DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
CHILD CARE LICENSING BUREAU  
LICENSING CHILD CARE CENTERS  
Filed with the secretary of state on February 15, 2022  
These rules take effect immediately upon filing with the secretary of state unless  
adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969,  
1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections  
become effective 7 days after filing with the secretary of state.  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by section 2 of 1973 PA 116, MCL 722.112, and Executive Reorganization Order  
Nos. 1996-1, 1996-2, 2003-1, 2004-4, and 2015-1, MCL 330.3101, 445.2001, 445.2011,  
400.226, and 400.227)  
R 400.8182 of the Michigan Administrative Code is amended, as follows:  
R 400.8182 Ratio and group size requirements.  
Rule 182. (1) At least 2 adults, 1 of whom is a child care staff member, shall be present  
at all times when at least 3 children between the ages of birth and 3 years of age are  
present. A second child care staff member is required when needed to comply with  
subrule (3) of this rule.  
(2) At least 2 adults, 1 of whom is a child care staff member, shall be present at all times  
when 7 or more children over 3 years of age are present. A second child care staff  
member is required when needed to comply with subrule (3) of this rule.  
(3) In each room or well-defined space, the maximum group size and ratio of child care  
staff members to children, including children related to a staff member or the licensee,  
must be as shown in Table 4:  
TABLE 4  
Child Care Staff Member to Child Ratios  
Age  
Child Care Staff  
Member to Child Ratio  
1 to 4  
Maximum  
Group Size  
(a)  
(b)  
(c)  
(d)  
(e)  
Infants and toddlers, birth until 30  
months of age  
Preschoolers, 30 months of age  
until 3 years of age  
Preschoolers, 3 years of age until 4  
years of age  
12  
16  
30  
36  
36  
1 to 8  
1 to 10  
1 to 12  
1 to 18  
Preschoolers, 4 years of age until  
school-age  
School-agers  
January 25, 2022  
2
(4) Children who have reached 33 months of age may, when developmentally  
appropriate, be enrolled in a 3-year-old classroom with written parental permission. The  
ratio listed in subrule (3)(c) of this rule applies.  
(5) Children who have reached 45 months of age may, when developmentally  
appropriate, be enrolled in a 4-year-old classroom with written parental permission. The  
ratio listed in subrule (3)(d) of this rule applies.  
(6) Children who have reached 57 months of age but who are not considered a school-  
ager may, when developmentally appropriate, be enrolled in a school-age classroom with  
written parental permission. The ratio listed in subrule (3)(e) of this rule applies.  
(7) If there are children of mixed ages in the same room or well-defined space, then the  
ratio and group size is determined by the age of the youngest child, unless each group of  
children is clearly separated and the appropriate child care staff member-to-child ratios  
and group sizes, if applicable, for each age group are maintained.  
(8) An exception to the requirements of subrule (3) of this rule may be made when the  
center is transporting children and is in compliance with R 400.8760(1) and (2).  
;