Mich. Admin. Code R. 400.1901

Current through Vol. 24-21, December 1, 2024

Section R. 400.1901 - Definitions

Rule 1.

(1) As used in these rules:

(a) "Act" means 1973 PA 116, MCL 722.111 to 722.128.

(b) "Adult" means a person 18 years of age and older.

(c) "Applicant" means an individual who applies for a license to operate a family or group child care home.

(d) "Basement" means a story of a building or structure having 1/2 or more of its clear height below average grade for at least 50% of the perimeter.

(e) "Child care assistant" means an individual who is 14 to 17 years of age, who participates in child care activities in a family or group child care home, and who shall not have unsupervised access to or provide unsupervised care or supervision of children.

(f) "Child care background check system" means the database maintained by the department to document comprehensive background checks and eligibility determinations, pursuant to section 5n of the act, MCL 722.115n.

(g) "Child care home" means a family child care home and a group child care home.

(h) "Child care staff member" means that term as defined in section 1(a) of the act, MCL 722.111(a).

(i) "Child passenger restraint device" means a device that is used to restrain, seat, or position a child weighing 65 pounds or less that meets the requirements of federal motor vehicle safety standard No. 213, child restraint systems, 49 CFR 571.213 (2019), 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) "Cleaned" means washed vigorously with soap and water and rinsed with clean water.

(l) "Combustible" means materials that will ignite and burn when subjected to a fire or excessive heat.

(m) "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.

(n) "Conducive to the welfare of children" means that term as defined in section 5m(13)(b) of the act, MCL 722.115m(13)(b).

(o) "Continuously employed child care staff member" and "continuously connected adult household member" means an individual who has not been disconnected for more than 180 days from the child care background check system and has continuously resided in Michigan for the immediately preceding 5-year period, as required in sections 5n(15) and 5n(16) of the act, MCL 722.115n(15) and 722.115n(16).

(p) "Conviction" means that term as defined in section 1(i) of the act, MCL 722.111(i).

(q) "Criminal history check" means that term as defined in section 1(j) of the act, MCL 722.111(j).

(r) "Department" means the department of licensing and regulatory affairs.

(s) "Eligible" means that term as defined in section 1(m) of the act, MCL 722.111(m).

(t) "Family child care home" means that term as defined in section 1(o)(iii) of the act, MCL 722.111(o)(iii).

(u) "Field trip" means children and personnel leaving the child care home premises for an excursion, trip, or program activity.

(v) "Fire alarm" means a device that is used to alert all persons in the home of fire conditions. The device must be heard in all parts of the home that are approved for use by children.

(w) "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.

(x) "Group child care home" means that term as defined in section 1(o)(iv) of the act, MCL 722.111(o)(iv).

(y) "Heat detector" means a single or multiple station alarm responsive to heat.

(z) "Ineligible" means that term as defined in section 1(n) of the act, MCL 722.111(n).

(aa) "Licensee" means that term as defined in section 1(q) of the act, MCL 722.111(q).

(bb) "Means of egress" means the exit route from any point in the home to the outside at ground level.

(cc) "Member of the household" means that term as defined in section 1(s) of the act, MCL 722.111(s).

(dd) "Minor" means a person less than 18 years of age.

(ee) "MiRegistry" is the electronic data system for child care providers to verify and track employment, training, and educational accomplishments, which is maintained by the department of education. MiRegistry offers a statewide calendar of online and classroom training opportunities. MiRegistry can be accessed online at http://www.miregistry.org.

(ff) "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.

(gg) "Nighttime care" means child care provided between midnight to 5:00 a.m.

(hh) "Parent" means a child's natural or adoptive parent who is legally responsible for the child or the child's legal guardian.

(ii) "Permanently resides" means the address is the individuals primary residence and his or her presence in the home is not contingent upon caring for children.

(jj) "Personnel" means a licensee, child care staff member, and child care assistant.

(kk) "Premises" means the location of the child care home where the licensee and family reside and includes the attached yard, garage, basement, non-child use space, and any other outbuildings.

(ll) "Related" means that term as defined in section 1(y) of the act, MCL 722.111(y).

(mm) "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.

(nn) "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.

(oo) "Sanitized" means to wipe or spray the surface with a sanitizing solution, let the surface air dry or wipe dry after two minutes, or according to the manufacturers directions, with a single service towel.

(pp) "Serious injury" means that term as defined in section 2b of 1973 PA 116, MCL 722.112b.

(qq) "Smoke detector" means a device that detects visible or invisible particles of combustion.

(rr) "Supervised volunteer" means an individual who is 16 years of age or older, provides services for a child care home that are not compensated, and who is supervised at all times when children are in care.

(ss) "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.

(tt) "Unsupervised volunteer" means an individual who is 18 years of age or older, provides services for a child care home that are not compensated, and who has been determined eligible by the department to be unsupervised with children.

(uu) "Vehicle" means an automobile, truck, or van that transports persons upon a highway.

(vv) "Water activities" mean activities in residential pools, lakes, ponds, or other bodies of water. Water activities do not include water play activities such as water table play, slip and slide activities, wading pools, or playing in sprinklers.

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

Mich. Admin. Code R. 400.1901

An obvious error in R 400.1901 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2019 MR 23. The memorandum requesting the correction was published in Michigan Register, 2020 MR 1.