p) “Program administrator” means a licensee or child care staff member who is

responsible for the general management of the center, ensures compliance with the act

and these rules, and can be counted in child care staff member to child ratios. Program

administrators include an early childhood program administrator, a school-age program

administrator, and a small capacity center program administrator.

(q) “Program components” means the different services offered by a center.

Program components include, but are not limited to, infant and toddler, preschool, and

school-age care and education; nighttime care; food service; swimming; and

transportation.

(r) “Program staff” means a teacher, lead teacher, substitute teacher, site

administrator, staff-in-charge, program administrator, substitute program administrator,

or other compensated employee of the center that has direct contact with children and can

be counted in child care staff member to child ratios. Program staff does not include

volunteers, therapeutic professionals, and independent service providers.

(s) “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.

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8103 Definitions; S to Z.

Rule 103. As used in these rules.

(a) “Sanitize” means reducing the number of germs on surfaces after cleaning the

item by using heat, sanitizing solution, sprays as directed on the label, or a weakened

bleach solution.

(b) “School” means a building or part of a building that is owned or leased by, or

under the control of, a public or private school or school system for the purpose of

instruction pursuant to the revised school code, 1976 PA 451, MCL 380.1 to 380.1852,

which is occupied by 6 or more students, and which is used 4 or more hours per day or

more than 12 hours per week.

(c) “School-age child care center” means a child care center serving only school-age

children.

(d) “School-age program administrator” means a child care staff member who is the

program administrator of a school-age child care center and can be counted in child care

staff member to child ratios.

(e) “Serious injury” means an injury that occurred while the child was in care that

resulted in a child receiving medical attention by a health care provider.

(f) “Session” means 8 hours within a 24-hour day from midnight until 11:59 p.m.

for centers operating 8 hours or more per day or 50% of the time open for centers

operating less than 8 hours per day.

(g) “Site administrator” means a child care staff member appointed by the program

administrator responsible for supervising the operation of the center when the program

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administrator is not on the center premises and can be counted in child care staff member

to child ratios.

(h) “Small capacity center” means a child care center that receives 20 or fewer

children less than 13 years of age.

(i) “Staff” means any compensated employee of a center that perform services for

the child care center and has direct or indirect contact with children at the center. Staff

includes the program administrator, substitute program administrator, site administrator,

staff-in-charge, lead teacher, teacher, substitute teacher, and other paid employees at the

center, such as the cook, driver, janitor, secretary, and bookkeeper. Staff does not include

volunteers, therapeutic professionals, and independent service providers.

(j) “Staff-in-charge" means a child care staff member appointed by a program

administrator of a single site when the program administrator is not on the premises and

is responsible for supervising the operation of the center including, but not limited to,

having the authority to respond to emergencies, inspections, parental concerns, and have

access to all required information.

(k) “Standard precautions” means the use of barriers to handle potential exposure to

biocontaminants, the process to clean and disinfect contaminated surfaces, and the

process to dispose of biocontaminants.

(l) “Substitute teacher” means a child care staff member who is 16 years of age or

older and is employed by the child care center, directly or indirectly, for compensation as a

temporary replacement for a teacher and can be counted in child staff member to child

ratios.

(m) “Supervised volunteer” means an individual 16 years of age or older, who

provides service for a child care center that is not compensated, and who is supervised at

all times when children are in care. A supervised volunteer cannot be counted in child

staff member to child ratios.

(n) “Teacher” means a child care staff member who is 16 years of age or older and

is employed by the child care center for compensation to further the cognitive, social,

emotional, and physical development of children in a child care center and can be

counted in child care staff member to child ratios.

(o) “Therapeutic professionals” means an independent service provider who

provides therapeutic services in a child care center, including, but not limited to, speech

therapists, nutritionists, early interventionists, nurses, and other licensed health care

professionals who are employed by an intermediate school district or local school district

to provide services in a child care center to a child with a disability that has an active

individualized education program or individualized family service plan.

(p) “Unsupervised volunteer” means a child care staff member who is 16 years of

age or older, provides service for a child care center that is not compensated, is

determined eligible by the department to be unsupervised with children, and can be

counted in child care staff member to child ratios.

(q) “Volunteer” means a supervised volunteer and an unsupervised volunteer.

(r) “Well-defined space” means space designed and used exclusively for a specific

group of children.

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

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R 400.8104 Rule variances.

Rule 104. (1) Upon written request of an applicant or 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, including the conditions under which the

variance was granted, must be kept on file at the child care center.

(3) The granted variance may remain in effect for as long as the licensee continues

to comply with the conditions of the variance or may be time-limited.

(4) Variances must not be granted from statutory requirements.

History: 2013 AACS; 2019 AACS.

R 400.8107 Applicant qualifications; license application; fees.

Rule 107. (1) An applicant shall meet all of the following qualifications:

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

(b) Be able to ensure that the proposed 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.

(2) An applicant for a license to operate a child care center shall complete, sign, and

submit the department’s child care application, along with the applicable fee listed under

section 5m of the act, MCL 722.115m, in the manner prescribed by the department.

(3) If the applicant elects a licensee designee the applicant shall also complete, sign,

and submit the department’s child care licensee designee form in the manner prescribed

by the department.

(4) Before issuance of the original license, and before the renewal of a license, an

applicant or licensee shall comply with all applicable laws and rules.

(5) Before issuance of the original license, and before the renewal of a license, an

applicant or licensee shall submit the certificate of occupancy.

(6) If the school-age center is established and operated by an intermediate school

board, the board of a local school district, by the board or governing body of a state-

approved nonpublic school, or by a person or entity with whom a school contracts for

services and is located in a school building that is approved by the state fire marshal or

other similar authority for school purposes, an applicant or licensee is not required to

submit a certificate of occupancy at original licensure or before the renewal of a license.

(7) Outdoor nature-based child care centers are exempt from subrule (5) of this rule,

but the applicant or licensee shall provide both of the following before issuance of the

original license, and before the renewal of a license:

(a) A location map including the location of the emergency shelter.

(b) Outdoor benefit-risk assessment.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8110 Applicant; licensee; licensee designee; requirements.

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

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(a) Act in a manner that is conducive to the welfare of children.

(b) Comply with sections 5n and 5q of the act, MCL 722.115n and 722.115q, which

requires obtaining a comprehensive background check.

(c) Be responsible for compliance with the act and these rules.

(d) Report to the department within 3 business days after any arraignment or

conviction of 1 or more of the crimes listed in section 5r of the act, MCL 722.115r, and

any subsequent conviction.

(2) The applicant, licensee, and licensee designee shall have the administrative

capability to operate the center to provide the services and facilities that are conducive to

the welfare of children.

(3) All of the following must be in a place that is accessible and visible to parents:

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

expiration date, and a copy of the last page of any variances granted.

(b) A copy of these rules must be made available to the parents.

(c) A notice stating that the center requires a comprehensive background check on its

employees and unsupervised volunteers.

(4) There must be a current licensing notebook that includes all licensing

inspections, special investigation reports, corrective action plans, approval letters for the

last 3 calendar years, and a summary sheet outlining the documents contained in the

notebook. The notebook must always be in a place accessible to parents and prospective

parents during the center’s normal hours of operation, or if internet is available at the

center, access may be provided through the department's electronic database of licensing

records for the entity.

(5) Within 5 business days, the licensee shall notify the department of the separation

of a licensee designee or program administrator, and a plan for replacement of the

individual.

(6) A licensee or licensee designee with a center located in a multiple occupancy

building shall comply with section 118e of the act, MCL 722.118e.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8112 Children’s records.

Rule 112. (1) At the time of a child’s initial attendance, a center shall obtain a child

information card, using a form provided by the department or a comparable substitute,

that is completed, signed, and dated by the child’s parent and updated as changes occur.

The center shall keep current hard copies of the child information cards at the center.

(2) For children under school-age, at the time of a child’s initial attendance, a center

shall document 1 of the following, accessed through the Michigan care improvement

registry or in a paper format if the parent or guardian chooses to provide to the center in

that manner:

(a) A certificate of immunization showing a minimum of 1 dose of each

immunizing agent specified by the department of health and human services.

(b) A medical contraindication form signed by a medical doctor or doctor of

osteopathic medicine stating why the child cannot receive immunizations.

(c) A copy of a non-medical waiver on the official form prescribed by the

department of health and human services and documented in the Michigan care

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improvement registry and signed by the parent stating immunizations are not being

administered due to religious, medical, or other reasons.

(d) A paper copy of a non-medical waiver on the official form prescribed by the

department of health and human services signed by the parent stating immunizations are

not being administered due to religious, medical, or other reasons.

(3) When a child under school-aged whose immunizations cannot be completed due

to medical reasons, including, but not limited to, a dose waiting period, within 4 months

after admittance, a child may remain enrolled for a reasonable length of time that is

consistent with good medical practices. The center shall verify additional immunization

requirements are current as specified by the department of health and human services

unless there is a signed medical exemption filed certifying that the child is in the process

of complying with all immunization requirements. The medical exemption must be on

file with the center until it can be replaced with proof that the vaccines for which an

exemption was granted have been received or the medical exemption has expired.

(4) A center shall report to the department of health and human services, by October

1 of each year and using the method established by the department of health and human

services, immunizations for all children enrolled, pursuant to section 9211(2) of the

public health code, 1978 PA 368, MCL 333.9211.

(5) A record of a physical evaluation performed within the preceding 13 months

after initial attendance for infants, toddlers, and preschoolers must be retained on file and

made accessible in the center within 30 days after a child’s initial attendance. The

evaluation must note any restrictions and be signed by a physician or the physician’s

designee. An electronic record from a physician’s office is accepted.

(6) Physical evaluations must be updated every 13 months for infants and toddlers,

and every 2 years for preschoolers.

(7) For a school-age child, on enrollment and annually thereafter, a center shall

obtain and keep on file at the center a signed statement from the parent confirming all of

the following:

(a) The child is in good health with activity restrictions noted.

(b) The child’s immunizations are up to date.

(c) The immunization record or appropriate waiver is maintained on file either in the

Michigan care improvement registry or in paper format provided by the parent at the

center. For a school-age child not enrolled in a public or private school, a licensed health

care provider’s statement indicating the child is in the process of getting immunizations

must be on file at the center.

(8) A center shall ensure that, if a parent objects to a physical examination or

medical treatment on religious grounds, the parent provides a signed statement annually

that the child is in good health and that the parent assumes responsibility for the child’s

state of health while at the center.

(9) A center that enrolls a homeless child pursuant to section 722 of the McKinney-

Vento homeless assistance act, 42 USC 11432, shall not be cited for noncompliance

when a homeless child is unable to produce health and immunization records. The

licensee shall keep on file at the center any documentation of referring a child to the local

educational agency liaison for homeless children and youths.

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(10) A center shall keep on file at the center an accurate record of daily attendance at

the center that includes each child’s first and last name and each child’s arrival and

departure time.

(11) A child shall only be released to individuals authorized by the child’s parent or

guardian.

(12) A child shall be released to either parent or the child’s guardian unless a court

order prohibits release to a particular parent. A copy of the order prohibiting release

must be maintained on file at the center.

(13) A parent’s written permission for routine transportation must be obtained

annually and maintained on file at the center.

(14) A parent’s written permission for the child’s participation in field trips must be

obtained at the time of enrollment or before each field trip and maintained on file at the

center.

(15) Parents shall be notified before each field trip.

(16) For outdoor nature-based child care centers, a signed waiver by the parent that

acknowledges and accepts the potential hazards and risks associated with the center must

be maintained on file at the center.

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8112a Center records.

Rule 112a. (1) The center shall maintain accurate records detailing daily arrival and

departure times for each staff member, volunteers, therapeutic professionals, and

independent service providers.

(2) The center shall designate and keep current, in the manner prescribed by the

department, the title designations of teacher, lead teacher, site administrator, program

administrator, substitute teacher, unsupervised volunteer, supervised volunteer, or other

staff member for each individual working at the center.

(3) The records required by the act and these rules must be retained on file at the

center or at the central office, as specified in the rules, for a minimum of 2 calendar years

or longer as specified in these rules and made available to the department on request.

Verification of records must be conducted by reviewing the 2 previous calendar years

from the current license renewal year.

(4) The following records must be retained and be made available to the department:

(a) The name, address, and telephone number for each child enrolled and each staff

member and unsupervised volunteer for not less than 2 years after the individual leaves

the center.

(b) Staff and unsupervised volunteer documentation of qualifications must be

retained for not less than 2 years after the individual leaves the center.

(c) The licensing notebook must be maintained and retained until the license is

closed.

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8112b Rescinded.

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History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8113 Information provided to parents.

Rule 113. (1) A center shall provide a handbook, electronically or hard copy, to

each parent enrolling a child that includes at least all of the following:

(a) Criteria for admission and withdrawal.

(b) Schedule of operation that denotes the hours, days, and holidays during which

the center is open and services are provided.

(c) Fee policy.

(d) Discipline policy.

(e) Food service policy.

(f) Program philosophy.

(g) Typical daily routine.

(h) Parent notification plan for accidents, injuries, incidents, and illnesses.

(i) Transportation policy, if applicable.

(j) Medication policy.

(k) Exclusion policy for child illnesses.

(l) Notice of the availability of the center’s licensing notebook and that it contains

the items described in R 400.8110(4).

(2) Documentation that the parent received the handbook, as required by subrule (1)

of this rule, must be maintained on file at the center.

(3) For infants and toddlers, a center shall provide parents with a written daily

record that includes at least the following information:

(a) Food intake time, type of food, and amount eaten.

(b) Sleeping patterns indicating when and how long the child slept.

(c) Elimination patterns, including bowel movements, consistency, and frequency.

(d) Developmental milestones.

(e) Changes in the child’s usual behaviors.

(4) Parents of children with special needs may request a written daily record that

includes at least the information required by subrule (3) of this rule.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8116 Rescinded.

History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8119 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

PART 2. SPACE AND EQUIPMENT

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R 400.8121 Indoor space.

Rule 121. (1) The required square footage of indoor space per child must be at least

the following:

(a) Forty-two square feet for infants and toddlers.

(b) Thirty-five square feet for preschoolers and school-aged.

(c) Thirty-five square feet for small capacity centers, regardless of age.

(2) The following indoor space is excluded from the required square footage:

(a) Hallways.

(b) Bathrooms.

(c) Reception and office areas.

(d) Kitchens.

(e) Storage areas and closets.

(f) Areas used exclusively for resting, sleeping, or eating, except for infants and

toddlers.

(3) A center shall provide a floor plan of all child use areas to the department at

initial licensure and before making structural changes or adding any child use space.

Only space that has received prior approval for child use by the department may be used

for child care.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8122 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8125 Outdoor play area.

Rule 125. (1) The outdoor play area is considered an outdoor classroom and an

extension of the learning environment.

(2) A center operating with children in attendance for 3 or more continuous hours

per day shall provide daily outdoor play, unless prevented by inclement weather or other

weather conditions that could result in children becoming overheated or excessively

chilled.

(3) A center operating with children in attendance for 3 or more continuous hours a

day shall have an outdoor play area that has not less than 1,200 square feet. More than

1,200 square feet of outdoor play area may be required when the minimum amount is not

adequate for the number of children for which the center is licensed.

(4) If outdoor space is not available adjacent to the center, a center may use a park or

other outdoor facility. The outdoor space must meet all of the following requirements:

(a) The area must be easily accessible by a safe walking route.

(b) The play area must be inspected before each use to ensure that no hazards are

present.

(c) The location of the alternative outdoor play area must be specified in writing to

the department.

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(5) There must be a shaded area to protect children from excessive sun exposure,

when necessary.

(6) The outdoor play area must be in a safe location.

(7) The outdoor play area must be protected from hazards, when necessary, by a

fence or natural barrier that is not less than 48 inches in height.

(8) Children shall only use age-appropriate equipment.

(9) An outdoor play area and any equipment located on the center’s premises must

be maintained in a safe condition and inspected daily before use to ensure that no hazards

are present.

(10) The playground equipment, use zones, and surfacing in the outdoor play area

must be inspected by a certified playground safety inspector and an approval granted for

playground equipment and areas used before issuance of an original license, on request of

the department, and before using any newly added playground equipment. The center

shall provide documentation of the inspection to the department on request and keep it on

file at the center. All equipment present on a center playground must comply with one of

the following:

(a) Centers licensed after January 1, 2014 are required to obtain documentation of

compliance with the 2010 edition of the Consumer Protection Safety Commission

Handbook for Public Playground Safety for all playground equipment, including

equipment for children under age 2. The 2010 edition of the Consumer Protection Safety

Commission Handbook for Public Playground Safety from the United States Consumer

Product Safety Commission is adopted by reference and applies only to this subdivision

of this subrule. This handbook can be obtained for free from the United States Consumer

Product Safety Commission’s website at https://www.cpsc.gov/safety-education/safety-

guides/playgrounds/public-playground-safety-handbook, or from the United States

Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland

20814. This handbook can be inspected and obtained at no charge at the Department of

Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105

West Allegan Street, Lansing, Michigan 48933.

(b) Centers licensed prior to January 2, 2014 were required to obtain

documentation of compliance with the Consumer Product Safety Commission’s 1997

edition of the Handbook for Public Playground Safety for equipment for children age 2

and older. The 1997 edition of the Consumer Protection Safety Commission Handbook

for Public Playground Safety from the United States Consumer Product Safety

Commission is adopted by reference and applies only to this subdivision of this subrule.

This handbook can be obtained for free from the United States Consumer Product Safety

Commission’s website at https://files.eric.ed.gov/fulltext/ED427507.pdf, or from the

United States Consumer Product Safety Commission, 4330 East-West Highway,

Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at

the Department of Lifelong Education, Advancement, and Potential, Child Care

Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

(11) All pieces of playground equipment that have an elevated playing or climbing

surface, regardless of the height of the playing or climbing surface, must be surrounded

by a shock absorbing surface and meet the guidelines defined by the United States

Consumer Product Safety Commission Handbook for Public Playground Safety. The

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shock absorbing surface material may be either unitary or the loose-fill type. An

exception to this subrule is provided for natural playgrounds.

(12) Shock-absorbing surfacing materials are not required for equipment that

requires a child to be standing or sitting on the ground during play.

(13) Loose-fill surfacing material must not be installed over concrete or asphalt.

(14) The depth of the loose-fill surface material must be restored to its required

depth when it has moved or becomes otherwise compromised.

(15) If children’s wheeled vehicles and pull toys are used, a suitable surface must

be provided for their use.

(16) Materials used on a natural playground must not be in the use zones for other

playground equipment.

(17) The elevated playing surface of materials used on a natural playground must

not exceed 30 inches.

(18) Materials used on a natural playground with elevated playing surfaces must not

be installed over concrete or asphalt.

(19) Surfacing materials are not required under elevated playing surfaces on a

natural playground.

(20) A small capacity center is exempt from subrules (3), (10), and (11) of this rule.

(21) Small capacity centers shall abide by all of the following:

(a) Provide a clean, safe, and hazard-free outdoor play area on the premises or

within a reasonable walking distance of the center.

(b) Inspect the outdoor play areas daily before use to ensure that no hazards are

present.

(c) The play area size must be not less than 600 square feet.

(d) Provide an adequate and varied supply of outdoor play equipment, materials,

and furniture that meets all of the following requirements:

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

(ii) Appropriate to the number of children.

(iii) Safe and in good repair.

(e) The outdoor play area and equipment must be organized to meet all of the

following requirements:

(i) To separate active and quiet activities.

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

(iii) To ensure that there are safe distances between equipment.

(f) Playground equipment including, but not limited to, swings, climbers, and slides

with a designated play surface above 30 inches must meet all of the following

requirements:

(i) Not be placed over concrete, asphalt, or a similar surface, such as hard-packed

dirt or grass.

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

(iii) Be placed not less than 6 feet from the perimeter of other play structures or

obstacles.

(g) If the playground includes commercial playground equipment, the center needs

a playground inspection by a certified playground safety inspector and an approval

granted for playground equipment and areas used before issuance of an original license,

on request of the department, and before using any newly added playground equipment.

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The center shall provide documentation of the inspection to the department on request

and keep it on file at the center.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8128 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8131 Equipment.

Rule 131. (1) A center shall not use equipment, toys, materials, and furnishings

recalled or identified by the United States Consumer Product Safety Commission as

being hazardous. This information is available free of charge at the United States Consumer

Product Safety Commission website, www.cpsc.gov.

(2) The current list of unsafe children’s products must be conspicuously posted in

the center as an actual hard copy or electronic access to the Consumer Product Safety

Commission or its successor’s list of recalled children’s products, pursuant to section 15

of the children’s product safety act, 2000 PA 219, MCL 722.1065.

(3) Materials that have a warning label indicating the materials are toxic for

children, or to keep out of reach of children, must not be used by children.

(4) Play equipment, materials, and furniture must be all of the following

(a) Appropriate to the developmental needs and interests of children as required by

R 400.8271(2).

(b) Safe, clean, and in good repair.

(c) Child-sized or appropriately adapted for a child’s use.

(d) Easily accessible to the children.

(5) A center shall provide a minimum of 3 p l a y s p a c e s per child multiplied

by the number of children the center is licensed to serve.

(6) A minimum of 2 playspaces must be accessible per child in attendance on any

given day during child-initiated activity time.

(7) Children shall have access to equipment and materials in the following areas on a

daily basis:

(a) Large and small muscle activity.

(b) Sensory exploration.

(c) Social interaction and dramatic play.

(d) Discovery and exploration.

(e) Early math and science experiences.

(f) Creative experiences through art, music, and literature.

(8) A current and accurate equipment inventory must be provided to the department

before issuance of the original license and updated and made available at each renewal.

(9) A first aid kit must be readily accessible to staff and securely stored in the

center.

(10) A rocking chair or other comfortable, adult-sized seating must be provided for

50% of the program staff on duty who are providing infant and toddler care.

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(11) Trampolines and bounce houses must not be used by children in care at the

child care center.

(12) Teething necklaces, bracelets, or beads must not be used by children in care

at the child care center.

(13) Specialized equipment prohibited by these rules may be used by a child if

specified in their individualized family service plan or individualized education program

and in the manner described in their individualized family service plan or individualized

education program.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8134 Sleeping Equipment.

Rule 134. (1) All bedding and sleeping equipment must be appropriate for the

child, clean, comfortable, safe, and in good repair.

(2) Heavy objects that could fall on a child, such as shelving and televisions, must

not be above sleeping equipment.

(3) A crib or portable crib must be provided for all infants in care.

(4) A crib, portable crib, cot, or mat, and a sheet or blanket of appropriate size must

be provided for all toddlers and preschoolers less than 3 years of age in care.

(5) Along with a cot or a mat, a sheet or blanket of appropriate size must be

provided as follows:

(a) For all preschoolers 3 years of age and older in care for 5 or more continuous

hours.

(b) For any child in care who regularly naps.

(c) On a parent’s request for any child in care.

(6) Car seats, infant seats, swings, bassinets, and play yards are not approved

sleeping equipment.

(7) Documentation from the child’s licensed health care provider is required if a

child has a health issue or special need that requires the child to sleep in something other

than a crib or portable crib for infants or toddlers, or cot or mat for toddlers. The

documentation must include specific sleeping instructions and time frames for how long

the child needs to sleep in this manner, including an end date.

(8) Swaddling with a sleep sack swaddle attachment or swaddle wrap is allowed

only for infants up to 2 months of age. If a child has a health issue or special need that

requires the child use a swaddle attachment or swaddle wrap after the child is 2 months of

age, documentation from the child’s licensed 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, including an end date.

(9) A center shall not use stacking cribs.

(10) Cribs and portable cribs must comply with the federal product safety standards

issued by the United States Consumer Product Safety Commission.

(11) A crib or portable crib must have a firm, tight-fitting waterproof mattress.

(12) A tightly fitted bottom sheet must cover the crib or portable crib mattress with

no additional padding placed between the sheet and mattress.

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(13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other

objects that could smother a child must not be placed in, or within reach of, a crib or

portable crib with a resting or sleeping infant.

(14) Blankets must not be draped over cribs or portable cribs when in use.

(15) Cots and mats must be constructed of a fabric or plastic that is easily cleanable.

(16) All sleeping equipment and bedding must be cleaned and sanitized when soiled,

between uses by different children, and at least once a week regardless of use by different

children.

(17) When sleeping equipment and bedding are stored, both of the following apply:

(a) Sleeping surfaces must not come in contact with other sleeping surfaces.

(b) Bedding must not come in contact with other bedding.

(18) All occupied cribs, portable cribs, cots, and mats must be placed in a manner

that there is a free and direct means of egress and be spaced as follows:

(a) Cribs and portable cribs must be not less than 2 feet apart when occupied. Cribs

or portable cribs with solid-panel ends may be placed end-to-end.

(b) Cots and mats must be not less than 18 inches apart.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8137 Telephone service.

Rule 137. (1) An operable phone must be available and accessible onsite during the

hours the center is in operation.

(2) During the hours the center is in operation, a phone number known to the public

and available to parents to provide immediate access to the center must be provided.

(3) Emergency phone numbers, including 911, fire, police, Michigan Mental Health

Hotline (866-903-3783), and the poison control center, and the facility’s physical address

and 2 main cross streets, must be conspicuously posted in a place visible to staff. For

outdoor nature-based centers, emergency phone numbers including, 911, fire, police, and

the poison control center, and the emergency location for emergency medical services to

arrive must be available to all staff at all times while in operation and caring for children.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8140 Water supply; plumbing.

Rule 140. (1) The water system must comply with the requirements of the local

health department.

(2) Plumbing must be designed, constructed, installed, and maintained to prevent

cross-connection with the water system.

(3) Sinks, toilet rooms, drinking fountains, and other water outlets must be supplied

with safe water sufficient in quantity and pressure to meet conditions of peak demand.

(4) All plumbing fixtures and water and waste pipes must be properly installed and

maintained in good working condition.

(5) Each water heater must be equipped with a thermostatic temperature control and

a pressure relief valve, both of which must be in good working condition.

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History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8143 Toilets; hand washing sinks.

Rule 143. (1) A center shall provide toilet and hand washing sinks as follows:

(a) A center operating with children toddler age or older in attendance less than 5

continuous hours a day shall provide at least 1 toilet and 1 hand washing sink for every

20 children toddler age or older or fraction thereof.

(b) A center operating with children toddler age or older in attendance 5 or more

continuous hours a day shall provide at least 1 toilet and 1 hand washing sink for every

15 children toddler age or older or fraction thereof.

(2) Any center that is new, adds an infant and toddler component, or increases the

infant and toddler capacity shall have a diapering area with a readily accessible,

designated hand washing sink.

(3) A separate hand washing sink is required in the kitchen for all of the following:

(a) A new center with a food service component.

(b) A center with a food service component that remodels the kitchen.

(c) Any center that adds a food service component.

(4) Hand washing sinks for children must be accessible to children by platform or

installed at children’s level.

(5) Hand washing sinks must have warm running water not to exceed 120 degrees

Fahrenheit.

(6) Soap and single service towels or other approved hand drying devices must be

provided near hand washing sinks.

(7) Toilet rooms for school-age children must provide for privacy.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8143a Outdoor nature-based child care center toilets; hand washing

sinks.

Rule 143a. (1) Outdoor nature-based child care centers are exempt from R 400.8143.

(2) Outdoor nature-based child care centers shall have access to the use of toileting

facilities in a public park or nature center if the bathrooms are checked for cleanliness

and safety before the children’s use and the toilet seats, sinks, or other surfaces that

children touch are cleaned and disinfected daily.

(3) For the toileting options described in subrule (2) of this rule and to ensure

successful toileting and handwashing practices, a center shall ensure children have

independent access to sufficient toilets, urinals, toilet paper, handwashing equipment, and

staff support.

(4) Centers shall include a toileting policy in the parent handbook.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8143 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

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R 400.8146 Sewage disposal.

Rule 146. (1) Sewage and other water-carried wastes must be disposed of through a

municipal or private sewer system.

(2) Private sewer and septic systems must be designed and operated to safely

dispose of all wastewater generated, be adequate in size for the projected use, and meet

the criteria of the local health department.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8149 Garbage and refuse.

Rule 149. (1) All garbage must be removed from the center daily.

(2) Garbage containers must be washed when soiled.

(3) Garbage stored outside must be in sealed plastic bags in watertight containers

with tight-fitting covers or in a covered dumpster.

(4) Outside garbage and refuse must be picked up or removed at a minimum of once

a week.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8152 Heating; temperature.

Rule 152. (1) The temperature in child use areas must be maintained at a safe and

comfortable level so that children in care do not become overheated or chilled.

(2) The indoor temperature must be not less than 68 degrees Fahrenheit in child use

areas at a point 2 feet above the floor.

(3) If indoor temperatures exceed 82 degrees Fahrenheit, a center shall take

measures to cool the children.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8155 Light, ventilation, and screening.

Rule 155. (1) The total ventilation area in every habitable room, as provided by

openable windows, must be not less than 4.5% of the floor area, unless central air

conditioning is provided.

(2) If ventilation is dependent on a mechanical system, the system must be on at all

times while the building is occupied and comply with the ventilation requirements of the

applicable mechanical code of the authority having jurisdiction.

(3) Windows and doors used for ventilation must be supplied with screening of not

less than 16 mesh, which must be maintained in good repair. This subrule does not apply

to child care programs operating in school buildings.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

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R 400.8158 Premises.

Rule 158. (1) The center shall be located on land that provides good natural

drainage or that is properly drained.

(2) Stairs, walkways, ramps, landings, and porches must meet all of the following

requirements:

(a) If elevated, have barriers to prevent falls and handrails designed and

constructed for use by children.

(b) Be maintained in a safe condition relative to the accumulation of water, ice, or

snow and have nonslip surfacing.

(c) Landings must be located outside exit doors where steps or stairs are necessary

and be at least as wide as the swing of the door.

(d) Stairway steps must be not more than 8 inches in height, with a minimum tread

depth of 9 inches.

(e) Ramps, if used, must have a minimum rise-to-run ratio of 1-to-12.

(3) Doors opening to the outside must not be propped open.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8161 Maintenance of premises.

Rule 161. (1) The premises must be maintained in a clean and safe condition and

must not pose a threat to health or safety.

(2) The premises must be maintained so as to eliminate and prevent rodent and

insect harborage.

(3) Roofs, exterior walls, doors, skylights, and windows must be weathertight and

watertight and maintained in sound condition and good repair.

(4) Floors, interior walls, and ceilings must be maintained in sound condition, good

repair, and maintained in a clean condition.

(5) There must be no flaking or deteriorating paint on interior and exterior surfaces

or on equipment accessible to children.

(6) All toilet room floor surfaces must be easily cleanable and constructed and

maintained so as to be impervious to water.

(7) Light fixtures, vent covers, wall-mounted fans, and similar equipment attached to

walls and ceilings must be easily cleanable and maintained in good repair.

(8) A lead-based paint inspection and lead hazard risk assessment along with a lead

hazard risk assessment summary form provided by the department must be completed by

a certified lead risk assessor on all centers built before 1978. The assessment must be

completed for all child use areas, including any outdoor play areas. Any lead hazards

identified must be addressed and lead clearance must be performed and results provided

to the department before issuance of the original license. The results of the assessment or

assessments and the summary form or forms must be maintained on file at the center.

(9) If a center is located in a new addition to a building constructed before 1978 and

the older part of the building is never used by children in care, the center is exempt from

subrule (8) of this rule if the center submits a statement to the department that the part of

the building constructed before 1978 will not be used by children in care.

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(10) A center shall adopt and implement an integrated pest management policy

pursuant to section 8316 of the natural resources and environmental protection act, 1994

PA 451, MCL 324.8316.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8164 Poisonous or toxic materials.

Rule 164. Containers of poisonous or toxic materials must be clearly labeled for

easy identification of contents and stored out of reach of children. This includes chemical

sanitizers and disinfectants.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8167 Smoking or vaping.

Rule 167. (1) Smoking and vaping must not occur at any time in or during both of

the following:

(a) In the child care center or on real property that is under the control of the center

and on which the center is located.

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

(2) A center shall post a notice in a place accessible and visible to parents, staff, and

visitors stating that smoking and vaping are prohibited in the center and on the center’s

property.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8170 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8173 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8176 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8179 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

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R 400.8182 Rescinded.

History: 2013 AACS; 2019 AACS; 2022 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8185 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8188 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8191 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

PART 3. STAFFING

R 400.8201 Comprehensive background check; fingerprinting.

Rule 201. (1) Pursuant to sections 5n and 5q of the act, MCL 722.115n and

722.115q, before an individual has unsupervised contact with children, the department

shall determine the individual’s eligibility to be any of the following:

(a) A licensee.

(b) A licensee designee.

(c) A child care staff member.

(d) An unsupervised volunteer.

(2) An applicant or licensee shall do all of the following:

(a) Ensure that each individual who requires an eligibility determination 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.

(b) Maintain on file at the center or the central office, a copy of the completed and

signed form or forms for each individual entered into the child care background check

system under the license.

(c) Provide to the department, on request, a copy of the individual’s completed and

signed form or forms.

(d) Establish and activate an account and accurately enroll each individual listed in

subrule (1) of this rule in the child care background check system.

(e) Complete and maintain the connection, disconnection, or withdrawn status of

each individual associated with the license within the department’s child care background

check system.

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(f) Immediately disconnect each individual within the department’s child care

background check system once the individual is no longer a licensee, licensee designee,

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 pursuant to sections 5n(8) and 5q of the act, MCL

722.115n and 722.115q, and shall always be supervised by the licensee or an eligible

child care staff member.

(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 center.

(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) Gender.

(m) Race.

(n) Current address.

(o) If the individual resided outside this state during the last 5 years, 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) Other information determined 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 allowed by law.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8201a Department; information; eligibility.

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Rule 201a. The department may request information from an applicant, licensee,

licensee designee, child care staff member, or unsupervised volunteer regarding any of

the conditions listed in sections 5n, 5q, 5r, and 11 of the act, MCL 722.115n, 722.115q,

722.115r, and 722.121, and any similar or equivalent conditions that occurred in another

state or legal jurisdiction where the individual resided, on a form prescribed by the

department, and limited to information necessary to ascertain whether the individual is

ineligible under the statutory requirements.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8201a 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8201b Eligibility determination; individual who resided out of the United

States; self-certifying statement.

Rule 112b. An individual who requires an eligibility determination pursuant to

section 5n of the act, MCL 722.115n, and resided out of the United States within the

preceding 5 years, shall also, pursuant to section 5n(2) of the act, MCL 722.115n,

complete, sign and submit, on a form prescribed by the department, a self-certifying

statement that the individual does not have any of the disqualifying conditions set forth in

sections 5n, 5q, 5r, and 11 of the act, MCL 722.115n, 722.115q, 722.115r, and 722.121.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8204

Early childhood center, small capacity child care center, and

outdoor nature-based child care center program administrator qualifications;

responsibilities.

Rule 204. (1) Before hiring a new program administrator, a licensee or licensee

designee shall submit the credentials of the proposed program administrator to the

department for review and approval in the manner prescribed by the department.

(2) All program administrators are responsible for the general management of the

center, including the following minimum responsibilities:

(a) Developing, implementing, and evaluating program and center policies.

(b) Administering day-to-day operations, including being available to address

parent, child, and staff issues.

(c) Monitoring staff, including annual evaluations.

(3) A program administrator can oversee multiple sites if all of the following are

met:

(a) Is immediately available for not less than 5 sessions during 30 consecutive open

days within the center. Consecutive open days do not include days that are closed for

holidays, planned closed days, or emergency closures.

(b) Maintain written documentation of visits, including dates and times.

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(c) Appoint a site administrator when the program administrator is not on the

premises.

(4) A program administrator of a single site shall appoint a staff-in-charge when the

program administrator is not on the premises and is responsible for supervising the

operation of the center including, but not limited to, having the authority to respond to

emergencies, inspections, parental concerns, and have access to all required information.

(5) A staff-in-charge shall be present at the center during all hours of operation when

the program administrator, who is overseeing a single site, is not on the premises.

(6) A substitute program administrator shall be appointed for a program

administrator who has left employment or has a temporary absence that exceeds 30

consecutive workdays until return or replacement, which must not exceed the a g r e e d -

o n timeframe.

(7) The department shall be notified when a substitute program administrator is

appointed.

(8) A substitute program administrator shall at least meet the qualifications of lead

teacher.

(9) A program administrator shall have all of the following qualifications:

(a) Be not less than 21 years of age.

(b) Have a high school diploma or general equivalency diploma (GED).

(c) Have not less than 2 semester hours or 3.0 CEUs in child care administration

within 6 months of hire.

(10) A program administrator is exempt from subrule (2)(c) of this rule if there is a

central administrator that complies with both of the following:

(a) Meets the requirements of a program administrator in subrule (9) of this rule.

(b) Is responsible for subrules (2)(a) and (c) of this rule.

(11) A program administrator of a small capacity center shall meet 1 of the following

to be qualified:

(a) All of the following:

(i) A minimum of 1 year of experience.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(C) Teaching and learning.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(C) Trauma informed practices.

(iv) Works in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 6 months of experience.

(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of

coursework in child care administration, early childhood education, child development, youth

development, or a child-related field. Up to 30 hours of MiRegistry-approved training may

be used to meet these requirements.

(iii) Works in a center that participates in great start to quality.

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(c) A valid child development associate credential, Montessori credential, Michigan

youth development associate certificate or credential, infant family associate credential, or

associate degree or higher in any field of study.

(12) A program administrator of an early childhood center or outdoor nature-based

child care center shall meet 1 of the following to be qualified:

(a) All of the following:

(i) A minimum of 3 months of experience.

(ii) A valid child development associate credential, Montessori credential, infant

family associate credential, or associate degree in a child-related field.

(iii) Works in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 6 months of experience.

(ii) An associate degree or higher in any field of study.

(iii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(C) Teaching and learning.

(iv) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(C) Trauma informed practices.

(v) Works in a center that participates in great start to quality.

(c) A bachelor’s degree or higher in a child-related field.

(13) A program director who was qualified on the director’s date of hire remains

qualified as a program administrator as of the effective date of this rule as long as the

program director remains continuously employed as a program administrator at the center

or at another licensed center without a break in service of more than 180 days. Any

variances approved as of the effective date of this rule remain effective and timeframes

required in the variance must be met. Any variance requirements not completed by 4

years after the effective date of this rule will be voided.

(14) A substitute director who was qualified on the substitute's director’s date of hire

remains qualified as a substitute program administrator as of the effective date of this rule

as long as the substitute director remains continuously employed as a substitute program

administrator at the center or at another licensed center without a break in service of more

than 180 days. Any variances approved as of the effective date of this rule remain

effective and timeframes required in the variance must be met. Any variance

requirements not completed by 4 years after the effective date of this rule will be voided.

(15) Verification of the qualifications of the program administrator, substitute

program administrator, and the central administrator if the option in subrule (8) of this

rule is used, must be maintained on file at the center or at the central office until 2 years

after the effective date of this rule, after which qualifications must be reflected as verified

in MiRegistry.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8204 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

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containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8207

Early childhood center, small capacity child care center, and

outdoor nature-based child care center site administrator; qualifications.

Rule 207. (1) A site administrator shall be present at the center during all hours of

operation when the program administrator, who is overseeing multiple sites, is not on the

premises.

(2) Site administrators are responsible for the daily operation and implementation of

the site program, supervision of the site staff, and overall care and supervision of

children.

(3) Site administrators shall assist the program administrator in all of the following:

(a) Developing, implementing, and evaluating program and center policies.

(b) Administering day-to-day operations, including being available to address

parent, child, and staff issues.

(c) Monitoring and overseeing staff.

(4) Site administrators shall meet both of the following qualifications:

(a) Be not less than 19 years of age.

(b) Have a high school diploma or GED.

(5) Site administrators shall meet 1 of the following to be qualified:

(a) All of the following:

(i) A minimum of 6 months of experience.

(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of

coursework in child care administration, early childhood education, child development,

youth development, or a child-related field. Up to 30 hours of training from MiRegistry

may be used to meet these requirements.

(iii) Works in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 3 months of experience.

(ii) A valid child development associate credential, Montessori credential, infant

family associate credential, or associate degree in a child-related field.

(iii) Work in a center that participates in great start to quality.

(c) All of the following:

(i) An associate degree or higher in any field of study.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(C) Teaching and learning.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance

(B) Challenging behaviors.

(C) Trauma informed practices.

(6) A site supervisor who was qualified on the site supervisor’s date of hire remains

qualified as a site administrator of the effective date of this rule as long as the site

supervisor remains continuously employed as a site supervisor at the center or at another

licensed center without a break in service of more than 180 days.

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(7) Verification of the qualifications must be maintained on file at the center or at the

central office until 2 years after the effective date of this rule, after which qualifications

must be reflected as verified in MiRegistry.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8207 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8210 Lead teacher; qualifications; responsibilities.

Rule 210. (1) Lead teachers are required only for groups of children who are

preschool-age and younger.

(2) Lead teachers are responsible for both of the following:

(a) Overseeing the planning, implementation, and evaluation of the classroom

program and child assessment.

(b) Overseeing child care staff members for a specific group of children and overall

care and supervision of children.

(3) At least 1 lead teacher shall be assigned to each group of children in a self-

contained or well-defined space and be present and provide care in the assigned group in

the following manner:

(a) Full time for programs operating less than 6 continuous hours.

(b) Not less than 6 hours per day for programs operating 6 or more continuous

hours.

(4) A substitute for a lead teacher shall be appointed for a lead teacher who has left

employment or has a temporary absence that exceeds 30 consecutive workdays until

return or replacement. A substitute lead teacher has 90 days from appointment to meet

the qualifications of a lead teacher.

(5) Lead teachers shall have both of the following qualifications:

(a) Be not less than 19 years of age.

(b) Have a high school diploma or GED.

(6) A lead teacher shall meet 1 of the following to qualify:

(a) All of the following:

(i) A minimum of 1 year of experience.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(C) Teaching and learning.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(C) Trauma informed practices.

(iv) Works in a center that participates in great start to quality.

(b) All of the following:

(i) A minimum of 6 months of experience.

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(ii) 6 semester hours, 9 CEUs, or a combination to equal 90 clock hours of

coursework in child care administration, early childhood education, child development, or a

child-related field. Up to 30 hours of MiRegistry-approved training may be used to meet

these requirements.

(iii) Works in a center that participates in great start to quality.

(c) All of the following:

(i) A valid child development associate credential, Montessori credential, infant

family associate credential, or associate degree or higher in any field of study.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(C) Teaching and learning.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(C) Trauma informed practices.

(7) Small capacity centers are exempt from subrule (6) of this rule.

(8) A lead teacher in a small capacity center shall meet 1 of the following to qualify:

(a) All of the following:

(i) A minimum of 3 months of experience.

(ii) 3 hours of MiRegistry approved training in each of the following areas:

(A) Program management.

(B) Observation, documentation, and assessment.

(C) Teaching and learning.

(iii) 6 hours of MiRegistry approved training in any of the following areas:

(A) Interactions and guidance.

(B) Challenging behaviors.

(C) Trauma informed practices.

(iv) Works in a center that participates in great start to quality.

(b) Both of the following:

(i) 3 semester hours, 4.5 CEUs, or a combination to equal 45 clock hours of

coursework in child care administration, early childhood education, child development,

or a child-related field or an associate degree or higher in any field of study. Up to 30

hours of MiRegistry-approved training may be used to meet these requirements.

(ii) Works for a center that participates in great start to quality.

(9) A lead teacher who was qualified on the lead teacher’s date of hire remains

qualified as of the effective date of this rule as long as the lead teacher remains

continuously employed as a lead teacher at the center or at another licensed center

without a break in service of more than 180 days. Any variances approved as of the

effective date of this rule remain effective and timeframes required in the variance must

be met. Any variance requirements not completed by 4 years after the effective date of

this rule must voided.

(10) Lead teachers for infants and toddlers shall have 3 semester hours, 4.5 CEUs, or

45 hours of MiRegistry-approved track of infant and toddler development and care

practices within 6 months of hire.

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(11) Verification of the qualifications of each lead teacher must be maintained on

file at the center or at the central office 2 years after the effective date of this rule, after

which qualifications must be reflected as verified in MiRegistry.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8213 Staff; volunteer.

Rule 213. (1) All staff and volunteers present at the center shall:

(a) Provide appropriate care and supervision of children at all times.

(b) Act in a manner that is conducive to the welfare of children.

(c) Make an immediate verbal report to the department of health and human

services, children’s protective services, by telephone at 1-855-444-3911, on reasonable

cause to suspect child abuse or child neglect. The verbal report must be followed by

submission of a written report within 72 hours of the verbal report.

(d) Sign and date a written statement at the time of hiring or before volunteering

and indicate all of the following information:

(i) The individual is aware that abuse and neglect of children is against the law.

(ii) The individual is informed of the center’s policies on child abuse and neglect.

(iii) The individual knows they are mandated reporters of child abuse and child

neglect and are required by law to immediately report suspected abuse and neglect to the

department of health and human services, children’s protective services, as described in

subdivision (c) of this subrule.

(2) All supervised volunteers shall receive a public sex offender registry clearance

by the licensee against the Michigan State Police Sex Offender Registry or the Dru

Sjodin National Sex Offender Public Website before having any contact with a child in

care. A copy of this clearance must be maintained on file at the center or at the central

office.

(3) A licensee shall have a written policy regarding screening and supervision of

staff and volunteers, including volunteers who are parents of a child in care. The policy

must include a statement that any staff or volunteer registered on either the Michigan

State Police Sex Offender Registry or the Dru Sjodin National Sex Offender Public

Website is prohibited from having contact with any child in care.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8213 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8213a MiRegistry.

Rule 213a. (1) Within 30 calendar days after employment, all program staff,

unsupervised volunteers, and substitute teachers shall have an individual MiRegistry

account and a non-expired MiRegistry membership status, which includes submitted,

materials received, awaiting print, or current.

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(2) Within 30 calendar days after employment, all program staff, unsupervised

volunteers, and substitute teachers shall have a verified program organization

employment entry in MiRegistry.

(3) Verification of the qualifications of all staff must be maintained on file at the

center or at the central office 2 years after the effective date of this rule, after which

qualifications must be verified in MiRegistry.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8216 Orientation.

Rule 216. (1) Program staff and unsupervised volunteers shall participate in the

center’s orientation training about the center’s policies and practices and these rules.

(2) Within 30 calendar days after being present at the center and before caring for

children, program staff and unsupervised volunteers shall have training on all of the

following, as applicable:

(a) The prevention of shaken baby syndrome, if the center serves infants and

toddlers.

(b) The prevention of sudden infant death syndrome and use of safe sleep practices,

if the center serves infants and toddlers.

(c) The prevention of abusive head trauma.

(d) The prevention of child maltreatment.

(e) The recognition and reporting of child abuse and neglect.

(3) Within 30 calendar days after being present at the center and before caring for

children unsupervised, program staff and unsupervised volunteers shall have training on

all of the following:

(a) Who to contact for questions.

(b) Discipline policy.

(c) Emergency procedures to include, but not limited to, location of first aid

equipment, fire prevention, fire exits, and responsibilities during an emergency.

(d) Information to provide to parents.

(e) Appropriate care and supervision, including child care staff member to child

ratios.

(f) Daily schedules, such as planned daily activities and routines.

(g) Health policies and procedures.

(h) The prevention and control of infectious diseases, including immunizations.

(i) Illness procedures for children and staff.

(j) Diapering procedures, only if applicable to children served.

(4) Within 90 days after being present at the center and before caring for children

unsupervised, program staff and unsupervised volunteers shall be trained on emergency

preparedness and response planning as described in R 400.8269.

(5) Within 90 days after being present at the center, all other staff and supervised

volunteers shall be trained on emergency preparedness and response planning as

described in R 400.8269.

(6) Within 90 days after being present at the center and before caring for children

unsupervised, program staff and unsupervised volunteers shall complete the following

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trainings, which are allowed to be counted toward annual professional development hours

and are available at MiRegistry:

(a) Administration of medication.

(b) Prevention of and response to emergencies due to food and allergic reactions as

provided in R 400.8269a.

(c) Building and physical premises safety, including identification of and protection

from hazards, bodies of water, and vehicular traffic.

(d) Handling and storage of hazardous materials and appropriate disposal of

biocontaminants.

(e) Precautions in transporting children if the center has a transportation component.

(f) Child development including the major domains of cognitive, social, emotional,

physical development, and approaches to learning as provided in R 400.8271.

(g) Pediatric first aid and pediatric, infant, child, and adult cardiopulmonary

resuscitation training.

(7) Before issuing a license to operate a child care center, and before the renewal of

a license, the department shall verify that not less than 50% of the program staff are

currently certified in pediatric first aid and pediatric, child, and adult cardiopulmonary

resuscitation. Each of these program staff’s first aid and cardiopulmonary resuscitation

certificates must be valid and retained on file in the center or at the central office until 2

years after the effective date of this rule, after which they must be made available online

at MiRegistry.

(8) Before caring for children, program staff and unsupervised volunteers of outdoor

nature-based child care centers shall be trained on the outdoor benefit-risk assessment

and the risk management plan as indicated in R 400.8269b.

(9) Outdoor nature-based child care centers operating more than 30 minutes from

emergency medical care shall have at least 1 program staff present at all times trained in

wilderness first aid.

(10) In regard to subrules (3) to (9) of this rule, as applicable to the type of center,

until a program staff member or unsupervised volunteer has completed the orientation

training, the program staff member or unsupervised volunteer shall be supervised by a

program staff member who has completed the orientation training.

(11) Verification of all training required by this rule must be maintained on file at

the center or at the central office until 2 years after the effective date of this rule, after

which qualifications must be reflected as verified in M i R e g i s t r y .

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8216 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8216a Professional development requirements.

Rule 216a. (1) Program staff, except for substitute teachers and unsupervised

volunteers, shall complete 16 clock hours of professional development in a calendar year

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on topics relevant to job responsibilities that include, but are not limited to, any of the

following subjects:

(a) Child development and learning.

(b) Health, safety, and nutrition.

(c) Family and community collaboration.

(d) Program management.

(e) Teaching and learning.

(f) Observation, documentation, and assessment.

(g) Interactions and guidance.

(h) Updates to topics covered in R 400.8216.

(i) Child care center rules R 400.8101 to R 400.8840, as applicable to the center.

(2) Program staff of small capacity centers, except for substitute teachers and

unsupervised volunteers, shall complete 10 clock hours of professional development in a

calendar year on topics relevant to job responsibilities that include, but are not limited to,

any of the topics in subrule (1) of this rule.

(3) Substitute teachers that work an average of 20 hours a week in a calendar year

shall complete 10 clock hours of professional development in a calendar year on topics

relevant to job responsibilities that include, but are not limited to, any of the topics in

subrule (1)of this rule.

(4) Substitute teachers that work less than an average of 20 hours a week in a

calendar year shall complete 5 clock hours of professional development in a calendar

year on topics relevant to job responsibilities that include, but are not limited to, any of

the topics in subrule (1)of this rule.

(5) Unsupervised volunteers shall complete 2 clock hours of professional

development in a calendar year on topics relevant to job responsibilities that include, but

are not limited to, any of the topics in subrule (1)of this rule.

(6) A center may count CPR and first aid training or certification hours toward the

professional development hours in the calendar year taken.

(7) Hours from MiRegistry may be used to meet the professional development

requirements in subrules (1) to (5) of this rule.

(8) A center may count emergency preparedness and response planning training

toward professional development hours and is available at MiRegistry.

(9) An on-going professional development plan must be implemented to include all

the training and professional development required by these rules.

(10) On-line trainings and correspondence courses must have an assessment of

learning.

(11) Verification of all professional development required by this rule must be

maintained on file at the center or at the central office until 2 years after the effective date

of this rule, after which qualifications must be reflected as verified in

M i R e g i s t r y . Verification must be issued from the training organization or trainer

and include the date of the course, the name of the training organization or trainer, the

topic covered, and the number of clock hours. Verification of professional development

for a program staff member must be conducted by reviewing the 2 previous calendar

years from the current license renewal year.

(12) Two years after the effective date of this rule, all training to meet professional

development requirements must be approved in MiRegistry.

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(13) When the department publishes a notice that a new health and safety update

document or a new health and safety update training activity is published on MiRegistry,

the licensee shall ensure that all identified staff or volunteers in the notice read and

acknowledge the document or complete the activity within the timeframe indicated in the

notice.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8219 Sleeping, resting.

Rule 219. (1) Children under 3 years of age shall be provided opportunities to rest

regardless of the number of hours in care.

(2) A center shall allow children under 18 months of age to sleep on demand.

(3) Infants shall rest or sleep alone in cribs or portable cribs.

(4) Infants shall be placed on their backs for resting and sleeping.

(5) 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 face down.

(6) 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 are allowed

to adopt whatever position they prefer for sleep.

(7) For an infant who cannot rest or sleep on her or his back due to disability or

illness, written instructions, signed by the infant’s licensed health care provider, detailing

an alternative safe sleep position or other special sleeping arrangements for the infant

must be followed and maintained on file at the center. The instructions must include an

end date.

(8) A sleeping infant’s breathing, sleep position, and bedding must be monitored

frequently for possible signs of distress.

(9) An infant’s head shall remain uncovered during sleep.

(10) Toddlers shall rest or sleep alone in cribs, portable cribs, or on mats or cots.

(11) Infants and toddlers who fall asleep in a space that is not approved for sleeping

shall be moved to approved sleep equipment appropriate for their age and size.

(12) Naptime or quiet time must be provided when children under school-age are in

attendance 5 or more continuous hours per day.

(13) For children under school-age who do not sleep at rest time, quiet activities,

such as books or puzzles, must be provided.

(14) Resting or sleeping areas must have adequate soft lighting to allow the child

care staff member to assess children.

(15) Video surveillance equipment and baby monitors must not be used in place of

subrule (8) of this rule and R 400.8213(1).

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8219 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

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R 400.8222 Capacity, ratio and group size.

Rule 222. (1) The actual number and ages of children in care at any time must

never exceed the number and ages of children for which the center is licensed.

(2) Not less than 2 adults, 1 of whom is a child care staff member, shall be present at

all times when not less than 3 c h i l d r e n b e t w e e n t h e a g e s o f b i r t h a n d 3

y e a r s o f a g e a r e p r e s e n t . A second child care staff member is required when

needed to comply with subrule (4) of this rule.

(3) Not less than 2 adults, 1 of whom is a child care staff member, shall be present at

all times w h e n 7 o r m o r e c h i l d r e n o v e r 3 y e a r s o f a g e a r e p r e s e n t .

A second child care staff member is required when needed to comply with subrule (4) of

this rule.

(4) In each room or well-defined space, the maximum group size and ratio of child

care staff members to children, including children related to a staff member or the

licensee, must be as shown in Table 1:

TABLE 1

Age

Child

Care

Staff

Maximum

Group Size

Member to Child Ratio

1 to 4

(a)

(b)

(c)

(d)

(e)

Infants and toddlers, birth until 30

12

24

30

40

54

months of age

Preschoolers, 30 months of age until

3 years of age

Preschoolers, 3 years of age until 4

years of age

Preschoolers, 4 years of age until

school-age

School-aged children

1 to 8

1 to 10

1 to 12

1 to 18

(5) Children who have reached 33 months of age may, when developmentally

appropriate, be enrolled in a 3-year-old classroom with written parental permission. The

ratio listed in subrule (4)(c) of this rule applies.

(6) Children who have reached 45 months of age may, when developmentally

appropriate, be enrolled in a 4-year-old classroom with written parental permission. The

ratio listed in subrule (4)(d) of this rule applies.

(7) Children who have reached 57 months of age but who are not considered a

school-aged child may, when developmentally appropriate, be enrolled in a school-age

classroom with written parental permission. The ratio listed in subrule (4)(e) of this rule

applies.

(8) If there are children of mixed ages in the same room or well-defined space, the

ratio and group size is determined by the age of the youngest child, unless each group of

children is clearly separated and the appropriate child care staff member-to-child ratios

and group sizes, if applicable, for each age group are maintained.

(9) When all children in a room are asleep, 1 child care staff member may provide

supervision as long as all of the following are met:

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(a) A child care staff member remains in the room and is not performing any duties

other than supervision.

(b) All children are visible to the child care staff member in the room.

(c) Additional child care staff members are present at the center and near enough to

immediately intervene if needed.

(d) When the first child wakes up, the required ratios in the room must be met

immediately.

(10) An exception to the requirements of subrule (4) of this rule may be made when

the center is transporting children and complies with R 400.8760(1) and (2).

(11) Two or more groups of the same age may be combined for collective activities

as long as appropriate child care staff member-to-child ratios are maintained in the room

or area.

(12) Group sizes for all ages may vary during outdoor play only if the center

maintains the child care staff member to child ratios required by this rule.

(13) Written approval from the department must 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.

(14) Small capacity centers are exempt from subrules (2) to (11) of this rule.

(15) Small capacity centers shall abide by all of the following:

(a) The ratio of child care staff member to children present at any one time must be

a minimum of 1 to 6.

(b) The ratio of child care staff member to children present at one time may be a

minimum of 1:10 if the center meets both of the following:

(i) Operates a preschool great start readiness program.

(ii) Only serves children enrolled in the great start readiness program.

(c) For each child care staff member, not more than 4 children shall be under the

age of 30 months.

(d) The maximum group size is 20.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8222 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

PART 4. GENERAL HEALTH AND SAFETY

R 400.8251 Hand washing.

Rule 251. (1) All program staff and volunteers shall wash their hands at all of the

following times:

(a) On arrival for the workday at the center.

(b) Before care of children.

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(c) Before and after preparing and serving food and feeding children.

(d) Before and after giving medication.

(e) After each diapering.

(f) After using the toilet or helping a child use the toilet.

(g) After handling bodily fluids from sneezing, wiping, blowing noses, mouths, or

sores.

(h) After handling animals and pets and cleaning cages.

(i) After cleaning or handling garbage.

(j) When soiled.

(2) Program staff and volunteers 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 handling animals and pets and cleaning cages.

(e) When soiled.

(3) Guidelines for hand washing must be posted in food preparation areas, in toilet

rooms, and by all hand washing sinks.

(4) Program staff may wash children’s hands with non-toxic disposable wipes in

the following situations:

(a) When the child is too heavy to hold for hand washing.

(b) When the child cannot stand safely at the sink.

(c) When the child is not developmentally ready to hold their head up.

(d) When the child has a special need, so the child is not able to wash their own

hands.

(5) When soap and running water are not available during an outing, hand

sanitizers containing not less than 60% alcohol, or single-use wipes may be used as a

temporary measure.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8254 Diapering; toileting.

Rule 254. (1) Except as provided in subrule (2) of this rule, diapering must occur

in a designated diapering area that complies with all of the following:

(a) Is physically separated from food preparation and food service.

(b) Is within close proximity to a sink that is used exclusively for hand washing.

(c) Has non-absorbent, smooth, easily cleanable surfaces in good repair.

(d) Is of sturdy construction with railings or barriers to prevent falls.

(e) Is an elevated diapering table or similar structure.

(f) Is cleaned and disinfected after each use.

(2) Children 1 year of age and older may be changed in a bathroom standing up or

on a nonabsorbent, easily disinfected surface, with a changing pad between the child and

the surface.

(3) Diapering supplies must be within easy reach of the designated diapering area.

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(4) A plastic-lined, tightly covered container must be used exclusively for disposable

diapers, training pants, and diapering supplies. The container must be emptied, cleaned,

and disinfected at the end of each day.

(5) Only single-use disposable wipes or other single-use cleaning cloths must be

used to clean a child during the diapering or toileting process.

(6) Diapers and training pants must be checked frequently and changed when wet or

soiled.

(7) Guidelines for diapering must be posted in diapering areas.

(8) Disposable gloves, if used for diapering, must 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.

(9) The following 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 and with wet or

soiled training pants, if used.

(b) Diapers, training pants, and outer coverings must not be reused until washed and

sanitized.

(c) Rinsing the contents must not occur at the center.

(d) Soiled diapers must be placed in a plastic-lined, covered container, wet bag, or

other waterproof container, and 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 other items and must not be accessible to children.

(f) Soiled diapers or training pants must be removed from the center every day by

the child’s parent.

(g) A child’s supply of clean diapers or training pants may only be used for that

child.

(10) Toilet learning or training must be planned cooperatively between the child’s

regular teachers and the child’s parent so the toilet routine established is consistent

between the center and the child’s home.

(11) Equipment used for toilet learning or training must be provided. All of the

following equipment is acceptable for toilet learning or training:

(a) Adult-sized toilets with safe and easily cleanable modified toilet seats and step

aids.

(b) Child-sized toilets.

(c) Non-flushing toilets or potty chairs, if they are all of the following:

(i) Made of a material that is easily cleanable.

(ii) Used only in a bathroom area.

(iii) Used over a surface that is impervious to moisture.

(iv) Cleaned and disinfected after each use.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8254 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

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R 400.8257 Biocontaminants.

Rule 257. A center shall use standard precautions regarding prevention, exposure,

and disposal of biocontaminants.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8260 Medication; administrative.

Rule 260. (1) Medication, prescription or nonprescription, must be given to a child

by program staff only.

(2) Program staff shall give or apply medication, prescription or nonprescription,

only with prior written permission from a parent.

(3) All medication must be in its original container, stored according to instructions,

and clearly labeled for a named child, including all nonprescription topical medications

described in subrule (8) of this rule.

(4) Prescription medication must have the pharmacy label indicating the physician’s

name, child’s first and last name, instructions, name and strength of the medication, and

must be given according to those instructions.

(5) Program staff shall keep all medication out of the reach of children and return it

to the child’s parent or destroy it if the parent determines it is no longer needed or it has

expired.

(6) Program staff shall give or apply any prescription or nonprescription medication

according to the directions on the original container, unless otherwise authorized by a

written order from the child’s licensed health care provider.

(7) Program staff shall not add medication to a child’s bottle, beverage, or food

unless indicated on the prescription label.

(8) Topical nonprescription medication, including, but not limited to, diapering

cream, triple antibiotic, sunscreen, and insect repellant, requires written parental

authorization annually.

(9) A center shall maintain a record as to the time and the amount of medication given

or applied, with the exception of medications described in subrule (8) of this rule, on a

form provided by the department or a comparable substitute approved by the department.

One form per medication is required. The signature of the program staff administering the

medication must be included.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8260 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8263 Child accidents and incidents; child and staff illness.

Rule 263. (1) A center shall develop and implement a written plan for how and

when a parent is notified if program staff or volunteers observe any of the following:

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(a) Changes in a child’s health.

(b) A child experiences an accident, injury, or incident.

(c) A child is too ill to remain in the group.

(2) A center shall ensure that a child who is too ill to remain in the group is placed in

a separate area and is cared for and supervised by program staff or an unsupervised

volunteer until the parent arrives. The separate area may be an unlicensed space such as

the office area, reception area, or hallway but supervision must occur during this time.

Food preparation areas may not be used.

(3) Items and facilities used by an ill child or adult must not be used by another

individual until cleaned and disinfected.

(4) If a center becomes aware that a staff member, volunteer, or child in care has

contracted a communicable disease, the center shall notify parents and provide all of the

following information:

(a) The name of the communicable disease the children were exposed to.

(b) The symptoms of the disease.

(c) Prevention measures as recommended by the United States Centers for Disease

Control and Prevention at the following website: https://www.cdc.gov.

(5) A center shall have a written policy detailing when children, staff, and volunteers

will be excluded from the center due to illness.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8266 Incident, accident, injury, illness, death, fire.

Rule 266. (1) I f t h e death of a child occurs in care, a licensee, licensee designee,

or program administrator shall do both of the following:

(a) Immediately report the death, in-person or via phone, directly to the child’s

parent.

(b) Report the death to the department within 24 hours, via phone.

(2) A licensee, licensee designee, or program administrator shall report to the child’s

parent on the same day of the incident and to the department within 24 hours, directly or

via phone, fax, or email, if a child is lost or left unsupervised.

(3) A licensee, licensee designee, or program administrator shall report to the child’s

parent and the department, directly or via phone, fax, or email, within 24 hours of the

occurrence of any of the following:

(a) An incident involving an allegation of inappropriate contact.

(b) A fire on the premises of the center that requires the use of fire suppression

equipment or results in loss of life or property.

(c) The center is evacuated for any reason.

(4) A licensee, licensee designee, or program administrator shall report to the

department, via phone, fax, or email, within 24 hours of notification by a parent that a

child received medical treatment or was hospitalized for an injury, accident, or medical

condition that occurred while the child was in care.

(5) A licensee, licensee designee, or program administrator shall submit a written

report to the department of the occurrences outlined in subrules (1) to (4) of this rule, in a

format provided by the department, within 72 hours of the verbal report to the

department.

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(6) A licensee, licensee designee, or program administrator shall keep a copy of the

report on file at the center.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8266 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8269 Emergency preparedness and response planning procedures.

Rule 269. (1) Written plans and procedures for emergency preparedness and

response planning for the care of children and staff in each of the following emergencies

must be developed and implemented:

(a) Fires.

(b) Tornadoes.

(c) Floods.

(d) Power outages.

(e) Extreme weather events.

(f) Other natural or man-made disasters.

(g) Serious injuries or accidents.

(h) Bomb threats and other man-made emergencies.

(i) Intruders or active shooters.

(2) The written procedures must include all the following as applicable to the type of

emergency:

(a) A plan for evacuation.

(b) A plan for safely moving children to a relocation site.

(c) A plan for shelter-in-place.

(d) A plan for lockdown.

(e) A plan for contacting parents and reuniting families.

(f) A plan for continuity of operations.

(g) A plan for how each child with special needs will be accommodated during an

emergency.

(h) A plan for how infants and toddlers will be accommodated during an

emergency.

(i) A plan for how children with chronic medical conditions will be accommodated

during an emergency.

(3) A hard copy of the plans must be posted as indicated below:

(a) The plans required by subrules (1)(a) to (d) of this rule must be posted in a place

visible to staff, volunteers, and parents.

(b) The plans required by subrules (1)(e) to (h) of this rule must be maintained in a

place known and easily accessible to staff, volunteers, and parents.

(c)The plan required by subrule (1)(i) of this rule must be maintained in a place

known and easily accessible to staff and volunteers.

(4) Training on the written procedures in subrule (1) of this rule must occur in the

timeframe indicated in R 400.8216(3) and (4).

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(5) All staff present at the center and volunteers shall be trained on and participate in

the drills held during their presence at the center.

(6) A fire drill program, consisting of not less than 1 fire drill every 3 months, must

be established and implemented.

(7) A tornado drill program, consisting of not less than 2 tornado drills between the

months of March to November, must be established and implemented.

(8) Drills for other emergency plans not listed in subrules (6) and (7) of this rule

must be conducted annually.

(9) A written log indicating the date and time of each drill must be maintained on

file at the center.

(10) Staff shall be trained not less than twice a year on their duties and

responsibilities for all emergency procedures referenced in subrule (1) of this rule.

(11) If cribs are used in emergency evacuations, all doors within the means of egress

must be wide enough to readily accommodate the crib evacuation.

(12) If the fire alarm is not monitored, 9-1-1 must be contacted immediately on

notice.

(13) Centers established and operated by an intermediate school district or local

school district, and located in a school building, may use the school’s emergency

preparedness plan or drills, or both, if they meet all of the requirements in this rule.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8269 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8269a Food.

Rule 269a. (1) A written plan for the prevention of and response to emergencies due

to food and allergic reactions must be developed and implemented to include a child care

plan, prevention measures, and emergency procedures.

(2) The child’s care plan must include all of the following, at a minimum:

(a) The child’s name with a list of their food allergies.

(b) The names, doses, and methods of medication administration the child should

receive if there is a reaction.

(c) Training on the recognition of the child’s allergic reaction.

(3) The child’s care plan must be carried on field trips.

(4) The prevention measures must include all of the following, at a minimum:

(a) Notify parents and guardians of all known food allergens to avoid bringing in

foods to the classroom or center.

(b) Post the child’s name and known food allergy prominently in the classroom or

other area, on parent approval.

(c) Train program staff and unsupervised volunteers on the symptoms of anaphylaxis.

(d) Prevent food sharing between children.

(5) The emergency procedures must include all of the following, at a minimum:

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(a) Promptly and properly administer medications in an event of an allergic reaction

according to the instructions in the child’s care plan.

(b) Contact emergency medical services immediately if any child has a serious

allergic reaction, a new suspected serious allergic reaction occurs with any child, or

whenever epinephrine is administered, even if the child appears to have recovered from the

allergic reaction.

(c) Notify parents or guardians immediately of any suspected allergic reactions, the

ingestion of the problem food, or contact with the problem food, even if a reaction did not

occur.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8269a 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8269b Outdoor benefit-risk assessment; risk management plan for

outdoor nature-based child care centers.

Rule 269b. (1) An outdoor nature-based child care center shall submit an outdoor

benefit-risk assessment on a form prescribed by the department that includes, but is not

limited to, all of the following:

(a) Information about the site or sites that will be used.

(b) Different seasons of the year, such as summer versus winter plans, based on

how conditions change within sites and locations used by the center on a regular basis.

(c) Risky play activities, including, but not limited to, all of the following:

(i) Climbing natural features.

(ii) Water activities.

(iii) Using sharp tools.

(iv) Plant foraging and gardening.

(v) Program pets and livestock management.

(vi) Campfire activities.

(vii) Activities near water, cliffs, steep slopes, or other potentially hazardous

natural features.

(d) Guidance for when increased staffing is necessary and provide guidance for the

development of the applicable risk management policies and procedures in subrule (1) of

this rule.

(2) An outdoor nature-based child care center shall have a risk management plan

that includes, but is not limited to, all of the following:

(a) Encountering non-program pets and wildlife.

(b) Interacting with strangers.

(c) The shared use of public spaces.

(d) Weather requiring the use of an emergency shelter and access to the shelter

during program hours.

(e) Required clothing and keeping children dressed for the weather.

(f) Using public facilities or buildings.

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(g) Encountering poisonous species.

(h) All other potentially hazardous situations and natural features.

History: 2025 MR 10, Eff. May 7, 2025.

PART 5. PROGRAM AND CARE

R 400.8271 Child development.

Rule 271. (1) As used in this rule:

(a) “Confining equipment” means equipment used to assist in caring for infants,

including, but not limited to, swings, stationary activity centers, infant seats, and molded

seats.

(b) “Media” means use of electronic devices with a screen, including, but not

limited to, the following:

(i ) Televisions.

(ii) Computers.

(iii) Tablets.

(iv) Multi-touch screens.

(v) Interactive white boards.

(vi) Mobile devices.

(vii) Cameras.

(viii) Movie players.

(ix) E-book readers.

(x) Electronic game consoles.

(c) “Interactive media” means media designed to facilitate active and creative use

by children and to encourage social engagement with other children and adults.

(d) “Non-interactive media” means media that is used passively by children.

(2) A center shall implement a child development program plan that includes daily

learning experiences appropriate to the developmental level of the children. Experiences

must be designed to develop all of the following, which are described in Michigan’s early

childhood standards of quality:

(a) Physical development.

(b) Social development.

(c) Emotional development.

(d) Cognitive development.

(e) Approaches to play and learning.

(3) The program must be planned to provide a flexible balance of all of the

following experiences:

(a) Quiet and active.

(b) Individual and group.

(c) Large and small muscle.

(d) Child initiated and staff initiated.

(4) Developmentally appropriate experiences must be designed so that throughout

the day each child has opportunities to do all of the following:

(a) Practice social interaction skills.

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(b) Use materials and take part in activities that encourage creativity.

(c) Learn new ideas and skills.

(d) Participate in imaginative play.

(e) Participate in developmentally appropriate language and literacy experiences.

(f) Participate in early math and science experiences.

(g) Be physically active.

(5) A school-age child care center shall supplement the areas of development not

regularly provided for during the school day.

(6) A typical daily routine must be made available to parents.

(7) If awake, use of confining equipment for infants must be minimized, not to

exceed 30 minutes at a time.

(8) Tummy time is required daily for all infants under 12 months of age, and must

meet all of the following requirements:

(a) Infants shall be directly supervised at all times while engaged in tummy time.

(b) Infants shall be healthy, awake, and alert during tummy time. If an infant falls

asleep, the infant shall be immediately moved to a safe sleeping space.

(c) During tummy time, infants shall not be placed on or near soft surfaces,

including, but not limited to, cushions, pillows, or padded mats.

(d) A parent may request in writing an exemption for their infant from tummy time.

The request must be maintained in the child’s file.

(9) Use of media is prohibited for children under 2 years of age.

(10) If media are used with children 2 years of age and older, all of the following

apply:

(a) Activities must be developmentally appropriate.

(b) Interactive media must be used to support learning and to expand children’s

access to content and be suitable to the age of the child in terms of content and length of

use per session.

(c) Media with violent or adult content are prohibited while children are in care.

(d) Use of non-interactive media must not exceed 2 hours per week per child.

(e) If media are available for children’s use, other activities must also be available

to children.

(11) An exception to the requirements of subrule (10)(d) of this rule may be made

under the following conditions:

(a) School-age children using computers and other electronic devices for academic

and educational purposes.

(b) Children using assistive and adaptive technology.

(12) For children with special needs, care must be provided according to the child’s

needs as identified by parents, medical personnel, or other relevant professionals.

(13) Parents may visit the center during hours of operation for the purpose of

observing their children.

(14) Outdoor nature-based child care centers shall utilize developmentally

appropriate techniques to teach children about boundaries and self-regulation for outdoor

play.

History: 2025 MR 10, Eff. May 7, 2025.

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Editor's Note: An obvious error in R 400.8271 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8274 Primary care for infants and toddlers.

Rule 274. (1) As used in this rule, “primary teacher” means the child care staff

member to whom the care of a specific infant or toddler is assigned. The primary teacher

is responsible for direct care, verbal and physical interactions, primary responses to the

child’s physical and emotional needs, and continued interaction with the child’s parents

regarding the child’s experiences.

(2) The center shall implement a primary care system so that each infant and toddler

has a primary teacher.

(3) Each infant and toddler shall have not more than 4 primary teachers in a week.

These 4 primary teachers shall remain with the children for the program year to promote

continuity of care for the children. For centers operating less than 24 hours a day, an

exception may occur during the first hour after the center opens and the hour before

closing. This rule does not preclude a primary teacher from being relieved by another

teacher or child care staff member while taking a lunch period or short break. This rule

does not preclude a center from advancing a child to another classroom with new primary

teachers if developmentally appropriate.

(4) Primary teachers’ schedules for each infant or toddler must be documented and

provided to parents.

(5) Information regarding a child’s food, health, and temperament must be shared

daily between primary teachers if more than 1 primary teacher is assigned to any infant or

toddler.

(6) An exception to this rule may be made if the center is transporting children and

is in compliance with R 400.8760(1) and (2).

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8274 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

R 400.8277 Nighttime care.

Rule 277. (1) If a child is in nighttime care, a separate area, away from sleeping

children, where the child can engage in quiet activities must be available.

(2) A child shall be allowed to go back to sleep if dropped off during any nighttime

care hours.

(3) If a child is in nighttime care for more than 1 hour, a crib, portable crib, mat, or

cot appropriate to the age of the child must be available.

History: 2025 MR 10, Eff. May 7, 2025.

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R 400.8280 Discipline.

Rule 280. (1) Positive methods of discipline that encourage self-control, self-

direction, self-esteem, and cooperation must be used.

(2) All of the following means of punishment are prohibited:

(a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of

corporal punishment.

(b) Placing any substances in a child’s mouth, including, but not limited to, soap,

hot sauce, or vinegar.

(c) Restricting a child’s movement by binding or tying the child.

(d) Inflicting mental or emotional punishment, such as humiliating, shaming, or

threatening a child.

(e) Depriving a child of meals, snacks, rest, or necessary toilet use.

(f) Excluding a child from outdoor play or other gross motor activities.

(g) Excluding a child from daily learning experiences.

(h) Isolating a child in an adjacent room, closet, locked room, box, hallway,

darkened area, play area, or another area where the child cannot be seen or supervised.

(3) Time out must only be used in combination with instructional approaches that

teach children what to do in place of the behavior problem.

(a) Time out must not be used for children under 3 years of age.

(b) The program staff or volunteer shall remain calm when placing the child in time

out.

(4) A non-severe and developmentally appropriate restraint for an enrolled child

with special behavioral or mental health issues may be used if reasonably necessary,

based on a child’s development, to prevent a child from harming themselves or to prevent

a child from harming other individuals or property, excluding those forms of punishment

prohibited by subrule (2) of this rule. The plan for when the restraint should be initiated;

the actual use of the restraint, such as holding the child as gently as possible, and timed

use of the restraint must be developed in collaboration with the parent or guardian with

the parent or guardian giving final approval of the plan.

(5) A written discipline policy must be developed and implemented regarding the

age appropriate, non-severe discipline of children. The policy must be provided to

program staff, volunteers, and parents.

History: 2025 MR 10, Eff. May 7, 2025.

Editor's Note: An obvious error in R 400.8280 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, 2025 MR 10. The memorandum requesting the

correction was published in Michigan Register, 2025 MR 11.

PART 6. FOOD SERVICES AND NUTRITION

R 400.8301 Definitions.

Rule 301. As used in this part:

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(a) “Bulk foods” means larger quantities of food that are used over time, such as

flour, sugar, noodles, and rice. Food that is used up in a week or less, such as crackers,

are not considered bulk foods.

(b) “Corrosion-resistant materials” means those materials that maintain their

original surface characteristics under prolonged influence of the food to be contacted, the

normal use of cleaning compounds and bacterial solutions, and other conditions-of-use

environment.

(c) “Food” means any raw, cooked, or processed edible substance, ice, beverage, or

ingredient used or intended for use in whole or in part for human consumption.

(d) “Food-contact surface” means those surfaces of equipment and utensils with

which food normally comes in contact, and those surfaces from which food may drain,

drip, or splash back onto surfaces normally in contact with food.

(e) “Food grade surface” means a surface that is easily cleanable and made from a

material that will not migrate into, contaminate, or taint the food.

(f) “Food service equipment” means stoves, ovens, ranges, hoods, slicers, mixers,

meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables,

and similar items other than utensils, used in the operation of a center.

(g) “Packaged” means bottled, canned, in a carton, or securely wrapped.

(h) “Ready to eat food” means food that does not require cooking and is not

cooked before being served.

(i) “Sealed” means free of cracks or other openings that allow the entry or passage

of moisture.

(j) “Single-service articles” means those food service articles intended for 1-time,

1-person use and then discarded.

(k)“Tableware” means multi-use eating and drinking utensils.

(l) Time/Temperature Control for Safety food” or “TCS food” means any food that

consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish,

edible crustacean, or other ingredients, including synthetic ingredients, in a form capable

of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

(m)

“Utensil” means any implement used in the storage, preparation,

transportation, or service of food.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8305 Plan review; approval; inspections.

Rule 305. (1) All local health department requirements regarding plan reviews and

specifications must be followed. Written confirmation that this has occurred must be

submitted to the department.

(2) An inspection must be conducted by the local health department, and an

approval granted indicating compliance with all of the rules in this part, except R

400.8330, 400.8335, and 400.8340, at all of the following times:

(a) Before issuance of an original license.

(b) Every 2 years, at the time of renewal, if the center has a private well or septic.

(c) Every 2 years, at the time of renewal, if the center provides food service where

the food is prepared and served on-site, unless the kitchen is currently licensed to provide

food service.

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(d) Prior to adding a food service program.

(e) Prior to adding an infant or toddler program.

(f) When requested by the department.

History: 2013 AACS; 2019 AACS.

R 400.8310 Food preparation areas.

Rule 310. (1) Food contact surfaces must be smooth, nontoxic, easily cleanable,

durable, corrosion resistant, and nonabsorbent.

(2) Carpeting is prohibited in food preparation areas.

(3) Mechanical ventilation to the outside is required for all fuel-fired cooking

equipment, including, but not limited to, stoves, ranges, ovens, and griddles.

(4) If residential hood ventilation is used, cooking equipment must be limited to

residential stove and oven equipment.

(5) Mechanical ventilation to the outside may be required if a problem is evidenced.

(6) The use of deep fryers is prohibited.

(7) Live animals are prohibited in food preparation and eating areas.

(8) If the only food preparation is for feeding infants and toddlers, there must be a

sink that is used exclusively for food preparation and clean up.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8315 Food and equipment storage.

Rule 315. (1) Each refrigerator must have an accurate working thermometer

indicating a temperature of 41 degrees Fahrenheit or below.

(2) All artificial lighting fixtures located over, by, or within food storage,

preparation, and service areas, or where utensils and equipment are cleaned and stored,

must be properly shielded.

(3) Unpackaged bulk foods must be stored in clean covered containers, dated, and

labeled as to the contents.

(4) Food not subject to further washing or cooking before serving must be stored in

a way that protects it from cross-contamination from food requiring washing or cooking.

(5) Packaged food must not be stored in contact with water or undrained ice.

(6) Poisonous or toxic materials must not be stored with food, food service

equipment, utensils, or single-service articles.

(7) Food, food service equipment, and utensils must not be located under exposed

or unprotected sewer lines, open stairwells, or other sources of contamination. Automatic

fire protection sprinkler heads are the exception.

(8) The storage of food, food service equipment, or utensils in toilet rooms is

prohibited.

(9) Food and utensils must be stored in a cabinet or a shelf above the floor.

(10) All food service equipment must be above the floor, moveable, or be properly

sealed to the floor.

(11) Meals that are transported must be prepared in commercial kitchens and

delivered in carriers approved by the local health department.

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History: 2013 AACS; 2019 AACS.

R 400.8320 Food preparation.

Rule 320. (1) Food must be in sound condition, free from spoilage, filth, or other

contamination and be safe for human consumption.

(2) Food must be prepared on food grade surfaces that have been cleaned and

sanitized.

(3) Raw fruits and vegetables must be thoroughly washed before being cooked or

served.

(4) Staff shall minimize bare-hand contact with foods that will be cooked.

(5) Ready to eat foods must not be prepared or served using bare hands.

(6) Food must be cooked to heat all parts of the food to the safe temperature

identified by the Michigan Food Code and Food Law/Safe Cooking Guidelines at

https://www.michiganfoodsafety.com/wp-

content/uploads/2022/01/MI_Modified_2009_Food_Code_396675_7.pdf.

(7) TCS foods must be thawed using 1 of the following methods:

(a) In the refrigerator at a temperature not to exceed 41 degrees Fahrenheit.

(b) Completely submerging the item under cold water, at a temperature of 70

degrees Fahrenheit or below, that is running fast enough to float off loose ice particles.

(c) In a microwave oven for either of the following:

(i) The food is immediately transferred to conventional cooking facilities as part

of a continuous cooking process.

(ii) The entire cooking process takes place in the microwave oven.

(d) As part of the conventional cooking process.

(8) The temperature of TCS foods must be 41 degrees Fahrenheit or below, or 135

degrees Fahrenheit or above, at all times, except during necessary periods of preparation.

(9) TCS foods that have been cooked and refrigerated or frozen must be reheated

rapidly to 165 degrees Fahrenheit or higher throughout before being served or before

being placed in a hot food storage facility.

(10) Probe thermometers must be used to ensure the attainment and maintenance of

proper internal cooking, holding, reheating, or refrigeration temperatures of all TCS

foods .

(11) On field trips, all foods must be protected from contamination at all times as

required by this rule.

(12) In the absence of proper hand washing facilities on field trips, individuals

preparing and serving food shall use hand sanitizer and wear sanitary disposable food

service gloves properly.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8325 Dishwashing.

Rule 325. (1) All tableware, utensils, food contact surfaces, and food service

equipment must be thoroughly cleaned and sanitized after each use. Multi-purpose tables

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must be thoroughly cleaned and sanitized before and after they are used for meals or

snacks.

(2) Enamelware utensils are prohibited.

(3) Reuse of single service articles is prohibited.

(4) Multi-use tableware and utensils must be cleaned and sanitized using 1 of the

following methods:

(a) A commercial dishwasher.

(b) A residential dishwasher with sanitizing capability.

(c) A 3-compartment sink to wash in the first compartment, to rinse in the second

compartment, and to sanitize in the third compartment.

(d) A 2-compartment sink for washing in the first compartment and rinsing in the

second compartment, and a third container suitable for complete submersion for

sanitizing.

(5) If the manual washing method is used, as referenced in subrule (4)(c) and (d)

of this rule, all of the following must be done:

(a) Rinse and scrape all utensils and tableware before washing.

(b) In the first compartment, wash using detergent and water at or above 110

degrees Fahrenheit or at the temperature specified by the detergent manufacturer.

(c) In the second compartment, rinse in clear water making sure to remove all

traces of food and detergent.

(d) In the third compartment or suitable container, sanitize using 1 of the following

methods:

(i) Immersion for not less than 30 seconds in clean, hot water of not less than 171

degrees Fahrenheit.

(ii) Immersion with a food-grade sanitizing solution mixed as described on the

manufacturer’s label for sanitizing. A test kit or other device that measures the correct

concentration of the solution must be used when a chemical is used for sanitizing.

(e) Air dry on a clean and sanitized surface. Do not use a towel for drying.

(6) Sponges must not be used in a food service operation.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8330 Food services and nutrition generally.

Rule 330. (1) Snacks and meals must be provided by the center, except if 1 of the

following circumstances occurs:

(a) A majority of the children are in attendance less than 2.5 hours.

(b) Food is provided by a parent.

(2) A written agreement must be maintained on file at the center if the parent has

agreed to provide formula, milk, or food. The center shall provide an adequate amount of

formula, milk, or food if the parent does not.

(3) Beverages and food must be appropriate for the child’s individual nutritional

requirements, developmental stages, and special dietary needs, including cultural

preferences.

(4) A center shall ensure a child who has special dietary needs is provided with

snacks and meals in accordance with the child’s needs and with the instructions of the

child’s parent or licensed health care provider.

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(5) A center shall provide adequate staff so that food service activities do not

detract from direct care and supervision of children.

(6) A center shall make water available to drink throughout the day to children 1

year of age and older.

(7) Infants and toddlers shall be fed on demand.

(8) A child shall be served meals and snacks in accordance with the following

schedule:

(a) Two and a half hours to 4 hours of operation: a minimum of 1 snack.

(b) Four hours to 6 hours of operation: a minimum of 1 meal and 1 snack.

(c) Seven hours to 10 hours of operation: a minimum of 1 meal and 2 snacks or 2

meals and 1 snack.

(d) Eleven hours or more of operation: a minimum of 2 meals and 2 snacks.

(9) A center shall not deprive a child of a snack or meal if the child is in attendance

at the time when the snack or meal is served.

(10) Menus must be planned in advance, dated, and made available to parents.

Food substitutions must be noted on the menus the day the substitution occurs.

(11) A center shall not serve infants and toddlers or allow them to eat foods that

could easily cause choking, including, but not limited to, popcorn, seeds, nuts, hard

candy, and uncut round foods such as whole grapes and hot dogs.

(12) Cereal must not be added to a bottle or beverage container without written

parental permission.

(13) If food, bottles, or beverage containers are warmed, the warming must be done

in a safe, appropriate manner.

(14) Warming bottles and beverage containers in a microwave oven or a crockpot is

prohibited.

(15) Bottle warmers must be placed where children cannot access them or reach the

cords for them.

(16) Bottle warmers must be shut off when not in use.

(17) A child care staff member shall not hold a child while removing a bottle from

the heating device.

(18) Warmed food, bottles, and beverage containers must be shaken or stirred to

distribute the heat, and the temperature must be tested before feeding.

(19) The contents of a bottle or beverage container must be discarded if any of the

following apply:

(a) The contents appear unsanitary.

(b) The bottle or beverage container was used for feeding for a period that exceeds

1 hour from the beginning of the feeding.

(c) The bottle or beverage container requiring refrigeration was unrefrigerated for

1 hour or more.

(20) Formula and milk, including breast milk, left in a bottle or beverage container

after a feeding must not be reused.

(21) Bottle propping is prohibited.

(22) When feeding, child care staff members shall hold infants, except when infants

resist being held and are able to hold their bottle.

(23) Infants or toddlers shall not have bottles, beverage containers, or food in

sleeping equipment.

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(24) Children shall not have beverage containers or food while they are walking

around or playing.

(25) Child care staff members shall foster and facilitate toddlers’ independence,

language, and social interactions by doing all of the following:

(a) Encouraging self-feeding.

(b) Serving appropriate portion sizes.

(c) Sitting with toddlers during mealtimes.

(26) Breastfeeding must be supported and accommodated.

(27) A designated place must be set aside for use by mothers who are breastfeeding.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8335 Food services and nutrition; provided by center.

Rule 335. (1) Food and beverages provided by a center must be of sufficient

quantity and nutritional quality to provide for the dietary needs of each child according to

the minimum meal requirements of the child and adult care food program (CACFP), as

administered by the department of education.

(2) The following standards are incorporated by reference in these rules: “Child and

Adult Care Food Program,” 7 CFR part 226. Copies of these regulations may be obtained

from the Department of Lifelong Education, Advancement, and Potential, Child Care

Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933 and from the

United States Department of Agriculture (USDA), Food and Nutrition Service, CACFP at

1400 Independence Avenue, S.W., Washington DC 20250. Regulations and guidance are

available at the USDA’s website at https://www.fns.usda.gov/cacfp/program-operator.

(3) Infants shall only be served formula to drink unless written authorization is

provided by the child’s licensed health care provider.

(4) Children 12 months of age until 2 years of age shall be served whole

homogenized Vitamin D-fortified cow’s milk, except as provided in R 400.8330(4).

(5) Formula must be commercially prepared and ready-to-feed.

(6) All fluid milk and fluid milk products must be pasteurized and meet the grade

“A” quality standards.

(7) Milk must be served from 1 of the following:

(a) A commercially filled container stored in a mechanically refrigerated bulk milk

dispenser.

(b) A commercially filled container not to exceed 1 gallon.

(c) A sanitized container only if poured directly from the original container.

(8) All of the following apply to milk:

(a) Containers must be labeled with the date opened.

(b) Milk must be served within 7 days after opening.

(c) Milk must not be served if the contents appear unsanitary or have been

unrefrigerated for a period exceeding 1 hour.

(d) Milk must not be combined with the contents of other partially filled

containers.

(9) Contents remaining in single-service containers of milk must be discarded at the

end of the snack or mealtime.

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(10) All containers of ready-to-feed formula, once opened, must be labeled with the

date and time of opening, refrigerated, and used within 48 hours or be discarded.

(11 ) Prepared bottles and beverage containers of milk and formula must be

refrigerated and labeled with the child’s first and last name, date, and time of preparation.

(12) Contents of unused bottles of formula must be discarded, along with any bottle

liners, after 48 hours.

(13) All liners, nipples, formula, milk, and other materials used in bottle preparation

must be prepared, handled, and stored in a sanitary manner.

(14) Reusable nipples and bottles must be cleaned and sanitized before reuse.

(15) Bottle liners and disposable nipples must be for single use only, by an

individual child, and discarded with any remaining formula or milk after use.

(16) Commercially packaged baby food must be served from a dish, not directly

from a factory-sealed container, unless the entire container is served to only 1 child and is

discarded at the end of the feeding period.

(17) Uneaten food that remains on a dish from which a child was fed must be

discarded.

(18) Food that was served and handled by the consumer of the food may not be

served again, unless it is in the original, unopened wrapper.

(19) Home canned products are prohibited.

(20) Food containing contaminants, such as lead, recalled through the Food and

Drug Administration or the department of agriculture and rural development, must be

properly disposed of and not served again.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8340 Food services and nutrition; provided by parents.

Rule 340. (1) As used in this rule:

(a) “Same-day supply” means for use during a single day.

(b) “Multi-day supply” means for use over a multiple day period, up to 7 days.

(2) Breast milk, formula, milk, or other beverages provided in a same-day supply

must be furnished daily in either of the following:

(a) Clean, sanitary, ready-to-feed bottles or beverage containers.

(b) A clean, sanitary, beverage container. The beverage must be poured into a

clean, sanitary bottle or beverage container before each feeding.

(3) Breast milk, formula, milk, other beverages, and food furnished in a same-day

supply must be covered and labeled with the child’s first and last name and the date.

(4) Any food or beverages furnished in a same-day supply must be returned to the

parent at the end of the day or discarded.

(5) Milk, other beverages, and non-perishable food items may be furnished in a

multi-day supply in an unopened commercial container.

(6) Breast milk may be supplied in a multi-day supply in a clean, sanitized container

maintained in the refrigerator for up to 4 days or in the freezer for no more than 2 weeks.

(7) Milk and other beverages furnished in a multi-day supply must be labeled with

the child’s first and last name and the date of opening and be returned to the parent or

discarded 7 days after opening.

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(8) Non-perishable food items furnished in a multi-day supply must be labeled with

the date of opening and if applicable, the first and last name of the child for whom its use

is intended.

(9) Beverages and food must be fed only to the child for whom the item is labeled.

(10) Breast milk, formula, and milk must be refrigerated until used.

(11) Other perishable beverages and food items not discarded by the end of the day

must be dated and refrigerated or otherwise maintained at a safe temperature until used,

which must not be more than 7 calendar days after the date opened or prepared.

(12) Fresh, whole fruits and vegetables may be unrefrigerated for up to 3 calendar

days in a clearly labeled and dated container.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8341 Drinking water management plan; water sampling, testing, and

remediation; filtered water; records.

Rule 341. (1) Pursuant to section 3i of the act, MCL 722.113i, no later than January

24, 2025, the center shall develop and implement a drinking water management plan,

conduct water sampling and testing after filters have been installed, conduct remediation

as needed, and retain records.

(2) Pursuant to section 3j of the act, MCL 722.113j, no later than October 24, 2025,

the center shall comply with the requirements of the duties of a center under the drinking

water management plan, including ensuring that drinking water furnished to children for

human consumption is from a filtered faucet or other filtered source meeting the

standards required in section 3j(b) of the act, MCL 722.113j.

(3) Pursuant to section 3k of the act, MCL 722.113k, if a center is located in a

school building that complies with the clean drinking water access act, 2023 PA 154,

MCL 380.1901 to 380.1911, the center is considered compliant with this rule.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8345 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8350 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8355 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

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R 400.8360 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8365 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8370 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8375 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8380 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8385 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

PART 7. SCHOOL AGE CHILD CARE CENTER SPECIFIC PROVISIONS

AND EXEMPTIONS

R 400.8401 Specific provisions; exemptions.

Rule 401. (1) School-age child care centers shall follow all regulations contained in

this document except the rules in table 2 and table 3 if the following criteria is met:

Table 2. Exemptions.

(

R 400.8134

a)

b)

c)

d)

R 400.8210

R 400.8216(2)(a) and (b)

R 400.8219

R 400.8274

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e)

f)

(

R 400.8770

Table 3. Exemptions with criteria

Exempt from:

Criteria

(

R 400.8125(10)(a) and (b)

If the school-age child care center

operates in a school building approved by

the department of education, and if the

licensee informs parents in writing at the

time of enrollment, that the center plans to

use a public school’s outdoor play area

and equipment that do not comply with

subrule (10) of this rule.

a)

(

R 400.8158(2) and (3)

R 400.8161(8) and (9)

R 400.8501 to R 400.8565.

If the school-age child care center

operates in a school building.

If the school-age child care center

operates in a school building.

If the school-age center is established

and operated by an intermediate school

board, the board of a local school district,

the board or governing body of a state-

approved nonpublic school, or by an

individual or entity with whom a school

contracts for services and is located in a

school building that is approved by the

state fire marshal or other similar authority

for school purposes.

b)

c)

d)

(

R 400.8271(10)(d)

If the school-age children are using

computers and other electronic devices for

academic and educational purposes or

using assistive and adaptive technology.

If a school-age child care center uses

school transportation only.

e)

f)

R 400.8701

R 400.8710(1) and (2)

R 400.8720

R 400.8730

R 400.8740

R 400.8750

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8410 School-age program administrator qualifications; responsibilities.

Rule 410. (1) Before hiring a new school-age program administrator, a licensee or

licensee designee shall submit the credentials of the proposed program administrator to

the department for review and approval in the manner prescribed by the department.

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(2) School-age program administrators are responsible for the general management

of the center, including the following minimum responsibilities:

(a) Developing, implementing, and evaluating program and center policies.

(b) Administering day-to-day operations, including being available to address

parent, child, and staff issues.

(c) Monitoring staff, including annual evaluations.

(3) A program administrator can oversee multiple sites if all of the following are

met:

(a) The program administrator is immediately available for not less than 3 sessions

during 30 consecutive open days within the center. Consecutive open days do not include

days that are closed for holidays, planned closed days, or emergency closures.

(b) Written documentation of program administrator visits, including dates and

times, is maintained.

(c) A site administrator is appointed when the program administrator is not on the