Current through Vol. 24-21, December 1, 2024
Section R. 400.8101 - Definitions; A through IRule 101. As used in these rules:
(a) "Accredited college or university" means a college or university that has been 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 a person 18 years of age or older.(d) "Ages" means all of the following: (i) "Infant" - birth until 1 year of age.(ii) "Toddler" - 1 year of age until 30 months of age.(iii) "Preschooler" - 30 months of age until eligible to attend a grade of kindergarten or higher.(iv) "School-ager" - a child who is eligible to attend a grade of kindergarten or higher, but less than 13 years of age. A child is considered a school-ager on the first day of the school year in which he or she is eligible.(e) "Applicant" means an individual who applies for a license to operate a child care center.(f) "CEU" means a continuing education unit awarded by an accredited college or university sponsor of continuing education units or equivalent awarded by the state board of education.(g) "Child care aide" means an individual who is 17 years of age, who provides services and participates in child care activities in a child care center, who shall not have unsupervised access or provide unsupervised care or supervision of children, and who has satisfactorily completed at least 1 year of a vocational-occupational child care aide training program approved by the department.(h) "Child care administration" means educational courses in child care administration, education administration, or business administration.(i) "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.(j) "Child care center" means that term as defined in section 1(h) of the act, MCL 722.111.(k) "Child care staff member" means that term as defined in section 1(a) of the act, MCL 722.111.(l) "Child development associate credential" or "CDA" means a credential awarded by the Council for Professional Recognition or a similar credential approved by the department.(m) "Child-related field" means 1 of the following:(i) For an early childhood education program director and lead caregiver, academic courses in elementary education, child guidance, child counseling, child psychology, family studies, social work, or special education.(ii) For a school-age program director, academic courses in early childhood education, elementary education, secondary education, special education, physical education and recreation, child development, child guidance, child counseling, child psychology, family studies, social work, human services, or youth development.(n) "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:(ii) Hand, foot and mouth disease.(vi) Pertussis, which is also referred to as whooping cough.(o) "Comprehensive background check" means a department review of an individual as required in sections 5n and 5q of the act, MCL 722.115n and 722.115q.(p) "Conducive to the welfare of children" means that term as defined in section 5m(13)(b) of the act, MCL 722.115m(13)(b).(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 Michigan as referenced in section 5n(15) and (16) of the act, MCL 722.115n(15) and (16).(r) "Conviction" means that term as defined in section 1(i) of the act, MCL 722.111.(s) "Criminal history check" means that term as defined in section 1(j) of the act, MCL 722.111.(t) "Degrees and semester hours" means only those degrees and hours from an accredited college or university.(u) "Department" means the department of licensing and regulatory affairs.(v) "Developmentally appropriate" means age appropriate as well as appropriate to the individual child.(w) "Early childhood program director" means the program director of a center serving children of all ages.(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) "Eligible" means that that term as defined in section 1(m) of the act, MCL 722.111.(z) "Field trip" means children and personnel 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, assorted sizes, a roll of gauze, adhesive bandages, 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. Two or more groups may be combined for collective activities as long as appropriate child-to-staff ratios are maintained in the room or area.(cc) "Hours of experience" means experience serving the ages and developmental abilities of children for which the center is licensed.(dd) "Immediately available" means a parent or guardian remains onsite at the address of the child care center.(ee) "Ineligible" means that term as defined in section 1(n) of the act, MCL 722.111. Mich. Admin. Code R. 400.8101
An obvious error in R 400.8101 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the correction was published in Michigan Register, 2020 MR 2.