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: 2018-032 LR  
Title of proposed rule set: Licensing Child Care Centers  
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 Child Care Centers. The rules have not been updated since 2013.  
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 child care centers. 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 Child Care Centers.  
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 24, 2019- Grand Rapids Press  
July 24, 2019 Jackson Citizen Patriot  
July 23, 2019- Marquette Mining Journal  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
August 1, 2019 Michigan Register  
7. Time, date, location, and duration of public hearing:  
August 7, 2019 from 3-3:46 pm.  
Library of Michigan and Historical Museum -Forum Auditorium  
702 W. Kalamazoo St., Lansing, MI  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
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:  
Karen Krzanowski, Manager, Legislative Reporting, Rules, Training & FOIA, Mark Jansen,  
Director of Child Care Licensing Division, Sharon Riebel, Child Care Program Consultant  
10. Persons submitting comments of support:  
None  
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  
Change  
Rule Number  
& Citation  
Changed  
1. Ms. Karen Eshenaur,  
Yes, see transcript. She  
asked several questions;  
No  
As proposed, R  
400.8101(b) was  
R 400.8101(b),  
Executive Director,  
Lakeshore Little People’s and, she requested to have  
stricken-out and  
Place, Holland, MI  
the definitions of different  
age categories to be  
replaced with new  
definitions for infant,  
toddler, preschooler,  
and school-ager. That  
proposal has been  
withdrawn and the  
current language is  
retained, which  
designated in years, as they  
are now, rather than in  
months, as was proposed.  
That makes it easier to  
manage enrollment in each  
room.  
delineates these age  
categories by year.  
R 400.8191(l)(i) and  
2. Ms. Robin Zeiter,  
Michigan Department of  
Education  
No  
Yes, see email message  
R 400.8101(l)  
was renumbered  
as R  
dated August 8, 2019. She (ii) were revised to  
requested to have the read: “ Child-related  
definition of “child-related field” means 1 of the  
400.8101(m).  
field” revised to include  
academic courses in  
following:  
(i) For an early  
“special education”; and, to childhood education  
have these requirements  
apply not only to the  
program director and  
lead caregiver,  
program director, but also  
to the lead caregiver.  
academic courses in  
elementary education,  
child guidance, child  
counseling, child  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
psychology, family  
studies, social work,  
or special education.  
(ii) For a school-age  
program director,  
academic courses in  
early childhood  
education, elementary  
education, secondary  
education, special  
education, physical  
education and  
recreation, child  
development, child  
guidance, child  
counseling, child  
psychology, family  
studies, social work,  
human services, or  
youth development.  
R 400.8103 was  
3. LARA Bureau of  
Community and Health  
Systems  
No  
No  
R 400.8103(d)  
and  
renumbering  
remaining  
subrules.  
revised by adding a  
definition of “serious  
injury” to mean “that  
term as defined in  
section 2b of 1973 PA  
116, MCL 722.122b.”  
R 400.8110(6) was  
revised as follows:  
(6) The licensee or  
licensee designee shall  
maintain accurate  
daily records detailing  
daily arrival times and  
departure times for  
each child care staff  
4. Ms. Elizabeth Weston,  
Executive Director, EC3  
Educational Child Care  
Center and Early LCC  
Yes, see transcript. She  
posed several questions;  
and, she asked for  
clarification R 400. 8110(6),  
the recording of arrival and  
departure times for  
No  
R 400.8110  
personnel.  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
member, child care  
aide, and volunteer.  
R 400.8112(5)  
delineates all of the  
information an  
5. LARA Bureau of  
Community and Health  
Systems  
No  
No  
R 400.8112(5)(l)  
individual must  
provide in order to  
receive a  
comprehensive  
background check.  
One item was listed as  
sex. This item was  
changed to gender.  
6. Robin Zeiter, Michigan  
No  
Yes, see her email message In Table 1, row (e),  
R 400.8113(7),  
Table 1.  
Department of Education  
dated August 8, 2019.  
Regarding R 400.8113(7),  
Table 1, which addresses  
Early Childhood Program  
Director Qualifications,  
she requested one revision.  
As proposed, for those  
holding a valid child  
the 18 semester hours  
requirement is retained  
because MDE’s  
position is that this  
requirement is critical.  
development associate  
credential, the 18 semester  
hour requirement is  
deleted. She recommended  
that it be retained.  
7. Robin Zeiter, Michigan  
No  
Yes, see her email message In Table 2, row (e),  
dated August 8, 2019. the 12 semester hours  
Regarding R 400.8113 (8), requirement is retained  
R 400.8113(8),  
Table 2.  
Department of Education  
Table 2, which addresses  
School-Age Program  
because MDE  
considers it necessary.  
Director Qualifications,  
she requested one revision.  
As proposed, for a person  
with a valid child  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
development associate  
credential, the 12 semester  
hour requirement was  
deleted. She recommends  
retaining this requirement.  
8. Ms. Sue Beckett,  
Heaven’s Elect Little  
People Christian  
Learning Center,  
Midland, MI.  
Yes, see transcript.  
Yes, see her email message The training  
dated August 8, 2019. She requirements have  
posed several questions. In been revised so they  
R 400.8131  
addition, she asked for  
some flexibility in  
professional development  
only apply to  
personnel who work  
directly with children.  
requirements for personnel R 400.8131,  
who do not work directly  
with children. For  
example, she has an  
employee who has a  
disability. That person  
only does dishes and  
laundry; she has no  
responsibilities for child  
care.  
professional  
development  
requirements, subrules  
(3), (4), (5), (6), and  
(10) have been revised  
to apply only to  
personnel who work  
directly with  
children.  
9. Robin Zeiter, Michigan  
No  
Yes, see her email message These revisions were  
dated August 8, 2019. She made to be consistent  
R 400.8131(2)  
Department of Education  
requested to have R  
with the federal Child  
Development Fund  
Block Grant Act of  
2014.  
400.8131(2) revised as  
follows: Child care staff  
members shall have  
training that includes  
information about infant  
safe sleep and shaken baby  
syndrome prevention of  
sudden infant death  
syndrome and use of safe  
sleep practices before  
caring for infants and  
toddlers.  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
10. Rhonda M. Grubb,  
Program Director Owner,  
Wee Discover Child Care  
& Enrichment Center,  
Waterford, MI  
None  
See attached memo dated  
August 7, 2019 – She  
objects to the proposed rule requires all child care  
that requires all child care  
staff members to maintain  
a valid first aid and CPR  
certificate due to the cost.  
This subrule was  
revised. It now  
R 400.8131(10)  
staff members to be  
trained in first aid and  
CPR, but only 50% of  
child care staff  
members who work  
directly with children  
must have current  
certification in first  
aid and CPR.  
11. Ms. Robin Zeiter,  
Michigan Department of  
Education  
No  
Yes, see email message  
dated August 8, 2019. She added because it is  
requested to have the  
following language added  
Subrule (12) was  
R 400.8131(12)  
required for the State  
to be eligible for  
to R 400.8131: (12) When federal funds under  
the department of licensing the Child Care  
and regulatory affairs or  
the department of  
education publishes a  
notice that a new health  
and safety update  
Development Fund  
Block Grant Act of  
2014. States are  
required to have  
ongoing training  
document or a new health  
and safety update training  
requirements on health  
and safety topics for  
activity has been published caregivers, teachers,  
on MiRegistry, the licensee and directors. If state  
shall ensure that all  
personnel read and  
are found non-  
compliant, penalties  
acknowledge the document may result.  
or complete the activity  
within 6 months of the  
notice.  
12. Elizabeth McClain,  
No  
Yes, see her letter dated  
July 26, 2019. She asked  
R 400.8176(2) was  
revised as follows:  
R 400.8176(2)  
Children’s Program  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
Director, Community  
Action Agency, Jackson,  
Lenawee, and Hillsdale  
Counties.  
several questions; and, she (2) Heavy objects that  
requested clarification of R could fall on a child,  
400.8176(2), which deals  
with the location of  
such as shelving and  
televisions, must not  
be above sleeping  
equipment.  
sleeping equipment.  
13. Danielle Columbo,  
Director & Parent, IXL  
Learning Center, Howell  
No  
Yes, see her email message The table was revised  
R 400.8182,  
Table 4.  
dated August 8, 2019.  
Regarding R 400.8182,  
Table 4 Child Care Staff  
Member to Child Ratios,  
Ms. Columbo pointed-out  
an inconsistency that was  
created when children’s  
ages were converted from  
years to months.  
to retain the current  
age designations in  
years rather than  
months.  
13. Date report completed:  
Sept 4, 2019  
Revised: June 21, 2019  
MCL 24.242 and 24.245  
;