Mich. Admin. Code R. 400.1903 - Licensee responsibilities
Rule 3.
(1) A
licensee shall be responsible for all of the following:
(a) When the child care home is in operation,
the licensee shall be present in the home on a daily basis and provide direct
care and supervision for the majority of time children are in care, except for
any of the following circumstances:
(i)
Vacation or personal leave, which must not exceed 20 days within a calendar
year. The 20 days of vacation or personal leave means the licensee is absent
the entire day or at least 51% of the day when the child care home is
operating. A licensee may have a short periodic absence from the
home.
(ii) Medical treatment and
subsequent recovery.
(b)
The exceptions in subrule (1)(a) of this rule do not include other part-time or
full-time employment that occurs during the hours of operation of the child
care home.
(c) Provide for a child
care staff member, who has valid CPR and first aid certifications, to act on
behalf of the licensee when the licensee is unable or unavailable to provide
direct care.
(d) Inform parents
when a child care staff member is providing care in the absence of the
licensee.
(e) Maintain a record of
the dates of licensee absences. These records must be maintained for a minimum
of 4 years.
(f) Post the current
license in a conspicuous place within the child care home during the hours of
operation.
(g) Report to the
department within, 3 business days, any changes in the household composition or
when any new or existing member of the household or child care personnel has
any of the following:
(i) An
arrest.
(ii) A
conviction.
(iii) An arraignment
for an offense that if convicted would lead to that individuals ineligibility
to be connected with a child care home.
(iv) Is being investigated by the state
department of health and human services for an allegation of child abuse or
neglect.
(v) Is under court
supervised parole or probation.
(vi) Has been admitted to, or released from,
a correctional facility.
(vii) Has
been admitted to or released from a health facility or agency that was
providing mental health or substance use disorder treatment services to the
individual.
(h) The
report required in subdivision (g) of this subrule shall be made using the
departments form named Notification of Changes in Status Family and Group Child
Care Homes, which is labeled BCAL-1485.
(i) Notify personnel of their duty to report
to the licensee any actions listed in this rule.
(j) For any member of the household or
personnel who has been treated on an inpatient or outpatient basis for an
emotional, mental, or substance use disorder during the last 2 years, the
licensee shall provide to the department a written statement verifying the
individuals fitness to care for or be associated with children. This statement
must be obtained from the medical or mental health professional who is directly
involved in the individuals treatment plan or the administrator of the health
facility or agency that provided services to the individual.
(k) Immediately report to children's
protective services any suspected child abuse or neglect and ensure compliance
with the child protection law, 1975 PA 238, MCL 722.621 to 722.638.
(l) Have a written policy and procedure for
the screening and supervision of volunteers, if applicable, including
volunteers who are parents of a child in care.
(2) The licensee shall ensure that a child is
released only to persons authorized in writing by the parent.
(3) The licensee shall permit parents of
enrolled children who are in attendance to visit the child at the child care
home at any time during hours of operation, as required in section 3a of the
act, MCL 722.113a.
(4) The licensee
shall cooperate with the department in connection with an inspection or
investigation, as required in section 10(1) of the act, MCL 722.120(1).
Cooperation includes, but is not limited to, all of the following:
(a) Admit authorized members of the
department into the approved child caring areas of the child care home and
provide access to all records, individuals, and other materials necessary to
determine compliance with the act and these rules.
(b) Allow the department to perform routine
investigative functions during the course of an investigation, inspection, or
examination. Routine investigative functions include, but are not limited to,
both of the following:
(i) Interviewing
potential witnesses, such as child care staff members, members of the
household, and volunteers.
(ii)
Taking photographs to assess and document the conditions of the child care home
and its compliance with the act and these rules.
(c) Provide accurate and truthful information
to the department, and encourage witnesses to provide accurate and truthful
information to the department.
(5) The licensee shall ensure that all
personnel, members of the household, and conduct themselves in a manner that is
conducive to the welfare of children.
(6) The licensee shall have present at all
times at least 1 person who can accurately comprehend all of the following
information:
(a) The act, these rules, and
any additional communications from the department.
(b) Child information cards.
(c) Written directions about a child's
care.
(d) Information about food,
cleaning, and chemical labels that can impact a child's well-being.
(e) Written medication directions for a
child.
(f) Information needed to
effectively implement emergency procedures.
(7) The licensee shall cooperate with the
department by ensuring that all individuals requiring a comprehensive
background check are entered into the child care background check system and
processed for eligibility as required by sections 5n and 5q of the act, MCL
722.115n, 722.115q, and R 400.1925.
(8) To comply with section 3c of the act, MCL
722.113c, a licensee shall have a policy and procedure on smoking and vaping
that includes all of the following:
(a)
Ensure that smoking and vaping do not occur in child-use space, on the premises
of a child care home while children are in care, and in a vehicle when used to
transport children who are in care.
(b) Conspicuously post on the premises a
notice stating that smoking and vaping are prohibited on the premises during
child care hours.
(c) Notify
parents if smoking or vaping occurs in the child care home and on the premises
when children are not in care.
(9) Provide identifying information to the
department on both of the following individuals who are associated with the
child care license:
(a) Licensee.
(b) Adult household member.
(10) The information required in
subrule (9) of this rule shall be provided to the department on the departments
form named Child Care Licensing Information Request, which is labeled BCHS
CC-001.
Notes
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