DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
CHILD CARE LICENSING BUREAU  
LICENSING CHILD CARE CENTERS  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by section 2 of 1973 PA 116, MCL 722.112, and Executive Reorganization Order  
Nos. 1996-1, 1996-2, 2003-1, 2004-4, and 2015-1, MCL 330.3101, 445.2001, 445.2011,  
400.226, and 400.227)  
PART 1. GENERAL PROVISIONS  
R 400.8101 Definitions; A through I.  
Rule 101. As used in these rules:  
(a) “Accredited college or university” means a college or university that has been  
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 a person 18 years of age or older.  
(d) “Ages” means all of the following:  
(i) “Infant” - birth until 1 year of age.  
(ii) “Toddler” – 1 year of age until 30 months of age.  
(iii) “Preschooler” – 30 months of age until eligible to attend a grade of  
kindergarten or higher.  
(iv) “School-ager” – a child who is eligible to attend a grade of kindergarten or  
higher, but less than 13 years of age. A child is considered a school-ager on the first day  
of the school year in which he or she is eligible.  
(e) “Applicant” means an individual who applies for a license to operate a child  
care center.  
(f) “CEU” means a continuing education unit awarded by an accredited college or  
university sponsor of continuing education units or equivalent awarded by the state board  
of education.  
(g) “Child care aide” means an individual who is 17 years of age, who provides  
services and participates in child care activities in a child care center, who shall not have  
unsupervised access or provide unsupervised care or supervision of children, and who has  
satisfactorily completed at least 1 year of a vocational-occupational child care aide  
training program approved by the department.  
(h) “Child care administration” means educational courses in child care  
administration, education administration, or business administration.  
(i) “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.  
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(j) “Child care center” means that term as defined in section 1(h) of the act, MCL  
722.111.  
(k) “Child care staff member” means that term as defined in section 1(a) of the act,  
MCL 722.111.  
(l) “Child development associate credential” or “CDA” means a credential  
awarded by the Council for Professional Recognition or a similar credential approved by  
the department.  
(m) “Child-related field” means 1 of the following:  
(i) For an early childhood education program director and lead caregiver,  
academic courses in elementary education, child guidance, child counseling, child  
psychology, family studies, social work, or special education.  
(ii) For a school-age program director, academic courses in early childhood  
education, elementary education, secondary education, special education, physical  
education and recreation, child development, child guidance, child counseling, child  
psychology, family studies, social work, human services, or youth development.  
(n) “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.  
(o) “Comprehensive background check” means a department review of an  
individual as required in sections 5n and 5q of the act, MCL 722.115n and 722.115q.  
(p) “Conducive to the welfare of children” means that term as defined in section  
5m(13)(b) of the act, MCL 722.115m(13)(b).  
(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 Michigan as referenced in section  
5n(15) and (16) of the act, MCL 722.115n(15) and (16).  
(r) “Conviction” means that term as defined in section 1(i) of the act, MCL  
722.111.  
(s) “Criminal history check” means that term as defined in section 1(j) of the act,  
MCL 722.111.  
(t) “Degrees and semester hours” means only those degrees and hours from an  
accredited college or university.  
(u) “Department” means the department of licensing and regulatory affairs.  
(v) “Developmentally appropriate” means age appropriate as well as appropriate to  
the individual child.  
(w) “Early childhood program director” means the program director of a center  
serving children of all ages.  
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(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) “Eligible” means that that term as defined in section 1(m) of the act, MCL  
722.111.  
(z) “Field trip” means children and personnel 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, assorted sizes, a roll of gauze, adhesive bandages, 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  
400.8152.  
(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. Two or more groups may be  
combined for collective activities as long as appropriate child-to-staff ratios are  
maintained in the room or area.  
(cc) “Hours of experience” means experience serving the ages and developmental  
abilities of children for which the center is licensed.  
(dd) “Immediately available” means a parent or guardian remains onsite at the  
address of the child care center.  
(ee) “Ineligible” means that term as defined in section 1(n) of the act, MCL  
722.111.  
History: 2013 AACS; 2019 AACS.  
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, 2019 MR 23. The memorandum requesting the  
correction was published in Michigan Register, 2020 MR 2.  
R 400.8102 Definitions; J through R.  
Rule 102. As used in these rules:  
(a) “Lead caregiver” means a child care staff member who is responsible for  
planning and implementing the daily program of activities for a group of children in a  
child care center.  
(b) “Licensee” means that term as defined in section 1(q) of the act, MCL 722.111.  
(c) "Licensee designee" means that term as defined in section 1(cc) of the act,  
MCL 722.111.  
(d) “Michigan school age or youth development credential” means a credential  
issued by the Michigan Afterschool Association or similar credential approved by the  
department.  
(e) “MiRegistry” is the electronic data system for child care providers that is  
maintained by the department of education to verify and track employment, training, and  
educational accomplishments. MiRegistry offers a statewide calendar of online and  
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classroom training opportunities.  
MiRegistry can be accessed online at  
(f) “Montessori credential” means a credential issued by the Association  
Montessori International (AMI), American Montessori Society (AMS), or any  
Montessori teaching or training institution recognized by the Montessori Accreditation  
Council for Teacher Education (MACTE) that meets or exceeds 270 hours of academic  
training.  
(g) “Parent” or “parental” means a child’s natural or adoptive parent who is legally  
responsible for the child or the child’s legal guardian.  
(h) “Playspace means a piece or pieces of age-appropriate toys, play equipment,  
and materials that 1 child can use independently for 15 minutes.  
(i) “Personnel” means a licensee, licensee designee, child care staff member, and  
child care aide.  
(j) “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,  
fabric, or non-rigid sides, such as a bassinet or play yard, are not considered a portable  
crib.  
(k) “Program components” means the different services offered by a center. They  
include, but are not limited to, infant and toddler, preschool, and school-age care and  
education; nighttime care; food service; swimming; and transportation.  
(l) “Program director” means a licensee or child care staff member who is  
responsible for the general management of the center and ensures compliance with the act  
and these rules.  
(m) “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.  
R 400.8103 Definitions; S through Z.  
Rule 103. As used in these rules:  
(a) “Sanitized” means to wipe or spray the surface with a sanitizing solution, let  
the surface air dry or wipe dry after 2 minutes with a single service towel, or according to  
the manufacturer’s directions.  
(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 as required by 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” means that term as defined in section 1(aa) of the act, MCL  
722.111.  
(d) “Serious injury” means that term as defined in section 2b of 1973 PA 116,  
MCL 722.122b.  
(e) “School-age program director” means the program director of a center serving  
only school-age children.  
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(f) “Site supervisor” means an individual who oversees the daily operation of a  
school age program when a multi-site director has been named. The site supervisor must  
meet all requirements under R 400.8119.  
(g) “Staff” means any compensated employee of a center.  
(h) “Supervised volunteer” means a person 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.  
(i) “Unsupervised volunteer” means an individual who is 18 years of age or older,  
who provides service for a child care center that is not compensated, and who has been  
determined eligible by the department to be unsupervised with children.  
(j) “Well-defined space” means space designed and used exclusively for a specific  
group of children.  
History: 2019 AACS.  
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 400.8107Applicant qualifications.  
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 form, along with the fee under section 5m  
of the act, MCL 722.115m, to the Michigan Department of Licensing and Regulatory  
Affairs, Bureau of Community and Health Systems, P.O. Box 30664, Lansing, MI 48909-  
8164.  
(3) If the applicant elects a licensee designee pursuant to section 1(cc) of the act,  
MCL 722.111, then the applicant shall also complete, sign, and submit the department’s  
child care licensee designee form.  
(4) The department’s child care application form and child care licensee designee  
form are available at no cost on the department’s website at  
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department at (517) 284-9738 or (866) 685-0006. They are also available at no cost at  
the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community  
and Health Systems, Child Care Division, 611 W. Ottawa St, Lansing, MI 48933-1070.  
(5) Before issuance of the original license, and before the renewal of a license, an  
applicant or licensee shall comply with applicable laws and administrative rules.  
History: 2013 AACS; 2019 AACS.  
R 400.8110 Applicant; licensee; licensee designee; requirements.  
Rule 110. (1) The licensee or licensee designee shall do all of the following:  
(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 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 in order to provide the services and facilities that are  
conducive to the welfare of children.  
(3) All of the following must be in a place, accessible, and visible to parents:  
(a) The current license and, if applicable, the letter extending the license beyond  
the expiration date.  
(b) A copy of these rules and a copy of the last page of any variances granted.  
(c) A notice stating that the center requires a comprehensive background check on  
its employees and unsupervised volunteers.  
(4) There must be a licensing notebook on the premises that includes all licensing  
inspection and special investigation reports and related corrective action plans for the last  
5 calendar years, and a summary sheet outlining the documents contained in the  
notebook. The notebook must be in a place accessible to parents and prospective parents  
at all times during the center’s normal hours of operation.  
(5) The actual number and ages of children in care at any time must never exceed  
the number and ages of children for which the center is licensed.  
(6) The licensee or licensee designee shall maintain accurate records detailing daily  
arrival and departure times for each child care staff member, child care aide, and  
volunteer.  
(7) A child shall only be released to persons authorized by the child’s parent or  
guardian.  
(8) 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 kept on file at the center.  
(9) Within 5 business days, the licensee shall notify the department of the  
separation of a licensee designee, program director, or a central administrator approved  
under R 400.8113(12), and a plan for replacement of the individual.  
(10) 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,  
Page 6  
changing age groups served, changing program components, changing the capacity of the  
center, or making changes to a room or well-defined space that will result in a change in  
capacity of the room or well-defined space.  
(11) The records required by, the act and these rules must be retained for a  
minimum of 2 calendar years or longer as specified in these rules, and made available to  
the department upon request.  
(12) The following records must be retained and available to the department:  
(a) The name, address, and telephone number for each child enrolled and each  
employee for at least 2 years after the individual leaves the center.  
(b) Staff and volunteer health records, as required by R 400.8128, and  
documentation of qualifications must be retained until the individual leaves the center.  
(c) The licensing notebook must be maintained and retained until the license is  
closed.  
(13) Smoking and vaping must not occur 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 upon which the center is located.  
(b) On field trips and in vehicles when children are present.  
(14) 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.  
Editor's Note: An obvious error in R 400.8110 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the  
correction was published in Michigan Register, 2020 MR 2.  
R 400.8112 Comprehensive background check; fingerprinting.  
Rule 112. (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) A child care aide.  
(e) An unsupervised volunteer.  
(2) An applicant or licensee shall do all of the following:  
(a) Ensure that each individual who requires an eligibility determination under  
subrule (1) of this rule completes, signs, and submits all of the information required in  
subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed  
by the department. The forms are available on the department’s website for the child care  
and dated prior to the individual’s appointment to be fingerprinted.  
Page 7  
(b) Maintain 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, upon 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) Within the department’s child care background check system, accurately  
complete and maintain the connection, disconnection, or withdrawn status of each  
individual associated with the license.  
(f) Immediately disconnect each individual from the system once he or she is no  
longer a licensee, licensee designee, child care staff member, child care aide, 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 under sections 5n(8) and 5q of the act, MCL 722.115n  
and 722.115q, and shall be supervised at all times by the licensee or a child care staff  
member who has been determined eligible.  
(4) For an individual who is determined ineligible by the department, a licensee  
shall immediately do all of the following:  
(a) Prohibit the individual from being on the premises of the child care 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 under 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, then provide  
each of those addresses.  
(p) Driver’s license identification number and state issuing the license or a state  
identification number and state issuing it, if available.  
(q) Phone number.  
(r) Email address, if available.  
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(s) Any other information deemed reasonably necessary by the department to  
determine the eligibility of the individual based on a name-based registry match.  
(6) The department shall maintain the confidentiality of all personally identifiable  
information submitted pursuant to this rule to the extent permitted by law.  
History: 2019 AACS.  
Editor's Note: An obvious error in R 400.8112 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the  
correction was published in Michigan Register, 2020 MR 2.  
R 400.8112a Department; information; eligibility determination.  
Rule 112a. The department may request information from an applicant, licensee,  
licensee designee, child care staff member, child care aide, 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 in which the individual resided, on a form  
prescribed by the department, and limited to information necessary to ascertain whether  
the individual should be deemed ineligible under the statutory requirements.  
History: 2019 AACS.  
R 400.8112b Eligibility determination; individual who resided out of the United  
States; self-certifying statement.  
Rule 112b. An individual who requires an eligibility determination under section 5n  
of the act, MCL 722.115n, and resided out of the United States within the preceding 5  
years, shall also, under section 5n(2) of the act, MCL 722.115n(2), 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: 2013 AACS; 2019 AACS.  
R 400.8113 Program director qualifications; responsibilities.  
(1) Before hiring a new program director, a licensee or licensee designee shall  
submit a completed BCHS-CC 001 form, titled Child Care Licensing Information  
Request, and the credentials of the proposed program director to the department for  
review and approval.  
(2) A program director shall be present in the center in the following manner:  
(a) Full time for programs operating less than 6 continuous hours.  
(b) At least 50% of the time children are in care but not less than a total of 6 hours  
per day for programs operating 6 or more continuous hours.  
(3) All program directors are responsible for the general management of the  
center, including the following minimum responsibilities:  
Page 9  
(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.  
(4) If absent from the center, the program director shall designate a child care staff  
member to be in charge.  
(5) A substitute program director shall be appointed for a program director who has  
left employment or has a temporary absence that exceeds 30 consecutive workdays until  
return or replacement. A substitute program director shall at least meet the qualifications  
of lead caregiver. The department shall be notified when a substitute program director is  
appointed.  
(6) A program director shall have all of the following qualifications:  
(a) Be at least 21 years of age.  
(b) Have earned a high school diploma or general equivalency diploma (GED).  
(7) Early childhood program directors shall meet 1 of the following qualifications  
shown in Table 1:  
TABLE 1  
Early Childhood Program Director Qualifications  
Education  
Coursework in Early  
Childhood Education or  
Child Development  
Hours of  
Experience  
(a)  
(b)  
Bachelor’s degree or  
higher in early childhood  
education or child  
development  
Bachelor’s degree or  
higher in a child-related  
field including  
18 semester hours and  
480 hours  
(c)  
(d)  
Montessori credential  
Associate’s degree in  
early childhood education  
or child development  
including  
18 semester hours and  
18 semester hours and  
480 hours  
480 hours  
(e)  
(f)  
Valid child  
development associate  
credential  
18 semester hours and  
18 semester hours and  
960 hours  
with  
Sixty semester hours  
with  
1,920 hours  
(8) School-age program directors shall meet 1 of the following qualifications shown  
in Table 2:  
TABLE 2  
School-Age Program Director Qualifications  
Page 10  
Education  
Coursework in a Child-  
Related Field  
Hours of  
Experience  
(a)  
Bachelor’s degree or  
higher in a child-related  
field  
(b)  
(c)  
(d)  
Montessori credential  
with  
12 semester hours and  
480 hours  
480 hours  
480 hours  
Associate’s degree in a  
child-related field and  
Valid Michigan school-  
age youth development  
credential with  
Valid child  
12 semester hours and  
12 semester hours and  
(e)  
480 hours  
development associate  
credential  
with  
(f)  
Sixty semester hours  
with  
High school diploma or  
GED with  
12 semester hours and  
6 semester hours and  
720 hours  
(g)  
2,880 hours  
(9) All program directors shall have at least 2 semester hours or 3.0 CEUs in child  
care administration or have an administrative credential approved by the department.  
These semester hours may satisfy a portion of the requirements of subrules (7) and (8) of  
this rule. The program director may also use 30 hours of administrative training from  
MiRegistry to meet these requirements.  
(10) Any potential program director previously employed as an approved and  
qualified program director is exempt from meeting subrule (9) of this rule.  
(11) An early childhood program director or school age program director employed  
as a program director for more than 10 years without a break in service is exempt from  
the requirements in subrules (7) and (9) of this rule.  
(12) A program director is exempt from the requirements of subrule (9) of this rule  
with verification that all duties required by subrule (3)(a) and (c) of this rule are handled  
by a central administrator, and the central administrator meets the requirements of  
subrule (9) of this rule. Verification of the duties and education of the central  
administrator must be made available to the department upon request.  
(13) Verification of the education, credentials, and experience of the program  
director must be kept on file at the center or made available online at MiRegistry.  
(14) A program that has only a before school program or an afterschool program,  
but not both, serving school-aged children may have a program director that meets the  
qualifications of a site supervisor, as specified in R 400.8119.  
History: 2013 AACS; 2019 AACS.  
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R 400.8116 Multi-site school-age program director.  
Rule 116. (1) A school-age program director with a bachelor’s degree or higher in a  
child-related field may oversee up to 3 sites with the following conditions:  
(a) Each program routinely operates 6 hours or fewer per day.  
(b) The multi-site school-age program director is available to the site supervisor  
during all hours of program operation.  
(2) The multi-site school-age program director shall be at each site a minimum of 1  
session per week and maintain written documentation of site visits, including dates and  
times.  
History: 2013 AACS.  
R 400.8119 Site supervisor; qualifications; responsibilities.  
Rule 119. (1) For multi-site school-age programs with a school-age program  
director responsible for more than 1 center, a site supervisor shall be present at each  
center during all hours of operation.  
(2) Site supervisors shall meet all of the following requirements:  
(a) Be at least 19 years of age.  
(b) Have earned a high school diploma, GED, or equivalent.  
(c) Have 480 hours of experience working as a child care staff member in a  
program serving school-age children.  
(d) Have completed 15 clock hours, 1 semester hour, or 1.5 CEUs of documented  
school-age training.  
(3) Site supervisors are responsible for the daily operation and implementation of  
the site program, supervision of the site staff, and overall care and supervision of  
children.  
(4) Site supervisors shall assist the multi-site school-age program director 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.  
(5) Verification of the requirements of subrule (2) must be kept on file at the center.  
History: 2013 AACS; 2019 AACS.  
R 400.8122 Lead caregiver; qualifications; responsibilities.  
Rule 122  
(1) Lead caregivers are required only for groups of children who are preschool age  
and younger.  
(2) At least 1 lead caregiver shall be assigned to each group of children in a self-  
contained or well-defined space and shall be present and providing care in the assigned  
group in the following manner:  
(a) Full time for programs operating less than 6 continuous hours.  
(b) At least 6 hours per day for programs operating 6 or more continuous hours.  
Page 12  
(3) Lead caregivers shall be 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.  
(4) Lead caregivers shall have both of the following qualifications:  
(a) Be at least 19 years of age.  
(b) Have a high school diploma or GED.  
(5) Lead caregivers shall meet 1 of the following qualifications shown in Table 3:  
TABLE 3  
Lead Caregiver Qualifications  
Education  
Coursework in Early  
Childhood Education,  
Child Development, or a  
Child-Related Field  
Hours of  
Experience  
(a)  
Bachelor’s degree or  
higher in early childhood  
education, child  
development, or a child-  
related field  
(b)  
(c)  
Montessori credential  
with  
Associate’s degree or  
higher in early childhood  
education or child  
development  
480 hours  
480 hours  
(d)  
Valid child  
development associate  
credential  
with  
(e)  
(f)  
High school diploma or  
GED with  
12 semester hours and  
960 hours  
High school diploma or  
GED with  
12 semester hours, 18  
CEUs, or a combination to  
equal 180 clock hours with  
1,920 hours  
(g)  
High school diploma or  
GED with  
6 semester hours, 9  
CEUs, or a combination to  
equal 90 clock hours with  
3,840 hours  
(6) Lead caregivers qualified under subrule (5), Table 3, row (g) of this rule, have 2  
years from date of hire in this position to obtain an additional 6 semester hours, 9 CEUs,  
or a combination to equal 90 clock hours, or 90 hours from MiRegistry.  
Page 13  
(7) Lead caregivers for infants and toddlers shall have 3 semester hours, 4.5 CEUs,  
or 45 hours of MiRegistry approved infant and toddler development and care practices  
within 6 months of hire. These semester hours or CEUs may satisfy a portion of the  
requirements of subrule (6) of this rule.  
(8) A substitute for a lead caregiver shall be appointed for a lead caregiver who has  
left employment or has a temporary absence that exceeds 30 consecutive workdays until  
return or replacement. A substitute lead caregiver has 90 days to meet the qualifications  
of a lead caregiver.  
(9) Verification of the education, credentials, and experience of each lead caregiver  
shall be kept on file at the center or at MiRegistry.  
History: 2013 AACS; 2019 AACS.  
R 400.8125 Staff; volunteer; requirements.  
Rule 125. (1) All staff and volunteers shall provide appropriate care and  
supervision of children at all times.  
(2) All staff and volunteers shall act in a manner that is conducive to the welfare of  
children.  
(3) All supervised volunteers shall receive a public sex offender registry (PSOR)  
clearance before having any contact with a child in care. A copy of this clearance must  
be kept on file at the center.  
(4) 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 individual registered on the public sex offender registry  
(PSOR) is prohibited from having contact with any child in care.  
(5) A written statement must be signed and dated by staff and volunteers at the time  
of hiring or before volunteering indicating all of the following information:  
(a) The individual is aware that abuse and neglect of children is against the law.  
(b) The individual has been informed of the center’s policies on child abuse and  
neglect.  
(c) The individual knows that all staff and volunteers are required by law to  
immediately report suspected abuse and neglect to children’s protective services.  
History: 2013 AACS; 2019 AACS.  
R 400.8128 Staff; volunteer; tuberculosis.  
Rule 128. A center shall keep on file at the center evidence to verify that each child  
care staff member and each volunteer who has contact with children at least 4 hours per  
week for more than 2 consecutive weeks is free from communicable tuberculosis (TB).  
Verification of TB status is required within 1 year before employment or volunteering.  
History: 2013 AACS; 2019 AACS.  
R 400.8131 Professional development requirements.  
Page 14  
Rule 131. (1) The center shall provide an orientation about the center’s policies and  
practices and these administrative rules for all personnel hired after the effective date of  
these rules and before unsupervised contact with children.  
(2) Child care staff members shall have training that includes information about  
prevention of sudden infant death syndrome and use of safe sleep practices before caring  
for infants and toddlers.  
(3) Before caring for children, all child care staff members and unsupervised  
volunteers who work directly with children shall be trained on prevention of shaken baby  
syndrome, abusive head trauma and child maltreatment, and recognition and reporting of  
child abuse and neglect.  
(4) Before unsupervised contact with children, all child care staff members who  
work directly with children shall complete prevention and control of infectious disease  
training, including immunizations.  
(5) Within 90 days of being hired, or the first day as an unsupervised volunteer, all  
child care staff members and unsupervised volunteers who work directly with children  
shall complete the following trainings, which may count 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.  
(c) Building and physical premises safety.  
(d) Emergency preparedness and response planning.  
(e) Handling and storage of hazardous materials and appropriate disposal of bio-  
contaminants.  
(f) Precautions in transporting children, if applicable.  
(g) Child development.  
(6) All child care staff members who work directly with children shall complete 16  
clock hours of professional development annually 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) Child care center administrative rules.  
(7) A center may count CPR and first aid training for up to 2 hours of the annual  
professional development hours in the year taken. Staff may use hours from MiRegistry  
to meet the professional development requirements in subrule (6) of this rule.  
(8)  
An on-going professional development plan must be developed and  
implemented to include all the training and professional development required by these  
rules.  
(9) On-line trainings and correspondence courses must have an assessment of  
learning.  
(10) All child care staff members who work directly with children are required to be  
trained in first aid and pediatric, child, and adult cardiopulmonary resuscitation (CPR)  
Page 15  
within 90 days of being hired. Prior to issuing a license to operate a child care center,  
and prior to the renewal of a license, the department shall verify that at least 50% of the  
child care staff members who work directly with children are currently certified in first  
aid and pediatric, child, and adult CPR. Each of these child care staff member’s first aid  
and CPR certificates must be valid and retained on file in the center.  
(11) Verification of all professional development required by this rule must be kept  
on file at the center or online at MiRegistry. 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.  
Training hours from MiRegistry also meet this rule.  
(12) When the department of licensing and regulatory affairs or the department of  
education publishes a notice that a new health and safety update document or a new  
health and safety update training activity has been published on MiRegistry, the licensee  
shall ensure that all personnel read and acknowledge the document or complete the  
activity within 6 months of the notice.  
History: 2013 AACS; 2019 AACS.  
Editor's Note: An obvious error in R 400.8131 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the  
correction was published in Michigan Register, 2020 MR 2.  
R 400.8134 Hand washing.  
Rule 134. (1) As used in this rule, "hand washing" means to cleanse the hands with  
soap and warm running water for at least 20 seconds.  
(2) All staff and volunteers shall wash their hands at all of the following times:  
(a) Prior to starting the workday at the center.  
(b) Prior to care of children.  
(c) Before preparing and serving food and feeding children.  
(d) Before giving medication.  
(e) After each diapering.  
(f) After using the toilet or helping a child use the toilet.  
(g) After handling bodily fluids.  
(h) After handling animals and pets and cleaning cages.  
(i) After handling garbage.  
(j) When soiled.  
(3) Staff and volunteers shall ensure that children wash their hands at all of the  
following times:  
(a) Before meals, snacks, or food preparation experiences.  
(b) After toileting or diapering.  
(c) After handling animals and pets.  
(d) When soiled.  
(4) Guidelines for hand washing must be posted in food preparation areas, in toilet  
rooms, and by all hand washing sinks.  
Page 16  
(5) 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 handwashing.  
(b) When the child cannot stand safely at the sink.  
(c) When the child is not developmentally ready to hold his or her head.  
(d) When the child has a special need, so the child is not able to wash his or her  
own hands.  
(6) When soap and running water are not available during an outing, hand  
sanitizers, or single-use wipes may be used as a temporary measure.  
History: 2013 AACS; 2019 AACS.  
R 400.8137 Diapering; toileting.  
Rule 137. (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 washed, rinsed, and sanitized after each use.  
(2) Children 1 year of age and older may be changed in a bathroom standing up or  
on a nonabsorbent, easily sanitized surface, with a changing pad between the child and  
the surface.  
(3) Diapering supplies must be within easy reach of the designated diapering area.  
(4) A plastic-lined, tightly covered container must be used exclusively for  
disposable diapers and training pants and diapering supplies. The container must be  
emptied and sanitized 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.  
Page 17  
(e) Soiled diapers or training pants must be stored and handled in a manner that  
will not contaminate any other items and must not be accessible to children.  
(f) 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 caregivers 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) Washed, rinsed, and sanitized after each use.  
History: 2013 AACS; 2019 AACS.  
R 400.8140 Discipline.  
Rule 140. (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 him or her.  
(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) Confining a child in an enclosed area, such as a closet, locked room, box, or  
similar enclosure.  
(i) Time out must not be used for children under 3 years of age.  
(3) Non-severe and developmentally appropriate discipline or restraint may be used  
when reasonably necessary, based on a child’s development, to prevent a child from  
harming himself or herself or to prevent a child from harming other persons or property,  
excluding those forms of punishment prohibited by subrule (2) of this rule.  
(4) A written policy must be developed and implemented regarding the age  
appropriate, non-severe discipline of children. The policy must be provided to staff and  
parents.  
Page 18  
History: 2013 AACS; 2019 AACS.  
R 400.8143 Children’s records.  
Rule 143. (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 and signed by the child’s parent. The center shall keep it on file and  
accessible in the center.  
(2) Child information cards must be reviewed and updated by parents at least  
annually and when the center becomes aware of changes.  
(3) For children under school-age, at the time of a child’s initial attendance, a  
center shall obtain, keep on file, and make accessible in the center 1 of the following:  
(a) A certificate of immunization showing a minimum of 1 dose of each  
immunizing agent specified by the department of health and human services (DHHS).  
(b) A copy of a waiver addressed to DHHS and signed by the parent stating  
immunizations are not being administered due to religious, medical, or other reasons.  
(4) When a child under school-age whose immunizations were not up-to-date at the  
time of enrollment has been in attendance for 4 months, an updated certificate showing  
completion of all additional immunization requirements as specified by DHHS must be  
kept on file, unless there is a signed statement by a licensed health care provider stating  
immunizations are in progress.  
(5) A center shall report to DHHS, by October 1 of each year and using the method  
established by the DHHS, immunizations for all children enrolled, under section 9211(2)  
of the public health code, 1978 PA 368, MCL 333.9211(2).  
(6) Within 30 days of a child’s initial attendance, a center shall obtain, keep on file,  
and make accessible in the center a record of a physical evaluation of the child that notes  
any restrictions and is signed by a physician or the physician’s designee. An electronic  
record from a physician’s office will be accepted. The physical evaluation must be  
performed within 1 of the following time limits:  
(a) For an infant, within the preceding 3 months.  
(b) For toddlers, within the preceding 6 months.  
(c) For preschoolers, within the preceding 12 months.  
(7) Physical evaluations must be updated as follows:  
(a) Yearly for infants and toddlers.  
(b) Every 2 years for preschoolers.  
(8) Upon enrollment and annually thereafter, a center shall obtain and keep on file  
at the center a signed statement from a school-age child’s 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 on file with the child’s  
school.  
(9) A center shall ensure that, if a parent objects to a physical examination or  
medical treatment on religious grounds, then 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.  
Page 19  
(10) A center that enrolls a homeless child pursuant to the section 722 of the  
McKinney-Vento homeless education assistance improvements act of 2001, as amended  
by section 9102 of the every student succeeds 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 file any documentation of referring a child to the local  
educational agency liaison for homeless children and youths.  
(11) A center shall maintain 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.  
Electronic records may be used. If electronic attendance records are used, then they must  
be available to the department at the time of an inspection. If the electronic attendance  
records are not available during an on-site inspection, then the center is in violation of  
this rule.  
(12) 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 kept on file at the center.  
(13) Parents shall be notified before each field trip.  
History: 2013 AACS; 2019 AACS.  
R 400.8146 Information provided to parents.  
Rule 146. (1) A center shall provide a written information packet to each parent  
enrolling a child that includes at least all of the following:  
(a) Criteria for admission and withdrawal.  
(b) Schedule of operation, denoting 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. The notice must  
include all of the following:  
(i) The licensing notebook contains all the licensing inspection and special  
investigation reports and related corrective action plans for the last 5 years.  
(ii) The licensing notebook is available to parents during regular business hours.  
(iii) Licensing inspection reports, special investigation reports, and corrective  
action plans from at least the past 3 years are available on the department’s child care  
licensing website at www.michigan.gov/michildcare. The website address must be in  
bold print.  
(m)  
The website where parents can access these rules is  
(2) Written documentation that the parent received the written information packet,  
as required by subrule (1) of this rule, must be kept on file at the center.  
Page 20  
(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.  
R 400.8149 Parent permission for transportation.  
Rule 149. (1) A center shall obtain a parent’s written permission annually for  
routine transportation.  
(2) A center shall obtain a parent’s written permission for any non-routine  
transportation before each trip.  
(3) Permission for all transportation must be kept on file at the center.  
History: 2013 AACS; 2019 AACS.  
R 400.8152 Medication; administrative procedures.  
Rule 152. (1) Medication, prescription or nonprescription, must be given to a child  
by a child care staff member only.  
(2) A child care staff member 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) A child care staff member shall keep all medication out of the reach of children  
and shall return it to the child’s parent or destroy it when the parent determines it is no  
longer needed or it has expired.  
(6) A child care staff member shall give or apply any prescription or  
nonprescription medication according to the directions on the original container, unless  
otherwise authorized by a written order of the child’s physician.  
(7) A child care staff member 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,  
Page 21  
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 child care staff  
member administering the medication must be included.  
History: 2013 AACS; 2019 AACS.  
R 400.8155 Child accidents and incidents; child and staff illness.  
Rule 155. (1)A center shall have a written plan for how and when a parent is  
notified when personnel observe any of the following:  
(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 until the parent arrives.  
(3) Items and facilities used by an ill child or adult must not be used by any other  
individual until washed, rinsed, and sanitized.  
(4) If a center becomes aware that a staff member, volunteer, or child in care has  
contracted a communicable disease, then 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 U.S. Centers for Disease Control  
and  
Prevention  
(CDC)  
at  
the  
following  
website:  
(5) A center shall have a written policy detailing when children, staff, and volunteers  
will be excluded from the center due to illness.  
History: 2013 AACS; 2019 AACS.  
R 400.8158 Incident, accident, injury, illness, death, fire reporting.  
Rule 158. (1) In the event of the death of a child in care, a licensee, licensee  
designee, or program director shall do both of the following:  
(a) Immediately report it, in-person or via phone, directly to the child’s parent.  
(b) Report it to the department within 24 hours, via phone.  
(2) A licensee, licensee designee, or program director 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) A child is lost or left unsupervised.  
(b) An incident involving an allegation of inappropriate contact.  
(c) A fire on the premises of the center that requires the use of fire suppression  
equipment or results in loss of life or property.  
(d) The center is evacuated for any reason.  
(3) A licensee, licensee designee, or program director shall report to the department,  
via phone, fax, or email, within 24 hours of notification by a parent that a child received  
Page 22  
medical treatment or was hospitalized for an injury, accident, or medical condition that  
occurred while the child was in care.  
(4) A licensee, licensee designee, or program director shall submit a written report  
to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a  
format provided by the department, within 72 hours of the verbal report to the  
department.  
(5) A licensee, licensee designee, or program director shall keep a copy of the report  
on file at the center.  
History: 2013 AACS; 2019 AACS.  
R 400.8161 Emergency procedures.  
Rule 161. (1) Written procedures for the care of children and staff for each of the  
following emergencies must be developed and implemented:  
(a) Fire.  
(b) Tornado.  
(c) Other natural or man-made disasters.  
(d) Serious accident, illness, or injury.  
(e) Crisis management including, but not limited to, intruders, active shooters,  
bomb threats, and other man-made events.  
(2) The written procedures must include all of the following:  
(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 how each child with special needs will be accommodated during  
each type of emergency.  
(g) A plan for how infants and toddlers will be accommodated during each type of  
emergency.  
(h)  
A plan for how children with chronic medical conditions will be  
accommodated during each type of emergency.  
(3) The plans required by subrule (1)(a) to (d) of this rule must be posted in a place  
visible to staff and parents.  
(4) The crisis management plan required by subrule (2) of this rule must be  
maintained in a place known and easily accessible to all personnel.  
(5) A fire drill program, consisting of at least 1 fire drill quarterly, must be  
established and implemented.  
(6) A tornado drill program, consisting of at least 2 tornado drills between the  
months of March through November, must be established and implemented.  
(7) A written log indicating the date and time of fire and tornado drills must be kept  
on file at the center.  
(8) Each child care staff member shall be trained at least twice a year on his or her  
duties and responsibilities for all emergency procedures referenced in subrule (1) of this  
rule.  
Page 23  
(9) If cribs are used in emergency evacuations, then all doors within the means of  
egress must be wide enough to readily accommodate the crib evacuation.  
History: 2013 AACS; 2019 AACS.  
R 400.8164 Telephone service.  
Rule 164. (1) An operable phone must be available and accessible in the building  
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, 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.  
History: 2013 AACS; 2019 AACS.  
R 400.8167 Indoor space.  
Rule 167. (1) The required square footage of indoor space per child must be at least  
the following:  
(a) Fifty square feet for infants and toddlers.  
(b) Thirty-five square feet for preschoolers and school-agers.  
(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: 2013 AACS; 2019 AACS.  
R 400.8170 Outdoor play area.  
Rule 170. (1) As used in this rule:  
(a) “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.  
(b) “Natural playground” means an outdoor play area that blends natural materials,  
features, and vegetation.  
Page 24  
(2) The outdoor play area is considered an outdoor classroom and an extension of  
the learning environment.  
(3) 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.  
(4) A center operating with children in attendance for 3 or more continuous hours a  
day shall have an outdoor play area that has at least 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.  
(5) If outdoor space is not available adjacent to the center, then 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.  
(6) There must be a shaded area to protect children from excessive sun exposure,  
when necessary.  
(7) The outdoor play area must be in a safe location.  
(8) The outdoor play area must be protected from hazards, when necessary, by a  
fence or natural barrier that is at least 48 inches in height.  
(9) Children shall only use age-appropriate equipment.  
(10) 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.  
(11) 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, upon request  
of the department, and before using any newly added playground equipment. The center  
shall provide documentation of the inspection to the department upon request and shall  
keep it on file at the center.  
(12) School-age centers operating in school buildings approved by the Michigan  
department of education are exempt from subrule (11) of this rule, provided the licensee  
informs parents, in writing at the time of enrollment, if the center plans to use a public  
school’s outdoor play area and equipment that do not comply with subrule (11) of this  
rule.  
(13) 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 Consumer Product  
Safety Commission (CPSC) Handbook for Public Playground Safety, which is available  
distribution at no cost, at the Michigan Department of Licensing and Regulatory Affairs,  
Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa  
Page 25  
Street, Lansing, MI 48933. The shock absorbing surface material may be either unitary  
or the loose-fill type. An exception to this subrule is provided for natural playgrounds.  
(14) Shock-absorbing surfacing materials are not required for equipment that  
requires a child to be standing or sitting on the ground during play.  
(15) Loose-fill surfacing material must not be installed over concrete or asphalt.  
(16) The depth of the loose-fill surface material must be restored to its required  
depth when it has moved or becomes otherwise compromised.  
(17) If children’s wheeled vehicles and pull toys are used, then a suitable surface  
must be provided for their use.  
(18) Materials used on a natural playground must not be in the use zones for other  
playground equipment.  
(19) The elevated playing surface of materials used on a natural playground must  
not exceed 30 inches.  
(20) Materials used on a natural playground with elevated playing surfaces must not  
be installed over concrete or asphalt.  
(21) Surfacing materials are not required under elevated playing surfaces on a  
natural playground.  
History: 2013 AACS; 2019 AACS.  
R 400.8173 Equipment.  
Rule 173. (1) A center shall not use equipment, materials, and furnishings recalled  
or identified by the United States Consumer Product Safety Commission (CPSC) as being  
hazardous. This information is available free of charge at the CPSC website,  
(2) The current list of unsafe children’s products that is provided by the department  
must be conspicuously posted in the center, as required by section 15 of the children’s  
product safety act, 2000 PA 219, MCL 722.1065.  
(3) Materials that have a warning label indicating they 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 400.8179(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 playspaces 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.  
Page 26  
(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 child care staff members on duty who are providing infant and toddler care.  
(11) Trampolines and bounce houses must not be used by children in care at the  
child care center.  
History: 2013 AACS; 2019 AACS.  
R 400.8176 Sleeping equipment.  
Rule 176. (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 porta-crib must be provided for all infants in care.  
(4) A crib, porta-crib, cot, or mat, and a sheet or blanket of appropriate size must be  
provided for all toddlers and preschoolers under 3 years of age in care.  
(5) A cot or a mat and 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) Upon 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 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 porta-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 health 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 porta-cribs must comply with the federal product safety standards  
issued by the United States Consumer Product Safety Commission, which are available at  
for inspection or distribution at no cost from the Michigan Department of Licensing and  
Page 27  
Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611  
West Ottawa Street, Lansing, MI 48933.  
(11) A crib or porta-crib must have a firm, tight-fitting waterproof mattress.  
(12) A tightly fitted bottom sheet must cover the crib or porta-crib mattress with no  
additional padding placed between the sheet and mattress.  
(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  
porta-crib with a resting or sleeping infant.  
(14) Blankets must not be draped over cribs or porta-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 washed, rinsed, 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 shall not come in contact with other sleeping surfaces.  
(b) Bedding must not come in contact with other bedding.  
(18) All occupied cribs, porta-cribs, cots, and mats must be placed in such a manner  
that there is a free and direct means of egress and must be spaced as follows:  
(a) Cribs and porta-cribs must be at least 2 feet apart. Cribs or porta-cribs with  
solid-panel ends may be placed end-to-end.  
(b) Cots and mats must be at least 18 inches apart.  
History: 2013 AACS; 2019 AACS.  
R 400.8179 Program.  
Rule 179. (1) As used in this rule:  
(a) “Confining equipment” means equipment used to assist in caring for infants,  
including but is 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: televisions, computers, tablets, multi-touch screens, interactive white boards,  
mobile devices, cameras, movie players, e-book readers, and 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 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:  
(a) Physical development.  
(b) Social development.  
(c) Emotional development.  
(d) Cognitive development.  
(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.  
Page 28  
(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.  
(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 program must supplement the areas of development not regularly  
provided for during the school day.  
(6) A typical daily routine must be posted in a place visible to parents.  
(7) When 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 must 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 kept in the child’s file.  
(9) Use of media is prohibited for children under 2 years of age.  
(10) When 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) When 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 any 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.  
History: 2013 AACS; 2019 AACS.  
Page 29  
R 400.8182 Ratio and group size requirements.  
Rule 182. (1) At least 2 adults, 1 of whom is a child care staff member, shall be present  
at all times when at least 3 children between the ages of birth and 3 years of age are  
present. A second child care staff member is required when needed to comply with  
subrule (3) of this rule.  
(2) At least 2 adults, 1 of whom is a child care staff member, shall be present at all times  
when 7 or more children over 3 years of age are present. A second child care staff  
member is required when needed to comply with subrule (3) of this rule.  
(3) 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 4:  
TABLE 4  
Child Care Staff Member to Child Ratios  
Age  
Child Care Staff Member Maximum Group  
to Child Ratio  
1 to 4  
Size  
12  
(a)  
(b)  
(c)  
(d)  
(e)  
Infants and toddlers, birth until 30  
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  
1 to 8  
16  
30  
36  
36  
1 to 10  
1 to 12  
1 to 18  
School-agers  
(4) 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 (3)(c) of this rule applies.  
(5) 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 (3)(d) of this rule applies.  
(6) Children who have reached 57 months of age but who are not considered a school-  
ager may, when developmentally appropriate, be enrolled in a school-age classroom with  
written parental permission. The ratio listed in subrule (3)(e) of this rule applies.  
(7) If there are children of mixed ages in the same room or well-defined space, then 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.  
(8) An exception to the requirements of subrule (3) of this rule may be made when the  
center is transporting children and is in compliance with R 400.8760(1) and (2).  
History: 2013 AACS; 2019 AACS; 2022 MR 2, Eff. Feb. 22, 2022.  
Page 30  
R 400.8185 Primary care.  
Rule 185. (1) As used in this rule, “primary caregiver” means the child care staff  
member to whom the care of a specific infant or toddler is assigned. The primary  
caregiver 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 caregiver.  
(3) Each infant and toddler shall have not more than 4 primary caregivers in a week.  
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.  
(4) Information regarding a child’s food, health, and temperament must be shared  
daily between primary caregivers when more than 1 primary caregiver is assigned to any  
infant or toddler.  
(5) Primary caregiving assignments must be documented and provided to parents.  
(6) An exception to this rule may be made when the center is transporting children  
and is in compliance with R 400.8760(1) and (2).  
History: 2013 AACS; 2019 AACS.  
R 400.8188 Sleeping, resting, and supervision.  
Rule 188. (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 permit children under 18 months of age to sleep on demand.  
(3) Infants shall rest or sleep alone in cribs or porta-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