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R400.8107 Applicant qualifications; license application fees

Licensing Rules for Child Care Centers

R400.8107 Applicant qualifications; license application fees

Rule 107 (1)

An applicant shall meet all of the following qualifications:
  1. Be suitable to meet the needs of children.
  2. Be able to ensure that the proposed services and facilities are conducive to the welfare of children.
  3. Act in a manner that is conducive to the welfare of children.
  4. Demonstrate a willingness and ability to comply with the act and these rules.

Rationale

Ensures:

  • The safety and welfare of children.
  • That the applicant exhibits responsible behavior and has the ability to respond appropriately to children's needs.
Technical Assistance

"Conducive to the welfare of the children" means:

The disposition, temperament, condition, and action of the applicant, licensee, licensee designee, program director, child care staff member, and member of the household promotes the safety and well-being of the children served.

The applicant will complete a comprehensive background check through the department at Child Care Background Check (CCBC). CCBC website

Suitable means the applicant:

  • Is truthful to the department and the public.
  • Does not have a criminal history that could affect the safety and welfare of children in care.
  • Is able to use good judgment.
  • knows about the developmental needs of different aged children.
  • Can act in a way to meet rule requirements.
  • Is not on central registry as a perpetrator of child abuse or neglect.

To assess an applicant’s conduciveness and suitability:

  • The applicant will print, complete, and have on file at the facility the Consent and Disclosure form.
  • The applicant will then request fingerprinting.
  • The applicant will schedule a fingerprint appointment online through the applicant’s online childcare background check account.

Note: The comprehensive background check and consent and disclosure forms are required for all School district and ISD/ESD employees who will give unsupervised care or supervision of children and volunteers who have unsupervised access to children.

Results of the Comprehensive Background Check

The department must not issue an original license if the comprehensive background check deems the applicant ineligible.

Note: If the applicant has his/her name expunged (removed) from the central registry, he/she may be issued a license after an eligibility determination has been made. The person on the central registry can request an expungement at the Department of Health and Human Services office that placed the person on central registry.

Rule 107 (2)—(4)

  • An applicant for a license to operate a child care center shall complete, sign, and submit the department’s child care application, along with the applicable fee listed under section 5m of the act, MCL 722.115m, in the manner prescribed by the department.
  • If the applicant elects a licensee designee, then the applicant shall also complete, sign, and submit the department’s child care licensee designee form in the manner prescribed by the department.
  • Before issuance of the original license, and before the renewal of a license, an applicant or licensee shall comply with all applicable laws and rules.
Technical Assistance
  • To apply, visit the child care licensing’s website for the application process.
  • The licensee designee form (BCAL-5003) can be found at Child Care Forms.

Rule 107 (5) & (6)

  • Before issuance of the original license, and before the renewal of a license, an applicant or licensee shall submit the certificate of occupancy.
  • If the school-age center is established and operated by an intermediate school board, the board of a local school district, by the board or governing body of a state-approved nonpublic school, or by a person or entity with whom a school contracts for services and is located in a school building that is approved by the state fire marshal or other similar authority for school purposes, an applicant or licensee is not required to submit a certificate of occupancy at original licensure or before the renewal of a license.

Rationale

Ensures the safety and welfare of children. 

Technical Assistance

A certificate of occupancy is a legal document that proves a property is safe and meets code and usage requirements provided by a legal authority. The certificate of occupancy is issued by the local government and ensures the facility:

  • Complies with building codes
  • Is suitable for occupancy
  • Meets all structural codes

If, after a good-faith effort to locate it, a center cannot secure a certificate of occupancy, the licensee will need to discuss the possibility of a variance to this rule with their licensing consultant.

Rule 107 (7)

Outdoor nature-based child care centers are exempt from subrule (5) of this rule, but the applicant or licensee shall provide both of the following before issuance of the original license, and before the renewal of a license:
  1. A location map including the location of the emergency shelter.
  2. Outdoor benefit-risk assessment.

Location Map Including the Location of the Emergency Shelter

Outdoor nature-based (ONB) programs must create and submit a detailed map of their program area, including the location of the emergency shelter. This map should clearly show all required locations, including:

  • restrooms,
  • gross motor play areas,
  • designated program boundaries, pathways, and
  • emergency shelter locations for licensing purposes.

Relevant officials such as local police, fire department and first responders should also have access to this map to ensure they can locate the program as needed.

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