Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Licensing Rules for Family and Group Child Care Homes › Section R. 400.1901 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As
				  used in these rules:
(a) "Act" means 1973 PA
				  116, MCL 722.111 to 722.128.
(b)
				  "Adult" means a person 18 years of age and older.
(c) "Applicant" means an individual who
				  applies for a license to operate a family or group child care home.
(d) "Basement" means a story of a building or
				  structure having ½ or more of its clear height below average grade for
				  at least 50% of the perimeter.
(e)
				  "Child care assistant" means an individual who is 14 to 17 years of age, who
				  participates in child care activities in a family or group child care home, and
				  who shall not have unsupervised access to or provide unsupervised care or
				  supervision of children.
(f) "Child
				  care background check system" means the database maintained by the department
				  to document comprehensive background checks and eligibility determinations,
				  pursuant to section 5n of the act, MCL 722.115n.
(g) "Child care home" means a family child
				  care home and a group child care home.
(h) "Child care staff member" means that term
				  as defined in section 1(a) of the act, MCL 722.111(a).
(i) "Child passenger restraint device" means
				  a device that is used to restrain, seat, or position a child weighing 65 pounds
				  or less that meets the requirements of federal motor vehicle safety standard
				  No. 213, child restraint systems,
				  49 CFR
				  571.213 (2019), which is hereby adopted by
				  reference.
(j) "Child-use space"
				  means the rooms and floor levels of the home approved by the department for
				  child care.
(k) "Cleaned" means
				  washed vigorously with soap and water and rinsed with clean water.
(l) "Combustible" means materials that will
				  ignite and burn when subjected to a fire or excessive heat.
(m) "Comprehensive background check" means a
				  department review of an individual as required in sections 5n and 5q of the
				  act, MCL 722.115n and 722.115q.
(n)
				  "Conducive to the welfare of children" means that term as defined in section
				  5m(13)(b) of the act, MCL 722.115m(13)(b).
(o) "Continuously employed child care staff
				  member" and "continuously connected adult household member" means an individual
				  who has not been disconnected for more than 180 days from the child care
				  background check system and has continuously resided in Michigan for the
				  immediately preceding 5-year period, as required in sections 5n(15) and 5n(16)
				  of the act, MCL 722.115n(15) and 722.115n(16).
(p) "Conviction" means that term as defined
				  in section 1(i) of the act, MCL 722.111(i).
(q) "Criminal history check" means that term
				  as defined in section 1(j) of the act, MCL 722.111(j).
(r) "Department" means the department of
				  licensing and regulatory affairs.
(s) "Eligible" means that term as defined in
				  section 1(m) of the act, MCL 722.111(m).
(t) "Family child care home" means that term
				  as defined in section 1(o)(iii) of the act, MCL 722.111(o)(iii).
(u) "Field trip" means children and personnel
				  leaving the child care home premises for an excursion, trip, or program
				  activity.
(v) "Fire alarm" means a
				  device that is used to alert all persons in the home of fire conditions. The
				  device must be heard in all parts of the home that are approved for use by
				  children.
(w) "Foster child" means
				  a person who resides in a foster home, who was placed in the foster home by a
				  placing agent, who is not living with a parent or legal guardian, who is less
				  than 18 years of age or becomes 18 years of age while residing in the foster
				  home and continues to reside in the foster home as a dependent adult, and who
				  is not related to an adult member of the foster family by blood, adoption, or
				  marriage.
(x) "Group child care
				  home" means that term as defined in section 1(o)(iv) of the act, MCL
				  722.111(o)(iv).
(y) "Heat detector"
				  means a single or multiple station alarm responsive to heat.
(z) "Ineligible" means that term as defined
				  in section 1(n) of the act, MCL 722.111(n).
(aa) "Licensee" means that term as defined in
				  section 1(q) of the act, MCL 722.111(q).
(bb) "Means of egress" means the exit route
				  from any point in the home to the outside at ground level.
(cc) "Member of the household" means that
				  term as defined in section 1(s) of the act, MCL 722.111(s).
(dd) "Minor" means a person less than 18
				  years of age.
(ee) "MiRegistry" is
				  the electronic data system for child care providers to verify and track
				  employment, training, and educational accomplishments, which is maintained by
				  the department of education. MiRegistry offers a statewide calendar of online
				  and classroom training opportunities. MiRegistry can be accessed online at
http://www.miregistry.org
.
(ff) "Nonprescription medication" means any
				  over-the-counter medication that may be orally ingested or applied to the skin,
				  including but not limited to: aspirin, acetaminophen, cold and flu medicines,
				  mosquito repellants, antiseptics, ointments, powders, and diaper rash
				  products.
(gg) "Nighttime care"
				  means child care provided between midnight to 5:00 a.m.
(hh) "Parent" means a child's natural or
				  adoptive parent who is legally responsible for the child or the child's legal
				  guardian.
(ii) "Permanently
				  resides" means the address is the individuals primary residence and his or her
				  presence in the home is not contingent upon caring for children.
(jj) "Personnel" means a licensee, child care
				  staff member, and child care assistant.
(kk) "Premises" means the location of the
				  child care home where the licensee and family reside and includes the attached
				  yard, garage, basement, non-child use space, and any other
				  outbuildings.
(ll) "Related" means
				  that term as defined in section 1(y) of the act, MCL 722.111(y).
(mm) "Routine transportation" means regularly
				  scheduled travel on the same day of the week, at the same time, to the same
				  destination. Any deviation is non-routine transportation.
(nn) "Safety belt" means an automobile lap
				  belt or lap-shoulder belt combination designed to restrain and protect a
				  passenger or driver of a vehicle from injury.
(oo) "Sanitized" means to wipe or spray the
				  surface with a sanitizing solution, let the surface air dry or wipe dry after
				  two minutes, or according to the manufacturers directions, with a single
				  service towel.
(pp) "Serious
				  injury" means that term as defined in section 2b of 1973 PA 116, MCL
				  722.112b.
(qq) "Smoke detector"
				  means a device that detects visible or invisible particles of
				  combustion.
(rr) "Supervised
				  volunteer" means an individual who is 16 years of age or older, provides
				  services for a child care home that are not compensated, and who is supervised
				  at all times when children are in care.
(ss) "Transportation" means the taking of
				  children by means of a vehicle to or from a family or group child care home and
				  to and from all other activities planned by or through the family or group
				  child care home.
(tt) "Unsupervised
				  volunteer" means an individual who is 18 years of age or older, provides
				  services for a child care home that are not compensated, and who has been
				  determined eligible by the department to be unsupervised with
				  children.
(uu) "Vehicle" means an
				  automobile, truck, or van that transports persons upon a highway.
(vv) "Water activities" mean activities in
				  residential pools, lakes, ponds, or other bodies of water. Water activities do
				  not include water play activities such as water table play, slip and slide
				  activities, wading pools, or playing in sprinklers.