Skip to main content
R400.8213 Staff; volunteer

Licensing Rules for Child Care Centers

R400.8213 Staff; volunteer

Rule 213 (1)

  1. All staff and volunteers present at the center shall:
    1. Provide appropriate care and supervision of children at all times.
    2. Act in a manner that is conducive to the welfare of children.
    3. Make an immediate verbal report to the department of health and human services, children’s protective services, by telephone at 1-855-444-3911, on reasonable cause to suspect child abuse or child neglect. The verbal report must be followed by submission of a written report within 72 hours of the verbal report.
    4. Sign and date a written statement at the time of hiring or before volunteering and indicate all of the following information:
      1. The individual is aware that abuse and neglect of children is against the law.
      2. The individual is informed of the center’s policies on child abuse and neglect.
      3. The individual knows they are mandated reporters of child abuse and child neglect and are required by law to immediately report suspected abuse and neglect to the department of health and human services, children’s protective services, as described in subdivision (c) of this subrule.

Rationale

  • Ensures that appropriate care and supervision is provided to all children.
  • Supervision is basic to the prevention of harm.
  • Ensures for the safety and well-being of children and ensures their basic needs are being met.
Technical Assistance

All staff and volunteers working directly with children must meet the basic needs of each child and make sure they are safe and well.
This means:

  • Meeting the child care staff -to-child ratios and group size.
  • Providing a program that meets the developmental needs of all children in care.
  • Interacting with each child in a positive manner.
  • Knowing what each child is doing.
  • Knowing where each child is at all times.
  • Being close enough to the children to make sure they are safe.

If a program staff needs to be away from their assigned area for a brief time (ex: to use the restroom, toileting a child, taking care of a sick child, bringing children from the bus, etc.), do not leave children unattended. If multiple program staff are in the room, an extra or additional program staff may not be necessary; a sub may be needed if children’s needs aren’t being met, the absences are too long or often, or if there is a significant disruption in the room.

Volunteers not acting as program staff must care for the children appropriately. This includes, but is not limited to:

  • Interacting with children in a positive manner.
  • If working with one child, knowing where the child is and what they are doing.
  • Following the volunteer policy of the center.

722.115m(14)(b) "Conducive to the welfare of the children" means:

  • The service and facility comply with this act and the administrative rules promulgated under this act.
  • The disposition, temperament, condition, and action of the applicant, licensee, licensee designee, program director, child care staff member, and member of the household promote the safety and well-being of the children served.

Conducive to the welfare of children also includes the licensee:

  • Is truthful to the department and the public.
  • Is capable of making appropriate judgements.
  • Is knowledgeable of the developmental needs of children of varying ages.
  • Conducts self in a way so that rule requirements are met.

722.115m(4) To assess whether the service, facility, applicant, licensee, child care staff member, or member of the household is conducive to the welfare of the children, the department may utilize available information, including, but not limited to, any of the following:

  • Investigative report, such as a law enforcement report and a children's protective services report.
  • Medical report.
  • Public record.
  • Child care center, group child care home, or family child care home record.
  • Inspection of the child care center, group child care home, or family child care home.

All staff and volunteers (including minors) are mandated reporters. Under the Child Protection Law, center staff and volunteers must contact Children’s Protective Services (CPS) immediately when they suspect child abuse and/or neglect.

  • The immediate verbal report must be made to Centralized Intake by calling (855) 444-3911. The verbal report must be followed by a written report. The written report must be submitted within 72 hours. Michigan Department of Health and Human Services (MDHHS) encourages the use of the Report of Suspected or Actual Child Abuse or Neglect (DHS-3200) form which includes all the information required by the law. The written report may be faxed to (616) 977- 1154 or (616) 977-1158 or emailed to MDHHS-CPS-CIGroup@michigan.gov.
  • The immediate online report eliminates the requirement to fill out a DHS-3200 form. To report online, you can register as a mandated reported at Mi Bridges Mandated Reporters

Reporting the situation to administration or other staff person does not relieve the center employee or volunteer of their mandated responsibility to report to CPS.

When child abuse and/or neglect is suspected, the center staff or volunteer needs to only obtain enough information to make a report. If a child starts disclosing information regarding abuse and/or neglect, the center employee/volunteer must ask only open- ended questions, if necessary, to determine whether a report needs to be made to CPS. The child must not be led during the conversation. The center staff/volunteer must not attempt to conduct their own investigation either before reporting it to CPS or during the CPS investigation.

Best Practice

Determining when to report situations of suspected child abuse/neglect can be difficult. When in doubt, contact Centralized Intake by calling (855) 444-3911 for consultation.

For more information on signs of child abuse and neglect and reporting suspected child abuse and neglect, refer to the mandated reporter’s website at Mandated Reporters. The Mandated Reporter’s Resource Guide (DHS-Pub 112) is also available online at Mandated Reporter' Resource Guide. Also see the publication The Role of Professional Child Care Providers in Preventing and Responding to Child Abuse and Neglect at Child Welfare Information Gateway.

Rule 213 (2)

2. All supervised volunteers shall receive a public sex offender registry clearance by the licensee against the Michigan State Police Sex Offender Registry or the Dru Sjodin National Sex Offender Public Website before having any contact with a child in care. A copy of this clearance must be maintained on file at the center or at the central office.

Rationale

Ensures that children are protected at all times when around personnel and volunteers.

Technical Assistance

The Michigan State Police Sex Offender Registry (PSOR) can be found at: PSOR

The National Sex Offender Public Website (NSOPW) can be found at: NSOPW

A supervised volunteer does not include the rare times when parents go with their child on a special activity, such as a classroom party or field trip, when the parent is only with their child and has no responsibility for classroom or group activities.

Best Practice

It is recommended that the PSOR clearance be done yearly. It is recommended that you use an application and/or a written statement for supervised volunteers that includes their legal name and address to make sure the PSOR results are accurate.

Rule 213 (3)

A licensee shall have a written policy regarding screening and supervision of staff and volunteers, including volunteers who are parents of a child in care. The policy must include a statement that any staff or volunteer registered on either the Michigan State Police Sex Offender Registry or the Dru Sjodin National Sex Offender Public Website is prohibited from having contact with any child in care.

Rationale

  • Ensures that children are protected at all times when around staff and volunteers.
  • Ensures that volunteers are appropriately supervised while in the center.
Technical Assistance

The written screening policy needs to describe how the center screens employees and volunteers.

The written policy needs to describe how volunteers are supervised; it may include volunteer duties and restrictions.
Previous  |  Next