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Licensing Rules for Child Care Centers

R400.8112 Children's records

Rule 112 (1)

At the time of a child’s initial attendance, a center shall obtain a child information card, using a form provided by the department or a comparable substitute, that is completed, signed, and dated by the child’s parent and updated as changes occur. The center shall keep current hard copies of the child information cards at the center.

Rationale

Ensures that centers have contact and medical information for each child.

Technical Assistance

“Initial attendance” means the moment a child is left in the center’s care.

To be in compliance with this subrule, the Child Information Record (CCL-3731 or a comparable substitute) must be accurate and complete. Unless otherwise indicated, ALL requested information must be provided. If the information cannot be given or does not apply, “unknown” or “none” is the required response. A blank field, a line through a field or “N/A” are not acceptable responses. The most recent and up to date form can be found on the Child Care Licensing Website.

Children may be released to a parent/legal guardian or other individual named in the release of child sections on the Child Information Record.

Rule 112 (2)

For children under school-age, at the time of a child’s initial attendance, a center shall document 1 of the following, accessed through the Michigan care improvement registry or in a paper format if the parent or guardian chooses to provide to the center in that manner:
  1. A certificate of immunization showing a minimum of 1 dose of each immunizing agent specified by the department of health and human services.
  2. A medical contraindication form signed by a medical doctor or Doctor of Osteopathic Medicine stating why the child cannot receive immunizations.
  3. A copy of a non-medical waiver on the official form prescribed by the department of health and human services and documented in the Michigan care improvement registry and signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons.
  4. A paper copy of a non-medical waiver on the official form prescribed by the department of health and human services signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons.
For children under school-age, at the time of a child’s initial attendance, a center shall document 1 of the following, accessed through the Michigan care improvement registry or in a paper

Rationale

Routine immunization at the appropriate age is the best means of preventing vaccine-preventable diseases for both the child who is immunized and other children to whom they are exposed. 

Technical Assistance

Any of the following are required to show compliance with 2(a) of this rule:

  • A copy of the child's immunization record.
  • The official immunization record printed from the Michigan Child Care Improvement Registry (MCIR). [This can only be printed by a health care provider or the Michigan Department of Health and Human Services (MDHHS)].

If parents choose not to have immunizations administered, per 2 c and d of this rule, the parent must complete the waiver provided by the local health department. A copy of the waiver must be kept on file at the center.

Best Practice

Information pertaining to required immunizations for Michigan child care/preschool attendance can be obtained from the MDHHS website Immunization Info for Families & Providers or the Michigan Care Improvement Registry website mcir.org – Improving Healthcare in Michigan (School & Child Care).

Rule 112 (3)

When a child under school-aged whose immunizations cannot be completed due to medical reasons, including, but not limited to, a dose waiting period, within 4 months after admittance, a child may remain enrolled for a reasonable length of time that is consistent with good medical practices. The center shall verify additional immunization requirements are current as specified by the department of health and human services unless there is a signed medical exemption filed certifying that the child is in the process of complying with all immunization requirements. The medical exemption must be on file with the center until it can be replaced with proof that the vaccines for which an exemption was granted have been received or the medical exemption has expired.

Rationale

Routine immunization at the appropriate age is the best means of preventing vaccine-preventable diseases for both the child who is immunized and other children to whom they are exposed. 

Technical Assistance

Any of the following are required to show compliance with subrule (a) of this rule:

  • A copy of the child's immunization record.
  • The official immunization record printed from MCIR. (This can only be printed by a health care provider or MDHHS).

Best Practice

Information about required immunizations for Michigan child care/preschool attendance can be found on the MDHHS website, Immunization Program or the MCIR website MICR (School & Child Care).

Rule 112 (4)

A center shall report to the department of health and human services, by October 1 of each year and using the method established by the department of health and human services, immunizations for all children enrolled, pursuant to section 9211(2) of the public health code, 1978 PA 368, MCL 333.9211.
Technical Assistance
Contact your county public health department or the MDHHS, Division of Immunization at (517) 335-8159 for help.

Rule 112 (5)

A record of a physical evaluation performed within the preceding 13 months after initial attendance for infants, toddlers, and preschoolers must be retained on file and made accessible in the center within 30 days after a child’s initial attendance. The evaluation must note any restrictions and be signed by a physician or the physician’s designee. An electronic record from a physician’s office is accepted.

Rationale

The purpose of the health evaluation is to give information about a child's health history, special needs and current health status to allow the center to provide a safe setting and healthful experience for each child. The reports of such evaluations provide a conduit for communication of information that helps the health professional and the center determine appropriate services for the child. 

Technical Assistance

“Initial attendance” means the moment a child is left in the center’s care.

Physical evaluations are acceptable from the following:

  • A Doctor of Medicine (MD).
  • A Doctor of Osteopathic Medicine (DO).
  • A designee who is supervised by a licensed physician, such as a physician assistant, nurse practitioner, or nurse.

An electronic record from a physician’s office does not require a physician signature. It must include any restrictions.

An electronic record from a physician’s office does not require a physician signature. It must include any restrictions.

Best Practice

The Health Appraisal (MDHHS-3305) form is recommended to be used to document a child’s physical evaluation. The MDHHS-3305 is available on the department’s website at Child Care Licensing Forms.

Rule 112 (6)

Physical evaluations must be updated every 13 months for infants and toddlers, and every 2 years for preschoolers.

Rule 112 (7)

For a school-age child, on enrollment and annually thereafter, a center shall obtain and keep on file at the center a signed statement from the parent confirming all of the following:
  1. The child is in good health with activity restrictions noted.
  2. The child’s immunizations are up to date.
  3. The immunization record or appropriate waiver is maintained on file either in the Michigan care improvement registry or in paper format provided by the parent at the center. For a school-age child not enrolled in a public or private school, a licensed health care provider’s statement indicating the child is in the process of getting immunizations must be on file at the center.

Rationale

Ensures the center is aware of any health concerns or restrictions on a child's physical activities. 

Technical Assistance
An electronic signature from a child’s parent is allowed.

Best Practice

Centers are encouraged to develop a form to meet the requirements of this rule that can easily be completed by parents. Refer to subrule (3) of this rule for more information on immunizations.

Rule 112 (8)

A center shall ensure that, if a parent objects to a physical examination or medical treatment on religious grounds, the parent provides a signed statement annually that the child is in good health and that the parent assumes responsibility for the child’s state of health while at the center.

Rationale

Respects a parent's religious beliefs. 

Technical Assistance

The parent's statement must include the following:

  • That does not agree to have a physical exam or medical treatment on religious grounds.
  • That the parent assumes responsibility for the child’s health while at the center.
  • Any health problems that might affect a child's participation, such as allergies, asthma or developmental issues.
  • An electronic signature from a child’s parent is allowed.

Rule 112 (9)

A center that enrolls a homeless child pursuant to section 722 of the McKinney-Vento homeless assistance act, 42 USC 11432, shall not be cited for noncompliance when a homeless child is unable to produce health and immunization records. The licensee shall keep on file at the center any documentation of referring a child to the local educational agency liaison for homeless children and youths.

Best Practice

Information about the Every Child Succeeds Act (ESSA) can be found at US Department of Education Every Student Succeeds Act (ESSA)

For Practical Application of the McKinney-Vento Act: National Center for Homeless Education

Rule 112 (10)

A center shall keep on file at the center an accurate record of daily attendance at the center that includes each child’s first and last name and each child’s arrival and departure time.

Rationale

Ensures that the facility knows which children are in care at any given time. It assists in maintaining child-staff ratios and provides data for program planning. Attendance records may be necessary in conducting complaint investigations and other inspections. 

Technical Assistance

To keep attendance, a center may have either staff or parents, or both, enter arrival and departure times. It is up to the center to make sure attendance is accurate and arrival and departure times are documented, even if parents sign children in and out. Centers can keep attendance records electronically.

Centers must demonstrate all of the following:

  • The electronic attendance records are reliable.
  • How attendance records would be maintained if the system was down.

How attendance records would be accessed if the system was down or in an emergency. If electronic attendance records are not available during an on-site inspection, the center is in violation of this rule.

Best Practice

All providers that receive Child Development and Care (CDC) payments should refer to the CDC website for guidance on attendance requirements.

All centers participating in the Child and Adult Care Food Program should refer to the following websites for guidance on attendance requirements:

Rule 112 (11)

A child shall only be released to individuals authorized by the child’s parent or guardian.

Rule 112 (12)

A child shall be released to either parent or the child’s guardian unless a court order prohibits release to a particular parent. A copy of the order prohibiting release must be maintained on file at the center.
Technical Assistance
Both parents have a right to pick up the child whether or not they are listed on the Child Information Record (CCL-3731 or a comparable substitute) unless a court order is on file prohibiting release to a particular parent.

Rule 112 (13)

A parent’s written permission for routine transportation must be obtained annually and maintained on file at the center.

Rationale

Ensures that parents give permission for their children to be transported. 

Technical Assistance

The routine transportation permission form should include all of the following:

  • Child’s name.
  • Date parent gave the permission. Parents must re-sign the permission form annually.
  • When the routine transportation will occur.
  • Transportation destination.
  • Parent’s signature. An electronic signature from a child’s parent is acceptable.

Rule 112 (14)

A parent’s written permission for the child’s participation in field trips must be obtained at the time of enrollment or before each field trip and maintained on file at the center.

Rationale

Ensures that parents give permission for their children to be transported. 

Best Practice

A non-routine transportation permission form should include all of the following:

  • Child’s name.
  • Date parent gave the permission.
  • When the non-routine transportation will occur.
  • Transportation destination.
  • Parent’s signature. An electronic signature from a child’s parent is acceptable.

Rule 112 (15)

Parents shall be notified before each field trip.

Best Practice

A verbal, written and or electronic reminder should be provided to parents the day of the field trip.

Rule 112 (16)

For outdoor nature-based child care centers, a signed waiver by the parent that acknowledges and accepts the potential hazards and risks associated with the center must be maintained on file at the center.
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