reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.17 - Inspections, Complaints, and Enforcement › Section 13A.16.17.06 - Emergency Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may suspend an operator's license on an emergency basis if it is determined that this action is required to protect the health, safety, or welfare of a child in the center.
B. The office shall hand deliver written notice of the emergency suspension to the operator stating:
(1) The regulatory basis for the suspension; and
(2) That the operator shall immediately stop providing child care;
(3) That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the operator's request for a hearing;
(4) That the Office of Administrative Hearings shall issue a decision concerning the emergency suspension within 7 calendar days of the hearing;
(5) That if the emergency suspension order is upheld, stoppage of child care at the center shall continue until it is determined that the health, safety, or welfare of a child in the center is no longer threatened;
(6) That the suspension may lead to revocation; and
(7) That the operator is required to surrender the license to the office when the suspension becomes effective.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.17 - Inspections, Complaints, and Enforcement › Section 13A.16.17.07 - Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may revoke a license if:
(1) An operator or center is in violation of this subtitle and the health, safety, or welfare of children in the center is threatened;
(2) An operator misrepresented or offered false information on the application or on any form or report required by the office;
(3) An operator interferes with the agency representative in the performance of the duties of the office;
(4) The operator fails to comply with the:
(a) Prohibitions on the use of an individual as an employee, a substitute, or a volunteer as set forth in COMAR 13A.16.06.03A and B or COMAR 13A.16.06.15B; or
(b) Child security requirements set forth in COMAR 13A;
(5) The terms or conditions of an intermediate sanction have been violated;
(6) Violations required to be corrected during a period of suspension have not been corrected and the period has ended;
(7) The license is a continuing license that was placed on conditional status, and the:
(a) Conditional status has lapsed; and
(b) Operator has failed to meet the requirements for reinstatement of the continuing license; or
(8) Evaluation of information provided to, or acquired by, the office indicates that the operator is unable to provide for the welfare of children.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.17 - Inspections, Complaints, and Enforcement › Section 13A.16.17.08 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criminal Penalty. A person who operates a child care center without a license, if convicted, is guilty of a misdemeanor and subject to a fine not exceeding:
(1) $1,500 for the first violation; and
(2) $2,500 for a second or subsequent violation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.18 - Administrative Hearings › Section 13A.16.18.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact child care center licenses and letters of compliance. These actions include denials, suspensions, or revocations of licenses or letters of compliance, reductions in capacity, limitations on the ages or numbers of children who may be admitted to the child care center, limitations on the spaces, rooms, or areas that may be used for child care, restrictions on which individuals can be alone with children in care pending open child protective services or criminal investigations, the imposition of civil penalties for providing or advertising unlicensed child care services without a valid child care license, and employment exclusions pursuant to COMAR 13A.16.06.03A or B.
B. The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final decisions of the Superintendent on the actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a child care center case is the final decision of the highest administrative authority in the case, and thus is directly appealable to the circuit court in the jurisdiction where the child care center is located pursuant to State Government Article, §
									10-222, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.18 - Administrative Hearings › Section 13A.16.18.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.
(2) "Appellant" means the individual requesting the hearing or appealing a decision, or that individual's legal representative.
(3) "Applicant" means an individual applying for a license or letter of compliance to operate a child care center.
(4) "Capacity" means the number of day care children who may be present at a child care center at the same time.
(5) "Days" means calendar days.
(6) "Department" means the State Department of Education.
(7) Emergency Action.
(a) "Emergency action" means an action which is effective immediately because of danger to children's health or safety.
(b) "Emergency action" may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, an immediate limitation on the spaces, rooms, or areas that may be used for child care, an immediate restriction on which individuals can be alone with children in care, or an employment exclusion pursuant to COMAR 13A.16.06.03A or B.
(8) "Filed" is received in writing by the Office of Child Care.
(9) "Filing date" is the date a hearing request is received by the Office of Child Care.
(10) "License" means a document issued to a person by the Department which gives permission to operate a child care center in accordance with State regulations.
(11) "Licensee" means an individual or a partnership group, association, cooperative, or corporation which has the legal authority and responsibility for the governing and operating of a child care center and which has been issued a license by the Department.
(12) "Office" means the central office or a regional office of the Office of Child Care.
(13) "Office of Administrative Hearings" means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §
										9-1601 et seq., Annotated Code of Maryland.
(14) "Party" means the appellant and the Office of Child Care.
(15) "Superintendent" means the State Superintendent of Schools.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.18 - Administrative Hearings › Section 13A.16.18.03 - Hearing Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing shall be held when:
(1) An applicant or licensee requests a hearing to contest:
(a) The denial of an application for a license
(b) A revocation or suspension of a license; or
(c) Any other action that adversely impacts on the licensee, including, but not limited to:
(i) The setting of capacity at a number below that requested;
(ii) A reduction in capacity; or
(iii) A limitation on the ages or numbers of children who may be admitted to the child care center;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.18 - Administrative Hearings › Section 13A.16.18.04 - Preliminary Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. A preliminary conference may be held before a hearing on an action if an appellant requests the conference.
B. The conference is optional and does not replace the hearing process.
C. The conference may be attended by a representative of the Office and the appellant.
D. The conference may lead to an informal resolution of the dispute. However, a hearing shall be held unless one of the parties submits a written withdrawal of the hearing request to the Office of Administrative Hearings.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.18 - Administrative Hearings › Section 13A.16.18.05 - Denial or Dismissal of a Hearing Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office of Administrative Hearings may deny a request for a hearing if:
(1) The issue appealed is not one which adversely affects the licensee; or
(2) The date of the request is not within the required time limits.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.18 - Administrative Hearings › Section 13A.16.18.06 - Hearing and Appeal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice to Appellant.
(1) For non-emergency action hearings, the Office of Administrative Hearings shall, by regular mail, notify the Office and the appellant of the time, date, and place of the hearing at least 20 days in advance. For rescheduled non-emergency action hearings, a 10-day notice is required. For all emergency action hearings, at least 3 days advance notice is required.
(2) The notice to the appellant shall:
(a) Refer to the regulations governing the hearing procedure; and
(b) Advise the appellant of:
(i) The right to be represented by a lawyer;
(ii) The right to present documents and witnesses in support of the appeal;
(iii) Whom to call if the appellant cannot attend the hearing; and
(iv) The fact that failure to attend the hearing without good cause may lead to dismissal.
(3) The Office shall mail the appellant a copy of these administrative hearing regulations when the request for a hearing is filed.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.18 - Administrative Hearings › Section 13A.16.18.07 - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing shall be conducted by an administrative law judge.
B. At the hearing, the appellant and a representative of the Office may present witnesses, documentary evidence, and oral argument and may cross-examine any witness. A document introduced into evidence by a party may be examined by the opposing party.
C. The transcript or tape of the proceedings, together with all documents filed in the hearing proceedings and the final decision of the administrative law judge, constitute the exclusive record of hearing.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.18 - Administrative Hearings › Section 13A.16.18.08 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The administrative law judge shall:
(1) Base the decision on the complete record; and
(2) Determine whether the Office correctly applied State regulations in effect at the time the Office reached the Office's decision.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.19 - Public Access to Licensing Records › Section 13A.16.19.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, the following terms have the meanings indicated:
A. "Confirmed complaint" means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle which was alleged in the complaint has occurred or is occurring.
B. "Custodian of record" means an authorized individual employed by the Department or office who has physical custody and control of licensing records.
C. "Licensing records" means all papers, computerized records, correspondence, forms, books, cards, photographs, photostats, films, microfilms, sound recordings, charts, maps, drawings, or other written documents, regardless of physical form or characteristics, maintained or stored by the Department or the office in connection with the licensing of a child care center to provide child care.
D. "Official custodian of record" means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of licensing records.
E. "Requester" means an individual, business, corporation, partnership, association, organization, or governmental agency which requests inspection of, or information from, licensing records.
F. "Sociological information" means any of the following information about a licensee or employee of a licensee:
(1) Social Security number;
(2) Personal address;
(3) Personal phone number;
(4) Information regarding marital status, dependents, or relatives; and
(5) Information regarding employment status, including employment application.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.19 - Public Access to Licensing Records › Section 13A.16.19.02 - Disclosure of Information from Licensing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:
(1) Findings of inspections conducted by the office in licensed child care centers;
(2) Record of complaint forms pertaining to confirmed or unsubstantiated complaints;
(3) Copies of child care licenses, including those on provisional or conditional status;
(4) Variances;
(5) Correspondence and documents requiring abatement of instances of noncompliance with the regulations of this subtitle, including compliance agreements;
(6) Correspondence and documents pertaining to enforcement actions taken by the Department or office against a licensee or a child care center, including denial letters, sanctions, emergency suspensions, and revocations; and
(7) Any correspondence regarding requests for inspection of licensing records under this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.19 - Public Access to Licensing Records › Section 13A.16.19.03 - Request for Information from Licensing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A written request shall be filed with the custodian of record in order to:
(1) Conduct a physical inspection of licensing records; or
(2) Obtain a written or electronic:
(a) Copy of licensing records; or
(b) Report of information from licensing records that the official custodian of records does not already make available to the general public.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.19 - Public Access to Licensing Records › Section 13A.16.19.04 - Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A compelling public purpose shall exist for the custodian of record to permit inspection of licensing records other than the records specified under General Provisions Article, §
									4-333(b), Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.01 - Scope and Definitions › Section 13A.17.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability of Subtitle. Except as specified under §B of this regulation, this subtitle governs:
(1) Nonparental care of children for part of a 24-hour day in nursery schools operated by tax-exempt religious organizations; and
(2) Child care programs operated by tax-exempt religious organizations in school buildings used exclusively for children who are enrolled in those schools, by whatever name known.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.01 - Scope and Definitions › Section 13A.17.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) Abuse.
(a) "Abuse" means the physical or mental injury of a child, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed, by:
(i) A parent;
(ii) An individual who has permanent or temporary care or custody or responsibility for supervision of a child; or
(iii) A household or family member.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.02 - Letter of Compliance Application and Maintenance › Section 13A.17.02.01 - Letter of Compliance - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirement to be Licensed or Hold a Letter of Compliance. A tax-exempt religious organization that operates a nursery school or child care program in a school building used exclusively for children who are enrolled in that school, is required to be licensed under COMAR 13A.16 or to hold a letter of compliance in accordance with the requirements of this subtitle.
B. General Requirements.
(1) A letter of compliance:
(a) Is nontransferable; and
(b) Remains the property of the office.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.02 - Letter of Compliance Application and Maintenance › Section 13A.17.02.02 - Initial Letter of Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Requirements. An individual or organization that does not currently hold a letter of compliance and wishes to operate a nursery school or child care program under this subtitle shall:
(1) File a notice of intent with the office before applying for permits in connection with construction or operation of a facility;
(2) File with the office at least 60 days before the proposed opening date a signed and completed application form supplied by the office;
(3) Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant; and
(4) Ensure that an application for a federal and State criminal background check is submitted for:
(a) The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility;
(b) The director;
(c) Each employee, including substitutes and volunteers; and
(d) Each individual 18 years old or older living on the child care facility premises.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.02 - Letter of Compliance Application and Maintenance › Section 13A.17.02.03 - Continuing Letter of Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Obtaining a Continuing Letter of Compliance. An operator shall submit to the office, before expiration of the initial letter of compliance:
(1) A request for a continuing letter of compliance, on a form supplied by the office;
(2) Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified at Regulation .02B(1) of this chapter; and
(3) Any other documentation required by law or regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.02 - Letter of Compliance Application and Maintenance › Section 13A.17.02.04 - Provisional and Conditional Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Provisional Status.
(1) Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing letter of compliance additional time to meet all applicable requirements, the office may approve an initial or a continuing letter of compliance on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.
(2) An initial letter of compliance may not be approved if the office has not yet received evidence that the applicant and each individual, as applicable, specified at Regulation .02A(3) and B(1) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.
(3) At the end of the provisional period, if all requirements for the initial or continuing letter of compliance are not met due to:
(a) Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for the letter of compliance; or
(b) Circumstances beyond the control of the applicant, the office may continue the provisional status for one or more additional periods of up to 120 days per period, except that provisional status may not be continued for more than 24 months after the start of the first provisional period.
(4) If the office denies a letter of compliance at the end of the provisional period, the applicant or operator does not have a valid letter of compliance and shall cease operating.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.02 - Letter of Compliance Application and Maintenance › Section 13A.17.02.05 - Response of the Office to Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receiving a completed application for an initial letter of compliance or a continuing letter of compliance, and all documentation required by law or regulation, the office promptly shall determine compliance with the requirements of this subtitle by:
(1) Evaluating the application and required documentation; and
(2) Inspecting the:
(a) Facility proposed for use as a nursery school or child care program, if the application is for an initial letter of compliance; or
(b) Nursery school or child care program, if the application is for a continuing letter of compliance.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.02 - Letter of Compliance Application and Maintenance › Section 13A.17.02.06 - Denial of Letter of Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. An office may deny an application for an initial letter of compliance or a continuing letter of compliance if:
(1) The applicant or the building in which child care is provided fails to meet the requirements of this subtitle;
(2)An evaluation of the application form, medical documents, or any documents required by the office reveals that the applicant reported false information;
(3) The applicant has a history of regulatory violations that demonstrates an inability to provide for the health or safety of children;
(4) The applicant has previously had a family day care registration, child care center license, or letter of compliance denied or revoked by the office, unless the office is satisfied that the condition that was the basis for the denial or revocation has been corrected;
(5) The applicant prevents the office from completing its responsibilities for issuing a letter of compliance;
(6) An evaluation of criminal records or records of abuse or neglect of children and adults indicates, for those identified in Regulation .02A(3) and B(1) of this chapter, behavior harmful to children; or
(7) The office concludes that the applicant cannot provide for the health, safety, or welfare of the children in care on the basis of:
(a) Substantial, credible evidence of the applicant's abuse of alcohol or a controlled dangerous substance, mental instability, or other condition; or
(b) Other pertinent information received by the office that creates reasonable doubt as to the applicant's ability to provide child care in accordance with this subtitle.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.01 - Multi-Site Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A nursery school or child care program may have more than one location and may be treated as one facility for purposes of this subtitle only if:
A. The buildings:
(1) Function as one integrated center, are in close proximity such as across the street or on the same campus, and are connected by an intercom system; and
(2) Are under the supervision of one director; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.02 - Admission to Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator may not admit a child for care unless the operator has:
(1) Met the applicable requirements of this regulation; and
(2) If the child is temporarily admitted or retained in care on a temporary basis pursuant to §E of this Regulation, received the written records required by Regulation .04C-H of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.03 - Program Records

Current through Register Vol. 51, No. 14, July 12, 2024
The operator shall:
A. Create and maintain, for at least 2 years after their creation, records of program:
(1) Enrollment, with each child's name, address, telephone number, date of birth, and dates and time periods for that enrolled; and
(2) Attendance, by groups of children, which indicate:
(a) The dates of attendance of each child in the facility; and
(b) Verification by each child's parent of that child's recorded daily attendance in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.04 - Child Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. For each child admitted to, or continuing in care, the operator shall maintain written records, on forms provided or approved by the office, that meet the requirements of this regulation.
B. Each child's written records shall be:
(1) Readily accessible to all staff members providing care to the child; and
(2) Kept on file at the facility during the period of a child's enrollment and for 2 years after the child's disenrollment.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.05 - Staff Records

Current through Register Vol. 51, No. 14, July 12, 2024
The operator shall:
A. Maintain and, upon request by the office, submit a current and complete:
(1) List of personnel, on a form supplied or approved by the office, that includes each individual, whether paid or unpaid, who works at the facility on a routine basis; and
(2) Staffing pattern, on a form supplied or approved by the office, that specifies:
(a) The number and ages of children enrolled;
(b) The staff/child ratio in relation to the daily schedule; and
(c) By staff name, all child care assignments;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.06 - Notifications

Current through Register Vol. 51, No. 14, July 12, 2024
The operator shall:
A. Within 5 business days of its occurrence, provide written notification to the office about the:
(1) Addition of a new employee or staff member that includes:
(a) The individual's full name, date of birth, and date of hire;
(b) Information about the individual's work assignment;
(c) Proof of compliance with the laws and regulations pertaining to criminal background checks; and
(d) Signed and notarized permission to examine records of abuse and neglect of children and adults for information about the individual; or
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.07 - Change of Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when converting the facility to a summer camp, if an operator wishes to make any changes from the current letter of compliance, such as rooms not previously approved for child care, capacity, hours of operation, age groups served, or the introduction of food service, the operator shall request and obtain written approval of the change from the office before implementing the change.
B. After determining whether the proposed change meets the requirements of this subtitle, the office shall approve or disapprove the proposed change. If the change is approved, the office shall issue a revised letter of compliance indicating the change.
C. If an operator wishes to convert to a summer youth camp, the operator shall:
(1) Notify the office before implementing the change to a summer youth camp;
(2) Upon request by the office, provide proof to the office of the facility's certification as a summer youth camp under Health-General Article, Title 14, Subtitle 4, Annotated Code of Maryland;
(3) If applicable, remove the letter of compliance from display on the premises used for operating a summer youth camp during the period of summer youth camp operation; and
(4) Notify parents of children in care and those applying for care that:
(a) A child care facility is not being operated during summer months; and
(b) State regulations for camps differ from those for child care facilities.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.08 - Variances

Current through Register Vol. 51, No. 14, July 12, 2024
A. An office may grant a variance to a regulation under this subtitle:
(1) If the safeguards to a child's health, safety, or well-being are not diminished;
(2) When the operator presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and
(3) For a limited period of time as specified by the office, or for as long as the letter of compliance remains in effect and the operator continues to comply with the terms of the variance.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.03 - Management and Administration › Section 13A.17.03.09 - Advertisement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator may not advertise child care services unless the facility holds a current letter of compliance issued by the office.
B. An advertisement of the facility shall:
(1) Specify that the facility holds a letter of compliance; and
(2) Include the letter of compliance number issued to the facility by the office.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.04 - Operational Requirements › Section 13A.17.04.01 - Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
A. An office shall determine the capacity of the nursery school or child care program according to criteria established in:
(1) This subtitle affecting floor space, outdoor play space, staffing, equipment, ages of the children to be enrolled, and sanitary facilities; and
(2) Applicable codes, including zoning, building, and fire codes.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.04 - Operational Requirements › Section 13A.17.04.02 - Enrollment and Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. All children in care at any one time are counted as being in attendance for purposes of complying with the regulations governing capacity, group size, and staff/child ratios.
B. An operator may not enroll a child for more than 14 hours in a 24-hour period unless approved in advance by the office.
C. An operator shall maintain written records of:
(1) Enrollment with the child's name, address, telephone number, date of birth, and dates and time periods for which enrolled; and
(2) Attendance by groups of children which indicate the dates of attendance of each child in the child care facility.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.01 - Building Safety

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall provide a building for a child care facility that is:
(1) Maintained in good repair;
(2) Free from health and safety hazards as identified by the office; and
(3) Clean and free from infestation of insects and rodents.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.02 - Accessibility

Current through Register Vol. 51, No. 14, July 12, 2024
An operator shall ensure that an access road on facility property permits passage by emergency vehicles during times when children are in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.03 - Indoor Space

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a nursery school that holds a certificate of approval to operate, or a letter of exemption from approval, that was issued by the State Board of Education before December 1, 1971, and is still in effect, a minimum of 30 square feet of floor space shall be provided for each child.
B. In a nursery school or child care program granted a letter of compliance after December 1, 1971, a minimum of 35 square feet of floor space shall be provided for each child.
C. The office may not approve a capacity increase for a child care program or a nursery school currently approved, and wishing to maintain approval, to operate with less than 35 square feet per child.
D. In calculating the square footage of floor space provided for each child, the following may not be included:
(1) Any floor space, rooms, or areas that are not suitable or available for the daily program activities of the children, such as but not limited to columns, vestibules, and corridors, food preparation areas, kitchens, bathrooms, adult work areas, permanently equipped isolation areas or sleeping rooms, storage units, and storage space; and
(2) Furniture, except for:
(a) Children's chairs and tables which are nonfixed and multipurpose;
(b) An adult-size rocking chair or other adult-size comfortable chair;
(c) Moveable play equipment;
(d) An adult-size couch; and
(e) Open shelves for children's daily activities.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.04 - Building Repair and Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
Building maintenance, repair, or renovation activity may not occur while a child in care is on the premises if the activity may present a significant risk to child safety or health.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.05 - Lead-Safe Environment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A facility operator may not use paint with lead content on any:
(1) Exterior or interior surface of the facility; or
(2) Material or equipment used for child care purposes.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.06 - Ventilation and Temperature

Current through Register Vol. 51, No. 14, July 12, 2024
A room may be used for child care only if it:
A. Has natural or mechanical ventilation that provides adequate exchange of air to protect a child's health and comfort;
B. Is free of moisture and dampness; and
C. Has a temperature at floor level of not less than 65°F.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.07 - Water Supply

Current through Register Vol. 51, No. 14, July 12, 2024
A. The facility shall have hot and cold running water, with hot water temperature not exceeding 120°F.
B. For each 40 children in care, or fraction thereof, there shall be at least one drinking water source that is:
(1) Safely accessible to children 2 years old or older without assistance from an adult; and
(2) Not located in a toilet room or in a sink used for handwashing.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.08 - Sanitary Facilities and Supplies

Current through Register Vol. 51, No. 14, July 12, 2024
A. For every 15 children in care, an operator shall provide one toilet and one sink that are:
(1) Maintained in good operating condition and in a sanitary manner;
(2) Easily accessible to the children; and
(3) Equipped with water-resistant, nonabsorbent platforms which are safely constructed at a height that allows children to use the toilet and sink unassisted.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.09 - Lighting

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be sufficient natural and artificial lighting in all approved areas of the facility to allow proper child supervision and help ensure the safety of each child, employee, and visitor to the facility.
B. An operator shall use light fixtures with bulbs, lamps, and tubes that are shatter-proof or protected by shields to prevent shattering.
C. In a room approved for child care that does not have windows, an operator shall provide an approved source of lighting that will operate in case of a power failure.
D. An operator shall provide adequate outdoor lighting to ensure the safety of individuals entering and leaving the facility when it is dark outside.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.10 - Telephone and Communication

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be at least one operable telephone in the facility that is freely and readily available to all facility staff during the approved hours of operation.
B. In a facility with more than two rooms approved for child care, a staff member supervising a group of children in one room shall be able to communicate a request for assistance to a staff member in another room while maintaining continuous supervision of the group.
C. The operator shall provide additional telephones or extensions in the facility as may be required to:
(1) Summon emergency fire and rescue services promptly; and
(2) Transmit and receive other emergency communications.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.11 - General Cleanliness and Disposal of Refuse

Current through Register Vol. 51, No. 14, July 12, 2024
A. The entire child care facility, including floors, walls, ceilings, fixtures, furnishings, materials, and equipment, shall be kept clean and free of infestation.
B. Cleaning may not be conducted while children are present except in emergencies or as clean up activities that are part of the daily activity program.
C. Disposal of Refuse.
(1) Each room used for child care shall have a trash container with a disposable liner.
(2) All trash containers in child care areas shall be emptied when full but at least daily.
(3) Refuse that is placed outdoors to await collection shall be stored in receptacles that are:
(a) Made of tight, nonabsorbent, easily washable materials;
(b) Covered with tightly fitting lids; and
(c) Washed and treated with disinfectant when necessary to combat odors and prevent infestation.
(4) Biocontaminants and biohazards shall be disposed of in a clean and sanitary manner.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.12 - Outdoor Activity Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child care facility shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the facility that provides adequate usable activity space for the approved capacity of the facility.
B. A facility for which a notice of intent, filed pursuant to COMAR 13A(1), is received by the office on or after January 1, 2009, shall have an outdoor activity area that provides at least 75 square feet of usable play space for:
(1) One half of the approved capacity of the facility; or
(2) Each child, if the facility has an approved capacity of 20 or fewer children.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.05 - Physical Plant and Equipment › Section 13A.17.05.13 - Swimming Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only swimming facilities meeting applicable local standards of health, sanitation, and safety may be used.
B. An above-ground swimming pool:
(1) May not be used for swimming activities; and
(2) Shall be made inaccessible to children in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.06 - Staff Requirements › Section 13A.17.06.01 - Minimum Staff Age

Current through Register Vol. 51, No. 14, July 12, 2024
In a nursery school or child care program:
A. Except as provided in §B of this regulation, staff members or substitutes shall be at least 18 years old; and
B. An aide and a substitute aide shall be 16 years old or older and shall work under the direct supervision of the staff member in charge of the group to whom the aide is assigned.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.06 - Staff Requirements › Section 13A.17.06.02 - Staff Orientation and Training

Current through Register Vol. 51, No. 14, July 12, 2024
On or before assignment, an operator shall document that each employee and staff member has been informed in writing about all areas pertinent to the health and safety of the children, including:
A. The location of the telephone and emergency telephone numbers;
B. The location of each child's emergency form;
C. Emergency evacuation procedures;
D. The identity of the staff members who have first aid and CPR training;
E. The identity of the adult who is required to be available to provide emergency coverage pursuant to COMAR 13A;
F. Handwashing procedures;
G. The facility's discipline procedures;
H. The requirements and procedures for reporting suspected child abuse and neglect, according to Family Law Article, §§
									5-704 -5-705, Annotated Code of Maryland;
I. Signs and symptoms of abuse and neglect in children;
J. The content of the most current regulations in this subtitle;
K. The community resources available to the family of a child who may have special needs;
L. Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and
M. Basic health and safety is completed by each staff member by the end of each 12-month period, measured each calendar year.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.06 - Staff Requirements › Section 13A.17.06.03 - Suitability for Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child care facility operator may not employ an individual who has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:
(1) A crime involving:
(a) A child;
(b) Cruelty to animals;
(c) Domestic violence of an intimate partner or spouse; or
(d) A weapons or firearms violation of federal or state laws;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.06 - Staff Requirements › Section 13A.17.06.04 - Staff Health

Current through Register Vol. 51, No. 14, July 12, 2024
A. Medical Evaluation.
(1) An operator shall obtain a medical evaluation, conducted by a practicing physician, certified nurse practitioner, or registered physician's assistant, on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the center, from each prospective:
(a) Staff member; and
(b) Except for a health care professional serving as a consultant pursuant to Regulation .06C of this chapter, support staff who will be present at the facility while children are in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.06 - Staff Requirements › Section 13A.17.06.05 - Staff Health

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a staff member is absent, the operator shall provide a substitute as needed to maintain the staff/child ratios required by COMAR 13A.17.08.03B.
B. A substitute shall be 18 years old or older, except that a substitute aide may be 16 years old or older.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.06 - Staff Requirements › Section 13A.17.06.06 - Support Personnel

Current through Register Vol. 51, No. 14, July 12, 2024
A. The operator or the director shall provide additional personnel for all duties not involving direct supervision of children, such as personnel for food preparation and service, housekeeping, transportation, clerical, and other duties, if necessary to maintain the correct staff/child ratios at all times.
B. In a small facility, the operator need not provide additional staff if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed.
C. The operator of a facility that provides a service involving the regular use of specialized health care procedures or equipment shall use as a consultant to the facility in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other licensed or certified service professional as appropriate.