RFR-Page 2
Executive Order No. 2023-6 established the Michigan Department of Lifelong Education,
Advancement, and Potential (MiLEAP). It also transferred all authority, powers, duties, functions,
and responsibilities of the Department of Licensing and Regulatory Affairs (LARA) related to
licensing and regulation of children's camps, child care centers, day care centers, family child care
homes, and group child care homes under Public Act 116 of 1973, MCL 722.111 to 733.128, from
LARA to MiLEAP.
The Michigan Department of Lifelong Education, Advancement, and Potential is responsible for
promulgating rules under section 2(1) of the Child Care Organizations (excerpt) Act, 1973 PA 116,
MCL 722.112. The Department must also promulgate rules under section 3e of the Child Care
Organizations (excerpt) Act, 1973 PA 116, MCL 722.113e.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
E.R.O. No. 2015-1, MCL 400.227, transferred the powers and duties pertaining to children's camp,
child care center, day care center, family day care home, and group day care home licensing and
regulation from the Department of Human Services to LARA.
Executive Order No. 2023-6 established MiLEAP and transferred the licensing and regulation of
children's camps, child care centers, day care centers, family child care homes, and group child
care homes from LARA to MiLEAP.
MCL 722.112 and MCL 722.113e of the Child Care Organizations (excerpt) Act, 1973 PA 116.
Child Care and Development Fund - 45 CFR Part 98
Procedure for Hearings for the Child Care and Development Fund - 45 CFR Part 99
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
Under section 2(5) of the Child Care Organizations (excerpt) Act, 1973 PA 116, MCL 722.112(5),
an ad hoc committee, established by the Department under subsection (2), is required to conduct a
major review of the rules not less than once every 5 years and the department must review the
rules biannually.
Under section 3e of the Child Care Organizations (excerpt) Act, 1973 PA 116, MCL 722.113e,
MiLEAP shall promulgate rules related to child care center and child caring institution employee
and volunteer criminal background checks.
Under 45 CFR § 98.11(b)(2), the Lead Agency shall "promulgate all rules and regulations
governing overall administration of the Plan." The Federal Child Care and Development Fund
(CCDF) grant is administered by MiLEAP, the CCDF Lead Agency. The Plan is the CCDF State
Plan for implementing programs under CCDF, including child care health and safety.
Under 45 CFR § 98.90, if a review or investigation reveals evidence that a Lead Agency has failed
to substantially comply with the Plan or with one or more provisions of the Act or implementing
regulations, the Secretary will issue a preliminary notice to the Lead Agency of possible non-
compliance. Michigan's CCDF Lead Agency was monitored in December 2022 and received
preliminary notice of possible non-compliance in September 2023; therefore, items in this set of
rules must be updated to comply with CCDF.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
MCL 24.239