Mich. Admin. Code R. 400.8110

Current through Vol. 24-15, September 1, 2024

Section R. 400.8110 - Applicant; licensee; licensee designee; requirements

Rule 110.

(1) The licensee or licensee designee shall do all of the following:

(a) Act in a manner that is conducive to the welfare of children.

(b) Comply with sections 5n and 5q of the act, MCL 722.115n and 722.115q, which requires a comprehensive background check.

(c) Be responsible for compliance with the act and these rules.

(d) Report to the department within 3 business days after any arraignment or conviction of 1 or more of the crimes listed in section 5r of the act, MCL 722.115r, and any subsequent conviction.

(2) The applicant, licensee, and licensee designee shall have the administrative capability to operate the center in order to provide the services and facilities that are conducive to the welfare of children.

(3) All of the following must be in a place, accessible, and visible to parents:

(a) The current license and, if applicable, the letter extending the license beyond the expiration date.

(b) A copy of these rules and a copy of the last page of any variances granted.

(c) A notice stating that the center requires a comprehensive background check on its employees and unsupervised volunteers.

(4) There must be a licensing notebook on the premises that includes all licensing inspection and special investigation reports and related corrective action plans for the last 5 calendar years, and a summary sheet outlining the documents contained in the notebook. The notebook must be in a place accessible to parents and prospective parents at all times during the centers normal hours of operation.

(5) The actual number and ages of children in care at any time must never exceed the number and ages of children for which the center is licensed.

(6) The licensee or licensee designee shall maintain accurate records detailing daily arrival and departure times for each child care staff member, child care aide, and volunteer.

(7) A child shall only be released to persons authorized by the childs parent or guardian.

(8) A child shall be released to either parent or the childs guardian, unless a court order prohibits release to a particular parent. A copy of the order prohibiting release must be kept on file at the center.

(9) Within 5 business days, the licensee shall notify the department of the separation of a licensee designee, program director, or a central administrator approved under R 400.8113(12), and a plan for replacement of the individual.

(10) Written approval from the department must be obtained before making any changes in the terms of the license, including but not limited to, adding use space, changing age groups served, changing program components, changing the capacity of the center, or making changes to a room or well-defined space that will result in a change in capacity of the room or well-defined space.

(11) The records required by, the act and these rules must be retained for a minimum of 2 calendar years or longer as specified in these rules, and made available to the department upon request.

(12) The following records must be retained and available to the department:

(a) The name, address, and telephone number for each child enrolled and each employee for at least 2 years after the individual leaves the center.

(b) Staff and volunteer health records, as required by R 400.8128, and documentation of qualifications must be retained until the individual leaves the center.

(c) The licensing notebook must be maintained and retained until the license is closed.

(13) Smoking and vaping must not occur in or during both of the following:

(a) In the child care center or on real property that is under the control of the center and upon which the center is located.

(b) On field trips and in vehicles when children are present.

(14) A center shall post a notice in a place accessible and visible to parents, staff, and visitors stating that smoking and vaping are prohibited in the center and on the centers property.

Mich. Admin. Code R. 400.8110

An obvious error in R 400.8110 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the correction was published in Michigan Register, 2020 MR 2.