Michigan daycare regulations

Child care center

MCL 722.111(1)(i) Effective June 2024 Centers View rule MCL 722.111(1)(i)

A facility other than a private home that cares for one or more children under 13 for less than 24 hours a day while parents are not immediately available. That includes preschools, nursery schools, play groups, drop-in centers and before- and after-school programs, and any program running two or more consecutive weeks. Excluded: Sunday school and religious classes (up to 3 hours a day, or 8 hours a day for up to 4 weeks a year), care during worship services (up to 3 hours), school-age lessons in a single subject, clubs, scouting and recreation programs where school-age children can come and go, and therapy programs.

Four kinds of center

R 400.8101, R 400.8103 Effective May 2025 Centers View rule R 400.8101, R 400.8103

An early childhood center serves children under 13. A school-age child care center serves only school-age children. An outdoor nature-based child care center serves preschool and school-age children in an approved outdoor space for at least 4 hours a day or half the day. A small capacity center serves 20 or fewer children under 13 and has its own ratio, space and staffing rules.

Family and group child care homes

MCL 722.111(1)(v)(iii)-(iv); R 400.1925 Effective June 2024 Group child care homesFamily child care View rule MCL 722.111(1)(v)(iii)-(iv); R 400.1925

A family child care home is the provider's own residence caring for 1 to 6 unrelated children; a group child care home cares for 7 to 12. Children related to an adult in the household are not counted for the license type. Caring for an unrelated child more than 4 weeks a year counts. Babysitting is not a family home if the yearly pay is under $600 (or below the level that triggers a 1099). After 29 consecutive months of licensed operation and a renewed regular license, a home can ask MiLEAP to raise capacity to 7 (family) or 14 (group).

Applying for a license, and fees

MCL 722.115m Effective June 2022 CentersGroup child care homesFamily child care View rule MCL 722.115m

No one may operate a center or home without a MiLEAP license. MiLEAP makes an on-site visit before issuing or renewing any license, and home applicants must complete a department orientation. Fees: family home $50 (renewal $25); group home $100 ($50); centers $150 for 1-20 children ($75), $200 for 21-50 ($100), $250 for 51-100 ($125) and $300 for more than 100 ($150). MiLEAP must decide within 6 months of a complete application.

Original, regular and provisional licenses

MCL 722.118, 722.117; R 400.8107 Effective October 2022 CentersGroup child care homesFamily child care View rule MCL 722.118, 722.117; R 400.8107

A new program gets a 6-month original license. After that MiLEAP issues a regular license, good for 2 years and renewed every 2 years, or refuses renewal, or issues a provisional license (6 months, up to three times, with a plan to fix the problems). Centers submit a certificate of occupancy before the original license and before every renewal (school-age centers in approved school buildings are exempt, and outdoor nature-based centers submit a site map and benefit-risk assessment instead).

Home provider requirements

R 400.1902, R 400.1903 Effective April 2026 Group child care homesFamily child care View rule R 400.1902, R 400.1903

The licensee must be 18 or older, have a high school diploma or GED (or an approved MiRegistry training track), live in the home, hold pediatric first aid and CPR, have training in abuse and neglect reporting and infectious disease, and attend MiLEAP's orientation. The licensee must be in the home daily and give most of the care, with up to 20 days a year of vacation or personal leave when a qualified staff member substitutes and parents are told.

Center ratios and maximum group sizes

R 400.8222(4), Table 1 Effective May 2025 Centers View rule R 400.8222(4), Table 1

Infants and toddlers, birth to 30 months: 1:4, group of 12. Preschoolers 30 months to 3 years: 1:8, group of 24. Three-year-olds: 1:10, group of 30. Four years to school age: 1:12, group of 40. School-age children: 1:18, group of 54. Children related to staff or the licensee count. With mixed ages in one room the youngest child sets the ratio and group size unless the groups are clearly separated. With written parent permission a child of 33 months may join a 3-year-old room, 45 months a 4-year-old room, and 57 months a school-age room, and that room's ratio applies.

SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to Michigan's number. SafePass's built-in defaults (infants 1:4, toddlers 1:6, two-year-olds 1:8, school-age 1:15) are wrong for Michigan in both directions: Michigan requires 1:4 for every child under 30 months, so the toddler and two-year-old defaults would NOT flag a room Michigan considers over ratio, while the school-age default is tighter than Michigan's 1:18. SafePass does not check group size or the youngest-child rule for mixed rooms.

Second adult, nap time and combined groups

R 400.8222(2), (3), (9), (11), (12) Effective May 2025 Centers View rule R 400.8222(2), (3), (9), (11), (12)

Two adults, at least one a child care staff member, must be present whenever 3 or more children under 3, or 7 or more children over 3, are present. When every child in a room is asleep, one staff member may supervise if they do nothing else, can see every child, other staff are close enough to step in, and full ratio is restored as soon as the first child wakes. Same-age groups may combine for activities if ratio holds, and group size may vary outdoors.

Small capacity centers

R 400.8222(14)-(15) Effective May 2025 Centers View rule R 400.8222(14)-(15)

A center of 20 or fewer children uses 1 staff member for 6 children, with no more than 4 children under 30 months per staff member, and a maximum group size of 20. A small center serving only Great Start Readiness Program (state preschool) children may use 1:10.

Family and group home ratios

R 400.1927, R 400.1928 Effective April 2026 Group child care homesFamily child care View rule R 400.1927, R 400.1928

One caregiver for every 6 children (1:7 in a home approved for increased capacity). Count all unrelated children plus any child under school age who is related to the licensee, a staff member, an assistant, a volunteer or anyone in the household. Each caregiver may have no more than 4 children under 24 months, and no more than 2 of those under 12 months. A group home may add up to 3 school-age children before and after school, at 1:9 (1:10 with increased capacity). Ratios apply during transportation too.

SafePass tip: SafePass Kiosk check-ins give a running count of who is in care, by child and age. Add your own young children as enrolled children if you want them in the count. SafePass does not check Michigan's under-24-month and under-12-month limits for you.

Ratios in vehicles

R 400.8760 Effective May 2025 Centers View rule R 400.8760

In transit: infants and toddlers 1:4 and preschoolers under 3 at 1:8, with the driver not counted; 3-year-olds 1:10, 4-year-olds 1:12 and school-age children 1:18, where the driver may count. Adults counted must be 16 or older, seated with the children and responsible for them. No extra adult is needed if only one child under 36 months is riding.

Licensed capacity and changes

R 400.8222(1), (13) Effective May 2025 Centers View rule R 400.8222(1), (13)

The number and ages of children in care may never exceed what the license allows. Written MiLEAP approval is needed before adding space, changing age groups or program components (such as infant care, night care, food service, swimming or transportation), or changing room or center capacity.

Center indoor and outdoor space

R 400.8121, R 400.8125 Effective May 2025 Centers View rule R 400.8121, R 400.8125

At least 42 square feet of usable indoor space per infant or toddler and 35 square feet per preschool or school-age child (35 for all ages in a small capacity center). Hallways, bathrooms, offices, kitchens, storage and rooms used only for eating or sleeping (except for infants and toddlers) don't count. Centers open 3 or more hours a day need daily outdoor play and an outdoor area of at least 1,200 square feet (600 for small capacity centers).

Home indoor and outdoor space

R 400.1909, R 400.1912 Effective April 2026 Group child care homesFamily child care View rule R 400.1909, R 400.1912

At least 35 square feet of usable indoor space per child (not counting bathrooms and storage), only in spaces MiLEAP approved for child care. An outdoor play area of at least 400 square feet for a family home or 600 for a group home, on site or within reasonable walking distance.

Program administrator (center director)

R 400.8204 Effective May 2025 Centers View rule R 400.8204

At least 21, with a high school diploma or GED and 2 semester hours or 3 CEUs in child care administration within 6 months of hire, and MiLEAP approval of credentials before hire. An early childhood center administrator qualifies through a CDA, Montessori or infant family credential or child-related associate degree plus 3 months of experience in a Great Start to Quality center; or any associate degree plus 6 months of experience and set MiRegistry trainings in a Great Start to Quality center; or a bachelor's degree in a child-related field. A staff-in-charge must be on site whenever a single-site administrator is away; an administrator over several sites must be at each site at least 5 sessions in any 30 open days and appoint a site administrator.

SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so CPR and first aid cards, training certificates and education documents are in one place for your licensing consultant. SafePass does not update MiRegistry for you.

Lead teachers

R 400.8210 Effective May 2025 Centers View rule R 400.8210

Required for each group of preschool age and younger, present full time (or at least 6 hours a day in programs open 6 or more hours). At least 19, with a high school diploma or GED, plus one of three routes (for example, a year of experience and 15 hours of specified MiRegistry training in a Great Start to Quality center, or a CDA or associate degree plus the same training). Infant and toddler lead teachers also need 3 semester hours, 4.5 CEUs or a 45-hour MiRegistry infant-toddler track within 6 months of hire.

Teachers and volunteers

MCL 722.111(1)(a); R 400.8103 Effective June 2024 CentersGroup child care homesFamily child care View rule MCL 722.111(1)(a); R 400.8103

Child care staff members, including teachers, must be at least 16. Supervised volunteers (16 or older) never count in ratio; unsupervised volunteers count only after MiLEAP finds them eligible through the background check system.

Home staff, assistants and MiRegistry

R 400.1920, R 400.1921, R 400.1922 Effective April 2026 Group child care homesFamily child care View rule R 400.1920, R 400.1921, R 400.1922

Home staff members must be 16 or older, cleared by MiLEAP before contact with children, and hold pediatric first aid and infant, child and adult CPR before caring for children. Child care assistants are 14 or 15, directly supervised at all times, never left in charge and never drive children; they need first aid and CPR within 90 days. All home staff need a MiRegistry account and verified employment entry within 30 days.

SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so CPR and first aid cards, training certificates and education documents are in one place for your licensing consultant. SafePass does not update MiRegistry for you.

Comprehensive background check

MCL 722.115n; R 400.8201, R 400.1919 Effective March 2018 CentersGroup child care homesFamily child care View rule MCL 722.115n; R 400.8201, R 400.1919

Licensees, staff members, unsupervised volunteers and (in homes) adult household members are checked against MiLEAP's own discipline records, the national sex offender registry, the criminal registries of every state lived in during the past 5 years, and Michigan State Police and FBI fingerprint records. MiLEAP must give an eligible or ineligible answer within 45 days. A new staff member may work while the check is pending only if supervised at all times by someone already found eligible. Anyone found ineligible must be kept off the premises and disconnected from the system immediately.

SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page. It is not connected to Michigan's child care background check system, so keep the eligibility letters on file.

Central registry clearance and barred convictions

MCL 722.119 Effective November 2022 CentersGroup child care homesFamily child care View rule MCL 722.119

No one may have contact with children until they provide documentation that they are not named as a perpetrator in Michigan's child abuse and neglect central registry. People convicted of child abuse or neglect, or of a felony involving harm to a person within the past 10 years, are barred.

Volunteers, assistants and sex offender registries

R 400.8213(2)-(3), R 400.1903(1)(r)-(s) Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8213(2)-(3), R 400.1903(1)(r)-(s)

Supervised volunteers (and, in homes, child care assistants) must be cleared by the licensee against the Michigan State Police sex offender registry or the national Dru Sjodin registry before any contact with children, with a copy kept on file. Every program needs a written policy on screening and supervising staff and volunteers, including parent volunteers.

Home reporting duties

R 400.1903(1)(f) Effective April 2026 Group child care homesFamily child care View rule R 400.1903(1)(f)

Within 3 business days, a home licensee must tell MiLEAP about household changes and about any arrest, conviction or qualifying arraignment, child protective services investigation, parole or probation, or admission to or release from a jail or treatment facility of a household member or staff member. Center licensees report their own arraignments and convictions within 3 business days (R 400.8110).

Center orientation and health and safety training

R 400.8216 Effective May 2025 Centers View rule R 400.8216

Within 30 days and before caring for children, program staff and unsupervised volunteers are trained on shaken baby syndrome and safe sleep (if serving infants or toddlers), abusive head trauma, child maltreatment, and recognizing and reporting abuse, plus center policies, ratios, discipline and illness procedures. Within 90 days and before working unsupervised they complete MiRegistry courses on medication, food allergies, building safety, hazardous materials, transportation (if offered), child development and pediatric first aid and CPR. At least half of program staff must hold current pediatric first aid and CPR at licensing and renewal.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

Center annual professional development

R 400.8216a Effective May 2025 Centers View rule R 400.8216a

Program staff need 16 clock hours each calendar year (10 in small capacity centers). Substitute teachers need 10 hours if they average 20 or more hours a week and 5 if less; unsupervised volunteers need 2. Online courses must include an assessment. Keep an ongoing professional development plan.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

Home new hire training and annual hours

R 400.1923, R 400.1924 Effective April 2026 Group child care homesFamily child care View rule R 400.1923, R 400.1924

All home staff finish the home's new hire training (14 topics, from safe sleep and abuse reporting to emergency plans, medication, food allergies and first aid/CPR) within 90 days and before caring for children unsupervised. Each calendar year the licensee completes 10 clock hours, other staff 5, and unsupervised volunteers and drivers 1 hour each. First aid and CPR cards must stay current.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

Supervision

R 400.1929, R 400.8213(1) Effective April 2026 CentersGroup child care homesFamily child care View rule R 400.1929, R 400.8213(1)

Staff and volunteers must provide appropriate care and supervision at all times. In homes, the licensee or a staff member must be in the home and awake whenever children are in care (except under the nighttime care rule), know where every child is, never leave a child alone or with a minor in a vehicle, and directly supervise any child in or near water.

Reporting incidents to MiLEAP

R 400.8266, R 400.1941 Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8266, R 400.1941

Call the parent immediately and MiLEAP within 24 hours if a child dies in care. Report to the parent the same day and to MiLEAP within 24 hours if a child is lost or left unsupervised. Report within 24 hours an allegation of inappropriate contact, a fire that needed suppression equipment or caused loss, any evacuation, and (after a parent tells you) any medical treatment or hospitalization for something that happened in care; homes also report serious injuries. A written report follows within 72 hours.

SafePass tip: SafePass incident reports record what happened, the action taken and first aid, notify the parent, and capture the parent's e-signature. Calling MiLEAP and filing its written report are still up to you.

Illness and communicable disease

R 400.8263, R 400.1940 Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8263, R 400.1940

Have a written plan for telling parents about health changes, injuries and illness, and an exclusion policy. A child too ill to stay is separated and supervised until picked up. When someone in care has a communicable disease, centers tell parents the disease, its symptoms and CDC prevention measures; homes notify parents of exposed children.

SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.

Mandated reporting

R 400.8213(1)(c), R 400.1903(1)(q) Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8213(1)(c), R 400.1903(1)(q)

All staff, volunteers and (in homes) adult household members are mandated reporters. They call Children's Protective Services at 855-444-3911 immediately on reasonable cause to suspect abuse or neglect and follow with a written report within 72 hours, and sign a statement at hire acknowledging this duty.

Parents' access and smoking

MCL 722.113a, 722.113b Effective March 2018 CentersGroup child care homesFamily child care View rule MCL 722.113a, 722.113b

Parents may visit their child at any time during hours of operation, and prospective parents may visit before enrolling. Smoking is banned in centers and on center property, with a posted notice; homes may not allow smoking or vaping on the premises during hours of operation, on field trips or in vehicles with children, must post a notice, and must tell parents if anyone smokes or vapes there outside child care hours (R 400.1918).

Equipment, furniture and recalls

R 400.8131, R 400.1909 Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8131, R 400.1909

No toys, equipment or furnishings recalled or flagged by the Consumer Product Safety Commission, and the current list of unsafe children's products must be posted (or electronic access to it provided). Furniture and play equipment must be safe, clean, in good repair and child-sized. Trampolines and bounce houses are banned in centers; homes may not use them indoors (outdoor bounce houses are allowed with direct supervision). Teething necklaces, bracelets and beads are banned. Homes may not give children under 3 toys or balls small enough to choke on.

Center premises

R 400.8134(2), R 400.8158, R 400.8161 Effective May 2025 Centers View rule R 400.8134(2), R 400.8158, R 400.8161

No heavy objects such as shelving or televisions above cribs, cots or mats. Elevated stairs and walkways need barriers and handrails built for children, and outside doors may not be propped open. No flaking paint, and centers built before 1978 need a lead-based paint inspection and risk assessment by a certified assessor before the original license. Centers adopt an integrated pest management policy.

Center playgrounds

R 400.8125 Effective May 2025 Centers View rule R 400.8125

A certified playground safety inspector must approve equipment, use zones and surfacing before the original license and before new equipment is used. Elevated equipment needs shock-absorbing surfacing (never loose fill over concrete or asphalt), the area needs a fence or barrier at least 48 inches high where there are hazards, and staff check it daily before use.

Home hazards, firearms and radon

R 400.1913, R 400.1916, R 400.1915 Effective April 2026 Group child care homesFamily child care View rule R 400.1913, R 400.1916, R 400.1915

Store hazardous items, alcohol, tobacco, marijuana and vaping products securely out of reach. Handrails are needed for 3 or more steps. Tell parents before pesticide treatments and, in homes built before 1978, before work that could disturb lead paint. Firearms must be unloaded and locked in a gun safe or with a trigger lock, with ammunition locked separately. Test for radon before licensing and every 4 years; above 4 picocuries per liter you must tell parents and install mitigation. Carbon monoxide detectors go on every child-care level.

Home water hazards

R 400.1934 Effective April 2026 Group child care homesFamily child care View rule R 400.1934

Pools, ponds, ditches and wells need barriers. Hot tubs must have a locked hard cover and can't be used while children are in care. Children under 3 in the water need 1 adult per child, public swimming areas need a lifeguard, and parents give written permission for water activities.

Center emergency preparedness and drills

R 400.8269 Effective May 2025 Centers View rule R 400.8269

Written plans for fires, tornadoes, floods, power outages, extreme weather, other disasters, serious injuries, bomb threats and intruders or active shooters, covering evacuation, relocation, shelter-in-place, lockdown, family reunification, continuity, and children with special needs, infants and toddlers and chronic conditions. Post the fire, tornado, flood and power outage plans. Hold a fire drill at least every 3 months, at least 2 tornado drills between March and November, and other drills yearly, logging the date and time of each. Train staff on their duties at least twice a year.

SafePass tip: SafePass's checked-in list shows who is in care right now, which is the attendance record you take out the door, and parent messaging can reach every family at once for reunification. SafePass does not keep a drill log.

Home emergency plans and drills

R 400.1939 Effective April 2026 Group child care homesFamily child care View rule R 400.1939

The same kinds of plans, plus water emergencies. Post the fire, tornado, serious injury, water and flood plans. Practice fire drills at least every 3 months while children are present, using the smoke detector as the alarm; at least 2 tornado drills between March and November; and other drills yearly. Log the date, time and evacuation time of each drill.

Smoke detectors and extinguishers

R 400.1948, R 400.8540 Effective April 2026 CentersGroup child care homesFamily child care View rule R 400.1948, R 400.8540

Homes need working smoke detectors on every floor including the basement and in every room where children sleep, and a 2A-10BC fire extinguisher mounted no higher than 5 feet on each child-use floor. Centers need smoke alarms covering all use areas and exits, spaced per NFPA 72 (tied into the fire alarm system where there is one), and, with fuel-fired heat, a carbon monoxide detector on every child-care level and furnace zone.

Giving medication in centers

R 400.8260 Effective May 2025 Centers View rule R 400.8260

Only program staff give medication, prescription or over-the-counter, and only with the parent's prior written permission. Medication stays in the original labeled container (prescriptions with the pharmacy label), out of children's reach, and is never added to a bottle or food unless the label says so. Log the time and amount of each dose with the staff member's signature, one form per medication. Topical products such as sunscreen, diaper cream and insect repellent need yearly written permission but no dose log.

SafePass tip: SafePass collects the parent's signed medication request electronically, staff approve it, and each dose is logged with the time, amount and staff name.

Giving medication in homes

R 400.1931 Effective April 2026 Group child care homesFamily child care View rule R 400.1931

Only the licensee or a child care staff member may give medication (never an assistant or supervised volunteer), with prior written parent permission, from the original labeled container, following the label unless a doctor orders otherwise. Record the date, time and amount of every dose and keep records 2 years. Topical over-the-counter products such as sunscreen are exempt from the who-gives-it and logging requirements.

SafePass tip: SafePass logs each dose with the time, amount and staff name, and parents are notified.

Children in centers

R 400.8112(2)-(9) Effective May 2025 Centers View rule R 400.8112(2)-(9)

At a child's first attendance the center documents an immunization certificate showing at least one dose of each required vaccine, a medical contraindication signed by an MD or DO, or a nonmedical waiver on the state health department's form. Centers report enrolled children's immunizations to the Michigan Department of Health and Human Services by October 1 each year. Infants, toddlers and preschoolers need a physical evaluation on file within 30 days, updated every 13 months for infants and toddlers and every 2 years for preschoolers. School-age children need a yearly parent health statement.

SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field. It does not report to MCIR or MDHHS for you.

Children and adults in homes

R 400.1907(1)(c), R 400.1933 Effective April 2026 Group child care homesFamily child care View rule R 400.1907(1)(c), R 400.1933

Before a child's first day, the home documents that immunizations are complete, in progress or waived by the parent, and updates records yearly. The licensee, staff and assistants need a physician's statement of physical and mental health within the year before licensing or caring for children, renewed at each license renewal. Anyone with a communicable disease such as TB, flu, measles or strep must stay away from the children, and parents must be told if minors living in the home aren't fully immunized.

Center meals and infant feeding

R 400.8330, R 400.8335 Effective May 2025 Centers View rule R 400.8330, R 400.8335

Meals must meet the CACFP pattern (7 CFR 226). Programs of 2.5 to 4 hours serve at least 1 snack; 4 to 6 hours, a meal and a snack; 7 to 10 hours, a meal and 2 snacks or 2 meals and a snack; 11 hours or more, 2 meals and 2 snacks. Water is available all day for children 1 and older. Infants are fed on demand and held for bottles; bottle propping and microwave warming are banned, bottles are discarded after an hour, and infants and toddlers may not have popcorn, nuts, whole grapes, hot dogs or other choking foods. Menus are dated and shared with parents, and breastfeeding mothers get a designated space.

SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.

Food allergy plan

R 400.8269a, R 400.1937 Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8269a, R 400.1937

Have a written plan with a care plan for each allergic child (allergies, medicines and doses, and how to recognize a reaction) that goes on field trips; prevention steps (tell families which allergens to keep out, post the child's name and allergy with parent approval, train staff on anaphylaxis, no food sharing); and emergency steps. Call 911 whenever epinephrine is given or a serious reaction occurs, and tell parents immediately about any exposure.

SafePass tip: SafePass registration packets collect allergies and medical notes, and they show on the child's profile for staff.

Home meals

R 400.1938 Effective April 2026 Group child care homesFamily child care View rule R 400.1938

Meals and snacks meet the CACFP meal pattern unless parents provide the food (with a written agreement). Offer food at least every 4 hours while awake, keep drinking water available, and don't give children under 3 choking foods. Label bottles with the child's name and date, never warm them in a microwave or slow cooker, discard after an hour, and never prop bottles.

SafePass tip: SafePass daily logs can record each feeding for parents to see.

Center safe sleep

R 400.8219, R 400.8134 Effective May 2025 Centers View rule R 400.8219, R 400.8134

Infants sleep alone in a crib or portable crib, placed on their backs with heads uncovered; babies who can roll both ways may then choose their position. Monitor each sleeping infant's breathing, position and bedding frequently. No soft objects, bumpers, blankets or stuffed toys in or within reach of the crib, and no blankets draped over cribs. Car seats, swings, bassinets and play yards are not approved sleep equipment in centers. Swaddling only up to 2 months of age. Cribs are 2 feet apart and cots and mats 18 inches apart. A different sleep position needs signed instructions from the child's health care provider, with an end date.

SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep-check logs.

Home safe sleep

R 400.1930, R 400.1910 Effective April 2026 Group child care homesFamily child care View rule R 400.1930, R 400.1910

Infants sleep on their backs, alone, in a crib, portable crib or play yard meeting federal standards (play yard mattresses from the play yard's maker and made after February 19, 2014), with no soft objects or pillows. Children 24 months and younger may not sleep in car seats, swings, bassinets, high chairs, adult beds, sofas, bean bags or other soft surfaces, and must be moved to approved equipment if they fall asleep elsewhere. Swaddle sacks only under 2 months. Staff keep watching infants' breathing and position.

SafePass tip: SafePass nap logs record nap start and end times.

Positive discipline and prohibited punishment

R 400.8280, R 400.1942 Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8280, R 400.1942

Use positive methods that build self-control. Banned: hitting, spanking, shaking, biting, pinching or other corporal punishment; putting soap, hot sauce or anything else in a child's mouth; binding or tying; humiliating, shaming or threatening; withholding food, rest or toileting; keeping a child from outdoor play or daily learning; and isolating a child where they can't be seen. No time-out for children under 3. A gentle restraint for a child with behavioral needs is allowed only under a plan the parent approves. Have a written discipline policy and give it to staff and parents.

SafePass tip: SafePass incident reports and parent messaging give you a dated record of behavior notes shared with families.

Licensing notebook

MCL 722.113g; R 400.8110(4), R 400.1906(3) Effective June 2022 CentersGroup child care homesFamily child care View rule MCL 722.113g; R 400.8110(4), R 400.1906(3)

Keep a notebook with all licensing inspections, special investigation reports, corrective action plans and approval letters from the past 3 years, with a summary sheet, where parents and prospective parents can see it during business hours (or give access to MiLEAP's online licensing records if the program has internet). Tell parents it is available.

Center postings and parent handbook

R 400.8110(3), R 400.8113 Effective May 2025 Centers View rule R 400.8110(3), R 400.8113

Post the license (and any variance), make the rules available to parents, and post a notice that the center requires background checks. Give each family a handbook covering admission, hours, fees, discipline, food, daily routine, injury and illness notification, transportation, medication and illness exclusion, and keep proof they received it. Parents of infants and toddlers get a written daily record of feeding, sleep, diapering, milestones and behavior changes.

SafePass tip: SafePass daily logs (meals, naps and diapers) shared with parents in the app cover the feeding, sleep and diapering parts of the infant and toddler daily record; use the notes for milestones and behavior changes.

Child and staff files

R 400.8112(1), R 400.8112a, R 400.1906, R 400.1907 Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8112(1), R 400.8112a, R 400.1906, R 400.1907

A child information card, signed by the parent, before or at the first day (homes also use MiLEAP's child in care statement, which records the discipline policy, health, food arrangements, firearms on the premises and lead paint notice). Staff files hold qualifications, health statements (homes) and daily arrival and departure times. Keep records at least 2 years, and child and staff contact and qualification records for 2 years after the person leaves.

SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.

Daily attendance and release

R 400.8112(10)-(12), R 400.1907(3), R 400.1903(1)(i) Effective May 2025 CentersGroup child care homesFamily child care View rule R 400.8112(10)-(12), R 400.1907(3), R 400.1903(1)(i)

Keep an accurate daily attendance record with each child's first and last name and arrival and departure times. Release a child only to people the parent has authorized (in writing, in homes). Centers release to either parent unless a court order says otherwise and keep a copy of the order. Centers also record daily arrival and departure times for staff, volunteers and outside service providers (R 400.8112a).

SafePass tip: SafePass Kiosk records each check-in and check-out with a timestamp, so you can see who is present at any moment, and it exports attendance reports as PDF. At check-out it shows staff the child's authorized pickups, with photos, and records who picked the child up.

Center vehicles and drivers

R 400.8720, R 400.8750 Centers View rule R 400.8720, R 400.8750

Vehicles get a yearly inspection by a licensed mechanic (school buses as directed by the State Police). Vans seating 11 or more are banned, seats may not face sideways, and children ride in a truck only in the cab. Drivers are 18 or older, properly licensed, with no more than 6 points; the center keeps each driver's record from the Secretary of State, pulled at least yearly.

Center trip safety and permission

R 400.8760(3)-(5), R 400.8770, R 400.8780 Effective May 2025 Centers View rule R 400.8760(3)-(5), R 400.8770, R 400.8780

Hand each child to a staff member, parent or designated person at the vehicle, load from the curb, and never leave a child alone in a vehicle. Children under school age may not ride more than 1.5 continuous hours. Get written parent permission yearly for routine transportation and before each non-routine trip.

SafePass tip: SafePass does not keep transportation or vehicle check logs; use the checked-in list to confirm every child arrived.

Home transportation

R 400.1951, R 400.1952 Effective April 2026 Group child care homesFamily child care View rule R 400.1951, R 400.1952

Drivers are adults with a valid license, registration and insurance; a driver who counts in ratio or is alone with children needs a background check. Every child rides in an age-appropriate restraint installed to the maker's instructions, within the vehicle's seating capacity. Carry each child's information card and a stocked first aid kit. Get written permission yearly for routine rides, before each other ride, and at enrollment for walking trips.

Inspections

MCL 722.113h, 722.115m(2), 722.120 Effective June 2022 CentersGroup child care homesFamily child care View rule MCL 722.113h, 722.115m(2), 722.120

MiLEAP must make an on-site visit before issuing or renewing a license, and licenses renew every 2 years (MCL 722.118). Inspections under the state child care plan are unannounced unless MiLEAP decides an appointment is needed. Licensees must let consultants in, give access to records, and allow interviews with staff and household members and photographs.

SafePass tip: SafePass attendance, incident and medication records can be pulled up on a tablet during a visit.

Special investigations and parent notice

MCL 722.113f Effective March 2018 CentersGroup child care homesFamily child care View rule MCL 722.113f

When MiLEAP opens a high-risk special investigation, the program must make a good-faith effort within 24 hours to tell the parents of children who were there when the incident happened (or who are in contact with the person being investigated), and send written notice within 1 business day. Not doing so can lead to suspension.

Provisional licenses, revocation and refusal to renew

MCL 722.121, 722.117a Effective June 2022 CentersGroup child care homesFamily child care View rule MCL 722.121, 722.117a

For willful and substantial violations, MiLEAP may modify a license to provisional, refuse renewal, revoke it, or deny an application. A program whose license was revoked or denied because a violation caused a child's severe injury, sexual abuse or death cannot be licensed again.

Penalties for violations and unlicensed care

MCL 722.125 Effective March 2018 CentersGroup child care homesFamily child care View rule MCL 722.125

Violating the act, including operating without a license, is a misdemeanor punishable by a $100 to $1,000 fine and up to 90 days in jail. A home that intentionally violates a licensing rule in a way that causes a child's death faces a second-degree child abuse charge and permanent revocation. After a revocation, denial or conviction, MiLEAP may refuse a new license for at least 5 years.

Appealing a revocation, refusal or denial

MCL 722.121(2) Effective June 2022 CentersGroup child care homesFamily child care View rule MCL 722.121(2)

MiLEAP must give written notice of the grounds. You have 30 days after receiving it to appeal in writing to the department director, which starts a hearing under chapters 4 and 5 of the Administrative Procedures Act, where you can testify and confront witnesses. Without an appeal, the action takes effect. The same 30-day appeal applies when MiLEAP moves to make a license provisional (MCL 722.117a).

Background check redetermination

MCL 722.115n(11) Effective March 2018 CentersGroup child care homesFamily child care View rule MCL 722.115n(11)

A person found ineligible may ask MiLEAP for a redetermination within 30 calendar days of the notice, with court or other records if a conviction or registry case was expunged or set aside. MiLEAP decides within 30 business days, and that decision is final.

Rule variances

R 400.8104, R 400.1908 CentersGroup child care homesFamily child care View rule R 400.8104, R 400.1908

On written request, MiLEAP may grant a variance from a rule if the alternative gives clear and convincing evidence that children's health, welfare and safety are protected. Keep the decision and its conditions on file. No variance is possible from the statute, and in homes not from the capacity or discipline rules.