(1) The department shall make a separate count of children, apart from the initial licensure or registration determination count, to determine the type of license or registration required. The licensure or registration type count shall not include the provider's own children age six or over who attend school full time. The licensure or registration type count shall include all children, including the provider's own children under age six, who are present during hours when supplemental parental care is provided.
(2) The licensure or registration count shall determine:
(a) whether the provider must be registered as a family day care home or group day care home, or licensed as a day care center;
(b) whether the day care facility is in compliance with applicable staff to child ratios;
(c) whether sufficient space is provided; and
(d) whether any other safety, health or program requirements or registration or licensure restriction requiring counting of children is affected or violated.