Mich. Admin. Code R. 400.1903

Current through Vol. 24-16, September 15, 2024

Section R. 400.1903 - Licensee responsibilities

Rule 3.

(1) A licensee shall be responsible for all of the following:

(a) When the child care home is in operation, the licensee shall be present in the home on a daily basis and provide direct care and supervision for the majority of time children are in care, except for any of the following circumstances:

(i) Vacation or personal leave, which must not exceed 20 days within a calendar year. The 20 days of vacation or personal leave means the licensee is absent the entire day or at least 51% of the day when the child care home is operating. A licensee may have a short periodic absence from the home.

(ii) Medical treatment and subsequent recovery.

(b) The exceptions in subrule (1)(a) of this rule do not include other part-time or full-time employment that occurs during the hours of operation of the child care home.

(c) Provide for a child care staff member, who has valid CPR and first aid certifications, to act on behalf of the licensee when the licensee is unable or unavailable to provide direct care.

(d) Inform parents when a child care staff member is providing care in the absence of the licensee.

(e) Maintain a record of the dates of licensee absences. These records must be maintained for a minimum of 4 years.

(f) Post the current license in a conspicuous place within the child care home during the hours of operation.

(g) Report to the department within, 3 business days, any changes in the household composition or when any new or existing member of the household or child care personnel has any of the following:

(i) An arrest.

(ii) A conviction.

(iii) An arraignment for an offense that if convicted would lead to that individuals ineligibility to be connected with a child care home.

(iv) Is being investigated by the state department of health and human services for an allegation of child abuse or neglect.

(v) Is under court supervised parole or probation.

(vi) Has been admitted to, or released from, a correctional facility.

(vii) Has been admitted to or released from a health facility or agency that was providing mental health or substance use disorder treatment services to the individual.

(h) The report required in subdivision (g) of this subrule shall be made using the departments form named Notification of Changes in Status Family and Group Child Care Homes, which is labeled BCAL-1485.

(i) Notify personnel of their duty to report to the licensee any actions listed in this rule.

(j) For any member of the household or personnel who has been treated on an inpatient or outpatient basis for an emotional, mental, or substance use disorder during the last 2 years, the licensee shall provide to the department a written statement verifying the individuals fitness to care for or be associated with children. This statement must be obtained from the medical or mental health professional who is directly involved in the individuals treatment plan or the administrator of the health facility or agency that provided services to the individual.

(k) Immediately report to children's protective services any suspected child abuse or neglect and ensure compliance with the child protection law, 1975 PA 238, MCL 722.621 to 722.638.

(l) Have a written policy and procedure for the screening and supervision of volunteers, if applicable, including volunteers who are parents of a child in care.

(2) The licensee shall ensure that a child is released only to persons authorized in writing by the parent.

(3) The licensee shall permit parents of enrolled children who are in attendance to visit the child at the child care home at any time during hours of operation, as required in section 3a of the act, MCL 722.113a.

(4) The licensee shall cooperate with the department in connection with an inspection or investigation, as required in section 10(1) of the act, MCL 722.120(1). Cooperation includes, but is not limited to, all of the following:

(a) Admit authorized members of the department into the approved child caring areas of the child care home and provide access to all records, individuals, and other materials necessary to determine compliance with the act and these rules.

(b) Allow the department to perform routine investigative functions during the course of an investigation, inspection, or examination. Routine investigative functions include, but are not limited to, both of the following:

(i) Interviewing potential witnesses, such as child care staff members, members of the household, and volunteers.

(ii) Taking photographs to assess and document the conditions of the child care home and its compliance with the act and these rules.

(c) Provide accurate and truthful information to the department, and encourage witnesses to provide accurate and truthful information to the department.

(5) The licensee shall ensure that all personnel, members of the household, and conduct themselves in a manner that is conducive to the welfare of children.

(6) The licensee shall have present at all times at least 1 person who can accurately comprehend all of the following information:

(a) The act, these rules, and any additional communications from the department.

(b) Child information cards.

(c) Written directions about a child's care.

(d) Information about food, cleaning, and chemical labels that can impact a child's well-being.

(e) Written medication directions for a child.

(f) Information needed to effectively implement emergency procedures.

(7) The licensee shall cooperate with the department by ensuring that all individuals requiring a comprehensive background check are entered into the child care background check system and processed for eligibility as required by sections 5n and 5q of the act, MCL 722.115n, 722.115q, and R 400.1925.

(8) To comply with section 3c of the act, MCL 722.113c, a licensee shall have a policy and procedure on smoking and vaping that includes all of the following:

(a) Ensure that smoking and vaping do not occur in child-use space, on the premises of a child care home while children are in care, and in a vehicle when used to transport children who are in care.

(b) Conspicuously post on the premises a notice stating that smoking and vaping are prohibited on the premises during child care hours.

(c) Notify parents if smoking or vaping occurs in the child care home and on the premises when children are not in care.

(9) Provide identifying information to the department on both of the following individuals who are associated with the child care license:

(a) Licensee.

(b) Adult household member.

(10) The information required in subrule (9) of this rule shall be provided to the department on the departments form named Child Care Licensing Information Request, which is labeled BCHS CC-001.

Mich. Admin. Code R. 400.1903

An obvious error in R 400.1903 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 1.