DEPARTMENT OF HUMAN SERVICES

                             DIRECTOR'S OFFICE

           LICENSING RULES FOR FAMILY AND GROUP CHILD CARE HOMES


(By authority conferred on the director of the Department of  Human  Services 
by Section 2 of 1973 PA 116,  Executive  Reorganization  Order  Nos.  1996-1, 
1996-2, 2003-1, and 2004-4,  MCL 722.112, 330.3101, 445.2001,  445.2011,  and 
400.226.)



R 400.1901  Definitions.
  Rule 1. (1) As used in these rules:
  (a) "Act" means 1973 PA 116, MCL 722.111.
  (b)  "Adult" means a person 18 years of age and older.
  (c)  "Approved"  means  having  been   reviewed   and   accepted    by    a 
designated inspecting authority or an agency that has jurisdiction.
  (d) "Assistant caregiver" means a person or family member who   is    under 
the supervision of the caregiver and who provides direct care,   supervision, 
and protection to children in care.
  (e) "Basement" means a story of a building or structure having ½  or   more 
of its clear height below average grade for at least 50% of the perimeter.
  (f)  "Caregiver" means the family child care home  registrant   or    group 
child care  home  licensee  who  provides  direct  care,   supervision,   and 
protection  of children in care.
  (g) "Caregiving staff" means the caregiver and any assistant caregiver.
  (h) "Child care home family" means all persons, including  minors,  living, 
on an ongoing or intermittent basis, in the family or group child care home.
  (i) "Child passenger restraint  device"  means  a  device  that   is   used 
to restrain a child weighing 50 pounds or less that meets  the   requirements 
of federal motor vehicle safety standard no.  213,  child  seating   systems, 
49 C.F.R. 571, which is hereby adopted by reference.
  (j) "Child-use space" means the rooms  and  floor  levels  of   the    home 
approved by the department for child care.
  (k) "Combustible" means materials that will ignite and burn when  subjected 
to a fire or excessive heat.
  (l)  "Department"  means  the  department  of  human  services   that    is 
the  organizational  unit  of  Michigan  government   responsible   for   the 
enforcement of these rules.
  (m) "Field trip" means children and caregiving staff leaving   the    child 
care family or group  home  premises  for  an  excursion,  trip,  or  program 
activity.
  (n) "Fire alarm" means a device that is used to alert all  persons  in  the 
home of fire conditions. The device shall be heard in all parts of the   home 
that are used by children.
  (o) "Foster child" means a person who resides  in  a  foster   home,    who 
was placed in the foster home by a placing agent, who is not  living  with  a 
parent or legal guardian, who is less than 18 years of age or   becomes    18 
years  of age while residing in the foster home and continues to  reside   in 
the  foster home as a dependent adult, and who is not  related  to  an  adult 
member  of  the foster family by blood, adoption, or marriage.
  (p) "Heat detector" means a single or multiple station   alarm   responsive 
to heat.
  (q) "Household member" means any minor  or  adult  that   lives    in    or 
stays overnight in the home on an ongoing and recurrent basis.
  (r) "Licensee" means an adult who lives in the licensed  home    and    has 
been issued a license to operate a group child care home  for  up    to    12 
unrelated children.
  (s) "Means of egress" means the exit route from any point in the  home   to 
the outside at ground level.
  (t) "Minor" means a person less than 18 years of age.
  (u) "Nonprescription medication" means any   over-the-counter    medication 
that may be orally ingested or  applied  to  the  skin,  including,  but  not 
limited, to aspirin,  acetaminophen,  cold  and  flu   medicines,    mosquito 
repellants, antiseptics, ointments, powders, and diaper rash products.
  (v) "Parent" means a child's  natural   or   adoptive   parent    who    is 
legally responsible for the child or means the child's legal guardian.
  (w) "Premises" means  the  location  of  the  child  care   home    wherein 
the caregiver and family reside  and  includes  the  attached  yard,  garage, 
basement, and any other outbuildings.
  (x) "Registrant" means an adult who lives in the registered  home  and  has 
been issued a certificate of registration to operate a family child care home
 for up to 6 unrelated children.
  (y)  "Related"  means   a   parent,    grandparent,    brother,     sister, 
stepparent, stepsister,  stepbrother,  uncle,  aunt,  great    aunt,    great 
uncle,   or step-grandparent related to the caregiver by marriage, blood,  or 
adoption.
Cousins include those  related  to  the  caregiver  by  marriage,  blood,  or 
adoption within the second degree  of  consanguinity  (up  to  and  including 
second cousins).
  (z)  "Safety  belt"  means  an  automobile  lap  belt    or    lap-shoulder 
belt combination designed to restrain and protect  a  passenger   or   driver 
of  a vehicle from injury.
  (aa) "Smoke detector"  means   a   device   that   detects    visible    or 
invisible particles of combustion.
  (ab) "Transportation" means the taking of children by means of  a   vehicle 
to or from a family or  group  child  care  home  and  to  and    from    all 
other activities planned by or through the family or group child care home.
  (ac) "Vehicle" means an automobile,  truck,  or   van    that    transports 
persons upon a highway.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1902  Caregiver and child care home family.
  Rule 2. (1) An applicant shall meet all of the following provisions:
  (a) Be 18 years of age or older.
  (b) Have  a  high  school  diploma,   general    educational    development 
(GED) certificate, or equivalent.  This   subdivision   applies    only    to 
applicants registered/licensed after the effective date of these rules.
  (c) Reside in the child care home.
  (d)  Have  proof    of     valid     infant/child/adult     cardiopulmonary 
resuscitation (CPR), first aid, and blood-borne pathogen training.
  (e) Attend an orientation provided by the department.
  (2) An applicant or the caregiver shall be  of  responsible  character  and 
shall be suitable and able to meet the needs of  children  and  provide   for 
their care, supervision, and protection.
  (3) All persons, including minors, residing in the child care  home   shall 
be of good moral character and be suitable to assure the welfare of children.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1903  Caregiver responsibilities.
  Rule 3. (1) A caregiver   shall   be   responsible   for   all    of    the 
following provisions:
  (a) 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) When the child care home is in  operation,   vacation    or    personal 
leave shall not exceed 20 days within a calendar year.
  (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 an adult assistant caregiver with valid CPR and first  aid   to 
act as the caregiver when the caregiver  is  unable   or    unavailable    to 
provide direct care.
  (d) Shall inform parents when an assistant caregiver is providing  care  in 
the absence of the caregiver.
  (e) Maintain a record of the dates of  caregiver  absences.  These  records 
shall be maintained for a minimum of 4 years.
  (f) Have a written and signed agreement with a responsible person  who   is 
18 years of age or older to provide care and supervision for children  during 
an emergency situation.
  (g) Post  the  current  license  or  certificate  of  registration   in   a 
conspicuous place.
  (h) Report to the department, within 7  working  days,  any   changes    in 
the household composition or when any new or existing member of the household 
has any of the following:
  (i) Arrests or convictions.
  (ii) Involvement in substantiated abuse or neglect of children.
  (iii) Court-supervised parole or probation of the caregiver or  any  member 
of the household.
  (iv) Been  admitted  to,  or  released  from,  a   correctional   facility, 
or hospital, institution, or facility for  the  treatment  of  an  emotional, 
mental, or substance abuse problem.
  (i) Provide the department  with  a   written   statement    verifying    a 
person's personal fitness to care for, or to be  associated  with,   children 
for  any person who lives in a home or who cares for  children  and  who  has 
been treated on an inpatient or outpatient basis for an  emotional,   mental, 
or  substance abuse problem during the last 2 years.  Such statement shall be 
obtained from the medical or mental health professional  who   is    directly 
involved  in  the treatment plan or the administrative  director    of    the 
mental  hospital  or mental institution.
  (j) Shall  immediately  report  to  children's  protective   services   any 
suspected child abuse or neglect.
  (2) The caregiver shall assure that a   child   is   released    only    to 
persons authorized by the parent.
  (3) The caregiver shall permit parents  of  enrolled  children   to   visit 
anytime during hours of operation.
  (4) The caregiver shall cooperate with the department in  connection   with 
an inspection or investigation.  Cooperation shall  include,  but   not    be 
limited to, both of the following:
  (a) To enable the department  to  conduct   a    thorough    investigation, 
provide access to the assistant caregivers, all records, and materials.
  (b) Information provided to the department shall be accurate and truthful.
  (5) The caregiver shall assure that all assistant caregivers  shall  be  of 
good moral character and be suitable to assure the welfare of children.
  (6) The caregiver shall have present at all times at least 1  person    who 
can accurately comprehend all of the following information:
  (a) In child care home  rules,  1973  PA  116,  MCL  722.111,    and    any 
additional licensing division communications.
  (b) On child information cards.
  (c) In written directions about the child's care.
  (d) On food,  cleaning,  and  chemical   labels   that   can    impact    a 
child's well-being.
  (e) On written medication directions for any given child.
  (f) Needed to effectively implement emergency procedures.
  (7) The caregiver shall   authorize   the   department   to    conduct    a 
criminal history and protective service background check  to    assess    the 
good  moral character and suitability of the child care home family.
  (8) The caregiver shall do both of the following:
  (a) Assure that smoking does not occur in the child  care  home   and    on 
the premises while children are in care.
  (b) Conspicuously post on the premises  a  notice  stating   that   smoking 
is prohibited on the premises during child care hours.
  (9) The caregiver shall notify parents if smoking occurs in    the    child 
care home and on the premises when children are not in care.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1904  Assistant caregivers.
  Rule 4.   (1)  An   assistant   caregiver   shall   meet   all    of    the 
following requirements:
  (a) Be 14 years of age or older.
  (b) An assistant caregiver under 18 years of age shall always  work   under 
the supervision of the caregiver or adult assistant caregiver at  the    site 
where care is being provided.
  (c)  Have  proof  of  valid  infant/child/adult  CPR,  first    aid,    and 
blood-borne pathogen training within 90 days of hire.
  (d) Be of responsible character, suitable, and able  to  meet   the   needs 
of children and provide for their care, supervision, and protection.
  (2) An adult assistant  caregiver,  18  years  of  age  or    older,    may 
substitute for the caregiver in accordance with R 400.1903(1)(c).

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1905  Training.
  Rule 5. (1) The caregiver shall complete not less  than  10   clock   hours 
of training each year  related  to  child  development,   program   planning, 
and administrative management for a child care business, not  including  CPR, 
first aid and blood borne pathogen training.
  (2) Each assistant caregiver shall complete not less than 5   clock   hours 
of training each year related to child development and caring  for  children, 
not including CPR, first aid, and blood-borne pathogen training.
  (3) The caregiver shall assure that assistant caregivers   have    training 
that includes information regarding safe  sleep  practices   (sudden   infant 
death syndrome) and shaken baby syndrome prior to caring for children.
  (4) Within 1 year  of  the  effective  date  of  these    rules,    current 
caregivers and assistant caregivers shall have completed blood-borne pathogen 
training.
  (5) Training hours may include participation in any of the following:
  (a) Sessions offered by  community  groups,   faith-based    organizations, 
and child care home associations.
  (b) Trainings, workshops, seminars, and  conferences  on  early  childhood, 
child development  or  child  care  administration    offered    by     early 
childhood organizations.
  (c) Workshops  and  courses  offered  by  local  or   intermediate   school 
districts, colleges, and universities.
  (d) Online courses.
  (6) Verification of participation in the required  training,   signed    by 
the trainer or an authorized individual, shall be kept on file.
  (7) Infant, child, and  adult  CPR  and  first  aid  training   shall    be 
maintained in the following manner:
  (a) Each year for CPR.
  (b) Every 36 months for first aid.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.

Editor's Note: An obvious error in R 400.1905 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, 2009 MR 7.  The memorandum requesting the  correction  was 
published in Michigan Register, 2009 MR 10.


R 400.1906  Records of caregiving staff and child care  home  family;  record 
maintenance.
  Rule 6.  (1) The caregiver shall maintain a file  for  the  caregiver   and 
each assistant caregiver including all of the following:
  (a) The name, address, and telephone number.
  (b) A statement signed by a licensed physician or his or her designee   and 
which attests to the individual's mental and physical health.
  (i) For the caregiver, within 1 year before issuance of the certificate  of 
registration or initial license and at the time of subsequent renewals.
  (ii) For the assistant caregivers, within  1  year  prior  to  caring   for 
children and at the time of subsequent renewals.
  (c) Written evidence of freedom from communicable tuberculosis (TB):
  (i) For the caregiver, before issuance of the certificate of   registration 
or initial license.
  (ii) For the assistant caregivers, prior to caring for children.
  (d) Training records, as defined in R 400.1905(5).
  (e) A statement signed by each assistant caregiver that he or she has   not 
been convicted of either of the following:
  (i) Child abuse or child neglect.
  (ii) A felony involving harm or threatened harm to  an  individual   within 
the 10 years immediately preceding the date of hire.
  (f) Documentation from the department of human services that the  assistant 
caregiver has not been involved in substantiated child abuse or neglect.
  (g) A written statement signed and dated by the assistant caregiver at  the 
time of hiring indicating all of the following information:
  (i) The individual is aware that abuse and neglect of children is unlawful.
  (ii) The individual knows that he or she is  mandated  by  law  to   report 
child abuse and neglect.
  (iii) The individual has received a copy of the discipline policy.
  (2) Child care home family members 14 years of age  or  older  shall   have 
written evidence of freedom from communicable TB.
  (3) If immunizations,  as  recommended  by  the  department  of   community 
health, have not been given or completed for all minors who live in the home, 
then the caregiver shall inform the parent of each  child  in  care  and  all 
assistant caregivers.
  (4) The records in this  rule  shall  be  retained  for  the  duration   of 
employment and a minimum of 4 years thereafter.

  History: 2005 AACS.


R 400.1907  Children's records.
  Rule 7. (1) Prior to initial  attendance,  the  caregiver   shall    obtain 
the following documents:
  (a) A completed child  information  card  on  a  form  provided   by    the 
department or a comparable substitute approved by the department.
  (b) A child  in  care  statement/receipt  using  a  form  provided  by  the 
department and signed by the parent certifying the following:
  (i) Receipt of a written discipline policy.
  (ii) Condition of the child's health.
  (iii) Receipt of a copy of the family and group child care home rules.
  (iv) Agreement as to who will provide food for the child.
  (v) Acknowledgement that the assistant caregiver is 14 to 17 years of  age, 
if applicable.
  (vi) Acknowledgement that firearms are on the premises, if applicable.
  (vii) If the child care home  was  built  prior   to   1978,    then    the 
caregiver shall inform the parents of each child in care and  all   assistant 
caregivers of the potential presence of  lead-based  paint  or   lead    dust 
hazards,  unless the caregiver maintains documentation from a  lead   testing 
professional  that the home is lead safe.
  (c) Documentation that immunizations and  boosters,  as   recommended    by 
the department of community health, are any of the following:
  (i) Have been completed.
  (ii) Are in progress.
  (iii) Are not being administered due  to  religious,  medical,   or   other 
reasons based on a waiver signed by the parent.
  (d) If a parent objects  to  emergency  medical  treatment   on   religious 
grounds, the  parent  shall  provide  a  signed  statement  that  he  or  she
 assumes responsibility for all emergency care.
  (2) Records in subrule (1)  of  this   rule   shall   be    reviewed    and 
updated annually or when information changes.
  (3) Dated daily  attendance  records  of  children  in  care    shall    be 
maintained and shall include the child's first and last name and the time  of 
arrival and departure.
  (4) Children's records required by the department  shall   be    accessible 
and stored in a location known to all assistant caregivers.
  (5) The records in this rule shall be retained for a minimum of 4 years.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1908  Capacity.
  Rule 8.  (1) The family child care registrant shall assure that the  actual 
number of unrelated children in care at any 1 time does not exceed the number 
of children for which the home is registered, not to exceed a total of 6.
  (2) The group child care licensee shall assure that the actual  number   of 
unrelated children in care at any 1  time  does  not  exceed  the  number  of 
children for which the home is licensed, not to exceed a total of 12.
  (3) This rule is not subject to the variance specified in R 400.1963.

  History: 2005 AACS.


R 400.1909  Concurrent licensing.
  Rule 9.  (1) The caregiver who is concurrently licensed  as  a   children's 
foster home provider shall so inform the parents of the children in care.
  (2) The caregiver who provides care for both child care  and  foster   care 
children shall not care for more  than  8  children,  including  all  of  the 
following:
  (a) Children who are under 17 years of age and  who  are  related  to   the 
caregiver by blood, marriage, adoption, or legal guardianship.
  (b) The capacity of foster children identified on the foster care license.
  (c) All other children who are cared for on a part-time or full-time basis.
  (3) The caregiver shall notify the department when applying for  a   foster 
care license.

  History: 2005 AACS.


R 400.1910  Ratio of caregiving staff to children.
  Rule 10.  (1) The ratio of caregiving staff to  children  present  in   the 
home at any 1 time shall be not less than 1  caregiving  staff  person  to  6 
children.  The ratio shall include all unrelated children in care and any  of 
the following children who are less than 7 years of age:
  (a) Children of the caregiver.
  (b) Children of the assistant caregiver.
  (c) Children related to any member of the child care home family by  blood, 
marriage, or adoption.
  (2) For each caregiving staff person, not more than 4  children  shall   be 
under the age of 30 months, with not more than 2 of the 4 children under  the 
age of 18 months.

  History: 2005 AACS.


R 400.1911  Supervision.
  Rule 11.  (1) The caregiver shall assure appropriate care and   supervision 
of children at all times.
  (2) A caregiver or adult assistant caregiver shall be present in the   home 
at all times when children are in care.
  (3) Caregiving staff shall be up and awake at all times when children   are 
in care except as provided in R 400.1922(2) of these rules.
  (4) Caregiving staff shall know the location of each child at all times.
  (5) Caregiving staff shall never leave a child unattended or with a   minor 
in a vehicle.
  (6) A caregiver or adult assistant caregiver shall at all  times   directly 
supervise  children  who  are  engaged  in  water  activities  or  are   near 
collections or bodies of water.

  History: 2005 AACS.


R 400.1912  Infant supervision and sleeping.
  Rule 12.  (1) Infants, birth to 12 months of age, shall be placed on  their 
backs for resting and sleeping.
  (2) Infants unable to roll from their stomachs to their  backs,  and   from 
their backs to their stomachs, when found facedown, shall be placed on  their 
backs.
  (3) If infants can easily turn over from their backs  to  their   stomachs, 
then they shall be initially placed on their  backs,  but  allowed  to  adopt 
whatever position they prefer for sleeping.
  (4) For an infant who  cannot  rest  or  sleep  on  her/his  back  due   to 
disability or illness, the caregiver shall have written instructions,  signed 
by a physician, detailing an alternative safe  sleep  position  and/or  other 
special  sleeping  arrangements  for  the  infant.   The  caregiver/assistant 
caregiver shall rest/sleep children in accordance with a physician's  written 
instructions.
  (5) Caregiving staff  shall  maintain  supervision  and  monitor   infants' 
breathing, sleep position, bedding, and possible signs of distress except  as 
provided in R 400.1922.
  (6) Video surveillance equipment and baby monitors shall not  be  used   in 
place of subrule (5) of this rule.

  History: 2005 AACS.


R 400.1913  Discipline and child handling.
  Rule 13.  (1) The caregiver shall develop  and  have  on  file  a   written 
policy regarding the discipline of children.
  (2) Developmentally  appropriate  positive  methods  of  discipline   which 
encourage self-control, self-direction, self-esteem, and cooperation shall be 
used.
  (3) Caregiving staff shall not do any of the following:
  (a) Hit, spank, shake, bite, pinch, or inflict  other  forms  of   corporal 
punishment.
  (b) Restrict a child's movement by binding or tying him or her.
  (c) Inflict mental or emotional  stress,  such  as  humiliating,   shaming, 
threatening a child, or using derogatory remarks.
  (d) Deprive a child of meals, snacks, rest, or necessary toilet use.
  (e) Confine a child in an enclosed area such as  a  closet,  locked   room, 
box, or similar cubicle.
  (4) Non-severe and developmentally appropriate discipline or restraint  may 
be used when reasonably necessary to prevent a child from harming himself  or 
herself, or to prevent a child from harming other persons or property, or  to 
allow a child to gain control of himself or herself excluding those forms  of 
punishment prohibited by subrule (3) of this rule.
  (5) This rule is not subject to the variance specified in R 400.1963.

  History: 2005 AACS.


R 400.1914  Daily activity program.
  Rule 14. (1) Caregiving staff shall  engage  in    positive    interactions 
with children.  For infants and toddler, interactions  may    include,    but 
not  be limited to, the following:
  (a)  Nurturing  contact,   such   as   talking   to,    smiling,    holding 
rocking, cuddling, and giving eye contact throughout the day and during daily 
routines such as feeding and diapering.
  (b) Promptly responding to a child's cries and other signs of distress.
  (2) The caregiver shall plan daily activities so that each child  may    do 
the following:
  (a) Have opportunities to feel successful and  feel  good   about   himself 
or herself and develop independence.
  (b) Develop and use language.
  (c) Develop and use large and small muscles.
  (d) Use materials and take part in activities which encourage creativity.
  (e) Learn new ideas and skills.
  (f) Participate in imaginative play.
  (g) Rest or sleep, or both.
  (3) All of the following developmentally appropriate  opportunities   shall 
be provided daily:
  (a) A balance of active and quiet play, group, and individual activities.
  (b) Indoor and outdoor play, except during inclement or  extreme   weather, 
or unless otherwise ordered by a health care provider.
  (c)  Early  language  and  literacy  experiences   throughout   the     day 
accumulating for not less than 30 minutes.
  (d) Early math and science experiences.
  (4) Television, video tapes, movies, electronic  devices,   and   computers 
shall be limited to not more than  2  hours  per  day   and    to    programs 
designed  for children's education and/or enjoyment. Other  activities  shall 
be available to children during television/movie viewing.
  (5) Programs/movies with violent  or  adult   content,    including    soap 
operas, shall not be permitted in child-use space while children are in care.
  (6) The use of television,  video  tapes,  movies,   electronic    devices, 
and computers by children in care shall be suitable to the age of  the  child
 in terms of content and length of use.
  (7) The caregiver shall, for children  with  special  needs,   work    with 
the parents, medical personnel, and/or other  relevant    professionals    to 
provide care in accordance with the child's  identified  needs  and  learning 
supports.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1915  Indoor space; play equipment and materials.
  Rule 15. (1) A child care home shall provide not less than 35  square  feet 
per child of safe, usable,  accessible  indoor  floor  space,  not  including 
bathrooms and storage areas.
  (2) Only space that  has  received  prior  approval  for  child   use    by 
the department may be used for child care.
  (3) A variety and number of  easily  accessible  activity   choices   shall 
be available to the child, shall be safe and appropriate for a child at   his 
or  her  stage  of  development,  and    shall    be     based     on     the 
licensed/registered number of  children.   All  of  the  following  apply  to 
activity choices available:
  (a) Materials may include, books, art  supplies,  blocks  and  accessories, 
large muscle equipment, manipulative toys, musical  equipment,  and  dramatic
 play materials.
  (b) All materials and equipment shall be kept clean and free of hazards.
  (c) Toys and other play equipment soiled by secretion or  excretion   shall 
be cleaned with soap and water, rinsed and sanitized  before  being  used  by
 a child.
  (4) The  caregiver  shall  not  use   any   equipment,    materials,    and 
furnishing recalled or  identified  by  the  U.S.  Consumer  Product   Safety 
Commission (http://www.cpsc.gov/) as being hazardous.  As required by 2000 PA
 219,  MCL 722.1065, the caregiver shall conspicuously post  in   the   child 
care  home  an updated copy of the list of unsafe children's  products   that 
is  provided  by the department.
  (5) All children shall  be  protected  from  materials  that    could    be 
swallowed and/or present a choking hazard.  Toys or objects  with   removable 
parts  less than 1 ¼ inches in diameter and less than 2 ¼ inches  in  length, 
as  well  as balls smaller than 1 ¾ inches in  diameter  are  prohibited  for 
children under 3 years of age.
  (6) Trampolines shall not be used indoors by children in care.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1916  Bedding and sleeping equipment.
  Rule 16. (1) All bedding and equipment  shall  be  in    accordance    with 
U.S.
Consumer  Product  Safety  Commission  (http://www.cpsc.gov/)  standards   as 
approved for the age of the child using the equipment  and  shall  be  clean, 
comfortable, safe, and in good repair.
  (2) All bedding and sleeping equipment shall  be  cleaned   and   sanitized 
before being used by another person.
  (3) All bedding used by children shall be washed when soiled or weekly   at 
a minimum.
  (4)  All  cribs  or  porta-cribs  shall  be  equipped    with    a    firm, 
tight-fitting mattress with a waterproof, washable covering,  as  recommended 
and approved by the U.S. Consumer Product Safety Commission.
  (5) Infants, birth to 12 months of age, shall  rest  or  sleep   alone   in 
an approved crib or porta-crib.  A crib shall have all of the following:
  (a) A firm, tight-fitting mattress.
  (b) No loose, missing, or broken hardware or slats.
  (c) Not more than 2 3/8" between the slats.
  (d) No corner posts over 1/16" high.
  (e) No cutout designs in the headboard or footboard.
  (f) A tightly fitted bottom  sheet  shall  cover  a  firm   mattress   with 
no additional padding placed between the sheet and mattress.
  (6) An infant's head shall remain uncovered during sleep.
  (7)  Soft  objects,  bumper  pads,  stuffed  toys,  blankets,   quilts   or 
comforters, pillows, and other objects that could smother an infant shall not
 be  placed with or under a resting or sleeping infant.
  (8) Blankets shall not be draped over cribs or porta-cribs.
  (9) Children 12 to 24 months of age shall  rest  or  sleep  alone   in   an 
approved crib, porta-crib, or on a cot or  mat  sufficient  for  the  child's 
length, size, and movement.
  (10)  Infant  car  seats,  infant  seats,   infant    swings,    bassinets, 
highchairs, waterbeds, adult beds,  soft  mattresses,  sofas,  beanbags,   or 
other  soft surfaces are not approved  sleeping  equipment  for  children  24 
months of age or younger.
  (11) Children 24 months or younger who fall asleep in a  space   that    is 
not approved  for  sleeping  shall   be   moved    to    approved    sleeping 
equipment appropriate for their size and age.
  (12)  Children  over  24  months  of  age  shall   have   an    individual, 
age appropriate, clean, comfortable and safe place to sleep or  rest.     The 
floor shall be used only when padded, warm, and free  from  drafts  and  when 
there  is a mat, sleeping bag, blanket, or similar piece of  bedding  between 
the  floor and the child.
  (13) If nighttime  care  is  provided,  then  children  shall   sleep    in 
age appropriate cribs and beds.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1917  Telephone.
  Rule 17. (1) Caregiving staff  shall  have   immediate   access    to    an 
operable telephone within the child care home at all times.
  (2) The telephone number shall  be  made  available  to   the    department 
and parents.
  (3) The caregiver shall inform the department and parents of   any   change 
in telephone number.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.

Editor's Note: An obvious error in R 400.1917 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, 2009 MR 7.  The memorandum requesting the  correction  was 
published in Michigan Register, 2009 MR 10.



R 400.1918  Medication; administrative procedures.
  Rule 18.  (1) Medication, prescription or nonprescription, shall be   given 
to a child in care by adult caregiving staff only.
  (2) Medication, prescription or nonprescription, shall be given or  applied 
only with prior written permission from a parent.
  (3) All medication shall be in the original container, stored according  to 
instructions, and clearly labeled for a named child.
  (4) Prescription medication shall have the pharmacy label  indicating   the 
physician's name, child's name, instructions, and name and  strength  of  the 
medication and shall be given in accordance with those instructions.
  (5) All medication shall be kept out of the reach of children and shall  be 
returned to the child's parent when the parent determines  it  is  no  longer 
needed or when it has expired.
  (6)  Adult  caregiving  staff  shall  give  or   apply   prescription    or 
non-prescription medication according  to  the  directions  on  the  original 
container unless otherwise authorized by  a  written  order  of  the  child's 
physician.
  (7) A record of the date, time, and the amount of all medication given   or 
applied shall be maintained on  a  form  provided  by  the  department  or  a 
comparable substitute approved by the department.
  (8) Topical nonprescription  medication,  including  but  not  limited   to 
sunscreen, insect repellant, and diaper rash ointment, shall be  exempt  from 
subrule (7) of this rule.
  (9) The records required in this rule shall be retained for a minimum of  4 
years.

  History: 2005 AACS.


R 400.1919  Communicable disease.
  Rule 19.  A person who lives in a home or cares for  children  who  has   a 
suspected or a confirmed case of a communicable disease shall not  come  into 
contact with children in care.

  History: 2005 AACS.


R 400.1920  Outdoor play area and equipment.
  Rule 20.  (1) A child care home shall provide a clean,  safe,  and   hazard 
free outdoor play area, on  the  premises  or  within  a  reasonable  walking 
distance of the home.
  (2) The play area size shall be the following:
  (a) Not less than 400 square feet for a family child care home.
  (b) Not less than 600 square feet for a group child care home.
  (3) A child care home shall provide  an  adequate  and  varied  supply   of 
outdoor play  equipment,  materials,  and  furniture,  that  is  all  of  the 
following:
  (a) Appropriate to the developmental needs and interests of children.
  (b) Appropriate to the number of children.
  (c) Safe and in good repair.
  (4) The outdoor play area and equipment shall be organized:
  (a) To separate active and quiet activities.
  (b) For a clear and unobstructed view of the whole play area.
  (c) To assure that there are safe distances between equipment.
  (5) When swings, climbers, slides, and other similar play equipment with  a 
designated play surface above 30 inches are used, they shall:
  (a) Not be placed over concrete, asphalt, or a similar  surface,  such   as 
hard-packed dirt or grass.
  (b) Be safe, in good repair, and age-appropriate.
  (c) Be placed at least 6 feet from the perimeter of other play   structures 
or obstacles.
  (6) Trampolines shall not be used outdoors by children in care.
  (7) Children in care shall not be permitted to ride all terrain   vehicles, 
motor bikes, go-carts, recreational, and other motorized vehicles.

  History: 2005 AACS.


R 400.1921  Water hazards and water activities.
  Rule 21. (1) The caregiver  shall   ensure   that   barriers    exist    to 
prevent children from gaining access  to  any   swimming    pool,    drainage 
ditch,  well, natural or constructed pond or  other  body  of   open    water 
located  on  or adjacent to  the  property  where  the  child  care  home  is 
located.  Such barriers shall be of a minimum of 4  feet  in    height    and 
appropriately  secured  to prevent children from gaining access to such areas.
  (2) Hot tubs and spa pools shall not be used when children are in care.
  (3) Hot tubs and spa pools,  whether  indoors  or  outdoors,    shall    be 
made inaccessible to children in care by the use of a locked hard cover.
  (4) Wading pools may be used when the following requirements are met:
  (a) The pools are clean and free of debris.
  (b) The pools  are  emptied  and  cleaned  after  each  play   period    or 
immediately when they become dirty or contaminated.
  (c) The pools shall remain empty at all times they are not in use.
  (5) Before use of a residential pool or  any  other  body  of   water    by 
children in care, a caregiver  shall  assure  that  the  water   is    clean, 
safe,  and sanitary, and the children will be  appropriately  and  adequately 
supervised.
  (6) Public swimming areas may be used only if a lifeguard is present.
  (7) If there are 2 groups of children, 1 group in the water and  1    group 
out of the water, then the caregiving staff to child ratios,   as    required 
in  R 400.1910, shall be maintained for each group,  with    the    exception 
that  the in-the-water caregiving staff ratio for children under 3  years  of 
age  shall be 1-to-1 at all times.
  (8) Rescue equipment shall be readily accessible at all times.
  (9) A working telephone  shall  be  immediately  accessible  in  the  water 
activity area.
  (10) A caregiver shall obtain, and keep on file, written  permission   from 
a child's parent for the child's participation in either of the following:
  (a) Before each outdoor water activity at a swimming   pool,    lake,    or 
other body of water off the child care home premises.
  (b) Seasonally for water activities occurring on the child care premises.
  (11) The emergency plan in R 400.1945  shall   include    procedures    for 
water emergencies.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.

Editor's Note: An obvious error in R 400.1921 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, 2009 MR 7.  The memorandum requesting the  correction  was 
published in Michigan Register, 2009 MR 10.


R 400.1922  Nighttime care.
  Rule 22.  (1) In a home where children are in care between  the  hours   of 
midnight and 6 a.m., not more than 2 adjoining floor levels shall be used  at 
any 1 time to sleep children.
  (2) If the caregiving staff and children in care  are  sleeping,  then   at 
least 1 caregiving staff shall be on the same floor  level  as  the  sleeping 
children.
  (3) Homes shall not use a third or higher floor as a resting  or   sleeping 
area for children in care unless there are 2 stairways to ground level.

  History: 2005 AACS.


R 400.1923  Diapering and toilet learning.
  Rule 23.  (1) Diapering of infants and toddlers  shall  only  occur  in   a 
designated changing area.
  (2) The designated changing area shall comply with all of the following:
  (a) Be used exclusively for changing wet or soiled diapers or underwear.
  (b) Be located away from food preparation and meal service areas.
  (c) Have access to  a  hand  washing  sink  that  is  not  used  for   food 
preparation.
  (d) Have a nonabsorbent, easily sanitized  surface  with  a  changing   pad 
between the child and the surface.
  (e) Be cleaned and sanitized after each use.
  (f) Have diapering/changing supplies within easy reach.
  (g) Have  a  plastic-lined,  tightly  covered  container  exclusively   for 
disposable diapers and diapering supplies that shall be emptied and sanitized 
at the end of each day.
  (3) Diapers or training pants shall be changed when wet or soiled.
  (4) Only single use disposable wipes or other single use  cleaning   cloths 
shall be used to clean a child during the diapering or toileting process.
  (5) If cloth diapers/training pants  are  provided  by  the  parent,   then 
soiled diapers/training pants shall be placed in an individual, securely tied 
plastic bag and returned to the parent at the end of the day.
  (6) Toilet learning shall be planned cooperatively between the  parent  and 
the caregiver so that the toilet routine established is consistent.
  (7) If toilet learning equipment, such as potty chairs and modified  toilet 
seats, are used, then the following shall apply:
  (a) They shall be able to be easily cleaned and sanitized.
  (b) Potty chairs shall be emptied, rinsed, and sanitized after each use.
  (8) If disposable gloves are used, then they shall only be used once for  a 
specific child and be removed and disposed of in a safe and  sanitary  manner 
immediately after each diaper change.

  History: 2005 AACS.


R 400.1924  Hand washing.
  Rule 24.  (1) All caregiving staff shall wash  their  hands   appropriately 
and in the following manner:
  (a) Before and after all of the following:
  (i) Preparing and serving food, eating, and feeding.
  (ii) Giving medication.
  (b) After all of the following:
  (i) Diapering.
  (ii) Using the toilet or helping a child use the toilet.
  (iii) Handling bodily fluids, such as mucus, blood, vomit, from   sneezing, 
wiping, and blowing noses, from mouths, or from sores.
  (iv) Handling animals and pets.
  (v) Cleaning or handling garbage.
  (2) Caregiving staff shall assure that children wash their  hands  at   the 
following times:
  (a) Before and after meals, snacks, or food preparation experiences.
  (b) After toileting or diapering.
  (c) After contact with any bodily fluids.
  (d) After playing in sand or water.
  (e) After handling animals and pets.
  (f) When soiled.
  (3) Hand sanitizers and wipes may be used as a  temporary  measure   during 
outings, such as field trips and outdoor activities, until soap  and  running 
water are available.

  History: 2005 AACS.


R 400.1931  Food preparation and service.
  Rule 31. (1)  Each  child  shall  be  provided   with    nutritional    and 
sufficient food as required by the minimum meal requirements  of  the   child 
care  food program, as administered by the Michigan department of  education,
 based  on the   national   research    council's     recommended     dietary 
allowances   for appropriate age groups, unless parents provide the food.
  (2)  Children  shall  be  offered  food  at   intervals   as   individually 
appropriate, but not to exceed more than 4 hours unless the child is asleep.
  (3) Drinking water shall be available at all times.
  (4) Food shall be prepared, served, and  stored  in  a  safe  and  sanitary 
manner.
All of the following shall apply:
  (a) Food served to  children  individually  or  family  style   shall    be 
discarded at the end of the meal if not eaten.
  (b) Prepared food that has not  been  served  to  individuals   or   placed 
in family-style containers shall  be  promptly  covered   after   preparation 
and stored appropriately.
  (c) Children under 3 years of age shall not be served  or  allowed  to  eat 
foods that may easily cause  choking  including,  but   not    limited    to, 
popcorn  and uncut round foods such as grapes, seeds, nuts, hard  candy,  and 
hot dogs.
  (5) If a parent has agreed to provide the food, then  the  caregiver  shall 
have a written agreement from the parent and  shall  be    responsible    for 
providing adequate food if the parent does not.
  (6) Food brought by parents shall be labeled with the child's   name   and, 
if perishable, shall be refrigerated.
  (7) If home canned foods are served, then parents shall be informed.
  (8) Unpasteurized products shall not be used.
  (9) Children shall be encouraged  to  taste  new  foods,  but   shall   not 
be required to eat anything they do not want.
  (10) Bottles used for feeding shall be labeled  with  the   child's    name 
and date, and refrigerated.
  (11) The contents of a bottle that has been used  for   feeding    for    a 
period that exceeds  1  hour  from  the  beginning  of  the    feeding,    or 
has  been unrefrigerated for 1 hour or more shall be discarded.
  (12) Children shall not have beverage containers while they  are   in   bed 
or while they are  walking  around  or  playing.  The  propping  of   bottles 
is prohibited.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1932  Home maintenance and safety.
  Rule 32. (1) The structure, premises, and furnishings of a    child    care 
home shall be in good repair and  maintained  in   a   clean,    safe,    and 
comfortable condition.
  (2) All dangerous and hazardous  materials  or  items  shall   be    stored 
securely and out of the reach of children.
  (3) All steps, stairs, porches, and elevated structures to  which  children 
in care have access shall be protected to prevent falls and shall be free  of 
ice and snow accumulation.
  (4) Three or more steps, or a total rise of  24  inches  or   more,   shall 
require a handrail.
  (5) Parents shall be notified before pesticide or fertilizer treatments.
  (6) There shall be no  flaking  or  deteriorating  paint  on  interior  and 
exterior surfaces, equipment, and toys accessible to children.
  (7) If the child care home was built prior to 1978,  then   the   caregiver 
shall inform  parents  of  each   child   in   care   and    all    assistant 
caregivers,   in  writing,  prior  to   any   remodeling,    renovating    or 
re-painting  that  could potentially disturb lead-based paint or produce lead 
dust.
  (8) Open-flame devices and candles shall not be used, except for  birthdays 
or religious celebrations.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1933  Water supply; sewage disposal; water temperature.
  Rule 33.  (1) The water supply shall be from an approved source.
  (2) All sewage shall be disposed of through a public  system  or,  in   the 
absence thereof, in a manner approved by the environmental health authority.
  (3) A child care home shall have  a  minimum  of  1  flush  toilet  and   1 
handwashing sink with hot and cold running water.
  (4) Hot water temperature shall not exceed 120 degrees Fahrenheit at  water 
faucets accessible to children.

  History: 2005 AACS.


R 400.1934  Heating; ventilation; lighting.
  Rule 34. (1) Each room that is used  by  children  in  care   shall    have 
adequate ventilation and be maintained at a safe and comfortable  temperature 
so  that children do not become overheated, chilled, or cold. Both   of   the 
following shall apply:
  (a) The temperature shall be not less than 65 degrees Fahrenheit at a point 
2 feet above the floor.
  (b) Measures shall be taken to  cool  the  children  when  the  temperature 
exceeds 82 degrees Fahrenheit.
  (2) Windows and doors that are used for ventilation shall be  screened  and 
in good repair.
  (3) A carbon monoxide detector, bearing a  safety  certification  mark   of 
a recognized testing laboratory such as UL (Underwriters  Laboratories)    or 
ETL (Electrotechnical Laboratory), shall be placed on  all  levels   approved 
for child care.
  (4) The lowest level of the child care home shall have  levels   of   radon 
gases not to exceed 4 picocuries per liter of air.  Documentation   of    the 
results shall be kept on  file  in  the  home.   Those  homes  registered  or 
licensed before the effective date of these rules shall have  6  months  from 
the effective date of these rules to comply.
  (5)  All   child-use   areas   shall   have   adequate    natural    and/or 
artificial lighting.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1935  Firearms.
  Rule 35.  (1) All firearms shall be unloaded  and  properly  stored  in   a 
secure, safe, locked environment inaccessible to children.  A  secure  locked 
environment shall include a commercially available locked  firearms  cabinet, 
gun safe, trigger lock that prevents  discharge,  or  other  locking  firearm 
device.
  (2) Ammunition shall be stored in a separate locked location   inaccessible 
to children.
  (3) Firearms shall not be traded or sold on the premises while child   care 
children are present.

  History: 2005 AACS.


R 400.1936  Animals and pets.
  Rule 36.  (1) Parents shall be notified of the animals  and  pets  in   the 
home.
  (2) Animals and pets that are potentially aggressive  or  in  poor   health 
shall be separated from children in care at all times.
  (3) Children having contact with animals and pets shall be supervised by  a 
caregiving staff person who is close enough to remove a child immediately  if 
the animal shows signs of distress or the child shows signs of  treating  the 
animal inappropriately.
  (4) Animals and pets shall not be allowed in food preparation  and   eating 
areas during meal or snack time.
  (5) Litter boxes, pet food and dishes, and pet toys shall be   inaccessible 
to children.

  History: 2005 AACS.


R 400.1941  Heat-producing equipment.
  Rule 41. (1) All flame-producing and heat-producing  equipment,  including, 
but not limited to the following shall be maintained  in  a  safe   condition 
and shielded to protect against burns:
  (a) A furnace.
  (b) A water heater.
  (c) A fireplace.
  (d) A radiator and pipes.
  (e) Wood burning equipment.
  (2) Combustible materials and equipment shall not be stored within  4  feet 
of furnaces, other  flame  or  heat-producing  equipment,    or    fuel-fired 
water heaters.
  (3) Portable heating devices shall not be used when children are in care.
  (4) Furnaces, other flame or heat-producing equipment used to   heat    the 
home when children are  in  care,  and  fuel-fired  water  heaters  shall  be 
inspected by any of the following entities:
  (a) A licensed heating contractor for a fuel-fired furnace.
  (b) A licensed heating contractor  or  licensed  plumbing  contractor   for 
a fuel-fired water heater.
  (c) A  mechanical  inspector  for  the  local  jurisdiction   or   licensed 
mechanical inspector for a wood stove or other solid fuel appliance.
  (5) For group child care homes, the inspection specified in   subrule   (4) 
of this rule shall be conducted before the initial license issuance and every
 2 years thereafter at the time of license renewal.
  (6) For family child care homes, the inspection specified in  subrule   (4) 
of this rule shall be conducted  before  the  issuance  of  the   certificate 
of registration and every 3 years thereafter at the time of renewal.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1942  Electrical service; maintenance.
  Rule 42. (1) The electrical  service  of  a  child  care  home   shall   be 
maintained in  a   safe   condition.    When   warranted,    an    electrical 
inspection  by  an electrical inspecting authority may be required.
  (2) All electrical  outlets,  including  outlets   on    multiple    outlet 
devices, accessible to children shall have safety covers.
  (3) Electrical cords shall be arranged so they are not hazards to children.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1943  Exit and  escape  requirements  for  each  floor  level  used  by 
children.
  Rule 43. (1) All child care homes shall  have   at   least    2    remotely 
located exits for every floor level occupied by children.
  (2) At least 1 exit from each floor level shall provide  a   direct,   safe 
means of unobstructed travel to the outside at street or ground level.
  (3) A window may be used as a second exit if it  complies  with   all    of 
the following provisions:
  (a) Is accessible to children and caregiving staff.
  (b) Is clearly identified.
  (c) Can be readily opened.
  (d) Is of a size and design to allow for the evacuation of  all    children 
and caregiving staff.
  (4) If a level of a home that is above  the  second  floor  is   used   for 
children in  care,  then  the  building  shall  be  of  1-hour-fire-resistive 
construction and shall have 2 stairways to ground level.  At least 1  of  the 
required stairways and all  other  vertical  openings  shall   be    enclosed 
by,  at   a   minimum,  1-hour-fire-resistive  construction  to   provide   a 
protected  means  of  egress direct to the outside at ground level.
  (5) All exits shall be unobstructed and accessible at all times.
  (6) The means of egress shall be  adequately  lit  at  all    times    that 
children are in care.
  (7) Doors located in a required path of escape must be   readily   openable 
from the side of egress without the use of a  key  or  special   knowledge.
Double cylinder locks, key-operated locks, and  similar  devices   are    not 
allowed  on any door in a required path of escape.
  (8) Interior door hardware shall  be  designed  to  allow   opening    from 
the outside during an emergency if locked.
  (9) All closet door latches shall be such that children  can    open    the 
door from inside the closet.
  (10) A room or space, including an attic, that  is  accessible  only  by  a 
ladder or folding stairway or through a trapdoor  shall  not  be   used    by 
children  in care.
  (11) Only steps and platforms shall be used to access a   basement   window 
exit and shall be permanently secured to the wall or  floor.   Ladders  shall 
not  be used as a means for exiting.
  (12) An emergency escape  window  to  the   outside   is    required    for 
basements approved for child  use  after  January  1,  2006.   The  following 
provisions shall apply:
  (a) The total unobstructed window area for egress must  be  at   least    5 
square feet. Both of the following shall apply:
  (i) The unobstructed opening shall be at least 20 inches wide.
  (ii) The unobstructed opening shall be at least 24 inches high.
  (b) The bottom of the opening shall be 44 inches, or less, above the floor.
  (c) If the sill height is below grade, then it shall open into   a   window 
well with at least 9 square feet of area, 3 feet in length  and  width.   The 
area of the window well shall allow the emergency escape window to be   fully 
opened.
If the well depth is over 44 inches, then it shall have approved  permanently 
affixed steps.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1944  Smoke detectors; fire extinguishers.
  Rule 44.  (1)  Operable  smoke  detectors  approved   by    a    nationally 
recognized testing laboratory shall be installed and  maintained   on    each 
floor  of  the home, including the basement, and in all  sleeping  areas  and 
bedrooms used  by children in care.
  (2) Heat detectors may be utilized in kitchens.
  (3)  A  home  shall  have  at  least  1   functioning   multipurpose   fire 
extinguisher, with a rating of 2A-10BC or larger, properly mounted not higher 
than  5  feet from the floor to the top of the  fire  extinguisher,  on  each
 floor  level approved for child use.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1945  Fire; tornado; serious accident and injury plans.
  Rule 45.  (1) A written plan for the care of children shall be  established 
and posted for each of the following emergencies:
  (a) Fire evacuation.
  (b) Tornado watches and warnings.
  (c) Serious accident or injury.
  (d) Water emergencies, if applicable.
  (2) A caregiver shall inform each assistant caregiver and emergency  person 
of the overall evacuation plan and  of  his  or  her  individual  duties  and 
responsibilities in the event of an emergency specified  in  subrule  (1)  of 
this rule.
  (3) Fire drills shall be practiced at least once a  month  and  a   written 
record that includes the  date  and  time  it  takes  to  evacuate  shall  be 
maintained.
  (4) Tornado drills shall be practiced once a month, April to October,   and 
a written record that includes the date shall be maintained.
  (5) Smoke detectors shall be used as the alarm for fire drills.
  (6) The records required in this rule shall be retained for a minimum of  4 
years.

  History: 2005 AACS.


R 400.1951  Transportation.
  Rule 51. (1) A  vehicle  used  to  transport  children  in  care  shall  be 
maintained in a good, safe working condition.
  (2)  The  caregiver  shall  assure  that  the   driver   of    a    vehicle 
transporting children shall be an adult, have a  valid   driver's    license, 
valid  vehicle registration, and proof of current no fault insurance.
  (3) The  caregiver  shall  notify  the  parents  when  drivers  other  than 
caregiving staff are used to transport children.
  (4) Each child passenger restraint device  and  each  safety   belt   shall 
be  installed,  anchored,  and  used  according   to    the    manufacturer's 
specifications and shall be maintained in a safe working condition.
  (5) The transportation of all children shall be conducted   in   accordance 
with existing state law.
  (6) Each child transported shall remain seated and properly  restrained  by 
the passenger restraint device appropriate for his or her age as  defined  by 
1949 PA 300, MCL 257.710d(1), MCL 257.710e(3), (4), and  the   manufacturer's 
rated seating capacity.
  (7) Drivers shall be provided with a copy of the child  information   card, 
or comparable facsimile, for the children being transported in their vehicles.
  (8) The driver of each vehicle  transporting  children  shall   carry    in 
the vehicle, and be familiar with, the contents of a first aid   kit.     The 
first aid kit, excluding antiseptics and ointments, shall contain,    at    a 
minimum, all of the following:
  (a) Adhesive tape.
  (b) Bandages (assorted sizes).
  (c) Cold pack.
  (d) Disposable gloves
  (e) Gauze pads and roller gauze (assorted sizes).
  (f) Hand sanitizer.
  (g) Plastic bags.
  (h) Scissors and tweezers.
  (i) Triangular bandage.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1952  Parent permission and notification  required;  child  information 
cards when off-premises.
  Rule 52. (1) For the purposes of this  rule,    "routine    transportation" 
means regularly scheduled travel on the same day, at the same  time,  to  the
 same destination.  Any deviation from this schedule requires   new   written 
parent permission.
  (2) The caregiver shall obtain and keep on file  written  permission   from 
a child's parent before each time a child is transported in a vehicle.
  (3) For routine transportation, the  caregiver   shall    obtain    written 
parent permission at least annually.
  (4) The caregiver shall obtain written  permission   at   the    time    of 
initial enrollment of a child to go on  field   trips   not    involving    a 
vehicle  that includes, but is not limited to, walking to a park  or  in  the 
neighborhood.
  (5) The caregiver shall have a copy of each child's information  card   and 
a first aid kit, containing the items listed in R 400.1951  (8),   accessible 
at all times when children leave the premises.

  History: 2005 AACS; 2009 MR 7, Eff. June 3, 2009.


R 400.1961  Parent notification of incidents, accidents, illness, or  disease 
required; isolation; sanitation.
  Rule 61.  (1) Caregiving staff shall  promptly  report  to  a  parent   any 
incidents, accidents, suspected illness, or other  changes  observed  in  the 
health of a child.
  (2) Caregiving staff shall notify a parent of a child who is exposed to   a 
communicable disease so that the child may be observed for  symptoms  of  the 
disease.
  (3) Caregiving staff shall isolate a child who is too ill to remain in  the 
group in an area where the child can be supervised and made as comfortable as 
possible.
  (4) Bedding, toys, utensils,  toilets,  and  lavatories  used  by  an   ill 
individual shall be appropriately cleaned and sanitized before being used  by 
another person.

  History: 2005 AACS.


R 400.1962  Department notification of injury, accident, illness,  death,  or 
fire.
  Rule 62.  (1) The caregiver shall make a verbal report to  the   department 
within 24 hours of a serious injury, accident, illness, or medical  condition 
of a child, occurring while a child is in care, which  results  in  emergency 
medical treatment or hospitalization at a health facility, or  which  results 
in a death.
  (2) The caregiver shall submit a written report, to the department,  in   a 
format provided by the department within 72 hours of the incident.
  (3) The caregiver shall report to the department within 24 hours after  the 
occurrence of a fire in the registered or licensed home which results in  the 
loss of property or personal injury.

  History: 2005 AACS.


R 400.1963  Rule variance.
  Rule 63.  (1) Upon written request  of  an  applicant  or  caregiver,   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 shall be entered upon  the  records   of 
the department and a signed copy shall be sent to the applicant or caregiver.
A variance may remain in effect for as long as  the  caregiver  continues  to 
comply with the conditions of the variance or may be time-limited.

  History: 2005 AACS.