Mich. Admin. Code R. 400.8222 - Capacity, ratio and group size

Rule 222.

(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.
(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 o f age are present. A second child care staff member is required when needed to comply with subrule (4) of 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.
(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:

TABLE 1

Age

Child Care Staff Member to Child Ratio

Maximum Group Size

(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-aged children

1 to 18

54

(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.
(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) A child care staff member remains in the room and is not performing any duties other than supervision.
(b) All children are visible to the child care staff member in the room.
(c) Additional child care staff members are present at the center and near enough to immediately intervene if needed.
(d) 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).
(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.
(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:
(a) The ratio of child care staff member to children present at any one time must be a minimum of 1 to 6.
(b) 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:
(i) Operates a preschool great start readiness program.
(ii) Only serves children enrolled in the great start readiness program.
(c) For each child care staff member, not more than 4 children shall be under the age of 30 months.
(d) The maximum group size is 20.

Notes

Mich. Admin. Code R. 400.8222
2025 MR 10, Eff. 5/7/2025
An obvious error in R 400.8222 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 10. The memorandum requesting the correction was published in Michigan Register, 2025 MR 11.

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