Md. Code, Education § 9.5-1002 — MD Code / Article ged / Title 9.5 / Subtitle 10 / Section 9.5-1002
§9.
Status: in_force

§9.5–1002.

(a) A family support center shall be known as a “Patty Center”.

(b) A family support center shall provide parents and their children with a hospitable and constructive environment and services that:

(1) Improve parenting skills;

(2) Develop the family as a functioning unit; and

(3) Promote the growth and development of their children.

(c) (1) (i) For fiscal year 2021, the State shall provide funding for six additional centers.

(ii) For each of fiscal years 2022 through 2029, the State shall provide funding for three additional centers per fiscal year.

(2) The Governor shall appropriate in each of fiscal years 2021 through 2030 $330,000 for each additional center required under this subsection.

(d) The Department shall select the location for the centers funded under subsection (c) of this section.

(e) (1) A family support center may receive multiyear funding.

(2) If a family support center receives multiyear funding, funding may be used for planning and development in the first year of funding for the family support center.
Md. Code, State Government § 9.5-312 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-312
§9.
Status: in_force

§9.5–312.

(a) In a matter within the scope of this subtitle, a person may not:

(1) knowingly and willfully falsify or conceal a material fact by trick, scheme, or device;

(2) make a false, fictitious, or fraudulent statement or representation; or

(3) make or use a false writing or document knowing the writing or document contains a false, fictitious, or fraudulent statement or entry.

(b) Except as otherwise provided by law, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
Md. Code, Family Law § 9.5-203 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-203
§9.
Status: in_force

§9.5–203.

Except as otherwise provided in § 9.5-204 of this subtitle, a court of this State may not modify a child custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under § 9.5-201(a)(1) or (2) of this subtitle and:

(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under § 9.5-202 of this subtitle or that a court of this State would be a more convenient forum under § 9.5-207 of this subtitle; or

(2) a court of this State or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
Md. Code, Business Occupations and Professions § 9.5-102 — MD Code / Article gbo / Title 9.5 / Subtitle 1 / Section 9.5-102
§9.
Status: in_force

§9.5–102.

Notwithstanding any other provision of law, a person may not:

(1) operate a crane in the State for the purpose of construction work or demolition work unless the person holds a Certificate of Competence; or

(2) authorize a person to operate a crane in the State for the purpose of construction work or demolition work unless the operator holds a Certificate of Competence.
Md. Code, Education § 9.5-321 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-321
§9.
Status: in_force

§9.5–321.

The State Board shall promulgate such rules as are necessary to carry out the purposes of this subtitle.
Md. Code, Education § 9.5-413 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-413
§9.
Status: in_force

§9.5–413.

Within 30 days after a child under the age of 6 years enters care in a child care center, a parent or guardian of the child shall provide to the child care center evidence of an appropriate screening for lead poisoning. This evidence may include documentation from the child’s continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.
Md. Code, Education § 9.5-208 — MD Code / Article ged / Title 9.5 / Subtitle 2 / Section 9.5-208
§9.
Status: in_force

§9.5–208.

(a) The Council shall:

(1) Conduct a periodic statewide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including:

(i) The availability of high–quality prekindergarten services for low–income children in the State;

(ii) Health–related barriers to school readiness and early childhood educational success; and

(iii) An assessment of the availability of high–quality early childhood education and development programs that serve children with and without disabilities together;

(2) Identify opportunities for, and barriers to, collaboration and coordination among federally funded and State–funded child development, child care, and early childhood education programs;

(3) Assess the capacity and effectiveness of 2–year and 4–year public and private institutions of higher education in the State toward supporting the development of early childhood educators, including the extent to which the institutions have articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in a Head Start or prekindergarten program;

(4) Make recommendations:

(i) For increasing the overall participation of children in existing federal, State, and local child care and early childhood education programs, including outreach to underrepresented and special populations;

(ii) Regarding the establishment of a unified data collection system for public early childhood education and development programs and services throughout the State;

(iii) Regarding statewide professional development and career advancement plans for early childhood educators in the State; and

(iv) For improvements to State early learning standards and how to undertake efforts to develop high–quality comprehensive early learning standards, as appropriate;

(5) Hold public hearings and provide an opportunity for public comment on the activities described in items (1) through (4) of this subsection; and

(6) Perform any other duties that may be requested by the Governor.

(b) (1) On or before December 1, 2015, the Council shall submit to the Governor, the State Superintendent of Schools, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, a statewide strategic report on the activities described in subsection (a)(1) through (4) of this section.

(2) After submission of the report required under paragraph (1) of this subsection, the Council shall continue to meet periodically to review implementation of the report’s recommendations and any changes in State and local needs after submission of the report.
Md. Code, Education § 9.5-404 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-404
§9.
Status: in_force

§9.5–404.

(a) The State Board shall adopt rules and regulations for licensing and operating child care centers.

(b) These rules and regulations shall:

(1) Ensure safe and sanitary conditions in child care centers;

(2) Ensure proper care, protection, and supervision of children in child care centers;

(3) Ensure the health of children in child care centers by:

(i) Monitoring children for signs and symptoms of child abuse;

(ii) Instructing licensees and staff concerning child abuse detection and reporting;

(iii) Monitoring health practices to help prevent the spread of disease;

(iv) Monitoring the care of infants and children with special needs; and

(v) Prohibiting the administration of corporal punishment to discipline a child;

(4) Promote the sound growth and development of children in child care centers;

(5) Promote proper nutrition and developmentally appropriate practices by:

(i) Establishing training and policies promoting breast–feeding;

(ii) 1. Requiring compliance with the United States Department of Agriculture Child and Adult Care Food Program standards for beverages served to children, except that milk that is not nonfat or low fat may be ordered by a health care practitioner or requested by a parent or guardian; and

2. Prohibiting beverages other than infant formula that contain added sweetener or caffeine; and

(iii) Setting limits on screen time;

(6) Carry out otherwise the purposes and requirements of this subtitle, including imposition of intermediate sanctions to ensure compliance;

(7) Prohibit a child from remaining at a child care center for more than 14 hours in 1 day unless the Department issues an exception for that child based on guidelines set by the State Superintendent;

(8) (i) Require that a child care center have in attendance at all times at least 1 individual who is responsible for supervision of children, including children on field trips, and who holds a current certificate indicating successful completion of approved:

1. Basic first aid training through the American Red Cross or through a program with equivalent standards; and

2. Cardiopulmonary resuscitation (CPR) training through the American Heart Association or through a program with equivalent standards appropriate for the ages of children for whom care is provided in the child care center; and

(ii) Require that a child care center serving more than 20 children have in attendance certificate holders described in item (i) of this item in a ratio of certificate holders to children set by the Department;

(9) Require that the minimum age of a child care teacher in a child care center be at least 18 years old and an individual may not be precluded from being a child care teacher solely for being 18 years old;

(10) (i) Require that a child care center that receives notice of a contaminated drinking water supply from the child care center’s supplier of water, in accordance with § 9–410 of the Environment Article or otherwise, send notice of the drinking water contamination to the parent or legal guardian of each child attending the child care center; and

(ii) Require that the notice sent by the child care center shall:

1. Be sent within 10 business days after receipt of the notice of contamination from the child care center’s water supplier;

2. Be in writing;

3. Identify the contaminants and their levels in the center’s water supply; and

4. Describe the child care center’s plan for dealing with the water contamination problem until the child care center’s water is determined by the appropriate authority to be safe for consumption;

(11) (i) Require a child care center to have a written emergency preparedness plan for emergency situations that require evacuation, sheltering in place, or other protection of children, such as in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the child care center;

(ii) Require the plan under item (i) of this item to include:

1. A designated relocation site and evacuation route;

2. Procedures for notifying parents or other adults responsible for the child of the relocation;

3. Procedures to address the needs of individual children, including children with special needs;

4. Procedures for the reassignment of staff duties during an emergency, as appropriate; and

5. Procedures for communicating with local emergency management officials or other appropriate State or local authorities; and

(iii) Require a child care center to train staff and ensure that staff are familiar with the plan;

(12) Require a child care center to have window coverings in accordance with § 5–505 of the Family Law Article; and

(13) Subject to subsection (c) of this section, establish probationary employment qualifications for an individual who is applying for the first time to be a child care teacher in a child care center in the State that serves preschool or school–age children who are at least 3 years old.

(c) (1) The probationary employment qualifications established under subsection (b)(13) of this section shall allow an individual to be employed as a child care teacher during a probationary period if the individual:

(i) 1. Is enrolled in approved pre–service training;

2. Successfully completes the required 90 hours of the approved pre–service training within 6 months after being hired; and

3. Holds an associate degree or a bachelor’s degree in:

A. Early childhood education;

B. Elementary education;

C. Child development;

D. Home economics;

E. Nursing;

F. Social work;

G. Special education; or

H. A related field approved by the Department; or

(ii) 1. Is enrolled in approved pre–service training;

2. Has successfully completed at least 45 hours of the approved pre–service training at the time the child care center hires the individual;

3. Successfully completes the remaining hours of the pre–service training within 6 months after being hired; and

4. Holds an associate degree or a bachelor’s degree in a field other than a field listed under item (i)3 of this paragraph.

(2) If, at the end of the 6–month probationary period, an individual described in paragraph (1) of this subsection has not completed the required pre–service training, the child care center shall, with no further cause, terminate the individual or reassign the individual to a nonteaching position.
Md. Code, Education § 9.5-908 — MD Code / Article ged / Title 9.5 / Subtitle 9 / Section 9.5-908
§9.
Status: in_force

§9.5–908.

(a) The Department shall designate a primary contact employee for early child care in the Office.

(b) The Department’s primary contact employee shall be appointed by the Director of the Office.

(c) The Department’s primary contact employee shall:

(1) Assist child care providers and individuals to understand the process for publishing in EXCELS and improving quality rating; and

(2) Actively assist child care providers and individuals to apply for accreditation and funds provided by this subtitle.
Md. Code, Business Occupations and Professions § 9.5-107 — MD Code / Article gbo / Title 9.5 / Subtitle 1 / Section 9.5-107
§9.
Status: in_force

§9.5–107.

This title shall be known as the “Maryland Safe Crane Operators Act”.
Md. Code, Education § 9.5-901 — MD Code / Article ged / Title 9.5 / Subtitle 9 / Section 9.5-901
§9.
Status: in_force

§9.5–901.

In this subtitle, “Office” means the Office of Child Care within the Department.
Md. Code, Family Law § 9.5-304 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-304
§9.
Status: in_force

§9.5–304.

(a) A court of this State that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

(1) a visitation schedule made by a court of another state; or

(2) the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(b) (1) If a court of this State makes an order under subsection (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Subtitle 2 of this title.

(2) The order remains in effect until an order is obtained from the other court or the period expires.
Md. Code, Family Law § 9.5-209 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-209
§9.
Status: in_force

§9.5–209.

(a) (1) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period.

(2) The pleading or affidavit must state whether the party:

(i) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;

(ii) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and

(iii) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) (1) If the declaration as to any of the items described in subsection (a)(2)(i) through (iii) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court.

(2) The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
Md. Code, Education § 9.5-609 — MD Code / Article ged / Title 9.5 / Subtitle 6 / Section 9.5-609
§9.
Status: in_force

§9.5–609.

The State Superintendent shall adopt regulations necessary to carry out the purposes of this subtitle.
Md. Code, Education § 9.5-307 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-307
§9.
Status: in_force

§9.5–307.

(a) The State Superintendent or other authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any unregistered family child care home to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to family child care homes.

(b) (1) The application for an administrative search warrant shall be in writing and signed and sworn by the State Superintendent and shall particularly describe the place, structure, premises, or records to be inspected and the nature, scope, and purpose of the inspection to be conducted.

(2) Before the filing of an administrative search warrant application with a court, the application shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.

(c) A judge of a District Court or circuit court in the jurisdiction in which the unregistered family child care home is located may issue an administrative search warrant on finding that:

(1) The Department has reasonably sought and been denied access to an unregistered family child care home for the purpose of making an inspection;

(2) The requirements of subsection (b) of this section are met;

(3) The official or employee of the Department is authorized or required by law to make an inspection of the unregistered family child care home for which the warrant is sought; and

(4) The Department has shown probable cause for the issuance of the warrant by specific evidence:

(i) Of an existing violation of § 9.5–304 of this subtitle; and

(ii) That the health, safety, and welfare of the children in the unregistered family child care home are substantially threatened due to conditions in the unregistered family child care home.

(d) The administrative search warrant issued under this section shall specify the place, structure, premises, or records to be inspected and shall be enforceable during operating hours for a period not exceeding 15 days from the date of issuance.

(e) (1) An administrative search warrant issued under this section authorizes the State Superintendent and other officials or employees of the Department or the Department of Human Services to enter the specified property to perform the inspection and other functions authorized by law to determine compliance with the provisions of this subtitle relating to family child care homes and large family child care homes.

(2) The inspection may not exceed the limits specified in the warrant.
Md. Code, Education § 9.5-111 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-111
§9.
Status: in_force

§9.5–111.

(a) (1) In this section the following words have the meanings indicated.

(2) “Analysis” means the market rate survey or an alternative method allowable under federal law.

(3) “Program” means the Child Care Scholarship Program.

(b) (1) Beginning in 2017, and every 2 years thereafter, the Department shall conduct an analysis in order to formulate appropriate reimbursement rates for the Program.

(2) The Department, before conducting the analysis, shall consult with:

(i) The Office of Child Care Advisory Council;

(ii) Child care resource and referral agencies;

(iii) Child care worker organizations; and

(iv) Any other appropriate entities.

(c) On or before September 1, 2017, and by September 1 every 2 years thereafter, the Department shall report to the Joint Committee on Children, Youth, and Families, the Senate Budget and Taxation Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on:

(1) The methodology of the analysis required under subsection (b) of this section;

(2) Cost estimates for raising the Program’s reimbursement rates to the 45th, 55th, 65th, and 75th percentile of child care providers in each of the State’s market regions;

(3) The minimum base payment rate that is required for child care providers to meet health, safety, quality, and staffing requirements in accordance with federal law and the factors used to determine that rate;

(4) The rate adjustment that the Department will implement based on the analysis;

(5) Any adjustments to Program eligibility or family copay amount that will be implemented; and

(6) Any potential impacts on families and providers due to any adjustments made to the Program.

(d) (1) The Governor shall include in the annual State budget an appropriation from all fund sources for the Program that is not less than the total appropriation for the Program in fiscal year 2018 or fiscal year 2019, whichever is greater.

(2) Except as provided in paragraph (3) of this subsection, the Department may not make the following alterations to the Program in effect as of January 1, 2023:

(i) Reduce the reimbursement rates;

(ii) Reduce the income eligibility requirements; or

(iii) Implement a freeze in Program enrollment.

(3) (i) The Department may alter the Program in effect as of January 1, 2023, by reducing the reimbursement rates, reducing the income eligibility requirements, or implementing a freeze in Program enrollment, if:

1. The Department submits a notification to the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, the House Appropriations Committee, and the House Ways and Means Committee, in accordance with § 2–1257 of the State Government Article, on the intended Program alterations, including the reason for, and expected duration of, the proposed actions; and

2. The Program alterations identified in the notification are not implemented until the completion of the regular legislative session immediately following the submission of the notification.

(ii) If the Board of Public Works approves budget reductions for the Program under § 7–213 of the State Finance and Procurement Article for a certain fiscal year, the Department may reduce the reimbursement rates, reduce the income eligibility requirements, or implement a freeze in Program enrollment at any time during the fiscal year.

(4) The Department may not increase the copayment levels of the Program in effect as of January 1, 2024.

(e) The Governor shall, from all fund sources, appropriate funds in the annual State budget in an amount sufficient to raise the Program’s reimbursement rates for each region to:

(1) For fiscal year 2020, not less than the 30th percentile of the most recent market rate survey or its equivalent if an alternative methodology defined by the Department is used; and

(2) For fiscal year 2021 and each fiscal year thereafter, not less than the 60th percentile of the most recent market rate survey or its equivalent if an alternative methodology defined by the Department is used.
Md. Code, Education § 9.5-305 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-305
§9.
Status: in_force

§9.5–305.

(a) For purposes of this subtitle, a child care provider’s own children under the age of 2 years shall be counted as children served.

(b) (1) In a family child care home:

(i) There may not be more than:

1. 8 children in care at any given time; and

2. 4 children under the age of 2 years; and

(ii) There shall be an adult to child ratio of at least 1 adult to every 2 children under the age of 2 years.

(2) In a large family child care home:

(i) There may not be more than 12 children in care at any given time; and

(ii) There shall be a limit on the number of children under the age of 2 years and an adult to child ratio that comply with regulations adopted by the Department under § 9.5–303 of this subtitle.

(c) If the Department determines that the group size provisions of subsection (b) of this section are unsuitable for a particular family child care home or large family child care home, the Department may decrease the number of children permitted to be in care at that family child care home or large family child care home.
Md. Code, Education § 9.5-906 — MD Code / Article ged / Title 9.5 / Subtitle 9 / Section 9.5-906
§9.
Status: in_force

§9.5–906.

(a) The Office shall award a program that participates in the Maryland EXCELS Program a bonus:

(1) On initial publication of a quality rating level 1, 2, 3, or 4;

(2) On each publication of a higher quality rating level after the initial publication;

(3) On initial publication of a quality rating level 5; and

(4) Annually on renewal and republication of a quality rating level 5.

(b) (1) The Governor shall appropriate in fiscal year 2023 $5,000,000.

(2) For each of fiscal years 2024 through 2028, funding for the program shall increase by 10% over the prior fiscal year.
Md. Code, Agriculture § 9.5-201 — MD Code / Article gag / Title 9.5 / Subtitle 2 / Section 9.5-201
§9.
Status: in_force

§9.5–201.

There is an Invasive Plants Advisory Committee in the Department.
Md. Code, Family Law § 9.5-313 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-313
§9.
Status: in_force

§9.5–313.

A court of this State shall accord full faith and credit to an order issued by another state and consistent with this title that enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Subtitle 2 of this title.
Md. Code, Education § 9.5-301 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-301
§9.
Status: in_force

§9.5–301.

(a) In this subtitle the following words have the meanings indicated.

(b) “Child care provider” means the adult who has primary responsibility for the operation of a family child care home or a large family child care home.

(c) “Direct Grant Fund” means the Family Child Care Provider Direct Grant Fund.

(d) “Family child care” means the care given to a child under the age of 13 years or to any developmentally disabled person under the age of 21 years, in place of parental care for less than 24 hours a day, in a residence other than the child’s residence, for which the child care provider is paid.

(e) “Family child care home” means a residence in which family child care is provided for up to eight children.

(f) “Family child care provider” means an individual who cares for children in a registered family child care home or a registered large family child care home.

(g) “Large family child care home” means a residence in which family child care is provided for at least nine children, but not more than 12 children.

(h) “Unregistered family child care home” means a residence in which family child care is provided and in which the child care provider:

(1) Has not obtained a certificate of registration from the Department;

(2) Is not related by blood or marriage to each child in the provider’s care;

(3) Is not a friend of each child’s parents or legal guardian and is providing care on a regular basis; and

(4) Has not received the care of the child from a child placement agency licensed by the Department of Human Services or by a local department of social services.
Md. Code, Education § 9.5-116 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-116
§9.
Status: in_force

§9.5–116.

(a) (1) In this section the following words have the meanings indicated.

(2) “Community resources” includes:

(i) Judy Centers;

(ii) Patty Centers;

(iii) Head Start Centers;

(iv) Maryland Infant and Toddlers Program providers; and

(v) Other community stakeholders that serve children facing developmental, social, emotional, or behavioral health issues.

(3) “Initially eligible child” means a child under the age of 6 years who is enrolled in:

(i) A family child care home or large family child care home, registered under Subtitle 3 of this title;

(ii) A child care center that, in accordance with Subtitle 4 of this title, is licensed, has a certificate of approval from the Department, or has been issued a letter of compliance; or

(iii) A publicly funded full–day prekindergarten program under Title 7, Subtitle 1A of this article.

(4) “Potentially eligible child” means a child who is at least 6 years old and is enrolled in kindergarten, first grade, or second grade.

(5) “Program” means the Infant and Early Childhood Mental Health Support Services Program.

(b) (1) There is an Infant and Early Childhood Mental Health Support Services Program.

(2) The Program shall be administered by the Department.

(c) The purpose of the Program is to promote positive mental and behavioral health practices for young children who may have developmental, social, emotional, or behavioral issues.

(d) (1) The Department may accept for enrollment in the Program:

(i) Referrals from child care providers; and

(ii) Self–referrals from families of initially eligible children.

(2) The Program shall aid children enrolled in accordance with paragraph (1) of this subsection by:

(i) Referring children and families in need of intensive mental or behavioral health services to appropriate clinics or programs;

(ii) Training, coaching, and mentoring teachers and caregivers to address challenging behaviors;

(iii) Building partnerships with community resources;

(iv) Working to ensure children have stable, quality child care programs; and

(v) Awarding grants to carry out the Program.

(e) In implementing the Program, the Department may designate specific regions in the State and create unique approaches in each designated region.

(f) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $3,000,000 for the operation of the Program.

(g) The Department shall utilize additional available funding to support the Program.

(h) (1) (i) If the Program is able to serve all initially eligible children and has funds remaining for the Program, the Department shall consider potentially eligible children who may have developmental, social, emotional, or behavioral issues for enrollment in the Program.

(ii) The Department may accept for enrollment in the Program:

1. Referrals from child care providers; and

2. Self–referrals from families of potentially eligible children.

(2) The Program shall aid children enrolled in accordance with paragraph (1) of this subsection by:

(i) Referring children and families in need of intensive mental or behavioral health services to appropriate clinics or programs;

(ii) Training, coaching, and mentoring teachers and caregivers to address challenging behaviors;

(iii) Building partnerships with community resources; and

(iv) Awarding grants to carry out the Program.
Md. Code, Education § 9.5-1101 — MD Code / Article ged / Title 9.5 / Subtitle 11 / Section 9.5-1101
§9.
Status: in_force

§9.5–1101. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 779 OF 2023 //

(a) In this subtitle the following words have the meanings indicated.

(b) “Outdoor, nature–based early learning and child care program” means an early learning or child care program:

(1) That is primarily operated outdoors; and

(2) In which children are enrolled on a regular basis for 3 or more hours per day.

(c) “Pilot Program” means the Outdoor Preschool License Pilot Program.
Md. Code, State Government § 9.5-307 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-307
§9.
Status: in_force

§9.5–307.

The Commission shall:

(1) initiate, direct, and coordinate projects that further the understanding of Indian history and culture;

(2) survey historic buildings, sites, artifacts, archives, and repositories and publish and disseminate the results;

(3) make a comprehensive study of the influence of indigenous Indian tribes and their influence on Maryland history and culture, including as subjects of the study:

(i) Cherokees;

(ii) Chippewas;

(iii) Choptanks;

(iv) Creeks;

(v) Crees;

(vi) Delawares;

(vii) Haliwas;

(viii) Lumbees;

(ix) Nanticokes;

(x) Piscataways;

(xi) Potomacs;

(xii) Rappahannocks;

(xiii) Seminoles;

(xiv) Susquehannas; and

(xv) Wicomicos;

(4) study the status of all Indian communities in the State and assist them in obtaining recognition from the federal government;

(5) study the economic and social needs of Indians in the State and make recommendations to meet these needs;

(6) locate, preserve, and disseminate to the public information about significant buildings and sites relating to Indian history and culture in the State; and

(7) publish an annual report and any other material the Commission considers necessary.
Md. Code, Agriculture § 9.5-305 — MD Code / Article gag / Title 9.5 / Subtitle 3 / Section 9.5-305
§9.
Status: in_force

§9.5–305.

(a) The Secretary may bring an action for an injunction against a person to:

(1) Enforce this subtitle;

(2) Enforce an order of the Secretary under this subtitle; or

(3) Prevent or restrain a violation of this subtitle.

(b) In an action for an injunction brought under this section, the Secretary does not have to allege or prove that:

(1) An adequate remedy at law does not exist; or

(2) Substantial or irreparable damage would result from the continued violations.

(c) An injunction instituted under this section shall be issued without bond.
Md. Code, Education § 9.5-418 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-418
§9.
Status: in_force

§9.5–418.

(a) Except as provided in subsection (b) of this section and subject to the provisions of subsection (d) of this section, a person who violates any provision of this subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty imposed in a civil action not exceeding $1,000 for each violation.

(b) A person who violates § 9.5–405(a) or (e) or § 9.5–416 of this subtitle and is served a civil citation under that section is subject to a civil penalty as follows:

(1) $250 for the first violation;

(2) $500 for the second violation; and

(3) $1,000 for the third and each subsequent violation.

(c) Each day a violation occurs is a separate violation under this section.

(d) The total amount of civil penalties imposed in an action under this section may not exceed $5,000.
Md. Code, Education § 9.5-903 — MD Code / Article ged / Title 9.5 / Subtitle 9 / Section 9.5-903
§9.
Status: in_force

§9.5–903.

(a) There is a Child Care Incentive Grant Program.

(b) The Office may award funding to a child care provider through the program for the purpose of improving the child care provider’s quality of care through the purchase of Office–approved:

(1) Materials;

(2) Equipment; or

(3) Supplies.

(c) For each of fiscal years 2022 through 2030, funding for the program shall increase by 10% over the prior fiscal year.
Md. Code, State Government § 9.5-304 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-304
§9.
Status: in_force

§9.5–304.

The Commission shall elect annually a chair and a vice chair from among its members.
Md. Code, Business Occupations and Professions § 9.5-104 — MD Code / Article gbo / Title 9.5 / Subtitle 1 / Section 9.5-104
§9.
Status: in_force

§9.5–104.

(a) In addition to the powers conferred under this title, the Commissioner may use all powers conferred by law to the Commissioner to implement and enforce the provisions of this title.

(b) (1) The Commissioner or an agent of the Commissioner who has reason to believe that a person is or has been operating a crane in the State without a valid Certificate of Competence shall require the crane operator to provide proof that the crane operator holds a Certificate of Competence.

(2) If a crane operator fails to provide proof of a valid Certificate of Competence under paragraph (1) of this subsection, the Commissioner or the agent of the Commissioner shall issue a written notice to the person that:

(i) states that there has been a violation of this title, or regulations adopted under it, if any; and

(ii) requires the operation of the crane to cease unless operated by a person holding a valid Certificate of Competence.

(3) If a person fails to comply with a written notice issued under paragraph (2) of this subsection, the Commissioner may bring an action to enforce the written notice in the county where the crane being operated is located or in the Circuit Court of Baltimore City.

(c) (1) A person aggrieved by a decision of the Commissioner under this section may appeal to a court of competent jurisdiction in accordance with the Maryland Rules.

(2) A decision of the Commissioner may not be stayed by the filing of an appeal under this subsection.
Md. Code, Family Law § 9.5-107 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-107
§9.
Status: in_force

§9.5–107.

(a) (1) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made.

(2) Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of this State or by the law of the state in which the service is made.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Md. Code, Family Law § 9.5-317 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-317
§9.
Status: in_force

§9.5–317.

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the Attorney General and law enforcement officers under § 9.5-315 or § 9.5-316 of this subtitle.
Md. Code, Education § 9.5-804 — MD Code / Article ged / Title 9.5 / Subtitle 8 / Section 9.5-804
§9.
Status: in_force

§9.5–804.

The Council shall:

(1) Advise and counsel the Early Childhood Development Division of the Department;

(2) Review regulations proposed by State agencies regulating child care to ensure coordination and consistency;

(3) Review issues and problems relating to care of children and suggest priorities for consideration by the Early Childhood Development Division; and

(4) Identify interdepartmental issues of importance to child care providers and users that should be addressed by the Early Childhood Development Division and other State agencies.
Md. Code, Education § 9.5-106 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-106
§9.
Status: in_force

§9.5–106.

Subject to the hearing provisions of § 9.5–107 of this subtitle:

(1) If a licensee violates any provision of this title or of a rule or regulation adopted under this title, the Department may suspend the license for a period not exceeding 1 year; and

(2) If a licensee or registrant violates any provision of this title or of a rule or regulation adopted under this title, the Department may revoke the license or registration.
Md. Code, Family Law § 9.5-210 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-210
§9.
Status: in_force

§9.5–210.

(a) (1) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child.

(2) The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child.

(b) If a party to a child custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given in accordance with § 9.5-107 of this title include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

(d) If a party to a child custody proceeding who is outside this State is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Md. Code, Education § 9.5-306 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-306
§9.
Status: in_force

§9.5–306.

(a) A registration under this subtitle may be revoked, a child care provider may appeal from the revocation, and the operation of an unregistered family child care home may be enjoined.

(b) (1) Revocation, appeal, or injunction under this subtitle shall be in accordance with Subtitle 1 of this title.

(2) Subject to paragraph (1) of this subsection, the State Superintendent or the State Superintendent’s designee shall exercise the authority granted to the Department.
Md. Code, Agriculture § 9.5-301.2 — MD Code / Article gag / Title 9.5 / Subtitle 3 / Section 9.5-301.2
§9.
Status: in_force

§9.5–301.2.

(a) (1) The Department and the Department of Natural Resources each shall post on its website the Consolidated List of Maryland Invasive Plant Species and the Watch List.

(2) The University of Maryland Extension shall post a link to the Consolidated List of Maryland Invasive Plant Species and the Watch List on its website.

(b) On an annual basis, the Department shall distribute the Consolidated List of Maryland Invasive Plant Species and the Watch List to licensed nurseries, plant dealers, and plant brokers.
Md. Code, Education § 9.5-311 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-311
§9.
Status: in_force

§9.5–311.

A person who violates § 9.5–304(a) of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $1,500 for the first violation; and

(2) A fine not exceeding $2,500 for a second or subsequent violation.
Md. Code, Education § 9.5-705 — MD Code / Article ged / Title 9.5 / Subtitle 7 / Section 9.5-705
§9.
Status: in_force

§9.5–705.

The certification of an exclusive representative of family child care providers by the Department does not prevent the certified provider organization or any other organization or individual from communicating with any State official on matters of interest, including appearing before or making proposals to the Department at a public meeting or hearing or at any other forum of the Department.
Md. Code, Family Law § 9.5-204 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-204
§9.
Status: in_force

§9.5–204.

(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(b) (1) If there is no previous child custody determination that is entitled to be enforced under this title and a child custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle.

(2) If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle, a child custody determination made under this section becomes a final determination if the determination so provides and this State becomes the home state of the child.

(c) (1) If there is a previous child custody determination that is entitled to be enforced under this title, or a child custody proceeding has been commenced in a court of a state having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle, any order issued by a court of this State under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle.

(2) The order issued in this State remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d) (1) A court of this State that has been asked to make a child custody determination under this section, on being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle, shall immediately communicate with the other court.

(2) A court of this State that is exercising jurisdiction in accordance with §§ 9.5-201 through 9.5-203 of this subtitle, on being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Md. Code, Family Law § 9.5-302 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-302
§9.
Status: in_force

§9.5–302.

Under this subtitle a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
Md. Code, State Government § 9.5-501 — MD Code / Article gsg / Title 9.5 / Subtitle 5 / Section 9.5-501
§9.
Status: in_force

§9.5–501.

(a) In this subtitle the following words have the meanings indicated.

(b) “Commission” means the Commission on LGBTQIA+ Affairs.

(c) “LGBTQIA+” means lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, agender, or aromantic, and additional identities.
Md. Code, Agriculture § 9.5-205 — MD Code / Article gag / Title 9.5 / Subtitle 2 / Section 9.5-205
§9.
Status: in_force

§9.5–205.

The Committee shall:

(1) Advise the Secretary regarding regulations necessary to carry out the provisions of this title;

(2) (i) Conduct an annual review of the assessment protocols adopted under § 9.5–301 of this title; and

(ii) Report to the Secretary regarding any proposed changes to an assessment protocol or a replacement of a protocol;

(3) (i) In consultation with the Secretary and the Secretary of Natural Resources, review the qualifications of the qualified independent assessor; and

(ii) Report to the Secretary any proposed changes to the qualifications of the qualified independent assessor;

(4) Review invasive plant species assessments conducted in accordance with § 9.5–301 of this title to advise the Secretary on which plants to classify as prohibited invasive plants for inclusion on the Consolidated List of Maryland Invasive Plant Species; and

(5) (i) Review any data submitted to the Committee that indicates a cultivar, selection, or infra–specific hybrid of a prohibited invasive plant is not invasive; and

(ii) If the data submitted under item (i) of this item is deemed accurate and sufficient, advise the Secretary to declassify or preemptively not classify the cultivar, selection, or infra–specific hybrid as a prohibited invasive plant.
Md. Code, Family Law § 9.5-102 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-102
§9.
Status: in_force

§9.5–102.

This title does not govern a proceeding pertaining to the authorization of emergency medical care for a child.
Md. Code, Education § 9.5-1103 — MD Code / Article ged / Title 9.5 / Subtitle 11 / Section 9.5-1103
§9.
Status: in_force

§9.5–1103. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 779 OF 2023 //

(a) (1) On or before August 31, 2023, the Department shall begin to promulgate regulations necessary to comply with § 9.5–1102(a) and (b) of this subtitle.

(2) The Pilot Program shall begin on or before August 31, 2024, and shall continue for 4 school years.

(3) Except as provided in paragraph (4) of this subsection, the Department shall select between 5 and 10 outdoor, nature–based early learning and child care programs to participate in the Pilot Program during the first year of the Pilot Program.

(4) If the Department receives fewer than 5 applications that meet the rules and regulations for licensure and operation of outdoor, nature–based early learning and child care programs under subsection (c) of this section, the Department shall select for approval all applicants that qualify.

(b) When selecting and approving outdoor, nature–based early learning and child care programs to participate in the Pilot Program, the Department:

(1) Shall give priority to:

(i) Existing outdoor, nature–based early learning and child care programs that are licensed as camps by the Maryland Department of Health; and

(ii) Existing licensed child care centers or registered family child care homes that participate in the Maryland EXCELS Program and are seeking to expand into nature–based early learning;

(2) Shall, to the extent practicable, select a mix of rural, urban, and suburban programs; and

(3) May give priority to:

(i) Areas where there are few or limited licensed early child care programs; and

(ii) Areas of need where licensed early child care programs are at or near full capacity, and where access may be restricted by enrollment waitlists.

(c) (1) The Department shall adopt rules and regulations for the licensure and operation of outdoor, nature–based early learning and child care programs.

(2) The regulations shall include provisions for:

(i) Bathroom use and diaper changing;

(ii) Hand washing;

(iii) Sheltering during inclement weather;

(iv) Correct child–to–staff ratios for the outdoor setting;

(v) The safe storage of and ready access to medication;

(vi) Accommodations for children with disabilities;

(vii) The safe storage and preparation of food;

(viii) Establishing safe boundaries in unenclosed outdoor spaces and boundaries around hazards;

(ix) Proper outdoor clothing for children;

(x) Access to potable drinking water; and

(xi) Appropriate sleeping areas for naps.

(3) In adopting rules and regulations under this subsection, the Department may adapt existing child care licensing requirements to allow for the operation of the Pilot Program.

(4) In adopting rules and regulations under this subsection, the Department shall consult with stakeholders that have expertise in providing outdoor, nature–based early learning and child care, including representatives from the Outdoor Preschool Licensing Advisory Team established by the Eastern Region Association of Forest and Nature Schools.
Md. Code, State Government § 9.5-301 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-301
§9.
Status: in_force

§9.5–301.

(a) In this subtitle the following words have the meanings indicated.

(b) “Commission” means the Commission on Indian Affairs.

(c) “Community” means a tribe, band, group, or clan.

(d) (1) “Indian” means an individual or community that is, or whose members are, descended from a tribe that inhabited North America before European contact.

(2) “Indian” includes a Native American Indian, a North American Indian, an American Indian, and an aboriginal American.
Md. Code, Education § 9.5-320 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-320
§9.
Status: in_force

§9.5–320.

(a) A person may not knowingly make or cause any false statement or report to be made in any application or in any document furnished to the Department.

(b) A person may not knowingly make or cause any false statement or report to be made for the purpose of influencing the action of the Department on an application for financial assistance or for the purpose of influencing any action of the Department affecting financial assistance whether or not such assistance may have already been extended.

(c) Any person or any aider or abettor who violates any provision of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment in the penitentiary not exceeding 1 year or both.
Md. Code, Family Law § 9.5-309 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-309
§9.
Status: in_force

§9.5–309.

Except as otherwise provided in § 9.5-311 of this subtitle, the petition and order must be served, by any method authorized by the law of this State, on the respondent and any person who has physical custody of the child.
Md. Code, Education § 9.5-601 — MD Code / Article ged / Title 9.5 / Subtitle 6 / Section 9.5-601
§9.
Status: in_force

§9.5–601.

(a) In this subtitle the following words have the meanings indicated.

(b) “Child care center” has the meaning stated in § 9.5–401 of this title.

(c) “Child care provider” means a family child care provider or a child care center.

(d) “Direct incentive grant” means a grant awarded under the Child Care Quality Incentive Grant Program.

(e) “Family child care provider” has the meaning stated in § 9.5–301 of this title.
Md. Code, Education § 9.5-303.1 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-303.1
§9.
Status: in_force

§9.5–303.1.

(a) This subtitle does not apply to a family child care home or large family child care home that:

(1) Serves only dependent children of military personnel; and

(2) (i) Is located on a military base or federal property; or

(ii) Is certified as a family child care provider by a branch of the U.S. Department of Defense or the U.S. Coast Guard.

(b) The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base on which a family child care home or large family child care home is located, may assume responsibility for approving or determining which children may be served by the family child care homes and large family child care homes that are exempt from this subtitle.
Md. Code, Education § 9.5-1003 — MD Code / Article ged / Title 9.5 / Subtitle 10 / Section 9.5-1003
§9.
Status: in_force

§9.5–1003.

(a) A center shall provide services including:

(1) Parental skills training, parent education classes, and other related activities;

(2) Health care counseling;

(3) Diagnostic and assessment services to identify a child’s potential developmental disabilities;

(4) Child care for parents while parents are participating in center–based services;

(5) Peer support activities, including recreational and social activities;

(6) Educational services such as GED and postsecondary credentials; and

(7) Pre–employment counseling and skill development to assist the parent in securing and maintaining employment.

(b) A center shall provide services to a child and the child’s parents, grandparents, and other family members to the extent possible.

(c) A center may provide other services if approved by the Intermediary.
Md. Code, Family Law § 9.5-111 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-111
§9.
Status: in_force

§9.5–111.

(a) A court of this State may request the appropriate court of another state to:

(1) hold an evidentiary hearing;

(2) order a person to produce or give evidence in accordance with procedures of that state;

(3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) forward to the court of this State a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(5) order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) On request of a court of another state, a court of this State may hold a hearing or enter an order described in subsection (a) of this section.

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this State.

(d) (1) A court of this State shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age.

(2) On appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Md. Code, Education § 9.5-314 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-314
§9.
Status: in_force

§9.5–314.

(a) There is a Family Child Care Provider Direct Grant Fund administered by the Department.

(b) To administer grants to family child care providers, the Department may contract with State agencies and nonprofit organizations.
Md. Code, Education § 9.5-412 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-412
§9.
Status: in_force

§9.5–412.

(a) The State Superintendent or other authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any unlicensed child care center to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to child care centers.

(b) (1) The application for an administrative search warrant shall be in writing and signed and sworn by the State Superintendent and shall particularly describe the place, structure, premises, or records to be inspected and the nature, scope, and purpose of the inspection to be conducted.

(2) Before the filing of an administrative search warrant application with a court, the application shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.

(c) A judge of a District Court or circuit court in the jurisdiction in which the unlicensed child care center is located may issue an administrative search warrant on finding that:

(1) The Department has reasonably sought and been denied access to an unlicensed child care center for the purpose of making an inspection;

(2) The requirements of subsection (b) of this section are met;

(3) The official or employee of the Department is authorized or required by law to make an inspection of the unlicensed child care center for which the warrant is sought; and

(4) The Department has shown probable cause for the issuance of the warrant by specific evidence:

(i) Of an existing violation of §§ 9.5–405(a) and 9.5–416 of this subtitle; and

(ii) That the health, safety, and welfare of the children in the child care center are substantially threatened due to conditions in the child care center.

(d) The administrative search warrant issued under this section shall specify the place, structure, premises, or records to be inspected and shall be enforceable during operating hours for a period not exceeding 15 days from the date of issuance.

(e) (1) An administrative search warrant issued under this section authorizes the State Superintendent and other officials or employees of the Department to enter the specified property to perform the inspection and other functions authorized by law to determine compliance with the provisions of this subtitle relating to child care centers.

(2) The inspection may not exceed the limits specified in the warrant.
Md. Code, Business Occupations and Professions § 9.5-105 — MD Code / Article gbo / Title 9.5 / Subtitle 1 / Section 9.5-105
§9.
Status: in_force

§9.5–105.

A person who violates this title or regulations adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, State Government § 9.5-311 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-311
§9.
Status: in_force

§9.5–311.

(a) (1) In accordance with Title 10, Subtitle 1 of this article, the Commission shall adopt regulations to carry out §§ 9.5–309 and 9.5–310 of this subtitle.

(2) The regulations shall:

(i) create the application process;

(ii) set genealogical standards; and

(iii) specify the standards to be satisfied by an Indian community applying for formal recognition of Maryland Indian status.

(b) (1) The standards adopted under subsection (a) of this section shall be generally consistent with the standards of the United States Bureau of Indian Affairs for tribal recognition by the United States.

(2) The standards shall take into account the special circumstances of Indians indigenous to the State.

(3) The standards shall require:

(i) that the petitioning group be identified from historical times until the present as Indian;

(ii) that the members of the petitioning group be descendants from an Indian tribe that existed historically and is indigenous to the State or derived from historical tribes that were indigenous to the State before 1790;

(iii) that the members of the petitioning group be descendants of an Indian tribe that historically inhabited a specific area in the State before 1790; and

(iv) that the membership of the petitioning group be composed principally of individuals who are not members of any other Indian community.

(4) The Commission may adopt regulations to establish any other standards that the Commission considers necessary.
Md. Code, Agriculture § 9.5-303 — MD Code / Article gag / Title 9.5 / Subtitle 3 / Section 9.5-303
§9.
Status: in_force

§9.5–303.

(a) On finding a prohibited invasive plant in violation of § 9.5–302(b)(1) of this subtitle, the Secretary may:

(1) Issue a written condemnation seizure order;

(2) Mark or tag the plant in a conspicuous manner; and

(3) Provide written notice to the owner, tenant, or person in charge of the premises.

(b) (1) On notice from the Secretary, a person shall dispose of a prohibited invasive plant in accordance with regulations adopted by the Secretary.

(2) If a prohibited invasive plant is not disposed of in accordance with paragraph (1) of this subsection, the Secretary shall:

(i) Destroy the plant;

(ii) Prepare a statement of facts and a statement of the expense of destruction; and

(iii) Provide copies of the statements to the Attorney General.

(c) (1) The Attorney General shall institute the appropriate proceeding to collect the expenses due to the Secretary.

(2) A copy of the statements prepared under subsection (b)(2) of this section is sufficient evidence to prove a claim under this subsection.
Md. Code, State Government § 9.5-503 — MD Code / Article gsg / Title 9.5 / Subtitle 5 / Section 9.5-503
§9.
Status: in_force

§9.5–503.

(a) The Commission consists of 21 members appointed by the Governor with the advice and consent of the Senate.

(b) The members shall:

(1) to the extent practicable, be members of the LGBTQIA+ community;

(2) include at least two transgender individuals;

(3) to the extent practicable, reflect the age, gender, gender identity or expression, ancestral, national origin, color, disability, religious, sex, sexual orientation, racial, ethnic, socioeconomic, and geographic diversity of the State;

(4) know about issues facing LGBTQIA+ communities and be sensitive to the problems of LGBTQIA+ communities;

(5) be representatives of the State’s LGBTQIA+ communities or have an interest in the success of LGBTQIA+ communities; and

(6) provide value to the work of the Commission.

(c) (1) The term of a member is 4 years.

(2) The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 2023.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(d) (1) Except as provided in paragraph (2) of this subsection, a member may be reappointed.

(2) A member who has served two consecutive 4–year terms may not be reappointed until at least 1 year has elapsed after the end of the previous term.

(e) The Governor may remove a member for incompetence or misconduct.

(f) A member who fails to attend at least 50% of the regularly scheduled meetings during a 12–month period shall be considered to have resigned from the Commission.
Md. Code, Education § 9.5-1102 — MD Code / Article ged / Title 9.5 / Subtitle 11 / Section 9.5-1102
§9.
Status: in_force

§9.5–1102. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 779 OF 2023 //

(a) (1) There is an Outdoor Preschool License Pilot Program.

(2) The Department shall administer the Pilot Program.

(3) The Department shall convene an advisory group of outdoor, nature–based early learning practitioners to inform and support the implementation of the Pilot Program.

(4) The advisory group shall include representatives from the Outdoor Preschool Licensing Advisory Team established by the Eastern Region Association of Forest and Nature Schools and other stakeholders with expertise in outdoor, nature–based early learning and child care.

(b) The purpose of the Pilot Program is to license outdoor, nature–based early learning and child care programs in order to:

(1) Expand access to affordable, high–quality early learning and child care programs; and

(2) Investigate the benefits of outdoor, nature–based classrooms.
Md. Code, Education § 9.5-409 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-409
§9.
Status: in_force

§9.5–409.

(a) Each initial license and letter of compliance expires on the second anniversary of its effective date.

(b) Prior to expiration of an initial license or letter of compliance, and on application by the licensee or letter of compliance holder that meets the requirements set by the Department, a continuing license or letter of compliance may be issued that remains in effect until surrendered, suspended, revoked, or replaced by a conditional license or letter of compliance.

(c) The Department shall inspect each child care center operating under a license or a letter of compliance:

(1) On an announced basis prior to issuing the initial or continuing license or letter of compliance to determine whether applicable requirements are being met; and

(2) On an unannounced basis at least once during each 12–month period that the license or letter of compliance is in effect to determine whether safe and appropriate child care is being provided.
Md. Code, Family Law § 9.5-303 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-303
§9.
Status: in_force

§9.5–303.

(a) A court of this State shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this title or the determination was made under factual circumstances meeting the jurisdictional standards of this title and the determination has not been modified in accordance with this title.

(b) (1) A court of this State may utilize any remedy available under other laws of this State to enforce a child custody determination made by a court of another state.

(2) The remedies provided in this subtitle are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
Md. Code, Education § 9.5-312 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-312
§9.
Status: in_force

§9.5–312.

(a) Except as provided in subsection (b) of this section and subject to the provisions of subsection (d) of this section, a person who violates any provision of this subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty imposed in a civil action not exceeding $1,000 for each violation.

(b) (1) A person who violates § 9.5–304(a) or (c) of this subtitle and is served a civil citation under that section is subject to a civil penalty as follows:

(i) $250 for the first violation;

(ii) $500 for the second violation; and

(iii) $1,000 for the third and each subsequent violation.

(2) Any money collected under this subsection shall be deposited into the General Fund of the State.

(3) Any person served with a citation under this subsection may appeal the citation to the Office of Administrative Hearings in accordance with § 10–205 of the State Government Article.

(c) Each day a violation occurs is a separate violation under this section.

(d) The total amount of civil penalties imposed in an action under this section may not exceed $5,000.
Md. Code, Agriculture § 9.5-301 — MD Code / Article gag / Title 9.5 / Subtitle 3 / Section 9.5-301
§9.
Status: in_force

§9.5–301.

(a) The Secretary, with the advice of the Secretary of Natural Resources and the Committee, shall:

(1) On or before October 1, 2024, adopt regulations that:

(i) Establish professionally recognized assessment protocols for invasive plants that:

1. Will serve as a basis for the regulatory approach for controlling invasive plants in the State;

2. Consider the harm, as determined by the Secretary, that invasive plants cause in the State, including:

A. Ecological harm; and

B. Environmental harm; and

3. May consider additional harm, as determined by the expert assessor, that invasive plants cause in the State, including:

A. Economic harm; and

B. Harm to human health;

(ii) Govern administrative orders that the Secretary may issue to enforce this subtitle; and

(iii) Establish a procedure for the approval required under § 9.5–302 of this subtitle for activities involving prohibited invasive plants.

(2) Subject to § 9.5–301.1 of this subtitle, on or before October 1, 2024, adopt regulations that:

(i) Establish a list of prohibited invasive plants in accordance with an assessment protocol adopted under paragraph (1) of this subsection;

(ii) Establish a procedure for classification or declassification of an invasive plant as a prohibited invasive plant;

(iii) Phase in the implementation of the requirements of this subtitle with consideration of the economic impact of these requirements on nurseries, landscapers, plant wholesalers, plant retailers, and any other industry; and

(iv) Establish a procedure for the disposal of prohibited invasive plants.

(b) (1) The Secretary shall classify as a prohibited invasive plant each plant identified as invasive in the National Park Service’s and U.S. Fish and Wildlife Service’s Plant Invaders of Mid–Atlantic Natural Areas if the plant is assessed as an invasive plant species in accordance with subsections (c) and (d) of this section.

(2) Nothing in this section may be construed as limiting the Secretary’s authority to classify as a prohibited invasive plant an invasive plant not identified as invasive in the National Park Service’s and U.S. Fish and Wildlife Service’s Plant Invaders of Mid–Atlantic Natural Areas.

(c) (1) In accordance with paragraph (2) of this subsection, an expert assessor shall:

(i) Assess a nonnative plant species established in natural areas within the State;

(ii) Determine the invasiveness rank of the nonnative plant species; and

(iii) 1. Notify the Committee that the nonnative plant species is assessed as an invasive plant if the invasiveness rank is high or medium; or

2. Notify the Committee that the nonnative plant species may be placed on the Watch List if the invasiveness rank is low or insignificant.

(2) In carrying out the requirements of paragraph (1) of this subsection, an expert assessor shall follow the invasive plant species status assessment protocol that includes consideration of ecological factors and environmental factors.

(d) (1) In accordance with paragraph (2) of this subsection, an expert assessor shall:

(i) Assess an Early Detection Rapid Response (EDRR) plant species;

(ii) Determine the invasiveness rank of the EDRR plant species; and

(iii) 1. Notify the Committee that the EDRR plant species is assessed as an invasive plant if the invasiveness rank is high or medium; or

2. Notify the Committee that the EDRR plant species may be placed on the Watch List if the invasiveness rank is low or insignificant.

(2) In carrying out the requirements of paragraph (1) of this subsection, an expert assessor shall follow:

(i) The invasive plant species status assessment protocol if:

1. The EDRR plant species is present in at least one native species habitat in the State; and

2. The ecological and environmental impact of the species in the State may be effectively assessed under the protocol; and

(ii) An invasive plant risk assessment protocol if:

1. The EDRR plant species is not present anywhere in the State; or

2. A. The EDRR plant species is present in the State; and

B. The ecological and environmental impact of the species in the State cannot be effectively assessed under the invasive plant species status assessment protocol.

(e) (1) In accordance with § 9.5–205 of this title and paragraph (2) of this subsection, the Committee shall review the invasive plant species assessment conducted by an expert assessor.

(2) If the assessment is accurate and sufficient and the invasiveness rank is:

(i) High or medium, the Committee shall advise the Secretary to classify the plant as a prohibited invasive plant; or

(ii) Low or insignificant, the Committee shall place the plant on the Watch List.

(3) The Secretary shall determine whether to classify a plant species as a prohibited invasive plant on reviewing the advice of the Committee.
Md. Code, Education § 9.5-606 — MD Code / Article ged / Title 9.5 / Subtitle 6 / Section 9.5-606
§9.
Status: in_force

§9.5–606.

(a) To apply for a direct incentive grant, an applicant shall submit to the Department an application on the form that the Department requires.

(b) The application shall include:

(1) The name and address of the child care provider;

(2) An itemization of known and estimated costs including a statement from the child care provider as to how the grant funds will be used;

(3) The total amount of funds required by the provider to purchase supplies, material, and equipment;

(4) The funds available to the applicant to purchase supplies, material, and equipment;

(5) The amount of direct incentive grant funds sought from the Department;

(6) The number of children that the child care provider serves who receive child care subsidies through the purchase of child care program; and

(7) Any other relevant information that the Department requests.
Md. Code, Business Occupations and Professions § 9.5-106 — MD Code / Article gbo / Title 9.5 / Subtitle 1 / Section 9.5-106
§9.
Status: in_force

§9.5–106.

The Commissioner shall adopt regulations to implement, administer, and enforce this title.
Md. Code, State Government § 9.5-101 — MD Code / Article gsg / Title 9.5 / Subtitle 1 / Section 9.5-101
§9.
Status: in_force

§9.5–101.

(a) There is a Governor’s Office of Community Initiatives, as authorized under Executive Order 01.01.2007.25.

(b) The Governor’s Office of Community Initiatives shall include the following units:

(1) the Governor’s Office on Service and Volunteerism, under Subtitle 2 of this title;

(2) the Commission on Indian Affairs, under Subtitle 3 of this title;

(3) the Commission on LGBTQIA+ Affairs, under Subtitle 5 of this title; and

(4) any other unit as authorized by law or executive order.
Md. Code, Education § 9.5-907 — MD Code / Article ged / Title 9.5 / Subtitle 9 / Section 9.5-907
§9.
Status: in_force

§9.5–907.

Priority in providing awards under this subtitle shall be given to child care providers or programs that published a quality rating level of 2 in the Maryland EXCELS Program on or before June 30, 2022.
Md. Code, Education § 9.5-315 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-315
§9.
Status: in_force

§9.5–315.

(a) The State Superintendent may delegate the authority to approve direct grants to any board that exists or may be created within the Department.

(b) A grant made under this subtitle shall be awarded as a reimbursement for the expenses incurred by a family child care provider to comply with State and local regulations.
Md. Code, Education § 9.5-110 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-110
§9.
Status: in_force

§9.5–110.

(a) In connection with the issuance, suspension, or revocation of a license or registration, the Department may investigate the policies, purposes, premises, and facilities of a licensee or registrant or an applicant for a license or registration.

(b) (1) The Department may petition an equity court to enjoin the activities and operation of a person who seeks to carry on, without a license or registration, the activities for which the person must be licensed or registered.

(2) The petition shall be filed in the circuit court for the county in which the person is located or has a place of business.
Md. Code, Education § 9.5-706 — MD Code / Article ged / Title 9.5 / Subtitle 7 / Section 9.5-706
§9.
Status: in_force

§9.5–706.

(a) A provider organization may not call or direct a strike or other collective cessation of the delivery of services.

(b) This subtitle may not be construed to grant any right, or imply that family child care providers have any right, to engage in a strike or other collective cessation of the delivery of services.
Md. Code, Education § 9.5-1001 — MD Code / Article ged / Title 9.5 / Subtitle 10 / Section 9.5-1001
§9.
Status: in_force

§9.5–1001.

(a) In this section the following words have the meanings indicated.

(b) “Applicant” means a parent who has applied to receive services from a family support center in the network of community–based family support centers.

(c) “Center” means a family support center operated by a provider under a contract with the Intermediary.

(d) “Intermediary” means the Department or a designee of the Department that provides management for the operation of the State’s network of community–based family support centers.

(e) (1) “Parent” means the biological or adoptive parent of a child.

(2) “Parent” includes a legal guardian of a child.

(f) “Provider” means an agency or individual who contracts with the Intermediary to operate a center.
Md. Code, Education § 9.5-704 — MD Code / Article ged / Title 9.5 / Subtitle 7 / Section 9.5-704
§9.
Status: in_force

§9.5–704.

(a) The Department shall designate appropriate representatives to participate in collective bargaining with the provider organization certified as the exclusive representative of family child care providers.

(b) Except as otherwise provided in this subtitle, the parties shall adhere to the bargaining process set forth in § 3–501 of the State Personnel and Pensions Article.

(c) The Department shall negotiate in consultation with the Department of Budget and Management regarding all matters that require appropriation of State funds.

(d) Collective bargaining shall include all matters related to the terms and conditions of participation by family child care providers in the Maryland Child Care Subsidy Program, including:

(1) Reimbursement rates;

(2) Benefits;

(3) Payment procedures;

(4) Contract grievance procedures;

(5) Training;

(6) Member dues deductions; and

(7) Other terms and conditions of participation by family child care providers in the Maryland Child Care Subsidy Program.

(e) (1) (i) Subject to subparagraph (ii) of this paragraph, collective bargaining may include negotiations relating to the right of a provider organization that is the exclusive representative to receive service fees from nonmembers.

(ii) The representatives of the State may not reach an agreement containing a service fee provision unless the representatives of the State conclude that the agreement as a whole will not adversely impact nonmember providers.

(2) A family child care provider whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is:

(i) Not required to pay a service fee; and

(ii) Required to pay an amount of money as determined in collective bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of this subsection, to any charitable organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code and to furnish to the Department and the exclusive representative written proof of the payment.

(f) (1) Collective bargaining shall include negotiations that result in the establishment of a fund for the purpose of protecting family child care providers against extreme hardship or loss of livelihood resulting from late State payments.

(2) The exclusive representative shall pay for a portion of the fund.

(3) The fund:

(i) May not be a State fund; but

(ii) Shall be established and administered in consultation with the State.

(4) All revenues, money, and assets of the fund belong solely to the fund and are held by the fund in trust for family child care providers.

(5) The State may not borrow, appropriate, or direct payments from the revenues, money, or assets of the fund for any purpose.

(6) The fund shall include funds sufficient to meet the reasonably foreseeable needs of the family child care providers.

(g) Notwithstanding subsection (d) of this section, the representatives of the State:

(1) May not be required to negotiate any matter that is inconsistent with applicable law; and

(2) May negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended by the General Assembly.

(h) The parties shall reduce their agreement to a Memorandum of Understanding that complies with the provisions of § 3–601 of the State Personnel and Pensions Article.
Md. Code, Education § 9.5-905 — MD Code / Article ged / Title 9.5 / Subtitle 9 / Section 9.5-905
§9.
Status: in_force

§9.5–905.

(a) There is a Child Care Career and Professional Development Fund.

(b) The Office may award funding from the Fund to an individual who has:

(1) Obtained at least a level 2 in the Maryland Child Care Credential Program under § 9.5–904 of this subtitle;

(2) Documented at least 1 year of experience working with groups of children in an approved setting;

(3) Been accepted by an accredited college or university for enrollment in at least one course for credit toward a degree in early childhood education or a related field; and

(4) Committed to work in an approved child care setting for at least 20 hours per week for a period of time determined by the Office after completing the course of study under subsection (d)(2) of this section.

(c) To carry out the purpose of the Program, awards shall be prioritized to the following applicants:

(1) An applicant who has not completed any college courses for credit from an accredited college or university; and

(2) An applicant who attends or has been accepted by an accredited college or university that offers native language or bilingual coursework in early childhood education or a related field.

(d) An award under this section may only be:

(1) Applied toward the cost of:

(i) Tuition and fees; or

(ii) Textbooks required by a course in which the awardee is enrolled; and

(2) Used by the awardee for the actual expense of college coursework incurred subsequent to an award toward the completion of:

(i) A college degree in early childhood education or a related field; or

(ii) Developmental coursework required to meet prerequisites for a degree program in early childhood education or a related field.

(e) (1) Except as provided in paragraph (2) of this subsection, in accordance with regulations adopted by the Department, an award recipient shall repay the Office the funds received under this section if the recipient does not perform the service obligation required under subsection (b)(4) of this section.

(2) The Office may waive or defer payment if the recipient provides to the Office satisfactory evidence of extenuating circumstances, including illness or disability, that prevent the recipient from fulfilling the service obligation required under subsection (b)(4) of this section.
Md. Code, Education § 9.5-902 — MD Code / Article ged / Title 9.5 / Subtitle 9 / Section 9.5-902
§9.
Status: in_force

§9.5–902.

(a) There is a Child Care Accreditation Support Fund.

(b) The Fund may only be used by the Office to:

(1) Pay for the actual expense of an application fee for an approved accrediting organization on behalf of a provider; or

(2) Reimburse a child care provider for a program improvement cost.

(c) The Governor shall appropriate in the annual budget at least $1,000,000 for the Fund beginning in fiscal year 2021.
Md. Code, Education § 9.5-114 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-114
§9.
Status: in_force

§9.5–114.

(a) (1) In this section the following words have the meanings indicated.

(2) “Child care licensing region” means any one of 13 regions designated by the Department to provide licensing and oversight for family child care programs.

(3) “Family child care” means the care given to a child under the age of 13 years or to a developmentally disabled person under the age of 21 years that is in place of parental care for less than 24 hours a day, in a residence other than the child’s residence, for which the family child care provider is paid.

(4) “Family child care provider” means an individual who cares for children in a registered family child care home or a registered large family child care home.

(5) “Local program” means a local jurisdiction or child care licensing region that participates in the Program.

(6) “Program” means the Growing Family Child Care Opportunities Program.

(7) “Start–up assistance” means the funding for starting a family child care program including the cost of materials, curriculum, and renovations.

(b) (1) There is a Growing Family Child Care Opportunities Program in the Department.

(2) The purpose of the Program is to provide grants to establish and support local programs in the State.

(3) The Department shall partner with the Maryland Child Care Resource Network to administer the Program.

(c) (1) Except as provided in subsection (g) of this section, on or before September 1, 2022, the Department shall award at least three grants, each of which does not exceed $150,000, in accordance with paragraph (2) of this subsection to establish and support family child care providers in the State.

(2) (i) To be eligible for a grant under this section, a county governing body or multiple county governing bodies shall sign a memorandum of understanding with a child care resource center that serves the child care licensing region that contains one of the counties.

(ii) The county or counties and the child care resource center jointly shall apply for the grant and administer the local program.

(d) Grant recipients shall:

(1) Use the grants to:

(i) Establish and support a local program; and

(ii) Target the use of the grant to increase the supply and ensure the sustainability of family child care providers in areas with above average rates of poverty and unemployment or areas with a lack of available child care providers;

(2) Raise local matching funds, including in–kind matching resources at a 1:1 match;

(3) Collaborate with existing family child care providers during the implementation of the Program;

(4) Provide multilingual outreach to recruit individuals to become registered family child care providers with the Department;

(5) Provide technical assistance, financial incentives, and start–up assistance for recruited individuals as they navigate the Department’s process to become a registered family child care provider;

(6) Assist newly registered and established family child care providers through technical assistance to achieve quality benchmarks, peer–to–peer mentoring, and financial incentives; and

(7) Establish partnerships with local chambers of commerce, or other local or state organizations for family child care providers that support small businesses and women and minority–owned businesses to provide:

(i) Assistance to recruited individuals or registered family child care providers in implementing best business practices; and

(ii) Assistance in achieving financial sustainability.

(e) (1) Subject to paragraph (2) of this subsection, for each of fiscal years 2023, 2024, and 2026, the Governor shall include in the annual budget bill an appropriation of $450,000 to the Program.

(2) To the extent authorized under federal law, the Governor shall use federal funds to satisfy the requirement of paragraph (1) of this subsection.

(f) The Department shall develop guidelines, in consultation with the Maryland Child Care Resource Center, for the grant application process and grant recipients.

(g) (1) The Department may seek funding to start the Program.

(2) If the Department receives funding before July 1, 2022, the Department shall begin awarding grants as soon as possible under the Program.

(h) Each year, the Department shall develop and publish goals for the Program.

(i) On or before December 1, 2021, and each December 1 thereafter, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of the Program and an evaluation of local programs in meeting the Program goals.
Md. Code, Education § 9.5-113 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-113
§9.
Status: in_force

§9.5–113.

(a) In this section, “Program” means the Child Care Scholarship Program.

(b) The Department shall administer the Program in accordance with federal law.

(c) (1) The Department shall:

(i) Establish a process that meets the requirements of this subsection for granting presumptive eligibility for a subsidy under the Program; and

(ii) Incorporate the framework of the Youth Transitioning From Foster Placement to Successful Adulthood Program as established under § 9.5–113.2 of this subtitle.

(2) An individual shall attest that the individual meets the eligibility requirements for a subsidy under the Program by completing and electronically submitting a form provided by the Department, including a statement of the individual’s estimated annual household income.

(3) The Department shall provide a subsidy under the Program to an individual who submits a form under paragraph (2) of this subsection for a period:

(i) Beginning on the day on which the individual submits the form; and

(ii) Ending:

1. If the individual does not fill out an application within 15 days in accordance with paragraph (4) of this subsection, 60 days after the date on which the individual submits the form under paragraph (2) of this subsection; or

2. If the Department determines that the individual does not qualify for a subsidy under the Program after reviewing the individual’s application submitted in accordance with paragraph (4) of this subsection, the later of:

A. 60 days after the date on which the individual submits the form under paragraph (2) of this subsection; or

B. The date on which the Department makes the determination.

(4) To continue to receive a subsidy under the Program, an individual who submits a form under paragraph (2) of this subsection shall submit an application for a subsidy under the Program within 15 days after the date on which the individual submits the form under paragraph (2) of this subsection.

(5) The Department or the Comptroller may not seek reimbursement or repayment of a subsidy provided to an individual under paragraph (3) of this subsection if the Department determines the individual does not qualify for a subsidy under the Program under paragraph (3)(ii)2 of this subsection, except for suspected fraud.

(6) (i) In this paragraph, “Fund” means the Child Care Scholarship Program Presumptive Eligibility Fund.

(ii) There is a Child Care Scholarship Program Presumptive Eligibility Fund.

(iii) The Department shall administer the Fund.

(iv) 1. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

2. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(v) The Fund consists of:

1. Money appropriated in the State budget to the Fund;

2. Reimbursements made in accordance with subparagraph (viii) of this paragraph; and

3. Any other money from any other source accepted for the benefit of the Fund.

(vi) The Fund may be used only to award a subsidy under the Program in an amount sufficient to provide child care for an individual who is granted presumptive eligibility until:

1. The individual either fails to complete the full application within 15 days or is found ineligible for a subsidy under the Program and the time period described under paragraph (3) of this subsection lapses; or

2. The individual is found eligible to participate in the Program.

(vii) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation to the Fund at least equal to the amount recommended by the Department in the study conducted in accordance with Section 3 of Chapters 525 and 526 of the Acts of the General Assembly of 2022 that is necessary to provide payment of the subsidy amount for which an individual who is presumptively eligible qualifies.

(viii) If an individual is found eligible to participate in the Program, federal and matching State funds available under the federal Child Care Development Fund shall be used to reimburse the Fund for any expenditures made in accordance with subparagraph (vi) of this paragraph.

(ix) 1. The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

2. Any interest earnings of the Fund shall be credited to the General Fund of the State.

(d) The Department shall award a scholarship under the Program in an amount sufficient to ensure that an individual will not be required to pay a copay for child care if the individual provides proof, as determined by the Department, of:

(1) (i) Participation in one of the following programs:

1. Federal Special Supplemental Food Program for Women, Infants, and Children;

2. Federal Supplemental Nutrition Assistance Program;

3. Federal Housing Act Housing Choice Voucher Program;

4. Supplemental Security Income benefits; or

5. Temporary cash assistance; and

(ii) Employment or enrollment in an education or career training program; or

(2) Participation in the Youth Transitioning From Foster Placement to Successful Adulthood Program established under § 9.5–113.2 of this subtitle.

(e) An individual is eligible to continue to receive a scholarship under the Program:

(1) For at least 90 days in a year if the individual is unemployed and seeking employment; and

(2) If the individual meets any other eligibility criteria determined by the Department.

(f) The Department may not require an individual to pursue or receive child support payments or apply for services from a child support agency to be eligible for a scholarship under the Program.

(g) (1) The Department shall notify the Comptroller within 10 days after the date on which the Department receives an invoice from a child care provider.

(2) The Comptroller shall pay a child care provider within 5 days after the date on which the Comptroller receives a notice under paragraph (1) of this subsection.

(h) The Department shall adopt regulations to implement the provisions of this section.
Md. Code, Agriculture § 9.5-204 — MD Code / Article gag / Title 9.5 / Subtitle 2 / Section 9.5-204
§9.
Status: in_force

§9.5–204.

(a) (1) Until the Secretary adopts regulations in accordance with Subtitle 3 of this title, the Committee shall meet at least quarterly.

(2) After the Secretary has adopted regulations in accordance with Subtitle 3 of this title, the Committee shall meet as needed.

(b) A member of the Committee:

(1) May not receive compensation as a member of the Committee; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(c) The Department shall provide staff for the Committee.
Md. Code, Education § 9.5-602 — MD Code / Article ged / Title 9.5 / Subtitle 6 / Section 9.5-602
§9.
Status: in_force

§9.5–602.

(a) There is a Child Care Quality Incentive Grant Program administered by the Department.

(b) To administer direct incentive grants to child care providers, the Department may contract with other State agencies and nonprofit organizations.
Md. Code, Agriculture § 9.5-306 — MD Code / Article gag / Title 9.5 / Subtitle 3 / Section 9.5-306
§9.
Status: in_force

§9.5–306.

(a) A person that violates this subtitle is subject to the penalties and fines set forth in Title 12 of this article.

(b) (1) Instead of or in addition to any other penalty authorized under this article, the Secretary may impose a civil penalty not exceeding $500 for each violation on a person that violates:

(i) This subtitle; or

(ii) Any order issued by the Secretary under this subtitle.

(2) Penalties collected by the Secretary under this subsection shall be paid into the General Fund of the State.
Md. Code, Family Law § 9.5-307 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-307
§9.
Status: in_force

§9.5–307.

(a) If a proceeding for enforcement under this subtitle is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Subtitle 2 of this title, the enforcing court shall immediately communicate with the modifying court.

(b) The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Md. Code, State Government § 9.5-309 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-309
§9.
Status: reserved

§9.5–309.

(a) Subject to the approval of the Governor, the Commission may by regulation establish a process for an Indian community that is indigenous to the State to apply to the Commission for recognition of Maryland Indian status.

(b) (1) If the Commission finds that a petitioning group meets the requirements for recognition, the Commission may recommend to the Governor that it be granted recognition of Maryland Indian status.

(2) A member of the Commission may not vote or participate in deliberations on an application for recognition of Maryland Indian status made by the petitioning group to which the member belongs.

(c) (1) The Governor may issue an executive order providing recognition of Maryland Indian status to the petitioning group.

(2) The executive order:

(i) shall be submitted to the Joint Committee on Administrative, Executive, and Legislative Review; and

(ii) shall take effect 30 days after it is submitted.

(d) (1) This section does not:

(i) create a right of ownership or any other right to land;

(ii) create a benefit or entitlement of any kind;

(iii) impair existing rights, benefits, or entitlements belonging to Indians living in the State;

(iv) impair existing judicial rulings of the State regarding Indians of the State; or

(v) give the Commission the power to establish standards for membership in an Indian community.

(2) The power to establish standards for membership in an Indian community is reserved to the community.

(3) An act or failure to act by the Commission under this section does not create a private cause of action under State law.
Md. Code, Family Law § 9.5-101 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-101
§9.
Status: in_force

§9.5–101.

(a) In this title the following words have the meanings indicated.

(b) “Abandoned” means left without provision for reasonable and necessary care or supervision.

(c) “Child” means an individual under the age of 18 years.

(d) (1) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.

(2) “Child custody determination” includes a permanent, temporary, initial, and modification order.

(3) “Child custody determination” does not include an order relating to child support or other monetary obligation of an individual.

(e) (1) “Child custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.

(2) “Child custody proceeding” includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear.

(3) “Child custody proceeding” does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Subtitle 3 of this title.

(f) “Commencement” means the filing of the first pleading in a proceeding.

(g) “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

(h) “Home state” means:

(1) the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence, immediately before the commencement of a child custody proceeding; and

(2) in the case of a child less than 6 months of age, the state in which the child lived from birth with any of the persons mentioned, including any temporary absence.

(i) “Initial determination” means the first child custody determination concerning a particular child.

(j) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this title.

(k) “Issuing state” means the state in which a child custody determination is made.

(l) “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.

(m) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, government, public corporation, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(n) “Person acting as a parent” means a person, other than a parent, who:

(1) has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and

(2) has been awarded legal custody by a court or claims a right to legal custody under the law of this State.

(o) “Physical custody” means the physical care and supervision of a child.

(p) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(q) “Tribe” means an Indian tribe or band or Alaskan Native village that is recognized by federal law or formally acknowledged by a state.

(r) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Md. Code, Family Law § 9.5-301 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-301
§9.
Status: in_force

§9.5–301.

(a) In this subtitle the following words have the meanings indicated.

(b) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.

(c) “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
Md. Code, Education § 9.5-416 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-416
§9.
Status: in_force

§9.5–416.

(a) Except as otherwise provided in this subtitle, a person may not operate a child care center in this State unless licensed by the Department.

(b) An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.
Md. Code, Education § 9.5-605 — MD Code / Article ged / Title 9.5 / Subtitle 6 / Section 9.5-605
§9.
Status: in_force

§9.5–605.

The Department may award a direct incentive grant to an applicant only if:

(1) The applicant meets the qualifications required by this subtitle;

(2) The direct incentive grant does not exceed $2,500; and

(3) Federal funds are available to cover the cost of the grant.
Md. Code, Education § 9.5-502 — MD Code / Article ged / Title 9.5 / Subtitle 5 / Section 9.5-502
§9.
Status: in_force

§9.5–502.

(a) The Department may establish child care centers for the children of State employees in State–occupied buildings in the manner provided in this section.

(b) Before the State acquires or constructs an office building that accommodates 700 or more employees, the Department shall:

(1) Survey the employees who will be assigned to the building regarding the employees’ child care needs;

(2) Determine whether child care services for more than 29 children are needed; and

(3) If sufficient need is demonstrated, determine how much space is required and request that the Department of General Services designate the required amount of space within the building or acquire the designated amount of space within a nearby building for a child care center.

(c) The occupying agency shall notify the employee occupants of the availability of space for a child care center at least 180 days before the projected date of occupancy.
Md. Code, Education § 9.5-317 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-317
§9.
Status: in_force

§9.5–317.

(a) The Department may make a grant to an applicant only if:

(1) The applicant meets the qualifications required by this subtitle; and

(2) The grant does not exceed $500.

(b) An applicant may receive only one grant.
Md. Code, Education § 9.5-1104 — MD Code / Article ged / Title 9.5 / Subtitle 11 / Section 9.5-1104
§9.
Status: in_force

§9.5–1104. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 779 OF 2023 //

(a) On or before December 1 of 2025 and 2026, the Department shall submit interim reports to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Pilot Program, including:

(1) The number of participating providers in the Pilot Program;

(2) The number of children and families being served by the Pilot Program;

(3) The number of participating providers who enrolled in the Maryland EXCELS Program;

(4) The number of children in the Pilot Program who participated in the Child Care Scholarship Program; and

(5) The number of children in the Pilot Program served by the Infant and Early Childhood Mental Health Support Services Program.

(b) On or before December 1, 2027, the Department shall submit a final report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the findings of the Pilot Program, including recommendations for continuing, modifying, or expanding the Pilot Program.
Md. Code, Family Law § 9.5-206 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-206
§9.
Status: in_force

§9.5–206.

(a) Except as otherwise provided in § 9.5-204 of this subtitle, a court of this State may not exercise its jurisdiction under this subtitle if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this title, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this State is a more convenient forum under § 9.5-207 of this subtitle.

(b) (1) Except as otherwise provided in § 9.5-204 of this subtitle, a court of this State, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties under § 9.5-209 of this subtitle.

(2) If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this title, the court of this State shall stay its proceeding and communicate with the court of the other state.

(3) If the court of the state having jurisdiction substantially in accordance with this title does not determine that the court of this State is a more appropriate forum, the court of this State shall dismiss the proceeding.

(c) (1) In a proceeding to modify a child custody determination, a court of this State shall determine whether a proceeding to enforce the determination has been commenced in another state.

(2) If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(i) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(ii) enjoin the parties from continuing with the proceeding for enforcement; or

(iii) proceed with the modification under conditions it considers appropriate.
Md. Code, Education § 9.5-203 — MD Code / Article ged / Title 9.5 / Subtitle 2 / Section 9.5-203
§9.
Status: in_force

§9.5–203.

(a) The Council consists of the following members:

(1) One member of the Senate of Maryland, appointed by the President of the Senate;

(2) One member of the House of Delegates, appointed by the Speaker of the House;

(3) The State Superintendent of Schools, or the Superintendent’s designee;

(4) The Secretary of Health, or the Secretary’s designee;

(5) The Director of the Head Start State Collaboration, or the Director’s designee;

(6) The Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee;

(7) The Assistant State Superintendent of the Division of Early Childhood Development, or the Assistant State Superintendent’s designee;

(8) The Director of the Office of Child Care within the Division of Early Childhood Development, or the Director’s designee;

(9) The Assistant State Superintendent of the Division of Special Education/Early Intervention Services, or the Assistant State Superintendent’s designee;

(10) The following members, appointed by the Governor:

(i) One representative of a local education agency;

(ii) One representative of an institution of higher education in the State;

(iii) One representative of the Maryland State Child Care Association;

(iv) One representative of the Maryland State Family Child Care Association;

(v) One representative of the Maryland Association for the Education of Young Children;

(vi) One representative of the Maryland School Age Child Care Alliance;

(vii) One representative of a nonpublic prekindergarten provider;

(viii) One representative of a Head Start agency in the State;

(ix) One representative of a local management board;

(x) One representative of the State Interagency Coordinating Council;

(xi) One representative of the Ready at Five Partnership;

(xii) One representative of the Maryland Parent Teacher Association;

(xiii) One representative of the Maryland Library Association;

(xiv) One representative of the business community with demonstrated leadership in early childhood care and education;

(xv) One representative of the Maryland Family Network;

(xvi) One representative of the Office of Child Care Advisory Council;

(xvii) One representative of the Maryland State Education Association;

(xviii) One representative of the Service Employees International Union;

(xix) One representative of the Department of Disabilities;

(xx) One representative of the Social Services Administration of the Department of Human Services;

(xxi) One representative of a philanthropic institution;

(xxii) One representative of the Maryland Association of Elementary School Principals;

(xxiii) One representative of a local government agency that provides services to children;

(xxiv) One representative of a local Community Action Agency;

(xxv) One representative of the Maryland Chapter of the American Academy of Pediatrics;

(xxvi) One representative who provides school health services to children;

(xxvii) One representative of the Maryland Developmental Disabilities Council;

(xxviii) One representative of the Maryland Council for American Private Education;

(xxix) One representative from the Maryland Association of Boards of Education;

(xxx) One representative from the Home Visiting Alliance; and

(xxxi) One representative who advocates for homeless children; and

(11) One ex–officio member, appointed by the Council.

(b) (1) A member appointed by the Governor shall serve at the pleasure of the Governor for staggered 4–year terms.

(2) A member may serve up to two consecutive 4–year terms.

(3) A member selected to fill a vacancy serves only for the balance of the term remaining at the time of appointment.
Md. Code, Education § 9.5-302 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-302
§9.
Status: in_force

§9.5–302.

(a) The Department shall implement a system of registration for family child care homes and large family child care homes.

(b) The purpose of registration of family child care homes and large family child care homes is to:

(1) Protect the health, safety, and welfare of children while they are in family child care;

(2) Identify family child care homes and large family child care homes;

(3) Provide basic technical assistance and child care information to child care providers; and

(4) Minimize the regulatory rigidity often associated with licensing.

(c) The system of registration is intended to promote a high degree of flexibility in the regulation of family child care homes and large family child care homes while assuring the health and safety of children who are cared for in family child care homes and large family child care homes.
Md. Code, Education § 9.5-505 — MD Code / Article ged / Title 9.5 / Subtitle 5 / Section 9.5-505
§9.
Status: in_force

§9.5–505.

(a) Within 30 days after a child under the age of 6 years enters care in a child care center in a State–occupied building, a parent or guardian of the child shall provide to the child care center evidence of an appropriate screening for lead poisoning.

(b) This evidence may include documentation from the child’s continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.
Md. Code, State Government § 9.5-505 — MD Code / Article gsg / Title 9.5 / Subtitle 5 / Section 9.5-505
§9.
Status: in_force

§9.5–505.

(a) The Commission shall meet at the call of the chair, a majority of the members, or the Governor.

(b) A member of the Commission:

(1) may not receive compensation as a member of the Commission; but

(2) is entitled to receive reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Education § 9.5-703 — MD Code / Article ged / Title 9.5 / Subtitle 7 / Section 9.5-703
§9.
Status: in_force

§9.5–703.

(a) There shall be only one appropriate bargaining unit of family child care providers in the State.

(b) Family child care providers may designate, in accordance with the provisions of this subtitle, which provider organization, if any, shall be the exclusive representative of all family child care providers in the State.

(c) (1) The election and certification of the exclusive representative of family child care providers shall be governed by the procedures set forth in Title 3, Subtitle 4 of the State Personnel and Pensions Article.

(2) All elections shall be conducted by the Public Employee Relations Board and subject to the requirements and limitations of Title 22, Subtitle 4 of the State Government Article.

(3) The Public Employee Relations Board may not conduct an election for an exclusive representative if an election or certification of an exclusive representative has taken place within the preceding 2 years.

(4) A provider organization designated as the exclusive representative shall represent all family child care providers in the State fairly and without discrimination, whether or not the family child care providers are members of the provider organization.
Md. Code, Family Law § 9.5-202 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-202
§9.
Status: in_force

§9.5–202.

(a) Except as otherwise provided in § 9.5-204 of this subtitle, a court of this State that has made a child custody determination consistent with § 9.5-201 or § 9.5-203 of this subtitle has exclusive, continuing jurisdiction over the determination until:

(1) a court of this State determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child’s care, protection, training, and personal relationships; or

(2) a court of this State or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this State.

(b) A court of this State that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 9.5-201 of this subtitle.
Md. Code, State Government § 9.5-507 — MD Code / Article gsg / Title 9.5 / Subtitle 5 / Section 9.5-507
§9.
Status: in_force

§9.5–507.

The Commission shall:

(1) assess the challenges facing LGBTQIA+ communities;

(2) collect data across State agencies on:

(i) the implementation of policies that are inclusive of LGBTQIA+ identities; and

(ii) complaints alleging discrimination based on sexual orientation or gender identity;

(3) study and establish best practices for inclusion of LGBTQIA+ individuals and communities;

(4) inform the Executive and Legislative branches of State government of issues concerning LGBTQIA+ persons;

(5) offer testimony on issues concerning LGBTQIA+ persons before legislative and administrative bodies;

(6) act as a clearinghouse for activities to avoid duplication of efforts;

(7) create surveys and appoint advisory committees in the fields of:

(i) education;

(ii) social sciences;

(iii) labor and employment laws and policies;

(iv) law enforcement;

(v) health and safety;

(vi) new and expanded services;

(vii) legal rights;

(viii) family relations;

(ix) human relations; and

(x) volunteer services; and

(8) publish, in accordance with § 2–1257 of this article, an annual report, and any other material the Commission considers necessary, that includes recommendations on policies for LGBTQIA+ adults and youth that work to end discriminatory practices in the State.
Md. Code, Education § 9.5-109 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-109
§9.
Status: in_force

§9.5–109.

(a) A person aggrieved by a final decision of the highest administrative appellate authority in a contested case may take any further appeal as allowed by the Administrative Procedure Act.

(b) If a further appeal is taken under this section:

(1) Any criminal prosecution of the person for carrying on without a license or registration an activity for which the person must be licensed or registered shall be stayed pending the appeal;

(2) Any injunction against the person for carrying on without a license or registration an activity for which the person must be licensed or registered shall be stayed pending the appeal; and

(3) The court has discretion as to the care, custody, or control of any child whose care, custody, or control is the responsibility of the person.
Md. Code, Education § 9.5-1004 — MD Code / Article ged / Title 9.5 / Subtitle 10 / Section 9.5-1004
§9.
Status: in_force

§9.5–1004.

(a) Before operating a center, the provider shall submit to the Intermediary a plan that describes the:

(1) Services to be provided;

(2) Manner in which the services are provided; and

(3) Staff who will provide services at the center and training for other staff.

(b) The provider, in accordance with the plan:

(1) Shall employ staff;

(2) May recruit, train, and supervise volunteers; and

(3) Shall operate the center during periods of time, including, if necessary, weekends and nights, to accommodate parents’ needs.

(c) The plan shall describe the methods to be used to refer parents to other entities that provide services not available at the center.
Md. Code, Family Law § 9.5-108 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-108
§9.
Status: in_force

§9.5–108.

(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

(b) (1) A person who is subject to personal jurisdiction in this State on a basis other than physical presence is not immune from service of process in this State.

(2) A party present in this State who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this title committed by an individual while present in this State.
Md. Code, Family Law § 9.5-310 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-310
§9.
Status: in_force

§9.5–310.

(a) Unless the court issues a temporary emergency order in accordance with § 9.5-204 of this title, on a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1) the child custody determination has not been registered and confirmed under § 9.5-305 of this subtitle and that:

(i) the issuing court did not have jurisdiction under Subtitle 2 of this title;

(ii) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subtitle 2 of this title; or

(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9.5-107 of this title, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) the child custody determination for which enforcement is sought was registered and confirmed under § 9.5-305 of this subtitle but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subtitle 2 of this title.

(b) The court shall award the fees, costs, and expenses authorized under § 9.5-312 of this subtitle and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subtitle.
Md. Code, Family Law § 9.5-205 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-205
§9.
Status: in_force

§9.5–205.

(a) Before a child custody determination is made under this title, notice and an opportunity to be heard in accordance with the standards of § 9.5-107 of this title shall be given to all persons entitled to notice under the law of this State as in child custody proceedings between residents of this State, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.

(b) This title does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this title are governed by the law of this State as in child custody proceedings between residents of this State.
Md. Code, Education § 9.5-403 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-403
§9.
Status: in_force

§9.5–403.

(a) This subtitle does not supersede:

(1) Any right or power of the Maryland Department of Health or any local health officer;

(2) Any right or power of a county department of education;

(3) Any building code or zoning provision;

(4) Any right or power of the Administration within the Department of Human Services or any local department; or

(5) Any right or power of the Department of Human Services to regulate residential child care facilities.

(b) Notwithstanding any other provision of law, if a child care center for school age children is operated before and after school hours in a building which is in use as a public or private school, the school age child care center:

(1) Shall meet local fire, health, and zoning codes required of school buildings; and

(2) May not be required to meet any additional regulations relative to the physical plant beyond those imposed by the county or the local board of education with respect to that building.

(c) (1) This subtitle does not apply to a child care center that:

(i) Serves only dependent children of military personnel; and

(ii) 1. Is located on a military base or federal property; or

2. Is certified as a child development program by a branch of the U.S. Department of Defense or the U.S. Coast Guard.

(2) The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base on which a child care center is located, may assume responsibility for approving or determining which children may be served by the child care centers that are exempt from this subtitle.
Md. Code, Education § 9.5-501 — MD Code / Article ged / Title 9.5 / Subtitle 5 / Section 9.5-501
§9.
Status: in_force

§9.5–501.

(a) In this subtitle the following words have the meanings indicated.

(b) “Employee” means a State employee.

(c) “Employee occupant” means a State employee who is assigned or will be assigned to a State–occupied building.

(d) “Occupying agency” means a State agency or department which is or will be located in a State–occupied building.

(e) “State complex” means more than 1 State–occupied building or facility situated either adjacent to or within reasonable proximity to another State–occupied building or facility.

(f) “State–occupied building” means:

(1) An office building acquired through any means by the State for use by a State agency or department; and

(2) An office building constructed by or for the State for occupancy by a State agency or department.
Md. Code, Education § 9.5-405 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-405
§9.
Status: in_force

§9.5–405.

(a) Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a child care center in this State.

(b) This section does not apply to:

(1) The instructional program, curriculum, or teacher, principal, or administrator qualifications of a nursery school or a child care center that is operated by a religious organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code in a school building exclusively for children who are enrolled in that school;

(2) A nonpublic nursery school operated by a tax–exempt religious organization that has been issued a certificate of approval by the Department;

(3) A nonpublic nursery school operated by a tax–exempt religious organization that:

(i) Complies with the regulations adopted under this subtitle; and

(ii) Has been issued a letter of compliance by the Department; or

(4) A program that is operated by a tax–exempt religious organization while the organization is conducting a religious service, business meeting, or other religious organization function in the organization’s building and which program is exclusively for children where parents are attending the service or meeting.

(c) Notwithstanding any other provision of law, if a child care center for school age children is operated before and after school hours in a building which is in use as a public or private school, the school age child care center:

(1) Shall meet local fire, health, and zoning codes required of school buildings; and

(2) May not be required to meet any additional regulations relative to the physical plant beyond those imposed by the county or the local board of education with respect to that building.

(d) Notwithstanding the exemption under subsection (b)(4) of this section, a program that is operated by a tax–exempt religious organization while the organization is conducting a religious service, business meeting, or other religious organization function in the organization’s building and which program is exclusively for children where parents are attending the service or meeting shall:

(1) Comply with all applicable State and local fire, building, and zoning laws; and

(2) Prior to the utilization of the program’s facility, be inspected by the State Fire Marshal, or local fire authority having jurisdiction, to ensure that the facility is in compliance with all applicable fire safety regulations.

(e) (1) A person may not advertise a child care center unless the person is licensed to operate a child care center under the provisions of this subtitle.

(2) An advertisement for a child care center shall state:

(i) That the child care center is licensed by the Department; and

(ii) Except as provided in paragraph (3) of this subsection, the license number issued to the child care center by the Department.

(3) An advertisement for multiple child care centers operated by a single licensee shall state the license number of at least one of the child care centers that the licensee operates.

(4) An employee of the Department charged with the investigation and enforcement of child care regulations, the State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal may visit the child care center, and the employee of the Department may issue a civil citation without any other evidence of unlicensed child care if:

(i) A person advertises a child care center that is not licensed under the provisions of this subtitle;

(ii) The Department sends a warning letter to the person; and

(iii) The person:

1. Does not respond to the Department within 10 business days after the Department sends the warning letter; or

2. Responds to the Department in a manner that does not adequately address the charge in the warning letter.

(5) The State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal who visits a child care center under paragraph (4) of this subsection may take any action authorized under § 6–316 of the Public Safety Article, the State Fire Prevention Code, or a local fire prevention code.

(f) An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.
Md. Code, State Government § 9.5-305 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-305
§9.
Status: in_force

§9.5–305.

(a) The Commission shall meet at the call of the chair, a majority of the members, or the Governor or the Governor’s designee.

(b) A member of the Commission:

(1) may not receive compensation as a member of the Commission; but

(2) may receive reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Education § 9.5-207 — MD Code / Article ged / Title 9.5 / Subtitle 2 / Section 9.5-207
§9.
Status: in_force

§9.5–207.

(a) A member of the Council appointed by the Governor who fails to attend at least 50% of the regularly scheduled meetings of the Council during any consecutive 12–month period shall be considered to have resigned.

(b) (1) On or before January 15 of each calendar year, the chair of the Council shall forward to the Governor:

(i) The name of any member considered to have resigned under subsection (a) of this section; and

(ii) A statement describing the member’s history of attendance during the preceding 12–month period.

(2) Except as provided in paragraph (3) of this subsection, after receiving the chair’s notice, the Governor shall appoint a successor for the remainder of the term of the resigning member.

(3) If a member has been unable to attend meetings for reasons satisfactory to the Governor, the Governor may waive the resignation.
Md. Code, Family Law § 9.5-312 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-312
§9.
Status: in_force

§9.5–312.

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care expenses during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this title.
Md. Code, Family Law § 9.5-316 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-316
§9.
Status: in_force

§9.5–316.

At the request of the Attorney General acting under § 9.5-315 of this subtitle, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the Attorney General with responsibilities under § 9.5-315 of this subtitle.
Md. Code, Education § 9.5-103 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-103
§9.
Status: in_force

§9.5–103.

There is a Division of Early Childhood Development in the Department.
Md. Code, State Government § 9.5-502 — MD Code / Article gsg / Title 9.5 / Subtitle 5 / Section 9.5-502
§9.
Status: in_force

§9.5–502.

There is a Commission on LGBTQIA+ Affairs in the Governor’s Office of Community Initiatives.
Md. Code, Agriculture § 9.5-302 — MD Code / Article gag / Title 9.5 / Subtitle 3 / Section 9.5-302
§9.
Status: in_force

§9.5–302.

(a) This section does not apply to the transfer, lease, sale, or purchase of real property on which a prohibited invasive plant is located.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a prohibited invasive plant in the State.

(2) A person may, in accordance with regulations adopted by the Department, conduct an activity prohibited under paragraph (1) of this subsection if:

(i) The person receives approval from the Secretary before conducting the activity; and

(ii) The activity is for the purpose of:

1. Disposing of the prohibited invasive plant;

2. Controlling the prohibited invasive plant;

3. Using the prohibited invasive plant for research or educational purposes; or

4. Exporting the prohibited invasive plant out of the State.

(3) (i) Notwithstanding paragraph (2)(i) of this subsection and subject to subparagraph (ii) of this paragraph, the State Highway Administration may conduct an activity prohibited under paragraph (1) of this subsection for the purpose of controlling or disposing of a prohibited invasive plant along State highways without prior approval of the Secretary.

(ii) The State Highway Administration shall control or dispose of prohibited invasive plants along State highways under subparagraph (i) of this paragraph in a manner consistent with regulations adopted by the Department.

(iii) The Department shall notify the State Highway Administration of any changes to regulations adopted by the Department that impact the control or disposal of prohibited invasive plants.
Md. Code, Education § 9.5-417 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-417
§9.
Status: in_force

§9.5–417.

A person who violates § 9.5–405(a) or § 9.5–416(a) of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $1,500 for the first violation; and

(2) A fine not exceeding $2,500 for a second or subsequent violation.
Md. Code, Education § 9.5-411 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-411
§9.
Status: in_force

§9.5–411.

(a) Subject to the hearing requirements of this section, the Department may deny a license or letter of compliance to any applicant or deny approval for a change under § 9.5–408 of this subtitle if the applicant or proposed change does not meet the requirements of this subtitle.

(b) Subject to the hearing requirements of this section and § 9.5–415 of this subtitle, the State Superintendent may suspend or revoke a license or letter of compliance if the licensee:

(1) Violates a provision of this subtitle or any rule or regulation adopted under it; or

(2) Does not meet the current requirements for a new license or letter of compliance.

(c) (1) Except as otherwise provided in subsection (d) of this section, before any action is taken under this section, the State Superintendent shall give the individual against whom the action is contemplated an opportunity for a public hearing before the State Superintendent.

(2) The hearing notice to be given to the individual shall be sent at least 10 days before the hearing.

(3) The individual may be represented at the hearing by counsel.

(d) (1) (i) The State Superintendent may suspend the license or letter of compliance to operate a child care center on an emergency basis when the State Superintendent determines that this action is required to protect the health, safety, or welfare of a child in the child care center.

(ii) When the State Superintendent suspends a license or letter of compliance on an emergency basis, the State Superintendent shall deliver written notice of the suspension to the licensee stating the regulatory basis for the suspension.

(2) (i) Upon delivery of the emergency suspension notice, the licensee or letter holder shall cease immediately operation of the child care center.

(ii) The licensee or letter holder may request a hearing before the State Superintendent.

(3) (i) If a hearing is requested by the licensee or letter holder, the State Superintendent shall hold a hearing within 7 calendar days of the request for a hearing. The hearing shall be held in accordance with the Administrative Procedure Act.

(ii) Within 7 calendar days of the hearing a decision concerning the emergency suspension shall be made by the State Superintendent.

(4) If the emergency suspension order is upheld by the State Superintendent, the licensee or letter holder shall continue to cease operations until it is determined that the health, safety, or welfare of a child in the child care center is no longer threatened.

(5) Any person aggrieved by a decision of the State Superintendent to uphold an emergency suspension may appeal that decision directly to the circuit court in the county in which the child care center is located.

(e) The State Superintendent may petition the circuit court in the county in which the child care center is located to enjoin the activities and operations of a person who operates a child care center without a license or letter of compliance as required by this subtitle, including when a license or letter of compliance has been denied, revoked, or suspended in accordance with this subtitle.
Md. Code, Education § 9.5-319 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-319
§9.
Status: in_force

§9.5–319.

(a) Except as otherwise provided in this subtitle, the Department may set the terms and conditions for direct grants.

(b) On an annual basis, the Department shall establish priorities for the types of child care to be provided by recipients of direct grants.
Md. Code, Education § 9.5-607 — MD Code / Article ged / Title 9.5 / Subtitle 6 / Section 9.5-607
§9.
Status: in_force

§9.5–607.

(a) Except as otherwise provided in this subtitle, the Department may set the terms and conditions for direct incentive grants.

(b) On an annual basis, the Department may establish priorities for the distribution of direct incentive grants based on the categories of children child care providers serve, including infants, toddlers, and preschool and school–age children.
Md. Code, Education § 9.5-101 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-101
§9.
Status: in_force

§9.5–101.

(a) In this title the following words have the meanings indicated.

(b) “Advertisement” means a communication that is intended to influence a person to enter into an obligation or sign a contract for services.

(c) “Child care center” has the meaning stated in § 9.5–401 of this title.

(d) “Family child care home” has the meaning stated in § 9.5–301 of this title.

(e) “Large family child care home” has the meaning stated in § 9.5–301 of this title.

(f) “License” means a license issued by the Department to operate a child care center.

(g) “Registration” means a registration issued by the Department to a family child care home or a large family child care home.
Md. Code, Education § 9.5-803 — MD Code / Article ged / Title 9.5 / Subtitle 8 / Section 9.5-803
§9.
Status: in_force

§9.5–803.

(a) (1) The Council consists of at least 25 members, but no more than 31 members.

(2) In appointing members to the Council, the State Superintendent shall, to the extent possible, appoint members representing geographically diverse jurisdictions across the State.

(b) The members shall include:

(1) 1 member of the Senate of Maryland appointed by the President of the Senate;

(2) 1 member of the Maryland House of Delegates appointed by the Speaker of the House;

(3) At least 1 representative, appointed by the Secretary, from:

(i) The Maryland Department of Health;

(ii) The Head Start Program;

(iii) The Department;

(iv) The Office of the State Fire Marshal;

(v) A local government;

(vi) A child care advocacy organization;

(vii) An independent school, which may include a religious, nonsectarian, or nursery school;

(viii) A child care resource and referral agency;

(ix) The Department of the Environment;

(x) A community college with an early childhood education program;

(xi) The Maryland Association of Social Services Directors;

(xii) A professional organization concerned with the quality of early childhood programs; and

(xiii) The Maryland Association of Public Library Administrators;

(4) At least 1 representative, appointed by the State Superintendent, who is:

(i) A local fire official who has responsibility for the enforcement or administration of fire codes;

(ii) A user of child care services; and

(iii) A business person;

(5) A pediatrician with an interest and expertise in child care issues, appointed by the State Superintendent;

(6) At least two family child care providers, appointed by the State Superintendent; and

(7) At least two child care providers from child care centers, appointed by the State Superintendent.

(c) (1) The term of a member is 3 years.

(2) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(4) (i) If a vacancy occurs, the State Superintendent promptly shall appoint a successor who will serve until the term expires.

(ii) The successor may be reappointed for a full term.

(5) Any member who leaves the position with the organization or State agency that the member represents on the Council shall automatically lose the member’s appointment to the Council and the State Superintendent shall promptly appoint a successor.

(d) From among the members of the Council, the State Superintendent shall appoint a chair.

(e) (1) A majority of the members then serving on the Council is a quorum.

(2) The Council shall meet at least once a year at the time and place it decides.

(3) The Department shall provide staff for the Council.

(f) (1) A member of the Council may not receive compensation for duties performed as a member of the Council.

(2) A member of the Council who is a user of child care services, a family child care provider, or a child care provider from a child care center is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Family Law § 9.5-207 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-207
§9.
Status: in_force

§9.5–207.

(a) (1) A court of this State that has jurisdiction under this title to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.

(2) The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.

(b) (1) Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for a court of another state to exercise jurisdiction.

(2) For the purpose under paragraph (1) of this subsection, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(i) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(ii) the length of time the child has resided outside this State;

(iii) the distance between the court in this State and the court in the state that would assume jurisdiction;

(iv) the relative financial circumstances of the parties;

(v) any agreement of the parties as to which state should assume jurisdiction;

(vi) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(vii) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(viii) the familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this State determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this State may decline to exercise its jurisdiction under this title if a child custody determination is incidental to an action for divorce or other proceeding while still retaining jurisdiction over the divorce or the other proceeding.
Md. Code, State Government § 9.5-302 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-302
§9.
Status: in_force

§9.5–302.

There is a Commission on Indian Affairs in the Governor’s Office of Community Initiatives.
Md. Code, Family Law § 9.5-311 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-311
§9.
Status: in_force

§9.5–311.

(a) On the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this State.

(b) (1) If the court, on the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this State, it may issue a warrant to take physical custody of the child.

(2) (i) The petition shall be heard on the next judicial day after the warrant is executed unless that date is impossible.

(ii) In that event, the court shall hold the hearing on the first judicial day possible.

(3) The application for the warrant shall include the statements required by § 9.5-308(b) of this subtitle.

(c) A warrant to take physical custody of a child shall:

(1) recite the facts on which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) direct law enforcement officers to take physical custody of the child immediately; and

(3) provide for the placement of the child pending final relief.

(d) The respondent shall be served with the petition, warrant, and order immediately after the child is taken into physical custody.

(e) (1) A warrant to take physical custody of a child is enforceable throughout this State.

(2) If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, the court may authorize law enforcement officers to enter private property to take physical custody of the child.

(3) If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f) The court may impose conditions on placement of a child to ensure the appearance of the child and the child’s custodian.
Md. Code, Education § 9.5-603 — MD Code / Article ged / Title 9.5 / Subtitle 6 / Section 9.5-603
§9.
Status: in_force

§9.5–603.

(a) The State Superintendent may delegate the authority to approve direct incentive grants to any board that exists or may be created in the Department.

(b) A direct incentive grant made under this subtitle shall be awarded as an incentive for a child care provider to improve the quality of care being provided to children through the purchase of supplies, materials, and equipment.
Md. Code, Education § 9.5-117 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-117
§9.
Status: in_force

§9.5–117.

(a) (1) In this section the following words have the meanings indicated.

(2) “Anaphylactic allergy” has the meaning stated in § 7–426.1 of this article.

(3) “Emergency use epinephrine” has the meaning stated in § 7–426.2 of this article.

(4) “Major food allergen” has the meaning stated in § 7–426.1 of this article.

(b) (1) The Department and the Maryland Department of Health jointly shall develop guidelines to reduce the risk of exposure to anaphylactic major food allergens in child care settings.

(2) The guidelines developed under paragraph (1) of this subsection shall identify at least one free training resource on reducing the risk of exposure to anaphylactic major food allergens that is appropriate for child care providers.

(c) Based on the guidelines developed in subsection (b) of this section, the Department shall develop a model policy for child care providers that, at minimum, includes:

(1) Emergency protocols, including comprehensive guidelines for storage and administration of epinephrine;

(2) Cross–contamination prevention strategies; and

(3) Notification of a child’s anaphylactic allergy to:

(i) Staff who come into contact with the child; and

(ii) Child care provider administrators.

(d) The Department shall post the guidelines, model policy, and training resources developed under this section on the Department’s website.

(e) (1) This subsection applies to the following registrants or licensees that have at least one enrolled child with a food allergy:

(i) A large family child care home registered under Subtitle 3 of this title; and

(ii) A child care center licensed under Subtitle 4 of this title.

(2) A registered large family child care home and licensed child care center shall:

(i) Adopt and implement a policy on reducing the risk of exposure to anaphylactic major food allergens in child care settings in accordance with the guidelines developed under subsection (b) of this section;

(ii) Monitor updates to the Department’s guidelines and update the policy in accordance with the Department’s revisions; and

(iii) Provide a copy of the policy to the parent or guardian of each enrolled child each year.

(f) Except for any willfully or grossly negligent act, a child care provider or an employee of a child care provider who responds in good faith to the anaphylactic reaction of a child in accordance with the guidelines implemented under this section or by use of emergency use epinephrine is immune from civil liability for any act or omission in the course of responding to the reaction.
Md. Code, Education § 9.5-419 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-419
§9.
Status: in_force

§9.5–419.

(a) On receipt of the notification required under § 5–705.3 of the Family Law Article, the State Superintendent’s designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under § 5–706(f) of the Family Law Article to be followed in investigating and otherwise responding to the report.

(b) The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:

(1) Representatives of the local department and law enforcement agency that are investigating the report under § 5–706 of the Family Law Article;

(2) Representation from the office of the local State’s Attorney; and

(3) Appropriate medical, including mental health, expertise.

(c) Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team’s responsibility under this section.

(d) Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article.

(e) On request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a child care center.
Md. Code, Education § 9.5-202 — MD Code / Article ged / Title 9.5 / Subtitle 2 / Section 9.5-202
§9.
Status: in_force

§9.5–202.

(a) There is a State Early Childhood Advisory Council in the Department.

(b) The purposes of the Council are to:

(1) Coordinate efforts among early childhood care and education programs;

(2) Conduct needs assessments concerning early childhood education and development programs; and

(3) Develop a statewide strategic report regarding early childhood education and care.
Md. Code, Family Law § 9.5-103 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-103
§9.
Status: in_force

§9.5–103.

(a) A child custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this title to the extent that it is governed by the Indian Child Welfare Act.

(b) A court of this State shall treat a tribe as if it were a state of the United States for the purpose of applying this subtitle and Subtitle 2 of this title.

(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this title must be recognized and enforced under Subtitle 3 of this title.
Md. Code, Family Law § 9.5-110 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-110
§9.
Status: in_force

§9.5–110.

(a) (1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken in another state.

(2) The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms on which the testimony is taken.

(b) (1) A court of this State may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state.

(2) A court of this State shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Md. Code, Family Law § 9.5-106 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-106
§9.
Status: in_force

§9.5–106.

If a question of existence or exercise of jurisdiction under this title is raised in a child custody proceeding, the question, on request of a party, shall be given priority on the calendar and handled expeditiously.
Md. Code, Education § 9.5-406 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-406
§9.
Status: in_force

§9.5–406.

(a) An applicant for a license shall submit an application to the Department on the form that the State Superintendent requires.

(b) An application for a license shall contain:

(1) The name of the applicant;

(2) The proposed location of the child care center;

(3) The name of the individual to be in charge of the child care center; and

(4) Any other information that the Department requires.
Md. Code, Education § 9.5-310 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-310
§9.
Status: in_force

§9.5–310.

Within 30 days after a child under the age of 6 years enters care in a family child care home or large family child care home, a parent or guardian of the child shall provide to the family child care home or large family child care home evidence of an appropriate screening for lead poisoning. This evidence may include documentation from the child’s continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.
Md. Code, Education § 9.5-105 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-105
§9.
Status: in_force

§9.5–105.

Within 60 days after receiving the license or registration application, the Department shall issue or deny a license or registration and give notice of the action to the applicant.
Md. Code, Education § 9.5-104 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-104
§9.
Status: in_force

§9.5–104.

A license or registration is effective until the license or registration is suspended or revoked under § 9.5–106 of this subtitle.
Md. Code, State Government § 9.5-306 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-306
§9.
Status: in_force

§9.5–306.

(a) (1) With the approval of the Governor, the Commission shall appoint an administrator.

(2) The administrator may not be a member of the Commission.

(3) The administrator serves at the pleasure of the Commission, subject to the concurrence of the Governor.

(b) The administrator is a special appointment in the State Personnel Management System.

(c) Subject to the rules and policies of the Commission and the administrative supervision of the Governor or the Governor’s designee in accordance with this title, the administrator shall:

(1) administer the activities of the Commission; and

(2) supervise the appointment and removal of personnel whom the Commission employs.
Md. Code, Education § 9.5-113.2 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-113.2
§9.
Status: in_force

§9.5–113.2.

(a) (1) In this section the following words have the meanings indicated.

(2) “Foster youth” means an individual who:

(i) Is at least 16 years old and under the age of 22 years; and

(ii) 1. Is in out–of–home care under the responsibility of the State; or

2. Was in out–of–home care under the responsibility of the State on the individual’s 18th birthday.

(3) “Program” means the Youth Transitioning From Foster Placement to Successful Adulthood Program.

(b) (1) There is a Youth Transitioning From Foster Placement to Successful Adulthood Program in the Department.

(2) The purpose of the Program is to remove certain application barriers for parenting foster youth and increase eligibility access to the Child Care Scholarship Program for the foster youth’s child.

(c) (1) The Department shall administer the Program.

(2) The Program shall begin on or before January 1, 2026.

(d) The Department shall remove barriers in the Child Care Scholarship Program application process for foster youth in the Program by removing the following requirements:

(1) Proof of a foster youth’s employment or enrollment in an education or career training program;

(2) The name of the other parent of the foster youth’s child;

(3) A written authorization from a parent if the parent is not residing in the same household as the child; and

(4) Application information, including income, that relates to a foster youth’s foster parents rather than to the foster youth.

(e) The Department of Human Services shall make referrals to the Department regarding the Program.
Md. Code, Family Law § 9.5-208 — MD Code / Article gfl / Title 9.5 / Subtitle 2 / Section 9.5-208
§9.
Status: in_force

§9.5–208.

(a) Except as otherwise provided in § 9.5-204 of this subtitle or by other law of this State, if a court of this State has jurisdiction under this title because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) a court of the state otherwise having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle determines that this State is a more appropriate forum under § 9.5-207 of this subtitle; or

(3) no court of any other state would have jurisdiction under the criteria specified in §§ 9.5-201 through 9.5-203 of this subtitle.

(b) If a court of this State declines to exercise its jurisdiction under subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under §§ 9.5-201 through 9.5-203 of this subtitle.

(c) (1) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (a) of this section, the court shall assess against the party seeking to invoke the court’s jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate.

(2) The court may not assess fees, costs, or expenses against this State unless authorized by law other than this title.
Md. Code, State Government § 9.5-508 — MD Code / Article gsg / Title 9.5 / Subtitle 5 / Section 9.5-508
§9.
Status: in_force

§9.5–508.

(a) (1) The Commission may seek money from the federal government, foundations, and private sources in addition to State financing.

(2) The Commission may accept gifts, grants, donations, bequests, or endowments for any of its purposes.

(b) Money received under subsection (a) of this section and income and fees derived from activities of the Commission are not subject to § 7–302 of the State Finance and Procurement Article.

(c) Money maintained under this section is subject to audit by the State, including the Legislative Auditor.
Md. Code, Education § 9.5-115 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-115
§9.
Status: in_force

§9.5–115.

(a) In this section, “child care program” includes:

(1) A child care center, as defined in § 9.5–401 of this title;

(2) A family child care home, as defined in § 9.5–301 of this title; and

(3) A large family child care home, as defined in § 9.5–301 of this title.

(b) (1) Beginning July 1, 2023, at least once each calendar year, a child care program shall make the following information available to the parent or guardian of each child under the age of 3 years:

(i) Information about the Maryland Infants and Toddlers Program; and

(ii) Contact information for the local lead agency responsible for the administration of the Maryland Infants and Toddlers Program.

(2) A child care program may provide the information required under paragraph (1) of this subsection by:

(i) A personal message to a parent or guardian, including by an e–mail;

(ii) A document for which a parent or guardian acknowledges receipt; or

(iii) A text message.

(c) On request of a parent or guardian, a child care program shall assist the parent or guardian with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening.

(d) The Department shall provide each child care program with information about the Maryland Infants and Toddlers Program sufficient for the child care program to carry out the requirements of this section, including contact information for the local lead agency.
Md. Code, Education § 9.5-309 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-309
§9.
Status: in_force

§9.5–309.

(a) Upon receipt of the notification required under § 5–705.3 of the Family Law Article, the State Superintendent’s designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under § 5–706(f) of the Family Law Article to be followed in investigating and otherwise responding to the report.

(b) The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:

(1) Representatives of the local department and law enforcement agency that are investigating the report under § 5–706 of the Family Law Article;

(2) Representation from the office of the local State’s Attorney; and

(3) Appropriate medical, including mental health, expertise.

(c) Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team’s responsibility under this section.

(d) Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article.

(e) Upon request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a family child care home or large family child care home.
Md. Code, Family Law § 9.5-105 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-105
§9.
Status: in_force

§9.5–105.

(a) A child custody determination made by a court of this State that had jurisdiction under this title binds all persons who have been served in accordance with the laws of this State or notified in accordance with § 9.5-107 of this subtitle or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.

(b) As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Md. Code, Family Law § 9.5-104 — MD Code / Article gfl / Title 9.5 / Subtitle 1 / Section 9.5-104
§9.
Status: in_force

§9.5–104.

(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying this subtitle and Subtitle 2 of this title.

(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this title must be recognized and enforced under Subtitle 3 of this title.

(c) A court of this State need not apply this title if the child custody law of a foreign country violates fundamental principles of human rights.
Md. Code, Education § 9.5-904 — MD Code / Article ged / Title 9.5 / Subtitle 9 / Section 9.5-904
§9.
Status: in_force

§9.5–904.

(a) There is a Maryland Child Care Credential Program.

(b) An individual may apply to the Office for a staff credential, including a child development associate credential, or an administrator credential under this subsection.

(c) If a person pursues, obtains, or already holds an Office–approved credential, the Office may award to the individual:

(1) An achievement bonus;

(2) A training reimbursement; or

(3) A training voucher.

(d) (1) The Governor shall appropriate $4,000,000 for the program for fiscal year 2021.

(2) For each of fiscal years 2022 through 2024, funding for the program shall increase by 10% over the prior fiscal year.

(3) For fiscal year 2026, the Governor shall appropriate for the program an amount that is at least equal to the amount appropriated in fiscal year 2024.
Md. Code, Education § 9.5-707 — MD Code / Article ged / Title 9.5 / Subtitle 7 / Section 9.5-707
§9.
Status: in_force

§9.5–707.

(a) This subtitle may not be construed to make family child care providers employees of the State.

(b) This subtitle may not alter in any way the role of parents in selecting, directing, and terminating the services of family child care providers.
Md. Code, Education § 9.5-303 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-303
§9.
Status: in_force

§9.5–303.

(a) The State Board shall adopt regulations that relate to the registration of family child care homes and large family child care homes.

(b) So far as practicable, the regulations shall be uniform with the rules and regulations adopted by other State agencies as those rules and regulations relate to other types of child care.

(c) At a minimum, the regulations shall provide for:

(1) Minimum standards of environmental health and safety, including provisions for:

(i) Adequate and safe physical surroundings, including requirements for window coverings in accordance with § 5–505 of the Family Law Article;

(ii) The physical and mental health of child care providers; and

(iii) Investigation of any criminal record of a child care provider;

(2) A thorough evaluation of each prospective family child care home, large family child care home, and child care provider, to be completed before the Department accepts an initial registration;

(3) An initial family child care registration that expires 2 years after its effective date;

(4) A continuing family child care registration that:

(i) Upon application by the child care provider that meets the requirements set by the Department, is issued to the provider before the end of the initial registration period; and

(ii) Once issued, remains in effect until surrendered, suspended, revoked, or replaced by a conditional registration;

(5) Reporting of any changed circumstances that relate to the requirements, by the child care provider, at the time the change occurs;

(6) An orientation to be provided to prospective child care providers by the Department before initial registration;

(7) Announced inspection by the Department of each registered family child care home and large family child care home prior to issuance of an initial or continuing registration to determine whether applicable requirements are being met;

(8) Unannounced inspection by the Department of each registered family child care home and large family child care home at least once during each 12–month period that an initial or continuing registration is in effect to determine whether safe and appropriate child care is being provided;

(9) Procedures to be followed by the Department in response to a complaint about a family child care home or large family child care home;

(10) A requirement that each registered child care provider shall hold a current certificate indicating successful completion of approved:

(i) Basic first aid training through the American Red Cross or through a program with equivalent standards; and

(ii) Cardiopulmonary resuscitation (CPR) training through the American Heart Association or through a program with equivalent standards appropriate for the ages of children for whom care is provided in the family child care home or large family child care home;

(11) A requirement that the minimum age of a family child care teacher in a registered large family child care home be at least 18 years old and that an individual not be precluded from being a family child care teacher solely for being 18 years old;

(12) (i) A requirement that a family child care home or large family child care home that receives notice of a contaminated drinking water supply from the family child care home’s or large family child care home’s supplier of water, in accordance with § 9–410 of the Environment Article or otherwise, send notice of the drinking water contamination to the parent or legal guardian of each child attending the family child care home or large family child care home; and

(ii) A requirement that the notice sent by the family child care home or large family child care home shall:

1. Be sent within 10 business days after receipt of the notice of contamination from the family child care home’s or large family child care home’s water supplier;

2. Be in writing;

3. Identify the contaminants and their levels in the family child care home’s or large family child care home’s water supply; and

4. Describe the family child care home’s or large family child care home’s plan for dealing with the water contamination problem until the family child care home’s or large family child care home’s water is determined by the appropriate authority to be safe for consumption; and

(13) A requirement that a family child care home or large family child care home prohibit the administration of corporal punishment to discipline a child.

(d) The State Board shall adopt regulations that:

(1) Require a family child care provider to have a written emergency preparedness plan for emergency situations that require evacuation, sheltering in place, or other protection of children such as in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the family child care home or large family child care home;

(2) Require the plan under item (1) of this subsection to include:

(i) A designated relocation site and evacuation route;

(ii) Procedures for notifying parents or other adults responsible for the child of the relocation;

(iii) Procedures to address the needs of individual children including children with special needs;

(iv) Procedures for the reassignment of staff duties during an emergency, as appropriate; and

(v) Procedures for communicating with local emergency management officials or other appropriate State or local authorities; and

(3) Require a family child care provider to train staff and ensure that staff are familiar with the plan.
Md. Code, Family Law § 9.5-308 — MD Code / Article gfl / Title 9.5 / Subtitle 3 / Section 9.5-308
§9.
Status: in_force

§9.5–308.

(a) (1) A petition under this subtitle shall be verified.

(2) Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition.

(3) A copy of a certified copy of an order may be attached instead of the original.

(b) A petition for enforcement of a child custody determination shall state:

(1) whether the court that issued the determination identified the jurisdictional basis it relied on in exercising jurisdiction and, if so, what the basis was;

(2) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision is required to be enforced under this title and, if so, identify the court, the case number, and the nature of the proceeding;

(3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(4) the present physical address of the child and the respondent, if known;

(5) whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and

(6) if the child custody determination has been registered and confirmed under § 9.5-305 of this subtitle, the date and place of registration.

(c) (1) On the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child.

(2) (i) The hearing shall be held on the next judicial day after service of the order unless that date is impossible.

(ii) In that event, the court shall hold the hearing on the first judicial day possible.

(iii) The court may extend the date of hearing at the request of the petitioner.

(d) An order issued under subsection (c) of this section shall state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 9.5-312 of this subtitle, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(1) the child custody determination has not been registered and confirmed under § 9.5-305 of this subtitle and that:

(i) the issuing court did not have jurisdiction under Subtitle 2 of this title;

(ii) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Subtitle 2 of this title; or

(iii) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9.5-107 of this title, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) the child custody determination for which enforcement is sought was registered and confirmed under § 9.5-305 of this subtitle, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subtitle 2 of this title.
Md. Code, Education § 9.5-102 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-102
§9.
Status: in_force

§9.5–102.

(a) The General Assembly declares that:

(1) Minor children are not capable of protecting themselves; and

(2) When a parent has relinquished the care of the parent’s minor child to others, there is a possibility of certain risks to the child that require compensating measures.

(b) It is the policy of the State:

(1) To protect minor children whose care has been relinquished to others by the child’s parent;

(2) To resolve doubts in favor of the child when there is a conflict between the interests of a minor child and the interests of an adult; and

(3) To encourage the development of child care services for minor children in a safe, healthy, and home–like environment.
Md. Code, State Government § 9.5-506 — MD Code / Article gsg / Title 9.5 / Subtitle 5 / Section 9.5-506
§9.
Status: in_force

§9.5–506.

(a) (1) With the approval of the Governor, the Commission shall appoint a director.

(2) The director may not be a member of the Commission.

(3) The director serves at the pleasure of the Commission, subject to the concurrence of the Governor.

(b) The director is a special appointment in the State Personnel Management System.

(c) Subject to the rules and policies adopted by the Commission and the administrative supervision of the Governor in accordance with Title 8, Subtitle 3 of this article, the director shall:

(1) administer the activities of the Commission; and

(2) supervise the appointment and removal of Commission personnel.
Md. Code, Agriculture § 9.5-101 — MD Code / Article gag / Title 9.5 / Subtitle 1 / Section 9.5-101
§9.
Status: in_force

§9.5–101.

(a) In this title the following words have the meanings indicated.

(b) “Classify as a prohibited invasive plant” means the Secretary is including an invasive plant on the Consolidated List of Maryland Invasive Plant Species in accordance with §§ 9.5–301 and 9.5–301.1 of this title.

(c) “Committee” means the Invasive Plants Advisory Committee.

(d) “Consolidated List of Maryland Invasive Plant Species” means a list of plant species classified as prohibited invasive plants in accordance with §§ 9.5–301 and 9.5–301.1 of this title.

(e) “Early Detection Rapid Response (EDRR) plant species” means a nonnative plant species that:

(1) Is not yet widespread in the State but is at risk of:

(i) Becoming established as an invasive species; and

(ii) Causing significant damage; and

(2) (i) Has been found in at least one native species habitat in the State; or

(ii) Has not yet been found in the State.

(f) “Expert assessor” means:

(1) An individual or a team within the Department or the Department of Natural Resources; or

(2) A qualified independent assessor.

(g) (1) “Invasive plant” means any living part of a plant species or its subspecies that:

(i) Did not evolve in the State; and

(ii) If introduced within the State, will cause or is likely to cause, as determined by the Secretary:

1. Economic harm;

2. Ecological harm;

3. Environmental harm; or

4. Harm to human health.

(2) “Invasive plant” includes a commercial or noncommercial plant that is terrestrial or aquatic and meets the definition under paragraph (1) of this subsection.

(h) “Invasive plant species status assessment protocol” means a protocol based on the NatureServe’s 2004 protocol (“An Invasive Species Assessment Protocol: Evaluating Non–Native Plants for Their Impact on Biodiversity. Version 1.”).

(i) (1) “Invasiveness rank” means a rank assigned to a nonnative species to signify its level of invasiveness based on the results of an invasive assessment protocol.

(2) “Invasiveness rank” includes an invasiveness significance ranking of high, medium, low, or insignificant.

(j) “Landscaping services” includes services for ornamental horticultural design, maintenance, and installation of living plants.

(k) “Prohibited invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State.

(l) “Qualified independent assessor” means an individual or a team that:

(1) Possesses at least 2 years of field experience in invasive plant species in Maryland or in nearby jurisdictions, including Washington, D.C., Delaware, New Jersey, New York, Pennsylvania, Virginia, and West Virginia; and

(2) Has assessed invasive plant species without supervision from the Department, the Department of Natural Resources, or the Committee.

(m) “Watch List” means a list of plant species that:

(1) Have been assessed by an expert assessor in accordance with § 9.5–301 of this title;

(2) Were not determined by the assessment to be eligible for classification as a prohibited invasive plant; and

(3) May be reassessed in the future.
Md. Code, Education § 9.5-420 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-420
§9.
Status: in_force

§9.5–420.

(a) All restrictions imposed by the laws, ordinances, or regulations of all subordinate jurisdictions within the State of Maryland on the licensure or regulation of child care centers are superseded by this section, and the State of Maryland hereby preempts the rights of these jurisdictions to regulate child care centers.

(b) This section does not apply to any local fire, building, or zoning code required of a child care center.
Md. Code, Education § 9.5-112 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-112
§9.
Status: in_force

§9.5–112.

Beginning October 1, 2016, the Department shall submit to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, the monthly reports received by the Department regarding Child Care Subsidy Program expenditures and participation.
Md. Code, Education § 9.5-608 — MD Code / Article ged / Title 9.5 / Subtitle 6 / Section 9.5-608
§9.
Status: in_force

§9.5–608.

(a) A person may not knowingly make or cause any false statement or report to be made in any application or in any document furnished to the Department under this subtitle.

(b) A person may not knowingly make or cause any false statement or report to be made for the purpose of influencing the action of the Department on an application for a direct incentive grant or for the purpose of influencing any action of the Department affecting a direct incentive grant whether or not such a grant may have already been awarded.

(c) Any person or any aider or abettor who violates any provision of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment in the penitentiary not exceeding 1 year or both.
Md. Code, State Government § 9.5-308 — MD Code / Article gsg / Title 9.5 / Subtitle 3 / Section 9.5-308
§9.
Status: in_force

§9.5–308.

(a) (1) The Commission may seek money from the federal government, foundations, and private sources in addition to State financing.

(2) The Commission may accept gifts, grants, donations, bequests, or endowments for any of its purposes.

(b) Money received under subsection (a) of this section and income and fees derived from educational materials and activities of the Commission are not subject to § 7–302 of the State Finance and Procurement Article.

(c) Money maintained under this section is subject to audit by the State, including the Legislative Auditor.
Md. Code, Education § 9.5-701 — MD Code / Article ged / Title 9.5 / Subtitle 7 / Section 9.5-701
§9.
Status: in_force

§9.5–701.

(a) In this subtitle the following words have the meanings indicated.

(b) “Family child care provider” means an individual who participates in the Maryland Child Care Subsidy Program who is:

(1) A registered provider as defined in § 9.5–301(c) of this title; or

(2) Exempt from the registration requirements under § 9.5–304 of this title.

(c) “Provider organization” means an organization that:

(1) Includes family child care providers; and

(2) Has as one of its purposes the representation of family child care providers in their relations with the State.
Md. Code, Education § 9.5-408 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-408
§9.
Status: in_force

§9.5–408.

(a) (1) A license authorizes the licensee to operate a child care center while the license is effective.

(2) A license authorizes the licensee to operate a child care center that offers or provides child care regardless of the time of day.

(b) Unless the Department first approves the change, a licensee may not make any substantial addition to or other change in a building or plant of the child care center or a change in its facilities that could affect materially any condition under which the license was issued.
Md. Code, Education § 9.5-401 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-401
§9.
Status: in_force

§9.5–401.

(a) In this subtitle the following words have the meanings indicated.

(b) “Child” means an individual under the age of 16 years.

(c) (1) “Child care center” means an agency, institution, or establishment that, for part or all of a day, or on a 24–hour basis on a regular schedule, and at least twice a week, offers or provides child care to children who do not have the same parentage except as otherwise provided for in law or regulation.

(2) “Child care center” shall include a nonpublic nursery school in which an instructional program is offered or provided for children who are under the age of 5 years.

(3) “Child care center” does not include:

(i) A nonpublic kindergarten in which an instructional program is offered or provided for children who are at least 5 years old;

(ii) A nonpublic elementary school in which an instructional program is offered or provided for children who are in grades 1 through 8;

(iii) A child care home, a child care institution, or other child care facility that offers or provides a residential placement for a child and is established, licensed, or registered under this title, Title 9 of the Human Services Article, or Title 10 of the Health – General Article; or

(iv) A family child care home or large family child care home that is required to be registered or is registered under this title.

(d) “Letter of compliance” means a letter issued by the Department to a religious organization that meets the requirements under § 9.5–404 of this subtitle.
Md. Code, Education § 9.5-410 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-410
§9.
Status: in_force

§9.5–410.

A license issued under this subtitle is not transferable.
Md. Code, State Government § 9.5-504 — MD Code / Article gsg / Title 9.5 / Subtitle 5 / Section 9.5-504
§9.
Status: in_force

§9.5–504.

The Commission shall elect annually a chair and vice chair from among its members.
Md. Code, Education § 9.5-414 — MD Code / Article ged / Title 9.5 / Subtitle 4 / Section 9.5-414
§9.
Status: in_force

§9.5–414.

(a) Each employee, as defined in § 5–550 of the Family Law Article, of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall apply to the Department of Human Services, on or before the first day of actual employment, for a child abuse and neglect clearance.

(b) The Department may prohibit the operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle from employing an individual who:

(1) Has received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or

(2) Has been identified as responsible for child abuse or neglect.

(c) The operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall immediately notify the Department of a criminal history records check of an employee that reports a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article.
Md. Code, Education § 9.5-205 — MD Code / Article ged / Title 9.5 / Subtitle 2 / Section 9.5-205
§9.
Status: in_force

§9.5–205.

(a) The Council shall meet at least three times per calendar year.

(b) Meetings shall be:

(1) Open to the general public;

(2) Held in a place accessible to the general public; and

(3) Announced in advance.

(c) Minutes shall be kept of all Council meetings.
Md. Code, Education § 9.5-503 — MD Code / Article ged / Title 9.5 / Subtitle 5 / Section 9.5-503
§9.
Status: in_force

§9.5–503.

(a) The Maryland Department of Health and the Department of General Services shall cooperate with and assist the Department in carrying out the purposes of this subtitle.

(b) The Department shall:

(1) Provide the guidance and means for establishing child care centers for the children of State employees in State–occupied buildings or nearby buildings in accordance with this subtitle;

(2) Provide for licensing of child care centers for children of State employees;

(3) Ensure that space designated within a State–occupied building or nearby buildings for a child care center complies with the prevailing local and State safety building codes for child care centers;

(4) Apply the regulations adopted under Subtitle 4 of this title for child care centers; and

(5) Contract for child care services in the space provided. Contract providers must provide proof of financial responsibility.

(c) (1) The Department of General Services shall:

(i) Construct or acquire the required space to be used by the child care center, which space shall be submetered for utilities and the costs of which shall be paid by the child care center; and

(ii) Inspect the facility monthly and inform child care center personnel of maintenance deficiencies to be corrected by the child care center.

(2) If any deficiencies under paragraph (1)(ii) of this subsection are not corrected within a reasonable time, the Department of General Services shall notify the Department which will exact compliance in accordance with the terms of the child care center contract.

(3) The child care center shall pay for any costs of operation of the child care center.

(d) Space originally set aside for a child care center may be used for other purposes if:

(1) The building has been fully occupied for 180 days; and

(2) An application to operate a child care center has not been filed under Subtitle 4 of this title.

(e) Children of State employees shall have priority over other children in admission to a child care center in a State–occupied building or nearby buildings.

(f) (1) After a child care center for children of State employees has been established, the Department shall assess the child care needs of the State employees using the center at least every 5 years.

(2) If the assessment demonstrates that the service is no longer needed or feasible, the State Superintendent may close the center.

(3) The State Superintendent shall give the child care center 90 days’ written notice of closure.
Md. Code, Education § 9.5-702 — MD Code / Article ged / Title 9.5 / Subtitle 7 / Section 9.5-702
§9.
Status: in_force

§9.5–702.

In according family child care providers and their representatives rights under this subtitle, it is the legislative intent of the General Assembly that the State action exemption to the application of federal and State antitrust laws be fully available to the extent that the activities of the family child care providers and their representatives are authorized under this title.
Md. Code, Education § 9.5-107 — MD Code / Article ged / Title 9.5 / Subtitle 1 / Section 9.5-107
§9.
Status: in_force

§9.5–107.

The Department may not suspend or revoke a license or registration unless the Department gives to the licensee or registrant:

(1) Notice of the suspension or revocation at least 20 days before the suspension or revocation;

(2) A statement of the grounds for the suspension or revocation; and

(3) An opportunity to be heard.
Md. Code, Education § 9.5-318 — MD Code / Article ged / Title 9.5 / Subtitle 3 / Section 9.5-318
§9.
Status: in_force

§9.5–318.

(a) To apply for financial assistance, an applicant shall submit to the Department an application on the form that the Department requires.

(b) The application shall include:

(1) The identity and location of the family child care provider;

(2) An itemization of known and estimated costs;

(3) The total amount of funds required by the family child care provider to comply with State and local regulations;

(4) The funds available to the applicant without financial assistance from the Department;

(5) The amount of financial assistance sought from the Department;

(6) A statement from the family child care provider on how the grant funds will be used;

(7) Information that relates to the family income of the grant applicant; and

(8) Any other relevant information that the Department requests.