Mich. Admin. Code R. 400.8101 - Definitions; A to I
Rule 101.
(1) As
used in these rules:
(a) "Accredited college
or university" means a college or university that is accredited by a regional
or national institutional accrediting association recognized by the United
States Department of Education.
(b)
"Act" means 1973 PA 116, MCL
722.111 to
722.128, regarding child care
organizations.
(c) "Adult" means an
individual 18 years of age or older.
(d) "Ages" means all of the following:
(i) "Infant" means a child from birth until 1
year of age.
(ii) "Toddler" means a
child who is 1 year of age until 30 months of age.
(iii) "Preschooler" means a child who is 30
months of age until eligible to attend a grade of kindergarten or
higher.
(iv) "School-aged" means a
child who is eligible to attend a grade of kindergarten or higher, but less
than 13 years of age. A child is considered school-aged on the first day of the
school year in which the child is eligible.
(e) "Applicant" means an individual who
applies for a license to operate a child care center.
(f) "Biocontaminant" means bodily fluids such
as urine, feces, saliva, vomit, blood, nasal discharge, eye discharge, and
injury or tissue discharge.
(g)
"Center" means an early childhood center, school-age child care center, outdoor
nature-based child care center, or a small capacity child care
center.
(h) "Certified playground
safety inspector" means an individual certified by the national playground
safety institute or the national program for playground safety to conduct
playground safety inspections.
(i)
"CEU" means a continuing education unit awarded by an accredited college or
university sponsor of continuing education units or state continuing education
clock hour awarded by the state board of education.
(j) "Child care administration" means
educational courses in child care administration, education administration,
educational leadership, or business administration.
(k) "Child care background check system"
means the database maintained by the department to document a comprehensive
background check and eligibility determination pursuant to section 5n of the
act, MCL 722.115n.
(l) "Child development associate credential"
means a credential awarded by the council for professional recognition or a
similar credential approved by the department.
(m) "Child-related field" means either of the
following:
(i) For an early childhood program
administrator and lead teacher, academic courses in elementary education, child
guidance, child counseling, child psychology, family studies, environmental or
outdoor education, social work, or special education.
(ii) For a school-age program administrator,
academic courses in early childhood education, elementary education, secondary
education, educational leadership, special education, physical education and
recreation, child development, child guidance, child counseling, child
psychology, family studies, environmental or outdoor education, social work,
human services, or youth development.
(n) "Clean" means removing dirt, food, soil,
and other types of debris by scrubbing and washing with a detergent solution
and rinsing with water.
(o)
"Communicable disease" means an infectious disease that is transmissible from
person to person by direct contact with an infected individual or the
individual's discharges, or by indirect means through a vector. Communicable
disease includes, but is not limited to, all of the following:
(i) Chicken pox.
(ii) Hand, foot, and mouth disease.
(iii) Influenza.
(iv) Measles.
(v) Mumps.
(vi) Pertussis, which is also referred to as
whooping cough.
(vii)
Rubella.
(viii)
Tuberculosis.
(p)
"Comprehensive background check" means a department review of an individual
pursuant to sections 5n and 5q of the act, MCL
722.115n and
722.115q.
(q) "Continuously employed child care staff
member" means an individual who has not been disconnected from the child care
background check system for a period of more than 180 days and has continuously
resided in this state as referenced in section 5n(15) and (16) of the act, MCL
722.115n.
(r) "Degrees and semester hours" means only
those degrees and hours from an accredited college or university.
(s) "Department" means the department of
lifelong education, advancement, and potential.
(t) "Developmentally appropriate" means age
appropriate and appropriate to the individual child.
(u) "Disinfect" means destroying any
remaining germs on surfaces after cleaning using a stronger bleach solution or
an EPA-registered disinfecting product as described on the label.
(v) "Early childhood center" means a child
care center that serves children less than 13 years of age. It does not include
a school-age child care center, outdoor nature-based child care center, or a
small capacity child care center.
(w) "Early childhood program administrator"
means a child care staff member who is the program administrator of an early
childhood center and can be counted in child staff member to child
ratios.
(x) "Easily cleanable"
means that surfaces are readily accessible and made of such materials and
finish and so fabricated that residue may be effectively removed by normal
cleaning methods.
(y) "Experience"
means paid and unpaid experience serving the ages and developmental abilities
of children for which the center is licensed.
(z) "Field trip" means children, program
staff or volunteers, or both, leaving the child care center premises for an
excursion, trip, or program activity.
(aa) "First aid kit" means a kit containing,
at a minimum, all of the following: sterile gauze pads of assorted sizes, a
roll of gauze, adhesive bandages of assorted sizes, adhesive cloth tape, an
elastic bandage, tweezers, and scissors. A first aid kit is prohibited from
containing any non-prescription or prescription medications as described under
R 400.8260.
(bb) "Group size" means
the specified number of children assigned to a child care staff member or team
of child care staff members occupying an individual classroom or well-defined
space for each group within a larger room.
(cc) "Hand washing" means to cleanse the
hands with soap and warm running water for not less than 20 seconds.
(dd) "Immediately available" means a program
administrator, site administrator, parent, or guardian remains onsite at the
address of the child care center.
(ee) "Independent service provider" means
individuals who are not child care staff members, but render professional,
therapeutic, or enrichment services within a child care center. Independent
service providers include, but are not limited to, dance instructors, gymnastic
or sports instructors, computer instructors, speech therapists, nutritionists,
early interventionists, nurses and other licensed health care professionals,
intermediate school district staff, local school district staff, departmental
staff other than those responsible for inspecting centers, non-center
affiliated bus drivers, cafeteria and maintenance personnel, electricians,
plumbers, photographers, and other outside service providers. Independent
service providers are not considered contract employees or self-employed as
described in the act as long as the independent service providers are
supervised at all times by an eligible child care staff member while at the
child care center when children are present.
(2) A term defined in the act has the same
meaning when used in these rules.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
Rule 101. As used in these
(a) "Accredited college or university " means a college or university that has been accredited by a regional or national institutional accrediting association recognized by the United States Department of Education.
(b) "Act " means 1973 PA 116, MCL 722.111 to 722.128, regarding child care organizations.
(c) "Adult " means a person 18 years of age or older.
(d) "Ages " means all of the following:
(i) "Infant" - birth until 1 year of age.
(ii) "Toddler" - 1 year of age until 30 months of age.
(iii) "Preschooler" - 30 months of age until eligible to attend a grade of kindergarten or higher.
(iv) "School -ager" - a child who is eligible to attend a grade of kindergarten or higher, but less than 13 years of age. A child is considered a school -ager on the first day of the school year in which he or she is eligible .
(e) "Applicant " means an individual who applies for a license to operate a child care center .
(f) "CEU " means a continuing education unit awarded by an accredited college or university sponsor of continuing education units or equivalent awarded by the state board of education.
(g) "Child care aide " means an individual who is 17 years of age, who provides services and participates in child care activities in a child care center , who shall not have unsupervised access or provide unsupervised care or supervision of children, and who has satisfactorily completed at least 1 year of a vocational-occupational child care aide training program approved by the department .
(h) "Child care administration " means educational courses in child care administration , education administration, or business administration.
(i) "Child care background check system " means the database maintained by the department to document a comprehensive background check and eligibility determination pursuant to section 5n of the act , MCL 722.115n.
(j) "Child care center " means that term as defined in section 1(h) of the act , MCL 722.111.
(k) "Child care staff member " means that term as defined in section 1(a) of the act , MCL 722.111.
(l) "Child development associate credential " or "CDA " means a credential awarded by the Council for Professional Recognition or a similar credential approved by the department .
(m) "Child-related field " means 1 of the following:
(i) For an early childhood education program director and lead caregiver , academic courses in elementary education, child guidance, child counseling, child psychology, family studies, social work, or special education.
(ii) For a school-age program director , academic courses in early childhood education, elementary education, secondary education, special education, physical education and recreation, child development, child guidance, child counseling, child psychology, family studies, social work, human services, or youth development.
(n) "Communicable disease " means an infectious disease that is transmissible from person to person by direct contact with an infected individual or the individual 's discharges, or by indirect means through a vector. Communicable disease includes, but is not limited to, all of the following:
(i) Chicken pox.
(ii) Hand, foot and mouth disease.
(iii) Influenza.
(iv) Measles.
(v) Mumps.
(vi) Pertussis, which is also referred to as whooping cough.
(vii) Rubella.
(viii) Tuberculosis.
(o) "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.
(p) "Conducive to the welfare of children " means that term as defined in section 5m(13)(b) of the act , MCL 722.115m(13)(b).
(q) "Continuously employed child care staff member " means an individual who has not been disconnected from the child care background check system for a period of more than 180 days and has continuously resided in Michigan as referenced in section 5n(15) and (16) of the act , MCL 722.115n(15) and (16).
(r) "Conviction " means that term as defined in section 1(i) of the act , MCL 722.111.
(s) "Criminal history check " means that term as defined in section 1(j) of the act , MCL 722.111.
(t) "Degrees and semester hours " means only those degrees and hours from an accredited college or university .
(u) "Department " means the department of licensing and regulatory affairs.
(v) "Developmentally appropriate " means age appropriate as well as appropriate to the individual child.
(w) "Early childhood program director " means the program director of a center serving children of all ages .
(x) "Easily cleanable " means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.
(y) "Eligible " means that that term as defined in section 1(m) of the act , MCL 722.111.
(z) "Field trip " means children and personnel leaving the child care center premises for an excursion, trip, or program activity.
(aa) "First aid kit " means a kit containing, at a minimum, all of the following: sterile gauze pads, assorted sizes, a roll of gauze, adhesive bandages, assorted sizes, adhesive cloth tape, an elastic bandage, tweezers, and scissors. A first aid kit is prohibited from containing any non-prescription or prescription medications as described under R 400.8152.
(bb) "Group size " means the specified number of children assigned to a child care staff member or team of child care staff members occupying an individual classroom or well-defined space for each group within a larger room . Two or more groups may be combined for collective activities as long as appropriate child-to-staff ratios are maintained in the room or area.
(cc) "Hours of experience " means experience serving the ages and developmental abilities of children for which the center is licensed .
(dd) "Immediately available " means a parent or guardian remains onsite at the address of the child care center .
(ee) "Ineligible " means that term as defined in section 1(n) of the act , MCL 722.111.