DEPARTMENT OF LIFELONG EDUCATION CHILD CARE RULES.pdf

DEPARTMENT OF LIFELONG EDUCATION, ADVANCEMENT, AND

POTENTIAL

CHILD CARE LICENSING BUREAU

LICENSING CHILD CARE CENTERS

(By authority conferred on the director of the department of lifelong education, advancement, and potential by section 2 of 1973 PA 116, MCL 722.112, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2004-4, 2015-1 and 2023-6, MCL 330.3101, 445.2001, 445.2011, 400.226, 400.227 and 388.1283)

PART 1. DEFINITIONS, LICENSING PROCESS, PROCEDURES, AND

RECORDS

R 400.8101 Definitions; A to I.

Rule 101. (1) As used in these rules:

(a) “Accredited college or university” means a college or university that is accredited by a regional or national institutional accrediting association recognized by the United States Department of Education.

(b) “Act” means 1973 PA 116, MCL 722.111 to 722.128, regarding child care organizations.

(c) “Adult” means an individual 18 years of age or older.

(d) “Ages” means all of the following:

(i) “Infant” means a child from birth until 1 year of age.

(ii) “Toddler” means a child who is 1 year of age until 30 months of age.

(iii) “Preschooler” means a child who is 30 months of age until eligible to attend a grade of kindergarten or higher.

(iv) “School-aged” means a child who is eligible to attend a grade of kindergarten or higher, but less than 13 years of age. A child is considered school-aged on the first day of the school year in which the child is eligible.

(e) “Applicant” means an individual who applies for a license to operate a child care center.

(f) “Biocontaminant” means bodily fluids such as urine, feces, saliva, vomit, blood, nasal discharge, eye discharge, and injury or tissue discharge.

(g) “Center” means an early childhood center, school-age child care center, outdoor nature-based child care center, or a small capacity child care center.

(h) “Certified playground safety inspector” means an individual certified by the national playground safety institute or the national program for playground safety to conduct playground safety inspections.

(i) “CEU” means a continuing education unit awarded by an accredited college or university sponsor of continuing education units or state continuing education clock hour awarded by the state board of education.

Courtesy of Michigan Administrative Rules

(j) “Child care administration” means educational courses in child care administration, education administration, educational leadership, or business administration.

(k) “Child care background check system” means the database maintained by the department to document a comprehensive background check and eligibility determination pursuant to section 5n of the act, MCL 722.115n.

(l) “Child development associate credential” means a credential awarded by the council for professional recognition or a similar credential approved by the department.

(m) “Child-related field” means either of the following:

(i) For an early childhood program administrator and lead teacher, academic courses in elementary education, child guidance, child counseling, child psychology, family studies, environmental or outdoor education, social work, or special education.

(ii) For a school-age program administrator, academic courses in early childhood education, elementary education, secondary education, educational leadership, special education, physical education and recreation, child development, child guidance, child counseling, child psychology, family studies, environmental or outdoor education, social work, human services, or youth development.

(n) “Clean” means removing dirt, food, soil, and other types of debris by scrubbing and washing with a detergent solution and rinsing with water.

(o) “Communicable disease” means an infectious disease that is transmissible from person to person by direct contact with an infected individual or the individual's discharges, or by indirect means through a vector. Communicable disease includes, but is not limited to, all of the following:

(i) Chicken pox.

(ii) Hand, foot, and mouth disease.

(iii) Influenza.

(iv) Measles.

(v) Mumps.

(vi) Pertussis, which is also referred to as whooping cough.

(vii) Rubella.

(viii) Tuberculosis.

(p) “Comprehensive background check” means a department review of an individual pursuant to sections 5n and 5q of the act, MCL 722.115n and 722.115q.

(q) “Continuously employed child care staff member” means an individual who has not been disconnected from the child care background check system for a period of more than 180 days and has continuously resided in this state as referenced in section 5n(15) and (16) of the act, MCL 722.115n.

(r) “Degrees and semester hours” means only those degrees and hours from an accredited college or university.

(s) “Department” means the department of lifelong education, advancement, and potential.

(t) “Developmentally appropriate” means age appropriate and appropriate to the individual child.

(u) “Disinfect” means destroying any remaining germs on surfaces after cleaning using a stronger bleach solution or an EPA-registered disinfecting product as described on the label.

(v) “Early childhood center” means a child care center that serves children less than 13 years of age. It does not include a school-age child care center, outdoor nature-based child care center, or a small capacity child care center.

(w) “Early childhood program administrator” means a child care staff member who is the program administrator of an early childhood center and can be counted in child staff member to child ratios.

(x) “Easily cleanable” means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

(y) “Experience” means paid and unpaid experience serving the ages and developmental abilities of children for which the center is licensed.

(z) “Field trip” means children, program staff or volunteers, or both, leaving the child care center premises for an excursion, trip, or program activity.

(aa) “First aid kit” means a kit containing, at a minimum, all of the following:

sterile gauze pads of assorted sizes, a roll of gauze, adhesive bandages of assorted sizes, adhesive cloth tape, an elastic bandage, tweezers, and scissors. A first aid kit is prohibited from containing any non-prescription or prescription medications as described under R 400.8152.

(bb) “Group size” means the specified number of children assigned to a child care staff member or team of child care staff members occupying an individual classroom or well-defined space for each group within a larger room.

(cc) "Hand washing" means to cleanse the hands with soap and warm running water for not less than 20 seconds.

(dd) “Immediately available” means a program administrator, site administrator, parent, or guardian remains onsite at the address of the child care center.

(ee) “Independent service provider” means individuals who are not child care staff members, but render professional, therapeutic, or enrichment services within a child care center. Independent service providers include, but are not limited to, dance instructors, gymnastic or sports instructors, computer instructors, speech therapists, nutritionists, early interventionists, nurses and other licensed health care professionals, intermediate school district staff, local school district staff, departmental staff other than those responsible for inspecting centers, non-center affiliated bus drivers, cafeteria and maintenance personnel, electricians, plumbers, photographers, and other outside service providers. Independent service providers are not considered contract employees or self-employed as described in the act as long as the independent service providers are supervised at all times by an eligible child care staff member while at the child care center when children are present.

(2) A term defined in the act has the same meaning when used in these rules.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8102 Definitions; J to R.

Rule 102. As used in these rules:

(a) “Lead teacher” means a child care staff member employed by the child care center for compensation who is responsible for organizing, guiding, and implementing activities in a group or individual basis, to further the cognitive, social, emotional, and physical development of children in a child care center and can be counted in child care staff member to child ratios.

(b) “Mandated reporter” means a licensee, licensee designee, staff, or volunteer who are required to immediately report child abuse or neglect or suspected child abuse and neglect as required by R 400.8213(1)(c).

(c) “Michigan school age or youth development associate credential” means a credential issued by the Michigan afterschool partnership in collaboration with or similar credential approved by the department.

(d) “MiRegistry” is the electronic data system for child care providers that is maintained by the department to verify and track employment, training, and educational accomplishments.

(e) “MiRegistry-approved training” means training that is submitted to MiRegistry by a MiRegistry approved trainer or MiRegistry training sponsor organization that meets the qualification for approval.

(f) “Montessori credential” means a credential issued by the Association Montessori International, American Montessori Society, or any Montessori teaching or training institution recognized by the Montessori Accreditation Council for Teacher Education that meets or exceeds 270 hours of academic training.

(g) “Multiple occupancy” means a building or structure where 2 or more classes of occupancy exist. Classes of occupancy include, but are not limited to, day-care occupancy, residential occupancy, or health care occupancy.

(h) “Natural playground” means an outdoor play area that blends natural materials, features, and vegetation, which can include tree logs, tree stumps, boulders, and plants.

(i) “Nighttime care” means care between the hours of midnight and 5 a.m.

(j) “On file” means accessible at the center or central office, as specified in these rules, via a hard copy or electronically unless otherwise stipulated in the rule.

(k) “Outdoor nature-based child care center” means a child care center that does all of the following:

(i) Serves preschool and school-age children.

(ii) Provides early learning service to the enrolled children in an outdoor natural space approved by the department for not less than 4 hours per day or 50% of the daily program hours, whichever is less, and may operate in an approved building during inclement weather.

(iii) Teaches a nature-based curriculum to enrolled children.

(l) “Parent” or “parental” means a child’s natural or adoptive parent who is legally responsible for the child or the child’s legal guardian.

(m) “Playspace” means a piece or pieces of age-appropriate toys, play equipment, and materials that 1 child can use independently for 15 minutes.

(n) “Portable crib” means a crib that can be folded or collapsed, without disassembly, to occupy a space less than it occupies when it is used. Products with mesh, fabric, or non-rigid sides, such as a bassinet or play yard, are not considered portable cribs.

(o) “Present at the center” means being physically at the center at any point when children are present.

(p) “Program administrator” means a licensee or child care staff member who is responsible for the general management of the center, ensures compliance with the act and these rules, and can be counted in child care staff member to child ratios. Program administrators include an early childhood program administrator, a school-age program administrator, and a small capacity center program administrator.

(q) “Program components” means the different services offered by a center.

Program components include, but are not limited to, infant and toddler, preschool, and school-age care and education; nighttime care; food service; swimming; and transportation.

(r) “Program staff” means a teacher, lead teacher, substitute teacher, site administrator, staff-in-charge, program administrator, substitute program administrator, or other compensated employee of the center that has direct contact with children and can be counted in child care staff member to child ratios. Program staff does not include volunteers, therapeutic professionals, and independent service providers.

(s) “Routine transportation” means regularly scheduled travel on the same day of the week, at the same time, to the same destination. Any deviation is non-routine transportation.

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8103 Definitions; S to Z.

Rule 103. As used in these rules.

(a) “Sanitize” means reducing the number of germs on surfaces after cleaning the item by using heat, sanitizing solution, sprays as directed on the label, or a weakened bleach solution.

(b) “School” means a building or part of a building that is owned or leased by, or under the control of, a public or private school or school system for the purpose of instruction pursuant to the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, which is occupied by 6 or more students, and which is used 4 or more hours per day or more than 12 hours per week.

(c) “School-age child care center” means a child care center serving only school-age children.

(d) “School-age program administrator” means a child care staff member who is the program administrator of a school-age child care center and can be counted in child care staff member to child ratios.

(e) “Serious injury” means an injury that occurred while the child was in care that resulted in a child receiving medical attention by a health care provider.

(f) “Session” means 8 hours within a 24-hour day from midnight until 11:59 p.m.

for centers operating 8 hours or more per day or 50% of the time open for centers operating less than 8 hours per day.

(g) “Site administrator” means a child care staff member appointed by the program administrator responsible for supervising the operation of the center when the program administrator is not on the center premises and can be counted in child care staff member to child ratios.

(h) “Small capacity center” means a child care center that receives 20 or fewer children less than 13 years of age.

(i) “Staff” means any compensated employee of a center that perform services for the child care center and has direct or indirect contact with children at the center. Staff includes the program administrator, substitute program administrator, site administrator, staff-in-charge, lead teacher, teacher, substitute teacher, and other paid employees at the center, such as the cook, driver, janitor, secretary, and bookkeeper. Staff does not include volunteers, therapeutic professionals, and independent service providers.

(j) “Staff-in-charge" means a child care staff member appointed by a program administrator of a single site when the program administrator is not on the premises and is responsible for supervising the operation of the center including, but not limited to, having the authority to respond to emergencies, inspections, parental concerns, and have access to all required information.

(k) “Standard precautions” means the use of barriers to handle potential exposure to biocontaminants, the process to clean and disinfect contaminated surfaces, and the process to dispose of biocontaminants.

(l) “Substitute teacher” means a child care staff member who is 16 years of age or older and is employed by the child care center, directly or indirectly, for compensation as a temporary replacement for a teacher and can be counted in child staff member to child ratios.

(m) “Supervised volunteer” means an individual 16 years of age or older, who provides service for a child care center that is not compensated, and who is supervised at all times when children are in care. A supervised volunteer cannot be counted in child staff member to child ratios.

(n) “Teacher” means a child care staff member who is 16 years of age or older and is employed by the child care center for compensation to further the cognitive, social, emotional, and physical development of children in a child care center and can be counted in child care staff member to child ratios.

(o) “Therapeutic professionals” means an independent service provider who provides therapeutic services in a child care center, including, but not limited to, speech therapists, nutritionists, early interventionists, nurses, and other licensed health care professionals who are employed by an intermediate school district or local school district to provide services in a child care center to a child with a disability that has an active individualized education program or individualized family service plan.

(p) “Unsupervised volunteer” means a child care staff member who is 16 years of age or older, provides service for a child care center that is not compensated, is determined eligible by the department to be unsupervised with children, and can be counted in child care staff member to child ratios.

(q) “Volunteer” means a supervised volunteer and an unsupervised volunteer.

(r) “Well-defined space” means space designed and used exclusively for a specific group of children.

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8104 Rule variances.

Rule 104. (1) Upon written request of an applicant or licensee, the department may grant a variance from an administrative rule if the alternative proposed provides clear and convincing evidence that the health, welfare, and safety of children is protected.

(2) The decision of the department, including the conditions under which the variance was granted, must be kept on file at the child care center.

(3) The granted variance may remain in effect for as long as the licensee continues to comply with the conditions of the variance or may be time-limited.

(4) Variances must not be granted from statutory requirements.

History: 2013 AACS; 2019 AACS.

R 400.8107 Applicant qualifications; license application; fees.

Rule 107. (1) An applicant shall meet all of the following qualifications:

(a) Be suitable to meet the needs of children.

(b) Be able to ensure that the proposed services and facilities are conducive to the welfare of children.

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

(d) Demonstrate a willingness and ability to comply with the act and these rules.

(2) An applicant for a license to operate a child care center shall complete, sign, and submit the department’s child care application, along with the applicable fee listed under section 5m of the act, MCL 722.115m, in the manner prescribed by the department.

(3) If the applicant elects a licensee designee the applicant shall also complete, sign, and submit the department’s child care licensee designee form in the manner prescribed by the department.

(4) Before issuance of the original license, and before the renewal of a license, an applicant or licensee shall comply with all applicable laws and rules.

(5) Before issuance of the original license, and before the renewal of a license, an applicant or licensee shall submit the certificate of occupancy.

(6) If the school-age center is established and operated by an intermediate school board, the board of a local school district, by the board or governing body of a state-approved nonpublic school, or by a person or entity with whom a school contracts for services and is located in a school building that is approved by the state fire marshal or other similar authority for school purposes, an applicant or licensee is not required to submit a certificate of occupancy at original licensure or before the renewal of a license.

(7) Outdoor nature-based child care centers are exempt from subrule (5) of this rule, but the applicant or licensee shall provide both of the following before issuance of the original license, and before the renewal of a license:

(a) A location map including the location of the emergency shelter.

(b) Outdoor benefit-risk assessment.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

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 obtaining 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 to provide the services and facilities that are conducive to the welfare of children.

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

(a) The current license and, if applicable, the letter extending the license beyond the expiration date, and a copy of the last page of any variances granted.

(b) A copy of these rules must be made available to the parents.

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

(4) There must be a current licensing notebook that includes all licensing inspections, special investigation reports, corrective action plans, approval letters for the last 3 calendar years, and a summary sheet outlining the documents contained in the notebook. The notebook must always be in a place accessible to parents and prospective parents during the center’s normal hours of operation, or if internet is available at the center, access may be provided through the department's electronic database of licensing records for the entity.

(5) Within 5 business days, the licensee shall notify the department of the separation of a licensee designee or program administrator, and a plan for replacement of the individual.

(6) A licensee or licensee designee with a center located in a multiple occupancy building shall comply with section 118e of the act, MCL 722.118e.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8112 Children’s records.

Rule 112. (1) At the time of a child’s initial attendance, a center shall obtain a child information card, using a form provided by the department or a comparable substitute, that is completed, signed, and dated by the child’s parent and updated as changes occur.

The center shall keep current hard copies of the child information cards at the center.

(2) For children under school-age, at the time of a child’s initial attendance, a center shall document 1 of the following, accessed through the Michigan care improvement registry or in a paper format if the parent or guardian chooses to provide to the center in that manner:

(a) A certificate of immunization showing a minimum of 1 dose of each immunizing agent specified by the department of health and human services.

(b) A medical contraindication form signed by a medical doctor or doctor of osteopathic medicine stating why the child cannot receive immunizations.

(c) A copy of a non-medical waiver on the official form prescribed by the department of health and human services and documented in the Michigan care improvement registry and signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons.

(d) A paper copy of a non-medical waiver on the official form prescribed by the department of health and human services signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons.

(3) When a child under school-aged whose immunizations cannot be completed due to medical reasons, including, but not limited to, a dose waiting period, within 4 months after admittance, a child may remain enrolled for a reasonable length of time that is consistent with good medical practices. The center shall verify additional immunization requirements are current as specified by the department of health and human services unless there is a signed medical exemption filed certifying that the child is in the process of complying with all immunization requirements. The medical exemption must be on file with the center until it can be replaced with proof that the vaccines for which an exemption was granted have been received or the medical exemption has expired.

(4) A center shall report to the department of health and human services, by October 1 of each year and using the method established by the department of health and human services, immunizations for all children enrolled, pursuant to section 9211(2) of the public health code, 1978 PA 368, MCL 333.9211.

(5) A record of a physical evaluation performed within the preceding 13 months after initial attendance for infants, toddlers, and preschoolers must be retained on file and made accessible in the center within 30 days after a child’s initial attendance. The evaluation must note any restrictions and be signed by a physician or the physician’s designee. An electronic record from a physician’s office is accepted.

(6) Physical evaluations must be updated every 13 months for infants and toddlers, and every 2 years for preschoolers.

(7) For a school-age child, on enrollment and annually thereafter, a center shall obtain and keep on file at the center a signed statement from the parent confirming all of the following:

(a) The child is in good health with activity restrictions noted.

(b) The child’s immunizations are up to date.

(c) The immunization record or appropriate waiver is maintained on file either in the Michigan care improvement registry or in paper format provided by the parent at the center. For a school-age child not enrolled in a public or private school, a licensed health care provider’s statement indicating the child is in the process of getting immunizations must be on file at the center.

(8) A center shall ensure that, if a parent objects to a physical examination or medical treatment on religious grounds, the parent provides a signed statement annually that the child is in good health and that the parent assumes responsibility for the child’s state of health while at the center.

(9) A center that enrolls a homeless child pursuant to section 722 of the McKinney- Vento homeless assistance act, 42 USC 11432, shall not be cited for noncompliance when a homeless child is unable to produce health and immunization records. The licensee shall keep on file at the center any documentation of referring a child to the local educational agency liaison for homeless children and youths.

(10) A center shall keep on file at the center an accurate record of daily attendance at the center that includes each child’s first and last name and each child’s arrival and departure time.

(11) A child shall only be released to individuals authorized by the child’s parent or guardian.

(12) A child shall be released to either parent or the child’s guardian unless a court order prohibits release to a particular parent. A copy of the order prohibiting release must be maintained on file at the center.

(13) A parent’s written permission for routine transportation must be obtained annually and maintained on file at the center.

(14) A parent’s written permission for the child’s participation in field trips must be obtained at the time of enrollment or before each field trip and maintained on file at the center.

(15) Parents shall be notified before each field trip.

(16) For outdoor nature-based child care centers, a signed waiver by the parent that acknowledges and accepts the potential hazards and risks associated with the center must be maintained on file at the center.

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8112a Center records.

Rule 112a. (1) The center shall maintain accurate records detailing daily arrival and departure times for each staff member, volunteers, therapeutic professionals, and independent service providers.

(2) The center shall designate and keep current, in the manner prescribed by the department, the title designations of teacher, lead teacher, site administrator, program administrator, substitute teacher, unsupervised volunteer, supervised volunteer, or other staff member for each individual working at the center.

(3) The records required by the act and these rules must be retained on file at the center or at the central office, as specified in the rules, for a minimum of 2 calendar years or longer as specified in these rules and made available to the department on request.

Verification of records must be conducted by reviewing the 2 previous calendar years from the current license renewal year.

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

(a) The name, address, and telephone number for each child enrolled and each staff member and unsupervised volunteer for not less than 2 years after the individual leaves the center.

(b) Staff and unsupervised volunteer documentation of qualifications must be retained for not less than 2 years after the individual leaves the center.

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

History: 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8112b Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8113 Information provided to parents.

Rule 113. (1) A center shall provide a handbook, electronically or hard copy, to each parent enrolling a child that includes at least all of the following:

(a) Criteria for admission and withdrawal.

(b) Schedule of operation that denotes the hours, days, and holidays during which the center is open and services are provided.

(c) Fee policy.

(d) Discipline policy.

(e) Food service policy.

(f) Program philosophy.

(g) Typical daily routine.

(h) Parent notification plan for accidents, injuries, incidents, and illnesses.

(i) Transportation policy, if applicable.

(j) Medication policy.

(k) Exclusion policy for child illnesses.

(l) Notice of the availability of the center’s licensing notebook and that it contains the items described in R 400.8110(4).

(2) Documentation that the parent received the handbook, as required by subrule (1) of this rule, must be maintained on file at the center.

(3) For infants and toddlers, a center shall provide parents with a written daily record that includes at least the following information:

(a) Food intake time, type of food, and amount eaten.

(b) Sleeping patterns indicating when and how long the child slept.

(c) Elimination patterns, including bowel movements, consistency, and frequency.

(d) Developmental milestones.

(e) Changes in the child’s usual behaviors.

(4) Parents of children with special needs may request a written daily record that includes at least the information required by subrule (3) of this rule.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8116 Rescinded.

History: 2013 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8119 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

PART 2. SPACE AND EQUIPMENT

R 400.8121 Indoor space.

Rule 121. (1) The required square footage of indoor space per child must be at least the following:

(a) Forty-two square feet for infants and toddlers.

(b) Thirty-five square feet for preschoolers and school-aged.

(c) Thirty-five square feet for small capacity centers, regardless of age.

(2) The following indoor space is excluded from the required square footage:

(a) Hallways.

(b) Bathrooms.

(c) Reception and office areas.

(d) Kitchens.

(e) Storage areas and closets.

(f) Areas used exclusively for resting, sleeping, or eating, except for infants and toddlers.

(3) A center shall provide a floor plan of all child use areas to the department at initial licensure and before making structural changes or adding any child use space.

Only space that has received prior approval for child use by the department may be used for child care.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8122 Rescinded.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8125 Outdoor play area.

Rule 125. (1) The outdoor play area is considered an outdoor classroom and an extension of the learning environment.

(2) A center operating with children in attendance for 3 or more continuous hours per day shall provide daily outdoor play, unless prevented by inclement weather or other weather conditions that could result in children becoming overheated or excessively chilled.

(3) A center operating with children in attendance for 3 or more continuous hours a day shall have an outdoor play area that has not less than 1,200 square feet. More than 1,200 square feet of outdoor play area may be required when the minimum amount is not adequate for the number of children for which the center is licensed.

(4) If outdoor space is not available adjacent to the center, a center may use a park or other outdoor facility. The outdoor space must meet all of the following requirements:

(a) The area must be easily accessible by a safe walking route.

(b) The play area must be inspected before each use to ensure that no hazards are present.

(c) The location of the alternative outdoor play area must be specified in writing to the department.

(5) There must be a shaded area to protect children from excessive sun exposure, when necessary.

(6) The outdoor play area must be in a safe location.

(7) The outdoor play area must be protected from hazards, when necessary, by a fence or natural barrier that is not less than 48 inches in height.

(8) Children shall only use age-appropriate equipment.

(9) An outdoor play area and any equipment located on the center’s premises must be maintained in a safe condition and inspected daily before use to ensure that no hazards are present.

(10) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, on request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department on request and keep it on file at the center. All equipment present on a center playground must comply with one of the following:

(a) Centers licensed after January 1, 2014 are required to obtain documentation of compliance with the 2010 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety for all playground equipment, including equipment for children under age 2. The 2010 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety from the United States Consumer Product Safety Commission is adopted by reference and applies only to this subdivision of this subrule. This handbook can be obtained for free from the United States Consumer Product Safety Commission’s website at https://www.cpsc.gov/safety-education/safety-guides/playgrounds/public-playground-safety-handbook, or from the United States Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

(b) Centers licensed prior to January 2, 2014 were required to obtain documentation of compliance with the Consumer Product Safety Commission’s 1997 edition of the Handbook for Public Playground Safety for equipment for children age 2 and older. The 1997 edition of the Consumer Protection Safety Commission Handbook for Public Playground Safety from the United States Consumer Product Safety Commission is adopted by reference and applies only to this subdivision of this subrule.

This handbook can be obtained for free from the United States Consumer Product Safety Commission’s website at https://files.eric.ed.gov/fulltext/ED427507.pdf, or from the United States Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814. This handbook can be inspected and obtained at no charge at the Department of Lifelong Education, Advancement, and Potential, Child Care Licensing Bureau, 105 West Allegan Street, Lansing, Michigan 48933.

(11) All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the United States Consumer Product Safety Commission Handbook for Public Playground Safety. The shock absorbing surface material may be either unitary or the loose-fill type. An exception to this subrule is provided for natural playgrounds.

(12) Shock-absorbing surfacing materials are not required for equipment that requires a child to be standing or sitting on the ground during play.

(13) Loose-fill surfacing material must not be installed over concrete or asphalt.

(14) The depth of the loose-fill surface material must be restored to its required depth when it has moved or becomes otherwise compromised.

(15) If children’s wheeled vehicles and pull toys are used, a suitable surface must be provided for their use.

(16) Materials used on a natural playground must not be in the use zones for other playground equipment.

(17) The elevated playing surface of materials used on a natural playground must not exceed 30 inches.

(18) Materials used on a natural playground with elevated playing surfaces must not be installed over concrete or asphalt.

(19) Surfacing materials are not required under elevated playing surfaces on a natural playground.

(20) A small capacity center is exempt from subrules (3), (10), and (11) of this rule.

(21) Small capacity centers shall abide by all of the following:

(a) Provide a clean, safe, and hazard-free outdoor play area on the premises or within a reasonable walking distance of the center.

(b) Inspect the outdoor play areas daily before use to ensure that no hazards are present.

(c) The play area size must be not less than 600 square feet.

(d) Provide an adequate and varied supply of outdoor play equipment, materials, and furniture that meets all of the following requirements:

(i) Appropriate to the developmental needs and interests of children.

(ii) Appropriate to the number of children.

(iii) Safe and in good repair.

(e) The outdoor play area and equipment must be organized to meet all of the following requirements:

(i) To separate active and quiet activities.

(ii) For a clear and unobstructed view of the whole play area.

(iii) To ensure that there are safe distances between equipment.

(f) Playground equipment including, but not limited to, swings, climbers, and slides with a designated play surface above 30 inches must meet all of the following requirements:

(i) Not be placed over concrete, asphalt, or a similar surface, such as hard-packed dirt or grass.

(ii) Be safe, in good repair, and age appropriate.

(iii) Be placed not less than 6 feet from the perimeter of other play structures or obstacles.

(g) If the playground includes commercial playground equipment, the center needs a playground inspection by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, on request of the department, and before using any newly added playground equipment.

The center shall provide documentation of the inspection to the department on request and keep it on file at the center.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8128 Rescinded.

R 400.8131 Equipment.

Rule 131. (1) A center shall not use equipment, toys, materials, and furnishings recalled or identified by the United States Consumer Product Safety Commission as being hazardous. This information is available free of charge at the United States Consumer Product Safety Commission website, www.cpsc.gov.

(2) The current list of unsafe children’s products must be conspicuously posted in the center as an actual hard copy or electronic access to the Consumer Product Safety Commission or its successor’s list of recalled children’s products, pursuant to section 15 of the children’s product safety act, 2000 PA 219, MCL 722.1065.

(3) Materials that have a warning label indicating the materials are toxic for children, or to keep out of reach of children, must not be used by children.

(4) Play equipment, materials, and furniture must be all of the following

(a) Appropriate to the developmental needs and interests of children as required by R 400.8271(2).

(b) Safe, clean, and in good repair.

(c) Child-sized or appropriately adapted for a child’s use.

(d) Easily accessible to the children.

(5) A center shall provide a minimum of 3 p l a y s p a c e s per child multiplied by the number of children the center is licensed to serve.

(6) A minimum of 2 playspaces must be accessible per child in attendance on any given day during child-initiated activity time.

(7) Children shall have access to equipment and materials in the following areas on a daily basis:

(a) Large and small muscle activity.

(b) Sensory exploration.

(c) Social interaction and dramatic play.

(d) Discovery and exploration.

(e) Early math and science experiences.

(f) Creative experiences through art, music, and literature.

(8) A current and accurate equipment inventory must be provided to the department before issuance of the original license and updated and made available at each renewal.

(9) A first aid kit must be readily accessible to staff and securely stored in the center.

(10) A rocking chair or other comfortable, adult-sized seating must be provided for 50% of the program staff on duty who are providing infant and toddler care.

(11) Trampolines and bounce houses must not be used by children in care at the child care center.

(12) Teething necklaces, bracelets, or beads must not be used by children in care at the child care center.

(13) Specialized equipment prohibited by these rules may be used by a child if specified in their individualized family service plan or individualized education program and in the manner described in their individualized family service plan or individualized education program.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8134 Sleeping Equipment.

Rule 134. (1) All bedding and sleeping equipment must be appropriate for the child, clean, comfortable, safe, and in good repair.

(2) Heavy objects that could fall on a child, such as shelving and televisions, must not be above sleeping equipment.

(3) A crib or portable crib must be provided for all infants in care.

(4) A crib, portable crib, cot, or mat, and a sheet or blanket of appropriate size must be provided for all toddlers and preschoolers less than 3 years of age in care.

(5) Along with a cot or a mat, a sheet or blanket of appropriate size must be provided as follows:

(a) For all preschoolers 3 years of age and older in care for 5 or more continuous hours.

(b) For any child in care who regularly naps.

(c) On a parent’s request for any child in care.

(6) Car seats, infant seats, swings, bassinets, and play yards are not approved sleeping equipment.

(7) Documentation from the child’s licensed health care provider is required if a child has a health issue or special need that requires the child to sleep in something other than a crib or portable crib for infants or toddlers, or cot or mat for toddlers. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.

(8) Swaddling with a sleep sack swaddle attachment or swaddle wrap is allowed only for infants up to 2 months of age. If a child has a health issue or special need that requires the child use a swaddle attachment or swaddle wrap after the child is 2 months of age, documentation from the child’s licensed health care provider is required. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.

(9) A center shall not use stacking cribs.

(10) Cribs and portable cribs must comply with the federal product safety standards issued by the United States Consumer Product Safety Commission.

(11) A crib or portable crib must have a firm, tight-fitting waterproof mattress.

(12) A tightly fitted bottom sheet must cover the crib or portable crib mattress with no additional padding placed between the sheet and mattress.

(13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects that could smother a child must not be placed in, or within reach of, a crib or portable crib with a resting or sleeping infant.

(14) Blankets must not be draped over cribs or portable cribs when in use.

(15) Cots and mats must be constructed of a fabric or plastic that is easily cleanable.

(16) All sleeping equipment and bedding must be cleaned and sanitized when soiled, between uses by different children, and at least once a week regardless of use by different children.

(17) When sleeping equipment and bedding are stored, both of the following apply:

(a) Sleeping surfaces must not come in contact with other sleeping surfaces.

(b) Bedding must not come in contact with other bedding.

(18) All occupied cribs, portable cribs, cots, and mats must be placed in a manner that there is a free and direct means of egress and be spaced as follows:

(a) Cribs and portable cribs must be not less than 2 feet apart when occupied. Cribs or portable cribs with solid-panel ends may be placed end-to-end.

(b) Cots and mats must be not less than 18 inches apart.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8137 Telephone service.

Rule 137. (1) An operable phone must be available and accessible onsite during the hours the center is in operation.

(2) During the hours the center is in operation, a phone number known to the public and available to parents to provide immediate access to the center must be provided.

(3) Emergency phone numbers, including 911, fire, police, Michigan Mental Health Hotline (866-903-3783), and the poison control center, and the facility’s physical address and 2 main cross streets, must be conspicuously posted in a place visible to staff. For outdoor nature-based centers, emergency phone numbers including, 911, fire, police, and the poison control center, and the emergency location for emergency medical services to arrive must be available to all staff at all times while in operation and caring for children.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8140 Water supply; plumbing.

Rule 140. (1) The water system must comply with the requirements of the local health department.

(2) Plumbing must be designed, constructed, installed, and maintained to prevent cross-connection with the water system.

(3) Sinks, toilet rooms, drinking fountains, and other water outlets must be supplied with safe water sufficient in quantity and pressure to meet conditions of peak demand.

(4) All plumbing fixtures and water and waste pipes must be properly installed and maintained in good working condition.

(5) Each water heater must be equipped with a thermostatic temperature control and a pressure relief valve, both of which must be in good working condition.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8143 Toilets; hand washing sinks.

Rule 143. (1) A center shall provide toilet and hand washing sinks as follows:

(a) A center operating with children toddler age or older in attendance less than 5 continuous hours a day shall provide at least 1 toilet and 1 hand washing sink for every 20 children toddler age or older or fraction thereof.

(b) A center operating with children toddler age or older in attendance 5 or more continuous hours a day shall provide at least 1 toilet and 1 hand washing sink for every 15 children toddler age or older or fraction thereof.

(2) Any center that is new, adds an infant and toddler component, or increases the infant and toddler capacity shall have a diapering area with a readily accessible, designated hand washing sink.

(3) A separate hand washing sink is required in the kitchen for all of the following:

(a) A new center with a food service component.

(b) A center with a food service component that remodels the kitchen.

(c) Any center that adds a food service component.

(4) Hand washing sinks for children must be accessible to children by platform or installed at children’s level.

(5) Hand washing sinks must have warm running water not to exceed 120 degrees Fahrenheit.

(6) Soap and single service towels or other approved hand drying devices must be provided near hand washing sinks.

(7) Toilet rooms for school-age children must provide for privacy.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8143a Outdoor nature-based child care center toilets; hand washing sinks.

Rule 143a. (1) Outdoor nature-based child care centers are exempt from R 400.8350.

(2) Outdoor nature-based child care centers shall have access to the use of toileting facilities in a public park or nature center if the bathrooms are checked for cleanliness and safety before the children’s use and the toilet seats, sinks, or other surfaces that children touch are cleaned and disinfected daily.

(3) For the toileting options described in subrule (2) of this rule and to ensure successful toileting and handwashing practices, a center shall ensure children have independent access to sufficient toilets, urinals, toilet paper, handwashing equipment, and staff support.

(4) Centers shall include a toileting policy in the parent handbook.

History: 2025 MR 10, Eff. May 7, 2025.

R 400.8146 Sewage disposal.

Rule 146. (1) Sewage and other water-carried wastes must be disposed of through a municipal or private sewer system.

(2) Private sewer and septic systems must be designed and operated to safely dispose of all wastewater generated, be adequate in size for the projected use, and meet the criteria of the local health department.

History: 2013 AACS; 2019 AACS; 2025 MR 10, Eff. May 7, 2025.

R 400.8149 Garbage and refuse.

Rule 149. (1) All garbage must be…