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 (866-903-3787), 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.  
Editor's Note: An obvious error in R 400.8137 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 19.  
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.  
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(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.  
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.  
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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.  
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.  
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(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.  
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  
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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.  
(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.  
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R 400.8179 Rescinded.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
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.  
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(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.  
(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.  
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(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.  
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.  
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(3) A program administrator can oversee multiple sites if all of the following are  
(a) Is immediately available for not less than 5 sessions during 30 consecutive open  
met:  
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.  
(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.  
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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, 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.  
(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  
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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  
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:  
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(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.  
(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.  
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(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, 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  
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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.  
(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.  
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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.  
(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.  
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(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  
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.  
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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  
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  
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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.  
(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.  
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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.  
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  
(a)  
(b)  
(c)  
(d)  
(e)  
Infants and toddlers, birth until 30  
1 to 4  
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  
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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:  
(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.  
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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.  
(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.  
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(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.  
(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.  
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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.  
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.  
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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:  
(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.  
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(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.  
(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.  
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(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).  
(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.  
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(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:  
(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.  
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(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.  
(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.  
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(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 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.  
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(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.  
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.  
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(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.  
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.  
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PART 6. FOOD SERVICES AND NUTRITION  
R 400.8301 Definitions.  
Rule 301. As used in this part:  
(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.  
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(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.  
(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.  
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(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.  
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.  
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(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  
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.  
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(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.  
(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.  
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(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.  
(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.  
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(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.  
(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.  
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(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.  
(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.  
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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.  
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.  
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(
(
(
(
(
(
R 400.8134  
a)  
b)  
c)  
d)  
e)  
f)  
R 400.8210  
R 400.8216(2)(a) and (b)  
R 400.8219  
R 400.8274  
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  
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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.  
(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  
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 be not less than 19 years of age, have a  
GED, and meet 1 of the following to be qualified:  
(a) All of the following:  
(i) A minimum of 1 year of experience.  
(ii) Three hours of MiRegistry approved training in each of the following areas:  
(A) Program management.  
(B) Observation, documentation, and assessment.  
(C) Teaching and learning.  
(iii) Six hours of MiRegistry approved training in any of the following areas:  
(A) Interactions and guidance.  
(B) Challenging behaviors.  
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(C) Trauma informed practices.  
(iv) Work in a center that participates in great start to quality.  
(b) All of the following:  
(i) A minimum of 6 months of experience.  
(ii) Six 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) Work in a center that participates in great start to quality.  
(c) All of the following:  
(i) A valid child development associate credential, Montessori credential, Michigan  
youth development associate certificate or credential, or associate degree or higher in any  
field of study.  
(ii) Three hours of MiRegistry approved training in each of the following areas:  
(A) Program management.  
(B) Observation, documentation, and assessment.  
(C) Teaching and learning.  
(iii) Six hours of MiRegistry approved training in any of the following areas:  
(A) Interactions and guidance.  
(B) Challenging behaviors.  
(C) Trauma informed practices.  
(9) The 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 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 (9)(c) of this rule if there is a  
central administrator that complies with both of the following:  
(a) Meets the requirements of a site 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 school-age child care center shall meet 1 of the  
following to qualify:  
(a) All of the following:  
(i) A minimum of 1 year of experience.  
(ii) Six 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 for a center that participates in great start to quality.  
(b) All of the following:  
(i) A minimum of 6 months of experience.  
(ii) A valid child development associate credential, Montessori credential,  
Michigan youth development associate certificate or credential, or associate degree in any  
field of study.  
(iii) Works for a center that participates in great start to quality.  
(c) All of the following:  
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(i) An associate degree or higher in any field of study.  
(ii) Three hours of MiRegistry approved training in each of the following areas:  
(A) Program management.  
(B) Observation, documentation, and assessment.  
(C) Teaching and learning.  
(iii) Six hours of MiRegistry approved training in any of the following areas:  
(A) Interactions and guidance.  
(B) Challenging behaviors.  
(C) Trauma informed practices.  
(12) A school-age 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 they remain 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 are voided.  
(13) 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 they remain 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 are voided.  
(14) Verification of the qualifications of the program administrator and substitute  
program administrator must be maintained on file at the center or at the central office  
until 2 years after effective date of this rule, after which qualifications must be reflected  
as verified in MiRegistry.  
History: 2025 MR 10, Eff. May 7, 2025.  
R 400.8419 School-age child care center site administrator; qualifications;  
responsibilities.  
Rule 419. (1) A site administrator shall be present at the center during all hours of  
operation when the program administrator 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 18 years of age.  
(b) Have a high school diploma or GED.  
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(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) Work for 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,  
Michigan youth development or credential, or associate degree in a child-related field.  
(iii) Work for a center that participates in great start to quality.  
(c) Both of the following:  
(i) An associate degree or higher in any field of study.  
(ii) 15 clock hours of school-age training.  
(6) A site supervisor who was qualified on the site supervisor’s date of hire remains  
qualified as a site administrator as of the effective date of this rule as long as they remain  
continuously employed as a site supervisor at the center or at another licensed center  
without a break in service of more than 180 days.  
(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.  
R 400.8430 Use of large space requirements.  
Rule 430. For school-age child care centers located in a large space such as a  
cafeteria, gymnasium, or a multi-purpose room, groups can be combined if child care  
staff member to child ratios and group sizes are maintained, program staff and  
unsupervised volunteers are well positioned throughout the room, and interest areas are  
set up.  
History: 2025 MR 10, Eff. May 7, 2025.  
Editor's Note: An obvious error in R 400.8430 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 400.8440 Emergency preparedness and response planning allowance in school  
buildings.  
Rule 440. School-age child care centers located in a school building may use the  
school’s emergency preparedness plan or drills, or both, if it meets all of the requirements  
in R 400.8269.  
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History: 2025 MR 10, Eff. May 7, 2025.  
PART 8. FIRE SAFETY  
R 400.8501 National Fire Protection Association standards; adoption by  
reference.  
Rule 501. The National Fire Protection Association (NFPA) standards, in table 4,  
are adopted by reference in these rules with the exemptions noted. The standards are  
available for free from the NFPA website at www.nfpa.org, or from the National Fire  
Protection Association, 1 Batterymarch Park, P.O. Box 9109, Quincy, Massachusetts  
02269-9101. They are also available for inspection and distribution at no charge at the  
Department of Lifelong Education, Advancement, and Potential, Child Care Licensing  
Bureau, 105 West Allegan Street, Lansing, Michigan 48933.  
TABLE 4  
Standar  
Title  
Edition  
2018  
2019  
2024  
2017  
2019  
2019  
2024  
2006  
d
NFPA-  
NFPA-  
NFPA-  
Standard for Portable Fire Extinguishers  
Standard for the Installation of Sprinkler Systems  
Standard for Wet Chemical Extinguishing Systems  
10  
13  
17A  
NFPA-  
Standard for the Inspection, Testing and Maintenance  
of Water-Based Fire Protection Systems  
25  
NFPA-  
NFPA-  
NFPA-  
NFPA-  
National Fire Alarm Code and Signaling Code  
72  
Standard for Fire Doors and Other Opening Protectives  
80  
Standard for Ventilation Control and Fire Protection of  
Commercial Cooking Operations  
Standard Methods of Fire Resistance of Building  
Construction and Materials  
96  
251  
Standard Methods of Fire Tests for Evaluation Room  
Fire Growth Contribution of Textile Coverings on Full  
Height Panels and Walls  
Standard Methods of Fire Tests for Flame Propagation  
of Textiles and Films  
NFPA-  
NFPA-  
2019  
2015  
265  
701  
History: 2013 AACS; 2019 AACS.; 2025 MR 10, Eff. May 7, 2025.  
R 400.8505 Definitions.  
Rule 505. As used in this part:  
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(a) “Basement” means a story of a building or structure having ½ or more of its  
clear height below average grade for not less than 50% of the perimeter.  
(b) “Child care room” means a space or area bounded by any obstruction to egress  
of any height that, at any time, encloses more than 80% of perimeter of the space or area  
and is occupied by children.  
(c) “Closet” means a room with dimensions of not greater than 24 square feet, not  
deeper than 3 feet, and is not used to store hazardous equipment or flammable products.  
(d) “Combustible” means materials that ignite and burn when subjected to a fire or  
excessive heat.  
(e) “Conversion” means to alter the use of an existing building or room to a center.  
(f) “Existing building” means a structure or part of a structure not currently used as  
a center.  
(g) “Existing licensed center” means a center that was licensed on or before  
December 7, 2006 and whose license continues uninterrupted.  
(h) “Exit” means a way of departure from the interior of a building or structure to  
the open air outside at ground level.  
(i) “Fire alarm” means a device used to alert the occupants of the building of fire or  
smoke conditions. The device must be audible in all parts of the building used as a  
center.  
(j) “Fire alarm system” means an approved electrical closed circuit, self-supervised  
local system for sounding an alarm. The system is comprised of a central panel, manual  
pull stations near all outside exits, audible electric signal devices, and, where warranted, a  
remote trouble annunciator. All system components must be listed by a nationally  
recognized testing laboratory and installed in accordance with NFPA-72.  
(k) “Fire door assembly” means a side-hinged, labeled fire door and labeled frame  
constructed and installed in compliance with NFPA-80.  
(l) “Fire-resistance rating” means the time for an element in a building to maintain  
its particular fire resistance properties in accordance with NFPA-251.  
(m) “Fire-resistive construction” means a building having walls, ceilings, floors,  
partitions, and roof of non-combustible materials having a minimum fire-resistance rating  
of 1 hour. This subdivision does not prohibit finished wood floors, doors, and windows  
with assorted frames and trim.  
(n) “Flammable” means materials capable of being readily ignitable from common  
sources of heat or at a temperature of 600 degrees Fahrenheit, 316 degrees Celsius, or  
less.  
(o) “Fuel-fired appliance” means a device that burns solid, liquid, or gaseous fuel  
or a combination thereof.  
(p) “Hazard area” means those parts of a center building housing a commercial  
kitchen, heating plant, fuel-fired water heater, incinerator, or an area posing a higher  
degree of hazard than the general occupancy of the building.  
(q) “Heating plant room” means a room or area housing fuel-fired equipment.  
(r) “Interior finish” means the exposed interior surface materials of walls, fixed or  
movable partitions, and ceilings. This includes drywall, masonry, or wood substructure  
and surfacing materials such as paneling, tile, or other interior finish material and any  
surfacing materials, such as paint or wallpaper, applied thereto. Interior finish includes  
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materials affixed to the building structure as distinguished from decorations or  
furnishings.  
(s) “Means of egress” means a minimum of 36 inch wide continuous and  
unobstructed path of exit travel from any point in a building to the outside at grade.  
(t) “New construction” means a created structure, addition, replacement, or  
alteration of structural components, such as walls.  
(u) “Noncombustible” means materials that do not ignite and burn when subjected  
to fire.  
(v) “Protected ordinary construction” means all of the following types of  
construction:  
(i) Roofs and floors and their supports having a minimum of 1-hour fire-  
resistance rating.  
(ii) Exterior bearing walls or bearing portions of exterior walls are of  
noncombustible or limited combustible materials and have a minimum of 1-hour fire-  
resistance rating and stability under fire conditions.  
(iii) Nonbearing exterior walls are of noncombustible or limited combustible  
materials.  
(iv) Roofs, floors, and interior framing are wholly or partly made of wood of  
smaller dimension than required for heavy timber construction.  
(w) “Standard partition construction” means a substantial smoke-tight assembly  
consisting of walls, in conjunction with ceilings at which they terminate, that are covered  
on both sides with minimum standard lath and plaster or ½-inch drywall over 2 by 4 foot  
studs. Doorways in these walls are protected with minimum 1¾-inch flush solid core  
wood doors or 20-minute labeled fire-rated doors and equipped with approved self-  
closing devices and positive latching hardware. One or more glass panes are allowed in  
these walls and doors if each individual glass panel is fixed pane and not larger than  
1,296 square inches of ¼-inch wired glass with no linear dimension longer than 54  
inches, or fire-rated safety glass of any size, listed with a minimum fire rating of 45  
minutes and installed as listed. In some cases, drywall or plaster is also necessary to  
protect the underside of stairs.  
(x) “Textile material” means having a napped, tufted, looped, woven, non-woven,  
or similar surface.  
(y) “Wired glass” means glass not less than ¼-inch thick, reinforced with wire  
mesh, number 24 gauge or heavier, with spacing not greater than 1 square inch.  
(z) “Wood frame construction” means that type of construction in which exterior  
walls, bearing walls and partitions, and floor and roof constructions and their supports are  
made of wood or other combustible material.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8510 Plans and specifications; submission; approval; inspections.  
Rule 510. (1) A complete set of plans and specifications of any proposed center or  
proposed addition, alteration, or remodeling to an existing center must be submitted to  
the department for review and approval. If the total cost of the project is $25,000.00 or  
more, including labor and materials, the plans must bear the seal of a registered architect  
or engineer.  
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(2) Written approval must be obtained from the department before initiating any  
construction.  
(3) A fire safety inspection must be conducted by the bureau of fire services or a  
department-approved qualified fire inspector, and an approval granted, before issuance of  
the original license and every 4 years thereafter, at the time of renewal.  
(4) If a boiler is located in the building or child use area where children are located,  
it must be inspected, and a certificate provided, as required by the boiler division of the  
department of licensing and regulatory affairs.  
(5) Fuel-fired furnaces must be inspected by a licensed mechanical contractor  
before issuance of an original license and every 2 years at renewal.  
(6) Fuel-fired water heaters must be inspected by a licensed mechanical contractor  
or a licensed plumbing contractor before issuance of an original license and every 2 years  
at renewal.  
(7) New furnace and water heater installations must be inspected and approved by  
the local mechanical inspecting authority at the time of installation.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8515 Construction.  
Rule 515. (1) If child occupancy is limited to the first or main floor, the building  
may be of wood frame construction.  
(2) If child occupancy is on the second floor, all of the following are required:  
(a) The building must be of protected ordinary construction.  
(b) All required stairways and vertical openings must be enclosed by walls, in  
conjunction with openings therein, and ceilings at which they terminate that meet the  
requirements of standard partition construction to provide a protected means of egress to  
the outside with proper termination to grade.  
(c) All door openings contained in subdivision (b) of this subrule must meet all of  
the following requirements:  
(i) Be protected with 1¾-inch flush solid core wood doors or 20-minute labeled  
fire-rated doors.  
(ii) Be installed in fully stopped smoke-tight, substantial frames.  
(iii) Be equipped with approved self-closing devices and non-locking-against-  
egress positive latching hardware.  
(3) If child occupancy is above the second floor, then both of the following are  
required:  
(a) The building must be of 1-hour fire-resistive construction.  
(b) All required stairways and other vertical openings must be enclosed by a  
minimum 1-hour fire-resistive construction to provide a protected means of egress to the  
outside with proper termination to grade.  
(4) If any portion of a basement is used for more than 30 children, then 1 of the  
following provisions is required:  
(a) Two enclosed stairways of 1-hour fire-resistant construction must discharge  
directly to the outside with proper termination to grade, and all openings in the stairways  
must be protected by a minimum of 45-minute rated fire door assemblies. “B” labeled  
fire doors are acceptable.  
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(b) One approved exit from the occupied room or use area must discharge directly  
to the outside with proper termination to grade. Travel distance from any point in this  
room or area to this exit must be less than 50 feet.  
(c) Two exits comprised of any combination of subdivisions (a) and (b) of this  
subrule.  
(5) If basement occupancy is limited to not more than 30 children, then all of the  
following apply:  
(a) One of the exits required by subrule (4) of this rule must discharge directly to  
the outside with proper termination to grade, or through a 1-hour fire-resistive enclosure.  
(b) The second exit may terminate at the first-floor level with an approved floor  
separation meeting the requirements of standard partition construction between the  
basement and the first floor.  
(c) For new construction and conversions, the separation must be located at the first  
floor with travel distance from the door to an approved exit not to exceed 100 feet.  
(6) All vertical openings and stairways that are not required must be constructed  
and arranged with effective fire and smoke separation under the requirements of standard  
partition construction. All door openings must be as follows:  
(a) Protected with 1¾-inch flush solid core wood doors or 20-minute labeled fire-  
rated doors.  
(b) Installed in fully stopped smoke-tight substantial frames.  
(c) Equipped with approved self-closing devices and non-locking-against-egress  
positive latching hardware.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8520 Interior finishes.  
Rule 520. (1) The classifications of interior finishes for flame spread and smoke  
development, as displayed in table 5, must be used as follows:  
TABLE 5  
FLAME SPREAD AND SMOKE DEVELOPMENT FOR INTERIOR FINISHES  
Class  
Flame Spread  
0-25  
26-75  
Smoke Developed  
0-450  
0-450  
A or I  
B or II  
C or III  
76-200  
0-450  
(2) Basic materials in a means of egress and basement use occupancies must be  
class A or I or B or II.  
(3) Basic materials in all other areas must be class C or III.  
(4) Interior finish material more hazardous than class C or III is prohibited in child  
use areas.  
(5) If an approved automatic sprinkler system is installed and maintained in  
accordance with NFPA-13 and NFPA-25, class C or III interior wall and ceiling finish  
materials are allowed in any location where class B or II is required and class B or II  
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interior wall and ceiling finish materials are allowed in any location where class A or I is  
required.  
(6) In an existing licensed center or conversion, existing interior finishes that do not  
comply with the classifications in subrule (1) of this rule may have their surfaces  
protected with an approved fire-retardant coating to meet the classifications for interior  
finishes. The coatings must be applied to interior finishes that are attached to or furred  
out not more than 1 inch from a noncombustible backing and applied according to  
manufacturer’s recommendations. Documentation must be provided as required by the  
department.  
(7) Interior finish materials of classes B or II and C or III that are less than 1/4 inch  
in thickness must be applied directly against a noncombustible backing or be furred out  
not more than 1 inch unless the tests under which such material has been classed were  
made without a backer.  
(8) Centers licensed before December 7, 2006 may retain previously approved fire  
retardant coated interior finishes.  
(9) Textile materials having a class A or I rating and used as an interior finish are  
allowed as follows:  
(a) On walls or ceilings of rooms or areas protected by an automatic sprinkler  
system approved by the department.  
(b) On room partitions that are less than ¾ of the floor-to-ceiling height not to  
exceed 8 feet in height.  
(c) To extend up to 4 feet above the finished floor on ceiling-height walls and  
ceiling-height partitions.  
(d) Textile materials are allowed on walls and partitions if tested in accordance  
with and meeting the standards of NFPA-265. If compliance is achieved by application  
of a flame-proofing product in accordance with NFPA-701, documentation must be  
provided as required by the department.  
(10) Drapery material may be used for stage curtains, room dividers, and similar  
uses if the material was tested and approved in accordance with NFPA-701.  
(11) Drapery material applied to surfaces of a facility as an interior finish must  
meet the requirements of subrule (9) of this rule.  
(12) All vinyl and wooden wall dividers must meet the interior finish requirements  
of subrules (1), (2), and (3) of this rule, as applicable.  
(13) Bulletin boards must meet the interior finish requirements of subrules (2) and  
(3) of this rule.  
(14) Combustible materials and decorations may be displayed on walls, not to  
exceed 20% of each wall in each room. Combustible materials and decorations  
suspended from or near the ceiling are prohibited.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8525 Exits.  
Rule 525. (1) Except as referenced in R 400.8515(5)(b), each occupied floor must  
have not less than 2 approved exits directly to the outside with proper termination to  
grade, remote from each other by 50% of the longest dimension of the floor or area  
served, and occupied rooms within the center must be located between means of egress,  
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unless a first floor, self-contained, occupied room has an approved exit direct to the  
outside with proper termination to grade with a maximum travel distance of 50 feet from  
the most remote point in the room to the exit.  
(2) Travel distance to an exit must be as follows:  
(a) For infants and toddlers, travel must be 50 feet or less from the door of the  
occupied room to the exit.  
(b) For preschoolers and school-aged, travel must be 100 feet or less from the door  
of the occupied room to the exit.  
(c) Buildings with a complete fire suppression system may increase their travel  
distances by 50 feet if the fire suppression system plan is submitted and approved by the  
bureau of fire safety.  
(d) Those areas approved before July 1, 2000 are exempt from the requirements of  
this rule.  
(3) For all centers initially licensed after December 6, 2006, programs with infants  
and toddlers must have exits with proper termination and within 30 inches of grade or  
exits properly ramped to grade.  
(4) Exit doors and all doors in the means of egress must be side-hinged and  
equipped with knob, lever-type, non-locking-against-egress, or panic-type hardware.  
(5) Exit doors and doors in rooms occupied by 21 or more children must swing in  
the direction of egress.  
(6) Means of egress must be maintained in an accessible, free, and unobstructed  
manner while a center is in operation.  
(7) In new construction, additions, remodeling, and conversions, there must be a  
floor or landing on each side of an exit door. The floor or landing must be at the same  
elevation on each side of the door, except for variations in elevation due to differences in  
finish materials, which must not exceed ½ inch.  
(8) In conversions, landings must have a width not less than the width of the  
stairway or the width of the door, whichever is greater. Landings must have a length not  
less than the width of the door.  
(9) In new construction, additions, and remodeling, landings must comply with the  
latch-side clearance requirements of sections 404.2.3 to 404.2.3.5 of the International  
Code Council standard A117.1,-2017 Standard for Accessible and Usable Buildings and  
Facilities, American National Standard, which is adopted by reference and only applies to  
this subrule. The A117.1,-2017 Standard for Accessible and Usable Buildings and  
Facilities, American National Standard, can be purchased from the International Code  
Council for $36.60 at https://shop.iccsafe.org/icc-a117-1-2017-standard-for-accessible-  
and-usable-buildings-and-facilities-1.html, or from the International Code Council, 200  
Massachusetts Ave, NW, Suite 250, Washington DC 20001, or by calling (888) 422  
7233. They are also available for inspection and distribution at no charge at the  
Department of Lifelong Education, Advancement, and Potential, Child Care Licensing  
Bureau, 105 West Allegan Street, Lansing, Michigan 48933.  
(10) For new construction, additions, and remodeling, an exit door must be not less  
than 36 inches wide. Doors to multiple-use bathrooms must not be less than 32 inches  
wide.  
(11) For the conversion of an existing building, exterior exit doors must be not less  
than 36 inches wide. Existing interior doors must be not less than 28 inches wide. Single-  
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use toilet room doors must not be less than 24 inches wide. Any remodeled door  
openings, other than the door swing, must comply with subrule (10) of this rule.  
(12) Centers licensed before December 7, 2006 may retain previously approved  
door widths.  
(13) Exterior exits must be marked or denoted by an approved exit sign. All exit  
signs must be distinctive in color and provide contrast with decorations, interior finish, or  
other signs. Each exit sign must have the word “EXIT” in plain, legible letters not less  
than 6 inches high, on a background of contrasting color, with strokes not less than ¾-  
inch wide. The word “EXIT” must have letters that are not less than 2 inches wide,  
except the letter “I”.  
(14) Exit signs must be internally or externally illuminated at all times. To ensure  
continued illumination for a duration of not less than 90 minutes, in case of primary  
power loss, the sign illumination means must be connected to an emergency power  
system provided from storage batteries, unit equipment, or an on-site generator.  
(15) When nighttime care is provided, the center must have exits with proper  
termination and within 30 inches of grade or exits properly ramped to grade.  
(16) When nighttime care is provided, all exit signs must be illuminated, and  
emergency lighting provided at the interior and exterior of the exits.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8530 Hazard Areas.  
Rule 530. (1) Hazard areas must be separated from the parts of the building used as  
a center in the following manner:  
(a) In centers licensed before June 4, 1980, areas used for the storage of  
combustibles and other hazard areas are approved if they are enclosed with a minimum  
¾-hour fire resistive construction and doorways to the areas are protected with a  
minimum 1¾-inch flush solid core wood or 20-minute labeled fire-rated doors equipped  
with approved self-closing devices and positive latching hardware.  
(b) In centers licensed between June 4, 1980 and July 1, 2000, areas used for the  
storage of combustibles and other hazards are approved if they are enclosed by 1 of the  
following:  
(i) If the area used for the storage of combustibles exceeds 100 square feet, by  
construction having a minimum 1-hour fire resistance rating, openings in the separation  
must be protected with a minimum of 45-minute rated fire door assembly, including an  
approved self-closing device and positive latching hardware. “B” labeled doors are  
acceptable.  
(ii) If the area used for the storage of combustibles does not exceed 100 square  
feet, by construction having a minimum ¾-hour fire resistance rating, all door openings  
must be protected by minimum 1¾-inch flush solid core wood doors or 20-minute labeled  
fire-rated doors hung in substantial frames and equipped with approved self-closing  
devices and positive latching hardware.  
(c) In centers licensed after July 1, 2000, areas used for the storage of  
combustibles and other hazards are approved if they are enclosed by 1 of the following:  
(i) If the area used for the storage of combustibles exceeds 100 square feet, by  
construction having a minimum 1-hour fire resistance rating, openings in the separation  
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must be protected with a minimum of 45 minute-rated fire door assembly, including an  
approved self-closing device and positive latching hardware. “B” labeled doors are  
acceptable.  
(ii) If the area used for the storage of combustibles does not exceed 100 square  
feet, by construction having a minimum 1-hour fire resistance rating. All door openings  
must be protected by minimum 1¾ inch flush solid core wood doors or 20-minute labeled  
fire-rated doors in substantial frames and equipped with approved self-closing devices  
and positive latching hardware.  
(iii) If the area is used for the storage of combustibles, including basements and  
areas adjacent to the licensed area, a room must be protected according to subrule  
(1)(c)(i) or (ii) of this rule.  
(2) If a kitchen with fuel-fired appliance cooking equipment exposes a required  
means of egress or child use area, it must be separated from the remainder of the building  
with minimum 1-hour fire resistive construction, including a minimum of 45-minute  
rated fire door assemblies in all common openings. Kitchens having fuel-fired appliance  
cooking equipment protected by an approved automatic kitchen hood suppression system  
are exempt from this requirement. “B” labeled doors are acceptable.  
(3) The use of an incinerator is prohibited.  
(4) Heating must be by a central heating plant or an approved permanently installed  
electrical heating system. If heating is provided by a central heating plant and located on  
the same floor that is used for child occupancy or adjacent to the licensed area such as the  
basement or attic, it must be installed in an enclosure providing not less than a 1-hour  
fire-resistive separation, including a minimum of 45-minute rated fire door assembly  
equipped with an approved self-closing device and positive latching hardware in any  
interior door opening.  
(5) In centers licensed before December 7, 2006, a properly installed heating plant  
located in a basement that is not used for child occupancy does not require additional  
protection if there is a qualified fire separation and with not less than a 1¾-inch flush  
solid core wood doors or 20-minute labeled fire-rated doors hung in a substantial frame  
and equipped with an approved self-closing device and positive latching hardware in all  
stairway openings.  
(6) Any fuel-fired appliance must be located according to subrule (4) or (5) of this  
rule, as applicable.  
(7) If electric heating is used, it must be Underwriters’ Laboratories, Inc. (UL)  
listed, permanent, fixed-type electrical heating such as recognized panel or baseboard  
fixed-type. Electric heating that complies with this requirement may be installed in any  
location.  
(8) Auxiliary heating units, such as portable combustion or electrical types, are  
prohibited.  
(9) The center shall not store flammable materials, including fuels, pressurized  
cans, cleaning fluids and supplies, polishes, and matches, in heat plant enclosures. These  
items may be stored outside of child use areas in metal cabinets or storage facilities  
accessible only to authorized staff.  
(10) The center shall not store combustible materials within the central heating  
plant or fuel-fired water heater rooms or in basements containing fuel-fired heating  
equipment, without a proper fire separation.  
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(11) The center shall not allow flammable gases, gasoline, or gasoline-powered  
equipment in the part of a building that is used as a center or in other parts of the building  
from which there is a door, window, or other opening into the center, unless that part of  
the building is separated from the remainder of the building by minimum 2-hour fire  
resistive construction.  
(12) If a fuel-fired laundry equipment is installed, the equipment must be enclosed  
to provide a 1-hour resistance to fire, including a minimum of 45-minute rated fire door  
assembly in an interior door opening that would expose the center. “B” labeled doors are  
acceptable.  
(13) Dryer vents must be metal or Underwriters’ Laboratories, Inc (UL) listed  
flexible transition duct and vented completely to the exterior.  
(14) The department does not require fire dampers in ¾-hour and 1-hour fire-  
resistive enclosures.  
(15) All appliances and equipment in the center must be installed and maintained in  
accordance with their manufacturer’s specifications.  
(16) Centers shall be maintained free of all conditions that constitute fire safety  
hazards.  
(17) When oxygen is needed for a child in care, all of the following must apply:  
(a) The center shall not store more than a day’s worth of oxygen on the premises and  
only when the child is in attendance.  
(b) Tanks that are not in use must be secured from tipping over and labeled as full or  
empty.  
(c) Signs stating “Oxygen in Use” must be posted at every entrance of the building.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8535 Fire alarm.  
Rule 535. (1) In centers with 4 child-occupied rooms or less, excluding bathrooms,  
and 60 or less children, a fire evacuation method, either electrical or manual, must be  
installed, with a separate and distinct notice sounding throughout the center.  
(2) In centers of more than 4 child-occupied rooms, excluding bathrooms, or in  
centers licensed for more than 60 children, an approved fire alarm system must be  
installed and maintained in compliance with NFPA-72.  
(3) In new construction, conversions, remodeling, or newly licensed centers, the  
trouble signal for required fire alarm systems must be located in an area normally  
occupied by child care staff members.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8540 Smoke alarms; carbon monoxide detectors.  
Rule 540. (1) All child care centers shall, at a minimum, be equipped with  
approved single station smoke alarms covering all use areas and their means of egress.  
These smoke alarms must be located and spaced according to NFPA-72.  
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(2) Centers in buildings equipped with a fire alarm system shall have system smoke  
alarms installed in accordance with subrule (1) of this rule that are connected to and  
monitored by the fire alarm system.  
(3) Centers in buildings with any fuel-fired heating systems shall have a carbon  
monoxide detector, listed by a nationally recognized testing laboratory, on all levels  
approved for child care and in each use area covered by a different furnace zone.  
(4) Centers shall properly install and maintain all alarms and detectors in operable  
condition in accordance with manufacturer’s recommendations.  
(5) Other detector installation and arrangements approved before the adoption of  
these rules may remain in service.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8545 Fire extinguishers.  
Rule 545. (1) Multipurpose fire extinguishers, having ratings of not less than 2A-  
10BC, must be installed in or adjacent to the kitchen or cooking area and in or adjacent to  
the door of the heating plant room.  
(2) Additional fire extinguishers must be provided in accordance with NFPA-10 for  
light hazard occupancies, including child care centers.  
(3) Fire extinguishers must be properly mounted, inspected, and maintained in  
accordance with NFPA-10. The fire extinguisher must bear a tag indicating the last date  
of inspection or service and the initials of the individual who performed the inspection or  
service.  
History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8550 Electrical service.  
Rule 550. (1) The electrical service shall be maintained in a safe condition.  
(2) For new construction and additions, electrical systems and service shall be  
inspected and approved by the electrical inspecting authority having jurisdiction. A copy  
of the certificate of approval shall be maintained at the center at all times.  
(3) When warranted, conversions of existing buildings and existing rooms to child  
care use, as well as existing licensed centers, may require an electrical inspection.  
(4) Extension cords, listed by a nationally recognized testing laboratory, and used in  
accordance with all manufacturer’s recommendations, may be used on a temporary basis,  
and for short periods of time.  
(5) All electrical outlets in child use areas for children who are not yet school-age  
shall be made inaccessible to children.  
(6) All electrical outlets in approved child use space located within 6 feet of a sink  
or other water source shall be protected by a ground-fault circuit interrupter (GFCI).  
(7) Power strips shall be equipped with surge protectors and shall not be longer than  
6 feet or be connected to another power strip.  
History: 2013 AACS.  
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R 400.8555 Open-flame devices; candles.  
Rule 555. All open-flame devices, candles, and incense are prohibited, except for  
religious celebrations.  
History: 2013 AACS.  
R 400.8560 Rescinded.  
History: 2013 AACS; 2019 AACS; rescinded 2022 MR 17, Eff. June 23,2022.  
R 400.8565 Fire safety; exemptions for public and nonpublic school buildings.  
Rule 565. The rules with respect to fire prevention and fire safety in this part do not  
apply to a center 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 an individual or entity with whom a school contracts for services, if the center is  
located in a school building that is approved by the state fire marshal or other similar  
authority for school purposes.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
PART 9. TRANSPORTATION  
R 400.8701. Definitions.  
Rule 701. As used in this part:  
(a) “Manufacturer’s rated seating capacity” means the number of places or spaces  
provided by the manufacturer of a vehicle for the driver and passengers to sit while the  
vehicle is in motion.  
(b) “Motor vehicle” means a self-propelled device in which individuals are or may  
be transported on a highway, built on an automobile or truck chassis specifically designed  
by the manufacturer to transport passengers, or specially modified to transport  
handicapped passengers, and that meets the safety equipment requirements of sections  
683 to 711 of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to 257.711.  
(c) “Multifunction school activity bus” means that term as described in section 7 of  
the pupil transportation act, 1990 PA 187, MCL 257.1807.  
(d) “Safety belt” means an automobile lap belt or lap-shoulder belt combination  
designed to restrain and protect a passenger or driver of a vehicle from injury.  
(e) “School bus” means that term as defined in section 7 of the pupil transportation  
act, 1990 PA 187, MCL 257.1807.  
(f) “School transportation” means transportation provided by a public, non-public,  
or private school.  
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(g) “Transportation” means the conveyance of children by means of a motor  
vehicle to or from a center and to and from all activities planned for children by or  
through the center.  
(h) “Transportation component” means when a center uses center owned vehicles,  
vehicles of staff or volunteers, or other private or contracted transportation to transport  
children for any reason. Transportation component does not include either of the  
following:  
(i) Transportation is not a component of the child care program if a child care  
center uses public transportation or public or private school transportation; however,  
certain transportation rules still apply.  
(ii) Transportation is not a component of the child care program if a child care  
center contracts with, or is established and operated by an intermediate school district, the  
board of a local school district, or by the board or governing body of a state-approved  
nonpublic school. If transportation is not a component of the child care program, the  
school is responsible for the health and safety of children during transportation. If this  
paragraph applies, a child care center is not required to complete a comprehensive  
background check on the transportation staff through the Child Care Background Check  
System.  
(i) “Volunteer motor vehicle” means a motor vehicle not owned by, leased by, or  
registered to the center or principle or employee of the center.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8710 Transportation.  
Rule 710. (1) If transportation other than public transportation or school  
transportation is provided, contracted, or sponsored by the center, all rules in this part  
apply.  
(2) If public transportation or school transportation is used, only R 400.8760,  
400.8770, and 400.8780 apply.  
(3) If a parent makes a private arrangement for the transportation of their child, not  
including arrangements made with the center, the rules in this part do not apply.  
History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8720 All motor vehicles.  
Rule 720. (1) All motor vehicles must be in safe operating condition.  
(2) All motor vehicles, except multifunction school activity buses and school buses  
inspected by the department of state police as indicated in subrule (3) of this rule, must be  
inspected annually by a licensed mechanic. A copy of the inspection must be kept on file  
at the center. Volunteer vehicles are not required to be inspected.  
(3) Centers that use multifunction school activity buses and school buses must do  
all of the following:  
(a) Contact the department of state police to determine if an annual inspection by  
the department of state police is required under section 39 of the pupil transportation act,  
1990 PA 187, MCL 257.1839.  
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(b) If directed by the department of state police, obtain an annual inspection by the  
department of state police. A copy of the inspection must be kept on file at the center.  
(4) A statement verifying that all motor vehicles, including volunteer vehicles, are  
in compliance with Michigan vehicle code safety equipment requirements, as defined in  
sections 683 to 711 of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to  
257.711, must be kept on file at the center.  
(5) The use of passenger vans with a rated seating capacity of 11 or more, including  
volunteer vehicles, is prohibited.  
(6) Multifunction school activity buses used for transporting children between the  
child care center and school must comply with all minimum safety specifications, except  
color, identification, and alternating flashing lights, as defined in the pupil transportation  
act, 1990 PA 187, MCL 257.1801 to 257.1877.  
(7) Motor vehicle seats used by children, staff, and volunteers must not face  
sideways.  
(8) A truck must not be used to transport children, except in the cab.  
(9) There must be no loose or heavy objects in the passenger compartment of any  
motor vehicle.  
History: 2013 AACS; 2019 AACS.  
R 400.8730 Safety equipment in motor vehicles.  
Rule 730. (1) All motor vehicles used to transport children must carry all the  
following safety equipment:  
(a) Three bidirectional emergency reflective triangles properly cased and securely  
stored in the motor vehicle.  
(b) A first aid kit securely stored in an accessible location in the driver  
compartment.  
(2) Any motor vehicle with a manufacturer’s rated seating capacity of more than 10  
occupants used to transport children must carry both of the following additional safety  
equipment:  
(a) Not less than 3 15-minute flares or an approved battery-operated substitute  
properly cased and securely stored in the driver’s compartment.  
(b) Fire extinguisher of dry chemical type rated not less than 2A-10BC mounted in  
an accessible place in the driver’s compartment. The fire extinguisher must be inspected  
and maintained in accordance with NFPA-10. The fire extinguisher must bear a tag  
indicating the last date of inspection or service and the initials of the person who  
performed the inspection or service.  
(3) Volunteer motor vehicles are exempt from subrule (1)(a) of this rule.  
History: 2013 AACS; 2019 AACS.  
R 400.8740 Manufacturer’s rated seating capacity; restraint devices; safety  
belts.  
Rule 740. (1) Each child transported shall be seated according to the  
manufacturer’s rated seating capacity and properly restrained by a passenger restraint  
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device pursuant to sections 710d and 710e of the Michigan vehicle code, 1949 PA 300,  
MCL 257.710d and 257.710e.  
(2) Passenger restraint devices, as required by subrule (1) of this rule, are not  
required for children transported on a school bus or a multifunction school activity bus.  
(3) Each restraint device must be properly anchored to the vehicle seat and used  
according to the manufacturer’s specifications.  
(4) Allowing 2 or more children to share a seat belt or restraint device is prohibited.  
(5) The driver of a motor vehicle and all adult passengers shall be seated according  
to the manufacturer’s rated seating capacity and properly restrained by safety belts when  
the motor vehicle is in motion.  
(6) All safety belts and restraint devices used while transporting children and adults  
must be in good working condition.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8750 Motor vehicle operator.  
Rule 750. (1) The driver of any motor vehicle transporting children shall comply  
with all of the following:  
(a) Be at least 18 years of age.  
(b) Possess a valid operator or chauffeur’s license with the appropriate  
endorsement as required by chapter III of the Michigan vehicle code, 1949 PA 300, MCL  
257.301 to 257.329.  
(c) Have a personal driving record with not more than 6 active points as  
determined by the secretary of state.  
(d) Have proof of valid automobile insurance and registration.  
(e) Be familiar with the contents of the first aid kit.  
(f) Be familiar with the operation of the fire extinguisher, if a fire extinguisher is  
required.  
(2) All of the following documents must be kept on file at the center:  
(a) A copy of each driver’s driving record, except for drivers of volunteer motor  
vehicles, obtained from the secretary of state at least once a year.  
(b) A self-certifying statement that all volunteer drivers comply with subrule (1) of  
this rule.  
(c) A copy of a valid driver’s license for each driver.  
(3) Drivers shall be provided with a copy of the child information card or  
comparable substitute for each child being transported in their motor vehicles.  
History: 2013 AACS; 2019 AACS.  
R 400.8760 Program staff and unsupervised volunteer-to-child ratio and  
supervision in transit.  
Rule 760. (1) The ratio of staff and volunteers-to-children in transit is based on the  
following provisions:  
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(a) For infants and toddlers, there must be 1 program staff member or unsupervised  
volunteer for 4 children. The driver does not count in the staff and volunteer-to-child  
ratio.  
(b) For preschoolers under 3 years of age, there must be 1 staff member or  
volunteer for 8 children. The driver does not count in the program staff and unsupervised  
volunteer-to-child ratio.  
(c) For 3-year-olds, there must be 1 program staff member or unsupervised  
volunteer for 10 children. The driver may be counted in the program staff or  
unsupervised volunteer-to- child ratio.  
(d) For 4-year-olds, there must be 1 child care staff member or volunteer for 12  
children. The driver may be counted in the staff or volunteer-to-child ratio.  
(e) For school-aged, there must be 1 child care staff member or volunteer for 18  
children. The driver may count in the staff or volunteer-to-child ratio. This requirement  
does not apply when school-age children are transported to and from school on school  
transportation or are using public transportation.  
(f) An additional child care staff member or volunteer is not required if only 1 child  
under 36 months of age is transported.  
(2) To count in the child care staff member or volunteer-to-child ratios, child care  
staff members or volunteers shall be all of the following:  
(a) Not less than 16 years of age.  
(b) Seated with the children.  
(c) Responsible for the supervision of the children.  
(3) When children are entering or leaving the motor vehicle, the following safety  
precautions must be taken:  
(a) The accompanying child care staff member, volunteer, or driver shall ensure  
that the children are received by a child care staff member, parent, or other individual as  
designated by the parent.  
(b) Children shall enter and leave the motor vehicle from the curbside unless the  
vehicle is in a protected parking area or driveway.  
(4) Children shall not be left unattended in a motor vehicle.  
(5) When children under school-age are entering or leaving the motor vehicle, the  
children shall be carried or helped into and out of the motor vehicle.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8770 Time limitation on child transit.  
Rule 770. For children under school-age, transportation routes must be planned so  
that a child is not in the motor vehicle longer than 1.5 continuous hours.  
History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8780 Parent permission for transportation.  
Rule 780. (1) A center shall obtain a parent’s written permission annually for  
routine transportation.  
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(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 maintained on file at the center.  
History: 2025 MR 10, Eff. May 7, 2025.  
PART 10. SWIMMING  
R 400.8801 Definitions.  
Rule 801. As used in this part:  
(a) “Lifeguard” means a person who meets the following criteria:  
(i) Possesses an appropriate and current life guard training and certification by  
the American Red Cross, YWCA, YMCA, or equivalent in 1 of the following:  
(A) Basic lifeguard for pool only.  
(B) Full life guarding for pool and all other water activities.  
(ii) Is dressed suitably to act in an emergency.  
(iii) Is providing constant supervision.  
(b) “Public swimming pool” means that term as defined in section 12521 of the  
public health code, 1978 PA 368, MCL 333.12521.  
History: 2013 AACS; 2019 AACS.  
R 400.8810 Swimming; child care staff member-to-child ratio.  
Rule 810. (1) Written parental permission regarding their child’s participation in  
swimming activities must be maintained on file at the center.  
(2) A lifeguard shall be on duty at all swimming activities and shall not be included  
in the child care staff member-to-child ratio.  
(3) For children under 3 years of age, there shall be an in-the-water ratio of 1 child  
care staff member to 1 child.  
(4) For all non-swimmers 3 years of age and older, there shall be an in-the-water  
ratio of 1 child care staff member to 4 children when the water level is at the child’s chest  
height or lower. When the water level is above the child’s chest height, there shall be an  
in-the-water ratio of 1 child care staff member to 1 child.  
(5) For swimmers 3 years of age and older, there shall be an in-the-water child care  
staff member-to-child ratio as required by R 400.8222(3).  
History: 2013 AACS; 2019 MAACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8820 Swimming activity supervision.  
Rule 820. All child care staff members counted in the child care staff member-to-  
child ratio shall be both of the following:  
(a) Actively engaged in providing direct care, supervision, and guidance.  
(b) Physically able to assist children quickly.  
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History: 2013 AACS; 2019 AACS.  
R 400.8830 Instructional swim.  
Rule 830. (1) Instructional swim must be conducted under the supervision of a  
qualified water safety instructor (WSI), who is certified by the American Red Cross, in an  
organization such as the YMCA or YWCA, and where instructional swim is part of the  
organized program.  
(2) The child care staff member-to-child ratio under R 400.8222(3) must be  
maintained. The instructor shall not be included in the ratio.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
R 400.8840 Swimming activity area.  
Rule 840. (1) All swimming areas must be maintained in a clean and safe  
condition.  
(2) A public pool used for swimming must be inspected by the local health  
department and issued a license by the department of environment, Great Lakes, and  
energy.  
(3) The water at a public or private beach must not be used if determined unsafe by  
the local health department.  
(4) A working phone must be accessible on the premises.  
(5) All of the following safety equipment must be readily accessible:  
(a) First aid kit.  
(b) Rescue pole or throwing rope and ring buoy.  
(c) Signaling device.  
(6) The use of hot tubs, residential pools, and private wading pools is prohibited.  
History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.  
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