Licensing Rules for Child Care Centers
1. The actual number and ages of children in care at any time must never exceed the number and ages of children for which the center is licensed.
Ensures that appropriate care and supervision is provided to all children and ensures the safety and welfare of all children.
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| Overlapping children's schedules, which puts the number of children above the licensed capacity, is not permitted at any time. |
Be careful when enrolling children so there are no overlaps that exceed the license capacity.
Children Age 13 and Older
Programs serving children age 13 and older are not required to be licensed under the Child Care Organizations Act (1973 PA 116) because “center” is defined as a facility receiving 1 or more children under 13 years of age for care. However, some programs may choose to serve children age 13 and older if the program is licensed for school-age children and serves both children age 12 and younger and children age 13 and older:
2. Not less than 2 adults, 1 of whom is a child care staff member, shall be present at all times when not less than 3 children between the ages of birth and 3 years of age are present. A second child care staff member is required when needed to comply with subrule (4) of this rule.
Ensures that a child care staff member is not alone in the center with a group of three or more children that includes infants or toddlers and that a second individual is present to assist the child care staff members in the case of an emergency.
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This rule is about times when there are few children at the center and only one child care staff member is required (per subrule (3) of this rule) – most likely at opening and closing times. The second adult must be available to the child care staff member at the center or on a field trip in case assistance is needed. This second adult does not need to be a child care staff member until it is necessary per ratio requirements. Example 1: There are two children, ages 6 months and 2 years, present with one child care staff member. A third child arrives, aged 1 year. When this third child arrives, a second adult is required. When two more infants arrive, another child care staff member is required to meet the 1:4 child care staff member-to-child ratio for this age group. Example 2: There are four children present, three 4-year-olds and a 2-year-old. Only one child care staff member is required; the second adult is not needed. Example 3: There are eight toddlers in attendance in the center and there are two child care staff members. Four toddlers and one child care staff member go outside to the center’s playground and four toddlers stay inside with one child care staff member. This meets the ratio requirements. The center does not have to provide a second adult inside or a second adult outside under these circumstances. However, if four toddlers leave the center to go to the park, on a field trip or other activity away from the center, a second adult would have to go with them and a second adult would be needed at the center. When age groups of children are mixed, the center must meet the ratio requirement for the youngest child in the group. See definition of adult to ensure compliance with this rule. |
3. Not less than 2 adults, 1 of whom is a child care staff member, shall be present at all times when 7 or more children over 3 years of age are present. A second child care staff member is required when needed to comply with subrule (4) of this rule.
Ensures that a child care staff member is not alone in the center, with seven or more children, and that a second individual is present to assist the child care staff member in the case of an emergency.
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This rule is for times when fewer children are at the center and only one child care staff member is required (per subrule (3) of this rule), such as during opening and closing times. It is meant to ensure there is enough staff in case of an emergency. The second adult must be available to the child care staff member at the center or on a field trip in case they need help. This second adult does not need to be a child care staff member until an additional child care staff member is necessary to meet ratio requirements. Example 1: There are 20 children, 3 to 4 years of age, in the center with two child care staff members. Ten children and one child care staff member go outside to the center’s playground and ten children stay inside with one child care staff member. This meets the ratio requirements. The center does not have to provide a second adult inside or a second adult outside under these circumstances. Compliance is cited. Should 10 children leave the center to go to the park, on a field trip or other activity away from the center, a second adult would have to go with them and a second adult would need to be at the center. Example 2: There are six children, ages 3 and older, present with one child care staff member. When the seventh child arrives, a second adult is required. When the eleventh child in this age group arrives, another child care staff member is required to meet the 1:10 child care staff member-to-child ratio for this mixed age group. Example 3: There are six children, ages 4 and older, present with one child care staff member. When the seventh child arrives, a second adult is required. When the thirteenth child in this age group arrives, another child care staff member is required to meet the 1:12 child care staff member-to-child ratio for this mixed age group. Note: When age groups of children are mixed, the center must meet the ratio requirement for the youngest child in the group. |
4. In each room or well-defined space, the maximum group size and ratio of child care staff members to children, including children related to a staff member or the licensee, must be as shown in Table 1.
| Letter | Age | Child Care Staff Member to Child Ratio | Maximum Group Size |
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| a. | Infants and toddlers; birth until 30 months of age | 1 to 4 | 12 |
| b. | Preschoolers; 30 months of age until 3 years of age | 1 to 8 | 24 |
| c. | Preschoolers; 3 years of age until 4 years of age | 1 to 10 | 30 |
| d. | Preschoolers; 4 years of age until school-age | 1 to 12 | 40 |
| e. | School-agers | 1 to 18 | 54 |
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| Child care staff member to child ratio must be maintained at all times and children must not be left completely alone. |
5. Children who have reached 33 months of age may, when developmentally appropriate, be enrolled in a 3-year-old classroom with written parental permission. The ratio listed in subrule (4)(c) of this rule applies.
6. Children who have reached 45 months of age may, when developmentally appropriate, be enrolled in a 4-year-old classroom with written parental permission. The ratio listed in subrule (4)(d) of this rule applies.
7. Children who have reached 57 months of age but who are not considered a school-aged child may, when developmentally appropriate, be enrolled in a school-age classroom with written parental permission. The ratio listed in subrule (4)(e) of this rule applies.
8. If there are children of mixed ages in the same room or well-defined space, the ratio and group size is determined by the age of the youngest child, unless each group of children is clearly separated and the appropriate child care staff member-to-child ratios and group sizes, if applicable, for each age group are maintained.
Infant development and caregiving quality improves when group size is smaller. A group provides the psychological base with which the child identifies and from which the child gains continual guidance and support in various activities.
Group size refers to the total size of the group in which a child spends the day, with one or several child care staff members. Children in smaller groups benefit from social interactions with peers. Larger groups are generally associated with less responsive care; more restrictive child care staff members; and less cooperative, more aggressive children who talk less, cry more, and are more engaged in aimless wandering. Larger groups are also associated with higher rates of infectious illness.
Low child care staff member-to-child ratios are important for all children but are most critical for infants and toddlers. Infant development and caregiving quality improve when child care staff member/child ratios are smaller. It also allows for more frequent one to one interaction, intimate knowledge of individual children and consistent caregiving. Improved verbal interactions are correlated with lower ratios.
Child care staff member-to-child ratios ensure that appropriate care and supervision is provided to all children. Although child care staff member-to-child ratios alone do not predict the quality of care, direct warm social interaction between adults and children is more common and more likely with lower child care staff members-to-child ratios.
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"Well-defined space," as stated in the definitions, means space designed and used exclusively for a specific group of children. “Well-defined space” must meet the square footage requirements for the number and age of children in the group, except as outlined in rule 400.8121 (2)(f) Group Size Group size does not affect the capacity for which a center is licensed. Example: An infant/toddler room is licensed for 16. The center does not have to limit the classroom to 12 children to meet the group size requirement of 12. Two groups of 8 children, or other combinations that do not exceed the group size, ratio, or licensed capacity and are each in a well-defined space will meet the intent of the rule and still allow the center to continue to care for 16 infants/toddlers. Note: When one room is divided into two or more groups of children, the well-defined space must be outlined in either the original licensing study report or an addendum to the original licensing study report. Group size must be maintained at all times. Child care staff members must know the whereabouts of all children at all times. Child care staff member-to-child ratios must be maintained in each room and child use area, outside on the playground, and on field trips. Children must not be left unattended when a child care staff member needs to briefly be away from their assigned area (example: using the restroom, toileting a child, caring for a sick child, escorting children from the bus, etc.). If there is already more than one child care staff member in the room, a replacement child care staff member may not be necessary unless: (a) there is a significant disruption in the room; (b) children’s needs are not being met; or (c) absences are too lengthy or too frequent. Note: Children aged 33 months up to 36 months are considered 3-year-olds when enrolled in a 3-year-old classroom (when developmentally appropriate and with written parental permission), per rule 400.8222(5). If a center is licensed to accept children age 3 and older, the center can enroll children as young as 33 months in a 3-year-old classroom when developmentally appropriate and with written parental permission. The same applies to subrules 400.8222(6) and (7) of this rule. Note: When children turn age 5, they may be considered a school-ager, even if they are not attending kindergarten. Combining Age Groups When combining age groups of children, the child care staff member-to-child ratio and maximum group size for the youngest child applies. Example: A guest presenter, such as a firefighter, visits the center to discuss fire safety with all age groups. The groups may be combined for the presentation as long as the center designates the appropriate number of child care staff members to maintain ratio for each subgroup. Ratios for Children Age 13 and Older Programs serving children age 13 and older do not have to be licensed under the Child Care Organizations Act (1973 PA 116, as amended) because “center” is defined as a facility receiving 1 or more children under 13 years of age for care. However, some centers may choose to serve children age 13 and older. If the program serves only children age 13 and older, there isn’t a required child care staff member-to-child ratio. If the program is licensed for school-age children and serves children age 12 and younger and children age 13 and older:
The program must follow the child care staff member-to-child ratio for the youngest child present, if children aged 12 and younger and children age 13 and older are mixed in the same well-defined space. Refer to technical assistance of R 400.8222(1) for more information if a program is serving children ages 13 and older. |
9. When all children in a room are asleep, 1 child care staff member may provide supervision as long as all of the following are met:
- A child care staff member remains in the room and is not performing any duties other than supervision.
- All children are visible to the child care staff member in the room.
- Additional child care staff members are present at the center and near enough to immediately intervene if needed.
- When the first child wakes up, the required ratios in the room must be met immediately.
10. An exception to the requirements of subrule (4) of this rule may be made when the center is transporting children and complies with R 400.8760(1) and (2).
Children being transported are seated in a confined space that limits their activities.
11. Two or more groups of the same age may be combined for collective activities as long as appropriate child care staff member-to-child ratios are maintained in the room or area.
12. Group sizes for all ages may vary during outdoor play only if the center maintains the child care staff member to child ratios required by this rule.
13. Written approval from the department must be obtained before making any changes in the terms of the license, including, but not limited to, adding use space, changing age groups served, changing program components, changing the capacity of the center, or making changes to a room or well-defined space that will result in a change in capacity of the room or well-defined space.
Ensures that department is aware of the services offered by the center and that the center is in compliance with rules related to newly added components.
The center must submit a modification request and get approval from the licensing consultant before using a new or unapproved space or for other changes to the terms of the license or program components. The center must notify the department before making changes to a room or a well-defined space (e.g., switching classrooms, etc.) that will change capacity of the room or well-defined space.
14. Small capacity centers are exempt from subrules (2) to (11) of this rule.
15. Small capacity centers shall abide by all of the following:
- The ratio of child care staff member to children present at any one time must be a minimum of 1 to 6.
- The ratio of child care staff member to children present at one time may be a minimum of 1:10 if the center meets both of the following:
- Operates a preschool great start readiness program.
- Only serves children enrolled in the great start readiness program.
- For each child care staff member, not more than 4 children shall be under the age of 30 months.
- The maximum group size is 20.
