reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.16 - Administrative Hearings › Section 13A.17.16.01 - 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, and revocations of licenses or letters of compliance, as well as 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 child care services without a valid letter of compliance, and employment exclusions pursuant to COMAR 13A.17.06.03A 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.16 - Administrative Hearings › Section 13A.17.16.02 - 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, and an employment exclusion pursuant to COMAR 13A.17.06.03A 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) "Letter of compliance" means a letter issued by the Department to a religious organization which meets the requirements of Education Article, §
										9.5-404, Annotated Code of Maryland.
(11) "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.
(12) "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.
(13) "Office" means the central office or a regional office of the Office of Child Care.
(14) "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.
(15) "Party" means the appellant and the Office of Child Care.
(16) "Superintendent" means the State Superintendent of Schools.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.16 - Administrative Hearings › Section 13A.17.16.03 - Hearing Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing shall be held when:
(1) An applicant or holder of a letter of compliance requests a hearing to contest:
(a) The denial of an application for a letter of compliance;
(b) A revocation or suspension of a letter of compliance; or
(c) Any other action that adversely impacts the holder of the letter of compliance, 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.16 - Administrative Hearings › Section 13A.17.16.04 - 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.16 - Administrative Hearings › Section 13A.17.16.05 - 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 holder of the letter of compliance; 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.16 - Administrative Hearings › Section 13A.17.16.06 - 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.16 - Administrative Hearings › Section 13A.17.16.07 - 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.16 - Administrative Hearings › Section 13A.17.16.08 - 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.17 - Public Access to Licensing Records › Section 13A.17.17.01 - 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 issuance of a letter of compliance under this subtitle.
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 telephone 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.17 - Public Access to Licensing Records › Section 13A.17.17.02 - 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 letter of compliance facilities;
(2) Record of complaint forms pertaining to confirmed or unsubstantiated complaints;
(3) Copies of letters of compliance, including those on provisional or conditional status;
(4) Variances;
(5) Correspondence and documents requiring abatement of noncompliances with the regulations of this subtitle, including compliance agreements;
(6) Correspondence and documents pertaining to enforcement actions taken under this subtitle by the Department or office against a letter holder or child care facility, 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.17 - Public Access to Licensing Records › Section 13A.17.17.03 - 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 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.17 - Public Access to Licensing Records › Section 13A.17.17.04 - 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.01 - Scope and Definitions › Section 13A.18.01.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of this subtitle is to establish requirements for the identification, approval, and operation of large family child care homes.
B. Scope. This subtitle:
(1) Governs child care provided to children for less than 24 hours a day in a private residence that is:
(a) Not the child's own home; and
(b) Approved, or proposed for approval, by the office for a maximum child care capacity of 9 to 12 children; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.01 - Scope and Definitions › Section 13A.18.01.02 - 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" means:
(a) 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; or
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.02 - Registration Application and Maintenance › Section 13A.18.02.01 - Registration - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirement to Be Registered.
(1) An individual may not operate a large family child care home unless:
(a) Both the individual and the home meet the requirements for registration set forth in this subtitle; and
(b) The individual possesses a valid certificate of registration.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.02 - Registration Application and Maintenance › Section 13A.18.02.02 - Initial Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application for initial registration shall be filed with the office by an individual who wishes to operate a registered large family child care home and who:
(1) Is not currently a registered large family child care home provider; and
(2) Has not been registered as a large family child care home provider for at least 6 months before the date of application.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.02 - Registration Application and Maintenance › Section 13A.18.02.03 - Continuing Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application for Continuing Registration. To obtain a continuing registration, a provider shall submit to the office before expiration of the initial registration:
(1) A completed request, on a form supplied by the office, for continued registration;
(2) Documentation that the continued training requirements and the first aid and CPR certification requirements set forth in COMAR 13A.18.06.05-.07 have been met;
(3) A medical evaluation that meets the requirements of Regulation .02D(2) of this chapter for:
(a) The provider;
(b) Each resident in the home who has child care responsibilities;
(c) Each volunteer; and
(d) Each staff member;
(4) A completed and notarized release of information form that permits the office to examine records of abuse and neglect of children and adults for:
(a) The provider;
(b) Each provider substitute;
(c) Each resident in the home who is 18 years old or older;
(d) Each volunteer;
(e) Each staff member; and
(f) If required by the office, any other individual with regular access to the child care area during the approved hours of operation;
(5) Documentation that the child care home has passed the most recent fire inspection required by the local fire authority having jurisdiction;
(6) If the home is located in an apartment or other property that is rented or leased by the applicant, written authorization from the lessor, owner, or landlord permitting the provider to continue providing child care in the home; and
(7) Any other documentation required by law or regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.02 - Registration Application and Maintenance › Section 13A.18.02.04 - Provisional Status and Conditional Registration

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 registration additional time to meet all applicable requirements, the office may approve an initial or a continuing registration 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 registration may not be approved if the office has not yet received evidence that the applicant and, as applicable, each individual specified in Regulation .02C(1) and D(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 registration 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 registration; or
(b) Circumstances beyond the control of the applicant, the office may reapprove the provisional status of the registration for one or more additional periods of up to 120 days per period, except that provisional registration status may not be continued for more than 24 months after the start of the first provisional period.
(4) If the office denies a certificate of registration at the end of the provisional period, the applicant or provider does not have a valid registration and shall cease operating.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.02 - Registration Application and Maintenance › Section 13A.18.02.05 - Resumption of Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application to resume service shall be filed by:
(1) A registered provider who wishes to operate a large family child care home at an address different from that specified on the current certificate of registration; or
(2) An individual who was previously registered by the office to operate a large family child care home and who wishes to re-register, if the last effective date of the previous registration is within 6 months of the application.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.02 - Registration Application and Maintenance › Section 13A.18.02.06 - Response of the Office to Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as set forth at §C of this regulation, upon receiving the completed application and all required documentation, whether for an initial registration or a continuing registration, the office shall determine compliance with the requirements of this subtitle by:
(1) Evaluating the application and required documentation;
(2) Interviewing the applicant;
(3) Inspecting the residence proposed for use as a child care home;
(4) Evaluating the information provided by State and federal criminal background investigations; and
(5) Evaluating the information provided from records of child and adult abuse and neglect.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.02 - Registration Application and Maintenance › Section 13A.18.02.08 - Voluntary Surrender of Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider may voluntarily surrender a child care home registration at any time by notifying the office in writing.
B. If a registration is surrendered pursuant to §A of this regulation:
(1) The office shall note in the provider's file that the registration has been voluntarily surrendered; and
(2) The provider shall return the surrendered certificate of registration to the office.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.03 - Management and Administration › Section 13A.18.03.01 - Advertisement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not advertise a family child care service unless the individual holds a current certificate of registration issued by the office.
B. An advertisement of the family child care service by a provider shall:
(1) Specify that the child care home is registered; and
(2) Include the registration number issued to the child care home by the office.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.03 - Management and Administration › Section 13A.18.03.02 - Admission to Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider may not admit a child for care unless the provider has:
(1) Met the applicable requirements of this regulation; and
(2) Received the written records required by Regulation .04C"H of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.03 - Management and Administration › Section 13A.18.03.03 - Program Records

Current through Register Vol. 51, No. 14, July 12, 2024
The provider 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 which enrolled; and
(2) Attendance that indicate:
(a) The dates of attendance of each child in the child care home; 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.03 - Management and Administration › Section 13A.18.03.04 - Child Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless a child is temporarily admitted to or retained in care pursuant to §L of this Regulation, the provider shall maintain written records, on forms provided or approved by the office, that meet the requirements of this Regulation for each child admitted to or continuing in care.
B. Each child's written records shall be:
(1) Readily accessible to each staff member providing care to the child; and
(2) Kept on file at the child care home 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.03 - Management and Administration › Section 13A.18.03.05 - Staff Records

Current through Register Vol. 51, No. 14, July 12, 2024
The provider shall:
A. Maintain and, upon request by the office, submit a current and complete list of personnel, on a form supplied or approved by the office, that includes each individual, whether paid or unpaid, who works at the child care home on a routine basis;
B. For review by the office and by parents who have enrolled their children or are considering enrolling their children, post in a conspicuous location a current and complete staffing pattern, on a form supplied or approved by the office, that specifies:
(1) The number and ages of children enrolled;
(2) The staff/child ratio in relation to the daily schedule; and
(3) By staff member name, all child care assignments;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.03 - Management and Administration › Section 13A.18.03.06 - Notifications

Current through Register Vol. 51, No. 14, July 12, 2024
The provider shall:
A. Within 5 working days of its occurrence, provide written notification to the office about the:
(1) Addition of a new 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.03 - Management and Administration › Section 13A.18.03.07 - Change of Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a provider wishes to make any changes from the current registration, such as use of rooms not previously approved for child care, capacity, hours of operation, or age groups served, the provider shall request and receive 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 registration indicating the change.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.03 - Management and Administration › Section 13A.18.03.08 - Variances

Current through Register Vol. 51, No. 14, July 12, 2024
A. The 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 provider 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 registration remains in effect and the provider continues to comply with the terms of the variance.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.04 - Operational Requirements › Section 13A.18.04.01 - Hours of Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider shall limit the hours of care to the approved hours of operation stated on the certificate of registration.
B. A provider may not offer overnight care without prior written approval from the office.
C. A provider who wishes to provide overnight care shall:
(1) Submit to the office a written plan of operation that includes:
(a) The number and ages of children to be served;
(b) A meal and snack schedule;
(c) The name of the overnight care substitute, if different from the daytime care substitute;
(d) A child supervision plan;
(e) A bedtime routine; and
(f) An evacuation plan for each room where a child in care will sleep; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.04 - Operational Requirements › Section 13A.18.04.02 - Child Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office shall determine the capacity of a large family child care home according to criteria established in:
(1) This subtitle affecting floor space, outdoor activity space, staffing, child supervision, equipment, ages of the children to be enrolled, and sanitary facilities; and
(2) Applicable codes, including but not limited to zoning, building, and fire codes.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.04 - Operational Requirements › Section 13A.18.04.03 - Enrollment and Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider may enroll a child for care at the child care home only if the child's age group is approved for care, as indicated on the provider's current certificate of registration.
B. 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.
C. The office:
(1) Shall count as a child in care a resident who is younger than 6 years old; and
(2) May count as a child in care a child who is visiting the child care home if the child:
(a) Is younger than 8 years old and unaccompanied by an adult; or
(b) Cannot be sent home immediately.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.04 - Operational Requirements › Section 13A.18.04.04 - Restriction of Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon determining that any of the following is unsuitable for the child care home, the office may restrict or reduce the provider's approved:
(1) Hours of care;
(2) Child care age groups; or
(3) Child capacity.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.01 - Suitability of the Home

Current through Register Vol. 51, No. 14, July 12, 2024
The child care home shall:
A. Comply with all applicable State and local codes, including but not limited to zoning, building, plumbing, gas, electrical, sewage disposal, drinking water, environmental, health, and fire codes;
B. Be in good repair;
C. Be free of health or safety hazards, including infestation by insects and rodents;
D. Have operable and safe utility services for lighting, heating, and cooking;
E. Have a toilet in good working condition that is readily accessible to children in care; and
F. Have an operable refrigerator and stove.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.02 - Accessibility

Current through Register Vol. 51, No. 14, July 12, 2024
The provider shall ensure that an access road on the child care home property permits passage by emergency vehicles during times when children are in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.03 - Rooms Used for Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. An area of the home may be used for child care only if it:
(1) Has been approved for use by the office;
(2) Meets the requirements of all applicable fire codes; and
(3) Does not have a condition that may pose a risk to the health, safety, or welfare of the children in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.04 - Home Repair and Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
Maintenance, repair, or renovation activity performed at a child care home 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.05 - Lead-Safe Environment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider may not use paint with lead content on any:
(1) Exterior or interior surface of the child care home; or
(2) Material or equipment used for child care purposes.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.06 - 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.07 - Water Supply

Current through Register Vol. 51, No. 14, July 12, 2024
A. The child care home shall have hot and cold running water, with hot water temperature not exceeding 120°F.
B. 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 hand washing.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.08 - Sanitary Facilities and Supplies

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as set forth at §B of this regulation, the provider 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.09 - Lighting

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be sufficient natural and artificial lighting in all approved child care areas of the home to allow children to engage in activities safely, allow proper child supervision, and help ensure the safety of each child, employee, and visitor to the home.
B. A provider 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, a provider shall provide an approved source of lighting that will operate in case of a power failure.
D. A provider shall provide adequate outdoor lighting to ensure the safety of persons entering and leaving the child care home when it is dark outside.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.10 - Telephone and Communication

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be at least one operable telephone in the child care home that is freely and readily available to all staff members during the approved hours of operation.
B. In a child care home 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. On each level of the child care home where care is provided to children younger than 2 years old, there shall be an operable telephone.
D. The provider shall provide additional telephones or extensions in the child care home 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.11 - Cleanliness and Sanitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. All of the space in the child care home approved for child care purposes, 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 cleanup activities that are part of the daily child care program.
C. Disposal of Refuse.
(1) Each room used for child care shall have a trash container with a disposable liner.
(2) In each area used for changing diapers, there shall be a separate trash container reserved for diaper discards that:
(a) Has a disposable liner and tightly fitting lid; and
(b) Makes the contents of the container inaccessible to children in care.
(3) All trash containers in child care areas shall be emptied when full but at least daily.
(4) 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.
(5) Biocontaminants and biohazards shall be disposed of in a clean and sanitary manner.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.12 - Outdoor Activity Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child care home shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the home that provides adequate usable play space for the approved capacity of the home.
B. Usable Outdoor Play Space.
(1) Except as set forth at §B(2) of this regulation, a child care home shall have an outdoor activity area that provides at least 75 square feet of usable play space for each child.
(2) A child care home that was originally licensed as a small center, and for which a notice of intent filed pursuant to COMAR 13A(2) as part of an application for a child care center license was received by the office before January 1, 2009, shall have an outdoor activity area that provides ample usable play space for all of the children in attendance.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.05 - Home Environment and Equipment › Section 13A.18.05.13 - Swimming Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider or substitute may permit children in care to use only swimming facilities that:
(1) Are subject to State or local standards of health, sanitation, and safety; and
(2) Meet those standards.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.01 - Minimum Staff Age

Current through Register Vol. 51, No. 14, July 12, 2024
A staff member in a child care home may not be younger than 16 years old.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.02 - Staff Orientation

Current through Register Vol. 51, No. 14, July 12, 2024
On or before assignment, a provider shall ensure and document that each 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 and disaster plan contents;
D. Identity of the staff members who:
(1) Are currently certified in first aid and CPR; and
(2) Have completed approved training in medication administration;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.03 - Suitability for Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.04 - Staff Health

Current through Register Vol. 51, No. 14, July 12, 2024
A. Medical Evaluation.
(1) A provider shall obtain a medical evaluation on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the child care home, from each prospective:
(a) Staff member; and
(b) Except for a health care professional serving as a consultant pursuant to Regulation .09C of this chapter, support staff who will be present at the child care home while children are in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.05 - Child Care Home Directors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use of a Director.
(1) A provider may designate an individual to serve as the director of the child care home.
(2) If an individual is not designated by the provider as the director, the provider shall be the director of the child care home.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.06 - Family Child Care Teachers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A family child care teacher in a child care home shall be 19 years old or older.
B. To qualify or continue to qualify as a family child care teacher, an individual:
(1) Shall hold or have successfully completed:
(a) A high school diploma, a certificate of high school equivalence, or courses for credit from an accredited college or university;
(b) 9 clock hours of approved preservice training in communicating with staff, parents, and the public or at least one academic college course for credit;
(c) Approved preservice training in child development and curriculum documented by:
(i) 6 semester hours or 90 clock hours or their equivalent;
(ii) The Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; or
(iii) Accreditation by the National Association for Family Child Care as a family child care provider;
(d) 3 clock hours of approved training in complying with the Americans with Disabilities Act; and
(e) Effective January 1, 2020, approved basic health and safety training within 90 days of employment; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.06-1 - Probationary Family Child Care Teachers

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who has not met the requirements specified in Regulation .06 of this chapter is eligible for employment as a family child care teacher for children 3 years old and older in a child care home for a probationary period of up to 6 months if the individual:
(1) Is applying for employment as a family child care teacher for the first time in a Maryland center or home;
(2) Is 19 years old or older;
(3) Is enrolled in 3 clock hours of approved training in compliance with the Americans with Disabilities Act;
(4) Is enrolled in the approved basic health and safety training; and
(5) Meets the requirements of §B or C of this regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.07 - Aides

Current through Register Vol. 51, No. 14, July 12, 2024
A. An aide shall:
(1) Be 16 years old or older;
(2) Work under the direct supervision of the provider or the family child care teacher in charge of the group of children to which the aide is assigned;
(3) Effective January 1, 2020, complete the approved basic health and safety training within 90 days of employment;
(4) According to the individual's professional development plan, complete approved continued training, at the rate of at least 6 clock hours per full year of employment as a child care aide, that consists of a:
(a) Minimum of 3 clock hours of core of knowledge training; and
(b) Maximum of 3 clock hours of elective training;
(5) Document completion of the continued training on the professional development plan; and
(6) Document that the health and safety training, as required by the office, 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 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.08 - Substitutes

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a staff member is absent, a substitute for that staff member shall be provided as needed to maintain the staff/child ratios required by COMAR 13A.18.08.03B.
B. A substitute shall:
(1) Be 18 years old or older;
(2) Be familiar with this subtitle;
(3) Complete, sign, and submit to the office the required forms for substitutes, which include permission to examine records of abuse and neglect of children;
(4) Apply for a federal and State criminal background check at a designated law enforcement office in the State; and
(5) Present no risk to the health, safety, or welfare of children.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 18 - LARGE FAMILY CHILD CARE HOMES › Chapter 13A.18.06 - Provider and Staff Requirements › Section 13A.18.06.09 - Support Personnel

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as set forth at §B of this regulation, the provider 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. Additional staff need not be provided if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed.
C. A child care home that provides a regular service involving the use of specialized health care procedures or equipment shall use as a consultant in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other registered or certified service professional as appropriate.