reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-305 - Group Size

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-306 - Revocation of Registration; Appeal; Injunction of Unregistered Operation

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-307 - Search Warrant -- Unregistered Family Child Care Homes

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-308 - Informational Pamphlet

(a)    The Department shall prepare and, as needed, update an informational pamphlet for parents of children in family child care.
(b)    The pamphlet shall contain:
(1)    An outline of family child care regulations;
(2)    A description of parental rights and responsibilities;
(3)    A description of complaint procedures; and
(4)    The address and telephone number of the local department.
(c)    The Department shall make the pamphlet available to child care providers for distribution to parents.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-309 - Child Abuse

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-310 - Lead Poisoning Screen

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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-311 - Penalty -- Criminal

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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-312 - Penalty -- Civil

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-313 - Construction

This subtitle may not be construed to impair or limit the authority granted to the Department of Human Services, the Department, or the Maryland Department of Health under any other provision of the Code unless that provision necessarily is inconsistent with this subtitle.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-314 - Family Child Care Provider Direct Grant Fund

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-315 - Approval of Direct Grants

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-316 - Use of Direct Grant Funds

(a)    The funds shall consist of:
(1)    Money specifically appropriated for the Direct Grant Fund; or
(2)    Any other money made available to the Direct Grant Fund.
(b)    The Direct Grant Fund shall be used to:
(1)    Pay all expenses and disbursements authorized by the Department for administering the Direct Grant Fund; and
(2)    Make grants to family child care providers.
(c)    In making grants under this subtitle, consideration shall be given to:
(1)    Geographic distribution;
(2)    Community need; and
(3)    Family income, with priority given to those families with the lowest income.
(d)    The amount of State general funds expended for grants to family child care providers from the Direct Grant Fund may not exceed $50,000 in each year.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-317 - Limitations

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-318 - Application; Requirements

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-319 - Terms and Conditions; Priorities

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 3 - Family Child Care Homes and Large Family Child Care Homes › Section 9.5-320 - Prohibited Acts; Penalties

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-401 - Definitions

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-402 - Findings; Statement of Purpose

(a)    (1)    The General Assembly finds that:
(i)    A child is not capable of self–protection; and
(ii)    If care of a child is given over to another, mental and physical risks arise that need to be offset by reasonable protective measures.
(2)    The General Assembly also finds that:
(i)    There is a shortage of child care placements for children under the age of 2 years; and
(ii)    The rules and regulations adopted under this subtitle should provide for small child care centers that provide care in a homelike environment.
(b)    The purpose of this subtitle is not to limit a parent in getting the help of responsible relatives or friends in giving child care for a child, but is to aid each parent and protect each child from the risk present if:
(1)    The child is cared for by an individual other than a relative or friend; and
(2)    Children of more than one family are cared for together or, on different days, use the same facilities.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-403 - Scope of Subtitle

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-406 - Applications for Licenses

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-408 - Scope of License; Changes

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-409 - Term and Renewal of Licenses and Letters of Compliance; Inspections

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-412 - Search Warrant -- Unlicensed Child Care Centers

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-413 - Lead Poisoning Screen

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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-414 - Child Abuse and Neglect Clearance for Employees of Child Care Centers

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-416 - Prohibited Acts

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-417 - Penalties -- Criminal

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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-418 - Penalties -- Civil

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-419 - Child Abuse

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 4 - Child Care Centers › Section 9.5-420 - State Supersession and Preemption of Subordinate Jurisdiction Provisions on Licensure or Regulations

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 5 - Child Care Centers in State-Occupied Buildings › Section 9.5-501 - Definitions

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 5 - Child Care Centers in State-Occupied Buildings › Section 9.5-502 - Child Care Centers in State-Occupied Buildings

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 5 - Child Care Centers in State-Occupied Buildings › Section 9.5-503 - Assistance of Other Departments; Duties of Department; Duties of Department of General Services; Use of Space for Other Purposes; Priority of Children of State Employees; Periodic Assessment of Needs; Closure

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 5 - Child Care Centers in State-Occupied Buildings › Section 9.5-504 - Pilot Program

(a)    In this section, “pilot program” means the child care centers established in State–occupied buildings or State complexes under this section.
(b)    There is a pilot program for child care in State–occupied buildings and State complexes.
(c)    The Department shall administer the pilot program established under this section.
(d)    The pilot program shall be:
(1)    Operated in at least 1 State–occupied building or State complex where 700 or more State employees are located;
(2)    Established to accommodate at least 29 children at each location; and
(3)    Established for at least 3 years.
(e)    (1)    The Department shall contract with child care providers to operate the child care centers established under this section.
(2)    The contract for operating a child care center shall require the child care provider:
(i)    To be responsible for entering into agreements, and making arrangements with the employees, for the provision of child care;
(ii)    To provide proof of financial responsibility;
(iii)    To be licensed under this subtitle and Subtitle 4 of this title;
(iv)    To comply with any laws or regulations governing child care centers;
(v)    To obtain and keep in effect liability insurance in an amount determined to be sufficient by the State Superintendent; and
(vi)    To comply with any other requirement the State Superintendent considers reasonable and necessary.
(3)    The child care provider may not be held responsible for providing the necessary space for the operation of the child care center.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 5 - Child Care Centers in State-Occupied Buildings › Section 9.5-505 - Lead Poisoning Screen

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 6 - Child Care Quality Incentive Grant Program › Section 9.5-601 - Definitions

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 6 - Child Care Quality Incentive Grant Program › Section 9.5-602 - Creation; Power to Contract

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 6 - Child Care Quality Incentive Grant Program › Section 9.5-603 - Delegation of Authority; Grant as Incentive

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 6 - Child Care Quality Incentive Grant Program › Section 9.5-604 - General Provisions

(a)    The grant funds shall consist of:
(1)    Money specifically appropriated for the Child Care Quality Incentive Grant Program; and
(2)    Any other money made available to the Child Care Quality Incentive Grant Program.
(b)    The Child Care Quality Incentive Grant Program shall be used to:
(1)    Pay all expenses and disbursements authorized by the Department for administering the Child Care Quality Incentive Grant Program; and
(2)    Award direct incentive grants to child care providers.
(c)    To be eligible to receive grants under this subtitle, a child care provider must:
(1)    Possess a certificate of registration or license that is current and not subject to any pending regulatory action, including revocation and suspension; and
(2)    Not be in arrears in the payment of any money owed to the State, including the payment of taxes and employee benefits.
(d)    Grants made under this subtitle shall be limited to:
(1)    Child care centers located in Title I communities;
(2)    Child care centers where at least 25% of the children enrolled receive subsidies through the purchase of child care program; and
(3)    Family child care homes and large family child care homes that serve children who receive child care subsidies through the purchase of child care program.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 6 - Child Care Quality Incentive Grant Program › Section 9.5-605 - Awards

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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 6 - Child Care Quality Incentive Grant Program › Section 9.5-606 - Application

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 6 - Child Care Quality Incentive Grant Program › Section 9.5-607 - Department to Set Terms, Conditions, Priorities

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 6 - Child Care Quality Incentive Grant Program › Section 9.5-608 - Prohibited Acts; Penalties

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 7 - Collective Negotiations by Family Child Care Providers › Section 9.5-701 - Definitions

(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.
2023 Maryland Statutes › Education › Division II - Elementary and Secondary Education › Title 9.5 - Division of Early Childhood Development › Subtitle 7 - Collective Negotiations by Family Child Care Providers › Section 9.5-702 - Legislative Intent

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.