R400.8110 Applicant; licensee; licensee designee; requirements

Rule 110 (1)

The licensee or licensee designee shall do all of the following:

1. Act in a manner that is conducive to the welfare of children.
2. Comply with sections, 5n and 5q of the act, MCL 722.115n and 722.115q, which requires obtaining a comprehensive background check.
3. Be responsible for compliance with the act, and these rules.
4. 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.

Rationale

Ensures:

• The safety and welfare of children.
• That the licensee exhibits responsible behavior and have the ability to respond appropriately to children's needs.

Note: if a person is found ineligible, he/she cannot be connected to the center per Rule 400.8201(4).

To be in compliance with (1)(c)

The department must begin steps to revoke a license or must refuse to renew the license if a central registry clearance reveals that an active licensee is listed on central registry or if a criminal history clearance shows a conviction for the exclusionary offenses. A list of exclusionary offences can be found below and at CCBC/Forms and Resources.

To be in compliance with (1)(d) Reporting an Arraignment of Licensee

Arraignment is when an individual is formally charged and appears in a court of law and enters a plea. A person who fails to report as required is guilty of a felony or a misdemeanor, depending on the offense.

The following offenses that must be reported to the department or center within three days of being arraigned:

Felony consisting of 1 or more of the following or any other state or federal equivalent for the following:

• Murder or Homicide.
• Child Abuse or Child Neglect.
• A crime against a minor child including, but no limited to, child pornography.
• Spousal abuse or domestic violence.
• A crime involving rape or sexual assault.
• Kidnapping.
• Arson.
• Physical assault or battery.
• Human Trafficking or Involuntary Servitude.

Violent Misdemeanor against a child, including, but not limited to, 1 or more of the following crimes:

• Child Abuse.
• Child Endangerment.
• Sexual Assault.
• Misdemeanor Child Pornography.

Felonies or an Attempt or Conspiracy to Commit 1 or more of the following:

• Felony harm or threatened harm to an individual.
• Felony involving the use of a firearm or dangerous weapon.
• Felony involving cruelty or torture of any person.
• Felony involving a substantial misrepresentation of any material fact, bribery, fraud, larceny, embezzlement, theft, home invasion, breaking and entering, receiving and concealing stolen property or a crime of similar statute.
• Felony involving operating a motor vehicle while intoxicated or impaired causing serious injury or death.
• Felony involving the use of a computer or the internet to commit a crime.
• Felony involving the cruelty to animals, including, but not limited to, fighting, killing, torturing, and abandoning.
• Felony involving aggravated stalking, aggravated indecent exposure by a sexually delinquent person, pandering, transporting an individual for prostitution, and keeping, maintaining or operating a house of ill fame.
• Felony as a Habitual Offender.
• Felony Drug Offense, or an Attempt or Conspiracy to Commit a Felony Drug Offense.

Misdemeanors, an Attempt or Conspiracy to Commit any of those Misdemeanors, or any other state or federal equivalent:

• Operating under the presence of a controlled substance.
• Use or possession of a controlled substance.
• Selling or furnishing a controlled substance to a minor.
• Using computers to commit a crime.
• Substantial misrepresentation of a material fact.
• Embezzlement.
• Breaking and Entering.
• Any other fraudulent crime except Retail Fraud 3rd Degree, Petty Theft, or Shoplifting.
• Stalking.
• Assault.
• Spousal Abuse.
• Domestic Violence.
• Weapons Offense.
• Harboring Runaways.
• Aiding and Abetting.
• Arson.

It is up to the licensee to make sure all employees know they are required to report an arraignment for the above-listed crimes to the center.

Best Practice

The Employee Notification to Child Care Center of Arraignment (BCAL-1486) may be used by center staff to notify the center of an arraignment. The form can be found at Child Care Forms.

Rule 110 (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.

Rationale

Ensures the safety and welfare of children. 

Rule 110 (3)

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

1. 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.
2. A copy of these rules must be made available to parents.
3. A notice stating that the center requires a comprehensive background check on its employees and unsupervised volunteers.

Rationale

Informs the parents of the following:

• The capacity, terms and status of the license.
• The rules and regulations the center is required to meet.
• The rules the center is complying with in an alternative manner.

A copy of the business license is available for download in CCHIRP to print. The extension letter notifies the licensee that the license has been extended beyond the expiration date.

Rule 110 (4)

There must be a current licensing notebook on the premises that includes all licensing inspection and 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 at all times 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.

Rationale

Effective May 27, 2010, the Child Care Organizations Act (1973 PA 116) requires providers to maintain a licensing notebook. The notebook is a resource accessible onsite to parents to review all inspections and investigations. 

Best Practice

The Licensing Notebook Summary Sheet (BCAL-5052) may be used as the required summary sheet in the licensing notebook. The BCAL-5052 is available on the licensing website at Child Care Forms.

Rule 110 (5)

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

Rationale

Ensures that appropriate care and supervision is provided to all children and ensures the safety and welfare of all children. 

Rule 110 (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.

Rationale

To aid in verification of compliance with center regulations.