DEPARTMENT OF HEALTH AND HUMAN SERVICES  
DIVISION OF CHILD WELFARE LICENSING  
CHILD CARING INSTITUTIONS  
Filed with the secretary of state on November 25, 2019  
These rules take effect immediately upon filing with the secretary of state unless adopted under  
section 33, 44, or 45a(6) 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 health and human services by  
section 2 of 1973 PA 116, MCL 722.112, and Executive Reorganization No. 2015-1, MCL  
400.227.)  
R 400.4101 and R 400.4112 of the Michigan Administrative Code are amended, as follows:  
PART 1. GENERAL PROVISIONS  
R 400.4101 Definitions.  
Rule 101. As used in these rules:  
(a) “Accredited college or university” means a college or university recognized by the  
United States Department of Education.  
(b) “Act” means 1973 PA 116, MCL 722.111 to 722.128, known as the child care organization  
licensing act.  
(c) “Audit” means a review done by an auditor that conforms with generally  
accepted accounting principles.  
(d) "Case record" means the individual file kept by an institution concerning a child  
who has been placed at the institution.  
(e) "Chief administrator" means the person designated by the licensee as having the  
onsite day-to-day responsibility for the overall administration of a child caring institution  
and for assuring the care, safety, and protection of residents.  
(f) “Chief administrator designee” means a person above the level of the supervisor  
who approved an action, and who was not involved in the decision being reviewed.  
(g) "Child caring institution," hereinafter referred to as "institution" or CCI, means  
an institution as defined in section 1 of the act, MCL 722.111.  
(h) "Child caring institution staff member” means an individual who is 18 years or older, and  
to whom any of the following apply:  
(i) Is employed by a child caring institution for compensation, including adults who do not  
work directly with children.  
(ii) Is a contract employee or self-employed individual working with a child caring institution.  
(iii) Is an intern or other person who provides specific services under these rules.  
(i) Child placing agency" means an agency as defined in section 1 of the act, MCL 722.111.  
(j) “Children’s therapeutic group home” means a children’s therapeutic group home  
November 5, 2019  
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as defined in section 1 of the act, MCL 722.111.  
(k) “Corporal punishment” means hitting, paddling, shaking, slapping, spanking, or  
any other use of physical force as a means of behavior management.  
(l) “Criminal history check” means that term as defined in section 1 of the act, MCL 722.111.  
(m) “Detention facility” means an institution that primarily provides care and  
supervision for youth pending adjudication for status or criminal offenses or pending  
placement in a treatment facility post-adjudication.  
(n) "Department" means the Michigan department of health and human services.  
(o) "Developmentally disabled" means an individual who has an impairment of  
general intellectual functioning or adaptive behavior that meets all the following  
criteria:  
(i) It originated before the person became 18 years of age.  
(ii) It has continued since its origination or can be expected to continue indefinitely.  
(iii) It constitutes a substantial burden to the impaired person's ability to perform  
normally in society.  
(iv) It is attributable to 1 or more of the following:  
(A) Significant cognitive impairment, cerebral palsy, epilepsy, or autism.  
(B) Any other condition of a person found to be closely related to significant  
cognitive impairment because it produces a similar impairment or requires treatment and  
services similar to those required for a person who is significantly cognitively impaired.  
(p) "Direct care worker" means a person who provides direct care and supervision of  
children in an institution.  
(q) “Human behavioral science” means a course of study producing a degree from  
an accredited college or university in any of the following:  
(i) Social work.  
(ii) Psychology.  
(iii) Guidance and counseling.  
(iv) Consumer or community services.  
(v) Criminal justice.  
(vi) Family ecology.  
(vii) Sociology.  
(r) “Juvenile justice youth” means a youth pending adjudication for status or  
criminal offenses or a youth who has been adjudicated under section 2(a) of chapter XIIA  
of the probate code of 1939, 1939 PA 288, MCL 712A.2(a), or section 1 of chapter IX of  
the code of criminal procedure, 1927 PA 175, MCL 769.1.  
(s) "License" means a license issued by the department to a non-governmentally  
operated institution or a certificate of approval issued by the department to a  
governmentally operated institution indicating that the institution is in compliance with  
these rules.  
(t) “Licensee" means the agency, association, corporation, firm, organization,  
person, partnership, department, or agency of the state, county, city, or other political  
subdivision that has submitted an original application for licensure or approval or has  
been issued a license or certificate of approval to operate a child caring institution.  
(u) “Licensee designee” means the individual who is authorized by the licensee,  
board of directors, or the governing body for a public institution, to act on behalf of the  
corporation or organization on licensing matters.  
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(v) "Licensing authority" means the administrative unit of the department that has the  
responsibility for making licensing and approval recommendations for an institution.  
(w) "Medication" means prescription and nonprescription medicines.  
(x) “Misconduct” is conduct by a resident that affects the safety and security of  
residents, staff, or the community.  
(y) "Open institution" means an institution or facility, or portion thereof, that is  
used to house residents and that is not locked against egress, except for an approved  
behavior management room.  
(z) "Parent" means biological parent, including custodial and non-custodial parent,  
adoptive parent, or guardian.  
(aa) “Personal restraint”, also referred to as resident restraint, means personal  
restraint as defined in section 2b of the act, MCL 722.112b.  
(bb) "Protection" means the continual responsibility of the licensee to take reasonable  
action to ensure the health, safety, and well-being of a resident while under the  
supervision of the licensee or an agent or employee of the licensee, including protection  
from physical harm, humiliation, intimidation, and social, moral, financial, and personal  
exploitation.  
(cc) "Resident" means a child who is admitted to and resides in an institution.  
(dd) “Seclusion” means seclusion as defined in section 2b of the act, MCL  
722.112b.  
(ee) “Seclusion room" means a room or area approved for the confinement or  
retention of a single resident. The door to the room may be equipped with a security  
locking device that operates by means of a key or is electrically operated and has a key  
override and emergency electrical backup in case of a power failure.  
(ff) "Secure institution" means an institution, or portion thereof, other than a  
seclusion room, used to house residents that is secured against egress from the building.  
(gg) “Serious injury” means any significant impairment of the physical condition of  
the minor child as determined by qualified medical personnel. This includes, but is not  
limited to, burns, lacerations, bone fractures, substantial hematoma, and injuries to  
internal organs, whether self-inflicted or inflicted by someone else.  
(hh) “Shelter care facility” means an institution that primarily provides care for  
residents for assessment, short-term supportive care, or placement planning.  
(ii) "Social service supervisor" means a person who supervises a social service  
worker.  
(jj) “Social service worker" means a person who works directly with residents, their  
families, and other relevant individuals and who is primarily responsible for the  
development, implementation, and review of service plans for the resident. This  
definition does not prevent a team approach to service plan development and  
implementation.  
(kk) "Terms of license" or "terms of approval" means those designations noted on an  
institution's license or certificate of approval for which the institution is authorized or  
approved. Such designations include the following:  
(i) Short-term institution.  
(ii) Residential treatment institution.  
(iii) Secure institution.  
(iv) Open institution.  
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(v) Age of children to be accepted for care.  
(vi) Sex of children to be accepted for care.  
(vii) Number of children to be accepted for care.  
(viii) Effective and expiration dates.  
(ll) “Treatment institution" means an institution whose primary purpose and  
function is to provide habilitative or rehabilitative services.  
R 400.4112 Criminal history check, subject to requirements; staff qualifications.  
Rule 112. (1) Child caring institutions subject to 42 USC 671 shall not permit a child caring  
institution staff member to begin working unless all the following has been completed using the  
forms, and in the manner, prescribed by the department:  
(a) A criminal record check as referenced in R 400.4113(f), including a fingerprint-based check  
of national crime information databases, unless an alternative criminal history check has been  
approved by the federal government.  
(b) A check of Michigan’s child abuse and neglect central registry or Canadian provincial  
agency as referenced in R 400.4113(i).  
(c) A check of other states’ child abuse registry that the person has lived in within the  
preceding five years.  
(2) A person who has unsupervised contact with children shall not have been  
convicted of either of the following:  
(a) Child abuse or neglect.  
(b) A felony involving harm or threatened harm to an individual within the 10 years  
immediately preceding the date of hire.  
(3) A person who has unsupervised contact with children shall not be a person who  
is listed on the central registry as a perpetrator of child abuse or child neglect.  
(4) A person with ongoing duties shall have both of the following:  
(a) Ability to perform duties of the position assigned.  
(b) Experience to perform the duties of the position assigned.  
(5) An unsupervised volunteer who performs work, including adults who do not work directly  
with children, is subject to the requirements of subrule (1)(a) and (b) of this rule.  
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