Mich. Admin. Code R. 400.8112 - 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.
(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:
(a) A certificate of immunization
showing a minimum of 1 dose of each immunizing agent specified by the
department of health and human services.
(b) A medical contraindication form signed by
a medical doctor or doctor of osteopathic medicine stating why the child cannot
receive immunizations.
(c) 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.
(d) 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.
(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.
(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.
(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.
(6) Physical evaluations must be updated
every 13 months for infants and toddlers, and every 2 years for
preschoolers.
(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:
(a) The child is in good health
with activity restrictions noted.
(b) The child's immunizations are up to
date.
(c) 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.
(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.
(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.
(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.
(11) A child shall
only be released to individuals authorized by the child's parent or
guardian.
(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.
(13) A parent's written permission for
routine transportation must be obtained annually and maintained on file at the
center.
(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.
(15) Parents shall be
notified before each field trip.
(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.
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 112.
(1) Pursuant to sections 5n and 5q of the act , MCL 722.115n and 722.115q, before an individual has unsupervised contact with children, the department shall determine the individuals eligibility to be any of the following:
(a) A licensee .
(b) A licensee designee .
(c) A child care staff member .
(d) A child care aide .
(e) An unsupervised volunteer .
(2) An applicant or licensee shall do all of the following:
(a) Ensure that each individual who requires an eligibility determination under subrule (1) of this rule completes, signs, and submits all of the information required in subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed by the department . The forms are available on the departments website for the child care background check system , www.michigan.gov/ccbc. The form or forms must be signed and dated prior to the individuals appointment to be fingerprinted.
(b) Maintain a copy of the completed and signed form or forms for each individual entered into the child care background check system under the license .
(c) Provide to the department , upon request, a copy of the individuals completed and signed form or forms.
(d) Establish and activate an account and accurately enroll each individual listed in subrule (1) of this rule in the child care background check system .
(e) Within the departments child care background check system , accurately complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license .
(f) Immediately disconnect each individual from the system once he or she is no longer a licensee , licensee designee , child care staff member , child care aide , or an unsupervised volunteer under the license .
(3) An individual may serve as a child care staff member pending an eligibility determination by the department under sections 5n(8) and 5q of the act , MCL 722.115n and 722.115q, and shall be supervised at all times by the licensee or a child care staff member who has been determined eligible .
(4) For an individual who is determined ineligible by the department , a licensee shall immediately do all of the following:
(a) Prohibit the individual from being on the premises of the child care center .
(b) Prohibit the individual from having any contact with children in care.
(c) Disconnect the individual from the child care background check system .
(5) An individual who requires a comprehensive background check under sections 5n and 5q of the act , MCL 722.115n and 722.115q, shall submit to the department , on a form prescribed by the department , all personally identifiable information necessary to conduct the comprehensive background check , including all of the following:
(a) Full legal name .
(b) All other names used in the past, including any maiden name or alias, the approximate date the other name was used, and the reason for the name change.
(c) Suffix, if applicable.
(d) Social Security number.
(e) Date of birth.
(f) Place of birth.
(g) Country of citizenship.
(h) Height.
(i) Weight.
(j) Hair color.
(k) Eye color.
(l) Gender.
(m) Race.
(n) Current address.
(o) If the individual resided outside this state during the last 5 years, then provide each of those addresses.
(p) Drivers license identification number and state issuing the license or a state identification number and state issuing it, if available.
(q) Phone number.
(r) Email address, if available.
(s) Any other information deemed reasonably necessary by the department to determine the eligibility of the individual based on a name-based registry match.
(6) The department shall maintain the confidentiality of all personally identifiable information submitted pursuant to this rule to the extent permitted by law.