Agency Report to JCAR – Page 2  
AGENCY REPORT TO THE  
JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority  
to promulgate the rules must complete and submit this form electronically to the Michigan Office of  
Administrative Hearings and Rules (MOAHR) at MOAHR-Rules@michigan.gov.  
1. Agency Information:  
Agency name: Licensing and Regulatory Affairs  
Division/Bureau/Office: Bureau of Community and Health Systems  
Name, title, phone number, and e-mail of person completing this form: Tammy Bagby, Analyst,  
bagbyt@michigan.gov,  
517-335-4084  
Name of Departmental Regulatory Affairs Officer reviewing this form: Liz Arasim  
Department of Licensing  
and Regulatory Affairs  
2. Rule Set Information:  
MOAHR assigned rule set number: 2018-029 LR  
Title of proposed rule set: Licensing Family and Group Child Care Homes  
3. Purpose for the proposed rules and background:  
The proposed rule revisions are necessary to comply with recent amendments to the Child Care  
Organizations Act, 1973 PA 116, and requirements for the federal Child Care and Development  
Block Grant. The proposed revisions will provide the latest standards to protect the health and  
safety of children in family and group child care homes. The rules have not been updated since  
2009.  
4. Summary of proposed rules:  
The proposed rules would ensure that all child care staff undergo a comprehensive background  
check before having any contact with children. They would update certain health and safety  
requirements within licensed family and group child care homes. In addition, they increase training  
requirements for child care staff on certain health and safety subjects. This will provide the latest  
standards to protect the health and safety of children in family and group child care homes.  
5. List names of newspapers in which the notice of public hearing was published and publication  
dates (attach copies of affidavits from each newspaper as proof of publication).  
July 2, 2019- Grand Rapids Press  
July 2, 2019 Jackson Citizen Patriot  
July 1, 2019- Marquette Mining Journal  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
July 15, 2019 Michigan Register  
7. Time, date, location, and duration of public hearing:  
July 18, 2019 from 3-3:32 pm.  
Library of Michigan and Historical Museum -Forum Auditorium  
702 W. Kalamazoo St., Lansing, MI  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://dtmb.state.mi.us/ORRDocs/RIS/1810_2018-029LR_ris.pdf  
9. List of the name and title of agency representative(s) attending public hearing:  
Tammy Bagby, Analyst; Mark Jansen, Director, Child Care Licensing Division, Sharon Riebel,  
Child Care Program Consultant  
10. Persons submitting comments of support:  
Andrew Schepers, American Cancer Society  
11. Persons submitting comments of opposition:  
None.  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Michigan Office of Administrative Hearings and Rules  
611 West Ottawa Street; 2nd Floor, Ottawa Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
12. Identify any changes made to the proposed rules based on comments received during the public comment period:  
Name & Organization  
Comments Made at  
Public Hearing  
Written Comments  
Agency Rationale for Rule Number &  
Change  
Citation  
Changed  
1. Lisa Brewer Walraven,  
Michigan Department of  
Education  
Written Comments  
On page 9, Rule 5, (1), R 400.1905  
line 2, delete “20” and Rule 5. (1) and  
replace it with “10”;  
and, after “training”  
delete “every 2  
(2)  
calendar years” and  
insert “each calendar  
year”.  
On page 9, Rule 5, (2),  
line 2, remove the  
strikeout of “5” and  
delete “10”; and, after  
“training” remove the  
strikeout of “each”  
and insert “calendar”;  
and remove the  
strikeout of “year”;  
and, delete “every 2  
calendar years”.  
2. Liz Fuss, Child Care  
Written Comments  
On page 10, Rule 6 (1) R 400.1906  
(b), after “care” delete Rule 6 (1) (b)  
“center” and replace it  
Network  
with “home”.  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
Written Comments  
3. T.R. Wentworth, of the  
Department of  
On page 27, Rule 34,  
after subrule (3), insert Rule 34  
“(4) The licensee  
shall test the child  
care home for the  
concentration of  
R 400.1934  
Environment, Great  
Lakes and Energy  
radon gases before  
the initial license is  
issued and every 4  
years thereafter at  
the time of license  
renewal.  
** Steve Springer, of the  
Department of Health and  
Human Services, and  
Andrew Schepers, of the  
American Cancer  
Society, also spoke to this  
issue at hearing.  
Renumber subsequent  
subrules and internal  
references to subrules.  
In subrule (5), which  
now becomes subrule  
(6), delete  
“remediation” and  
replace it with  
“mitigation”.  
4.  
A. Technical change - Deleted definition of  
- The term “serious “serious injury” and  
injury” was inserted “means that  
defined in the draft term as defined in  
rules; however, section 2b of 1973 PA  
R 400.1901  
Rule 1. (1) (pp)  
LARA identified some  
technical changes  
during the hearing 116, MCL 722.112b.  
it was recognized  
that the statute  
defines this term.  
B. During the hearing On page 7, line 2, after R 400.1903  
it was recognized “into” inserted “the Rule 3. (4) (a)  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
that the department approved child caring  
is only authorized  
to inspect  
approved child  
caring areas of  
child care homes,  
areas”. So subrule (a)  
reads: “(a) Admit  
authorized members of  
the department into  
the approved child  
not all areas of the caring areas of the  
home.  
child care home and  
provide access to all  
records, individuals,  
and other materials  
necessary to determine  
compliance with the  
act and these rules.  
On page 7, in subrule  
(7), line 4, delete  
C. During the hearing “criminal history  
an error was found check” and replace it  
R 400.1903 Rule  
3. (7)  
in the use of a  
term.  
with “comprehensive  
background check”.  
On page 17, Rule 16  
(11), after “cribs”  
D. Technical change – insert a comma and  
During the hearing delete “or”; and, after  
R 400.1916  
Rule 16. (11)  
an omission was  
found.  
“porta-cribs” insert a  
comma and insert “or  
play yards”.  
13. Date report completed:  
July 31, 2019  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
;