reglab/statecodes huggingface dataset:
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.17.06.07 - Volunteers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child care facility volunteer shall be under the close supervision of a staff member whenever the volunteer is in contact with an unrelated child in care at the facility.
B. The operator may not use as a volunteer an individual who has been prohibited, or automatically would be prohibited, from employment at the facility pursuant to Regulation .03A or B of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.07 - Child Protection › Section 13A.17.07.01 - Prohibition of Abuse, Neglect, and Injurious Treatment

Current through Register Vol. 51, No. 14, July 12, 2024
An operator, a staff member, substitute, volunteer, person residing on the premises of the facility, or anyone connected with the facility may not subject a child to child abuse, neglect, mental injury, or injurious treatment.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.07 - Child Protection › Section 13A.17.07.02 - Abuse/Neglect Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator, staff member, employee, substitute, or volunteer who has reason to believe that a child has been:
(1) Abused, in a facility or outside of the facility, shall report that belief directly to the Child Protective Services unit of the local department or to a law enforcement agency, as required under Maryland law;
(2) Neglected, in a facility or outside of the facility, shall report that belief directly to the Child Protective Services unit of the local department as required under Maryland law.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.07 - Child Protection › Section 13A.17.07.03 - Child Discipline

Current through Register Vol. 51, No. 14, July 12, 2024
A. Child discipline shall be:
(1) Appropriate to the age, maturity, and physical condition of the child; and
(2) Consistent with the requirements of this subtitle.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.07 - Child Protection › Section 13A.17.07.04 - Parental Access

Current through Register Vol. 51, No. 14, July 12, 2024
An operator shall permit the parent of a child in care to:
A. Freely observe all areas of the facility used for child care during operating hours; and
B. Have access, without appointment, to the parent's child at any time during the nursery school's or child care program's hours of operation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.07 - Child Protection › Section 13A.17.07.05 - Authorized Release

Current through Register Vol. 51, No. 14, July 12, 2024
An operator shall ensure that a staff member releases a child only to the child's parent or to another individual, if directed by the parent, whose identity is verified. If the parent or identified individual is not available due to death, illness, emergency, or any other cause, or if requested by a Child Protective Services worker, the child may be released to Child Protective Services.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.07 - Child Protection › Section 13A.17.07.06 - Child Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall ensure the safety and security of each child at all times.
B. Unless an employee or staff member has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records, the individual may not be alone with an unrelated child in care.
C. A facility employee or staff member who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records shall:
(1) Accompany a child whenever the child is in the presence of another individual, unless the individual is:
(a) Another child in care;
(b) A health service consultant used by the facility operator pursuant to COMAR 13A.17.06.06C;
(c) The child's parent, guardian, or other individual to whom the child may be released pursuant to Regulation .05 of this chapter;
(d) An individual who is authorized by the child's parent or guardian, and whose identity is verified, to provide a health care, educational, or other service to the child;
(e) During an off-site activity, another child's parent or guardian, who is designated in writing by the facility operator to assist in transporting children to or from the facility; or
(f) If the facility is located at a school, an individual who for compensation is employed to work at the school; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.08 - Child Supervision › Section 13A.17.08.01 - Individualized Attention and Care

Current through Register Vol. 51, No. 14, July 12, 2024
An operator shall ensure that:
A. Each child receives:
(1) Attention to the child's individual needs, including but not limited to making reasonable accommodations for a child with special needs in accordance with applicable federal and State laws; and
(2) Adequate supervision and care at all times that is:
(a) Provided only by individuals who are designated by the operator to provide supervision and care; and
(b) Appropriate to the individual age, needs, and capabilities of the child;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.08 - Child Supervision › Section 13A.17.08.02 - Staff Available for Emergencies

Current through Register Vol. 51, No. 14, July 12, 2024
In case of an emergency, during periods when only one staff member is required to be present to meet the staff/child ratio, an operator shall obtain a written, signed, and dated agreement from an adult who:
A. Has successfully passed a federal and State criminal background check and a review of child abuse and neglect records; and
B. Is willing and able to be at the nursery school or child care program within 15 minutes of notification.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.08 - Child Supervision › Section 13A.17.08.03 - Group Size and Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Assignment of Staff. One or more staff members shall be assigned to each group of children as needed to meet the requirements for group size and staffing set forth at §§C-E of this regulation.
B. Age of a Child. For purposes of determining group size and staff required under this chapter, the age of a child is determined solely according to the date of the child's most recent birthday.
C. Same-Age Groups in Nursery Schools. In groups of children of the same age in a nursery school, the following requirements apply:
Child Age Group
Staff/Child Ratio
Maximum Group Size
2 years old
1 to 6
12
3 years old
1 to 12
24
4 years old
1 to 15
30
D. Same-Age Groups in Before-School and After-School Child Care Programs. In groups of children of the same age in a before-school or after-school child care program, the following requirements apply:
Child Age Group
Staff/Child Ratio
Maximum Group Size
2 years old
1 to 6
12
3 or 4 years old
1 to 10
20
5 years old or older
1 to 15
30
E. Mixed Age Groups.
(1) A mixed age group with preschool children may not exceed 20 children.
(2) In a mixed age group with preschool children 3 years old or older, the staff to child ratio is 1 to 10.
(3) A maximum of six 2-year-olds may be in a mixed age group of 13 to 20 children.
(4) In mixed-age groups of varying sizes that include children who are 2 years old, the following minimum staffing levels apply:
Group Composition
&#Group Size
Minimum Staffing Level
Group includes one to three 2 year old children
7 to 10
1 Staff member
Group includes four or more 2 year old children
7 to 10
2 Staff members
Group includes one to three 2 year old children
13 to 20
2 Staff members
Group includes four to six 2 year old children
13 to 20
3 Staff members
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.08 - Child Supervision › Section 13A.17.08.04 - Variations in Group Size

Current through Register Vol. 51, No. 14, July 12, 2024
A. Group sizes for all ages may vary during outdoor play and special activities such as field trips and assemblies, only if the operator maintains the staff/child ratios required by this chapter.
B. Groups containing only school age children may be of any size, pursuant to a plan approved by the office, if the staff/child ratios required by this chapter are maintained.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.08 - Child Supervision › Section 13A.17.08.05 - Supervision During Water Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall have prior written approval from a child's parent for the child's participation in a water activity.
B. If a wading or swimming area is 4 feet or less in depth, each child engaged in a water activity shall receive continuous supervision by a staff member.
C. If the water exceeds 4 feet in depth, there shall be a lifeguard present who:
(1) Holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department;
(2) Is present at waterside during the swimming activity; and
(3) May not be included in the required staff/child ratio.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.08 - Child Supervision › Section 13A.17.08.06 - Supervision During Transportation

Current through Register Vol. 51, No. 14, July 12, 2024
When child transportation is conducted to or from:
A. The child care facility by the facility operator, there shall be at least one adult, who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records pursuant to COMAR 13A.17.07.06C, other than the driver present in the vehicle if:
(1) More than eight preschoolers are being transported as a group; or
(2) At least one child is being transported and the driver of the vehicle is not:
(a) A facility employee; or
(b) The parent of a child in care who is authorized by the operator to assist in transporting children in care; or
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.08 - Child Supervision › Section 13A.17.08.07 - Playground Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
When a group of children is engaged in a playground or outdoor activity, staff members assigned to the group shall:
A. Station themselves near the children so that immediate intervention can occur if necessary; and
B. If a child expresses or shows signs of discomfort due to over-activity, temperature or weather conditions, or other physical or environmental factors, take immediate and appropriate steps to alleviate the discomfort.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.08 - Child Supervision › Section 13A.17.08.08 - Rest Time Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
During a rest period for a group of children:
A. The required staff/child ratio applicable to that group shall be maintained until all the children are resting quietly; and
B. Once all the children in the group are resting quietly:
(1) At least one staff member assigned to the group shall continue to remain in the room with the children; and
(2) Other staff members, if any, assigned to the group may leave the room but shall remain on the premises and within hearing range.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.09 - Program Requirements › Section 13A.17.09.01 - Materials and Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall provide to each group of children in care a sufficient quantity and variety of materials and equipment for indoor and outdoor activities according to the number and ages of the children.
B. Activity materials and equipment provided to a child shall be:
(1) Appropriate to the child's age and developmental status;
(2) Safe;
(3) In good repair;
(4) Clean;
(5) Nontoxic; and
(6) Free from hazards, including lead paint.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.09 - Program Requirements › Section 13A.17.09.02 - Rest Furnishings

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be:
(1) A suitable cot or mat for each child 2 to 5 years old present in the facility for more than 4 hours, and for children 5 years old or older who regularly take rest periods in the facility;
(2) A suitable bed for each child who is present in the facility during those hours that are usual nighttime sleep hours for that child; and
(3) An adequate supply of clean bedding provided for each child who takes rest periods at the facility.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.09 - Program Requirements › Section 13A.17.09.03 - Storage

Current through Register Vol. 51, No. 14, July 12, 2024
There shall be appropriate storage for:
A. Materials and equipment;
B. Mats, cots, beds, and bedding;
C. Portable equipment intended for outdoor use;
D. Each child's clothing and possessions in an individual space; and
E. Materials, equipment, furnishings, and supplies being held in reserve.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.10 - Safety › Section 13A.17.10.01 - Emergency Safety Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Emergency and Disaster Plan.
(1) At least one facility employee shall:
(a) Complete emergency preparedness training that is approved by the office; and
(b) As part of the approved emergency preparedness training, prepare a written emergency and disaster plan for the facility.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.10 - Safety › Section 13A.17.10.02 - First Aid and CPR

Current through Register Vol. 51, No. 14, July 12, 2024
A. At all times, including during an off-site activity, at least one individual who is responsible for supervision of children shall be present who holds a current certificate indicating successful completion of approved:
(1) Basic first aid training through the American Red Cross, or a program with equivalent standards; and
(2) Cardiopulmonary resuscitation (CPR) training through the American Heart Association, or a program with equivalent standards, which is appropriate to all child age groups for which the facility is approved.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.10 - Safety › Section 13A.17.10.03 - Safe Use of Materials and Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
The operator shall ensure that furnishings, activity materials, and equipment, whether intended for indoor use or outdoor use, are used:
A. In a safe and appropriate manner by each employee and each child in attendance; and
B. If applicable, in accordance with manufacturer instructions or recommendations.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.10 - Safety › Section 13A.17.10.04 - Potentially Hazardous Items

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall store all potentially harmful items, including but not limited to the items described in §§B-F of this regulation, in locations which are inaccessible to children in care.
B. Petroleum and flammable products shall be stored in an approved manner.
C. Cleaning and sanitizing agents and poisonous products shall be stored apart from food and beverages.
D. Containers of poisonous products may not be kept on the premises unless they are labeled clearly as to nature, content, and approved purposes.
E. A pesticide may be used only if it is:
(1) Approved by the U.S. Environmental Protection Agency;
(2) Used according to the manufacturer's instructions;
(3) Used only when children are not in care; and
(4) Stored apart from food, beverages, and cleaning agents.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.10 - Safety › Section 13A.17.10.05 - Transportation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless being transported in a licensed school bus or contract motor coach, each child who is transported in a vehicle while in care is separately secured in a child car seat or seat belt which is appropriate for the child's age and weight, as specified by Maryland Law.
B. A vehicle used to transport a child in care shall comply with all applicable state and federal safety requirements.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.11 - Health › Section 13A.17.11.01 - Exclusion for Acute Illness

Current through Register Vol. 51, No. 14, July 12, 2024
A. Child care staff shall:
(1) Monitor a child for signs and symptoms of acute illness;
(2) Notify a child's parent or other designated person upon observing a sign or symptom of acute illness; and
(3) Provide temporary isolation for the affected child in a suitably equipped separate area within sight and hearing of an adult.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.11 - Health › Section 13A.17.11.02 - Infectious and Communicable Diseases

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall immediately transmit to the health officer a report of the name and address of a child or a staff member who appears to be infected with a reportable communicable disease or who has been exposed to a reportable communicable disease as indicated in COMAR 10.06.01.03C.
B. Except in facilities for children with acute illness, an operator may not knowingly admit to care or retain in care a child with a transmissible infection or a communicable disease during the period of exclusion recommended for that infection or disease as shown in the Communicable Disease Summary, as published by the Maryland Department of Health, unless the health officer grants approval for the child to attend child care during that period.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.11 - Health › Section 13A.17.11.03 - Preventing Spread of Disease

Current through Register Vol. 51, No. 14, July 12, 2024
A. A written handwashing procedure approved by the office shall be posted at each sink used for washing hands.
B. Hands shall be washed according to the posted approved procedure by a facility employee, substitute, volunteer, or child in care at least:
(1) After toileting or diapering;
(2) Before food preparation or eating; and
(3) After an outdoor activity or handling an animal.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.11 - Health › Section 13A.17.11.04 - Medication Administration and Storage

Current through Register Vol. 51, No. 14, July 12, 2024
A. Medication Administration.
(1) Medication, whether prescription or nonprescription, may not be administered to a child in care unless:
(a) Parental permission to administer the medication is documented on a completed, signed, and dated medication authorization form, provided by the office, that is received at the center before the medication is administered; and
(b) A licensed health practitioner has approved the administration of the medication and the medication dosage.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.11 - Health › Section 13A.17.11.05 - Alcohol, Tobacco, Cannabis, and Other Drugs

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a resident smokes or vapes any substance, including but not limited to tobacco or cannabis, the provider shall make this known in advance to parents who are considering placing their children in the facility's care.
B. A resident may not consume alcohol during the facility's approved hours of operation.
C. A provider and any other individual may not consume alcohol during the facility's approved hours of operation.
D. During the facility's hours of operation, if an enrolled child is or will be on the premises, the provider or any other individual may not smoke or vape or permit smoking or vaping in any indoor or outdoor area approved for child care use.
E. A provider and any other individual may not consume or be under the influence of alcohol, cannabis, or an illegal or nonprescribed controlled dangerous substance while:
(1) Present at the facility during the facility's hours of operation; or
(2) Providing or assisting with the care of children during an off-site program activity or during transport.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.12 - Nutrition › Section 13A.17.12.01 - Food Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Food and Beverages.
(1) Food and beverages that are furnished by an operator for meals or snacks, or both, shall comply with the guidelines of the Child and Adult Care Food Program of the U.S. Department of Agriculture, as indicated on a chart supplied by the office.
(2) For children in care, unless provided by the child's parent, the operator shall furnish:
(a) All beverages, including beverages for meals and snacks; and
(b) Milk with all meals.
(3) Except as prescribed for a child by a health care provider, a beverage furnished by the operator may not contain an added sweetener or caffeine.
(4) Unless otherwise ordered by a health care provider or requested by the child's parent, milk furnished to a child by the operator shall be 1% fat milk or nonfat milk.
(5) The operator may arrange with a child's parent to furnish milk of a type that is different from the milk ordinarily furnished by the operator.
(6) The operator shall keep a supply of nutritious food on hand in order to provide food to a child whose parent has not supplied:
(a) Food for meals or snacks; or
(b) Sufficient food to meet the standards of the Child and Adult Care Food Program of the U.S. Department of Agriculture.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.12 - Nutrition › Section 13A.17.12.02 - Modified Diet

Current through Register Vol. 51, No. 14, July 12, 2024
When an operator agrees to accept a child who requires a modified diet for:
A. Medical reasons, the operator shall obtain from the child's parent a written prescription for the diet signed and dated by the child's licensed health practitioner within the previous 6 months; or
B. Cultural or religious reasons, the operator shall obtain written, dated instructions for the diet signed by the child's parent.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.12 - Nutrition › Section 13A.17.12.03 - Food Sources

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall furnish food at the facility only if it is wholesome and free from spoilage, filth, or other contamination and obtained from sources that comply with all laws relating to food, food processing, food handling, and food labeling.
B. When an operator contracts to have food furnished from an outside source, such as a catering service, the operator shall ensure that the food:
(1) Has been prepared and processed in a licensed food service facility or in a licensed food processing plant; or
(2) Consists of a snack or party food which is not potentially hazardous and does not present a significant risk of transmitting food-borne disease.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.12 - Nutrition › Section 13A.17.12.04 - Food Storage and Preparation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall:
(1) Protect all food from contamination while it is being stored, transported, or displayed; and
(2) Prepare and serve food in a safe, sanitary, and healthful manner.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.12 - Nutrition › Section 13A.17.12.05 - Food Preparation Area and Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appliances and equipment in the food preparation area shall be:
(1) Cleaned and sanitized;
(2) In good repair;
(3) Capable of normal operation; and
(4) Not conducive to the harboring of insects and rodents.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.13 - Adolescent Facilities › Section 13A.17.13.01 - Requirements for Approval

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant for a child care program offering care to children attending a middle school shall:
A. Meet the requirements of this subtitle; or
B. Do both of the following:
(1) Submit to and receive prior approval from the office of a written plan of operation for the program that meets the intent of the requirements of this subtitle; and
(2) Operate according to the approved plan.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.13 - Adolescent Facilities › Section 13A.17.13.02 - Plan of Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A plan of operation submitted pursuant to Regulation .01 of this chapter shall include:
A. A definition of the population to be served and the criteria for admission;
B. Staffing information and a staffing pattern for the program;
C. The space, materials, equipment, and furnishings to be used;
D. The days and hours of operation;
E. Locations other than the facility which will be used for activities;
F. Activities to be held at locations other than the facility;
G. A method of accounting for children's whereabouts;
H. A method for assuring parental approval for activities held at locations other than the facility;
I. A method for having a consistent staff member available to each child;
J. A transportation plan if necessary; and
K. A nutritional plan as required.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. This chapter establishes requirements for approval to operate an educational program in a nonpublic nursery school.
B. Scope. This chapter does not apply to an educational program in a nonpublic nursery school operated by:
(1) The federal government or any State, county, or municipal agency or division of these; or
(2) A bona fide church organization that is exempt from holding a certificate of approval by the State Board under Education Article, §
										2-206, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.02 - 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) "Certificate of approval" means the document issued by the State Board to the legal authority responsible for governing and operating a school if the school has met the requirements of this chapter.
(2) "Child care center license" means the document issued by the Department pursuant to COMAR 13A.16 that authorizes the recipient to operate a child care center.
(3) "Class" means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of an educational program.
(4) "Department" means the State Department of Education.
(5) "Department representative" means an individual designated by the Department to determine compliance with this chapter.
(6) "Educational program" means an organized program of instruction that:
(a) Is provided by a teacher; and
(b) Meets the requirements of Regulation .07 of this chapter.
(7) "Institution of higher education (IHE)" means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.
(8) "Letter of compliance" means a document issued by the Department pursuant to this subtitle that authorizes the recipient to operate a letter of compliance facility.
(9) "Montessori program" means an educational program based on the pedagogical philosophy of Dr. Maria Montessori, as reflected in the program's teacher qualifications, curriculum, instructional methods, and materials and equipment.
(10) "Nursery school" means an educational program for children who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.
(11) "Office" means the central office or a regional office of the Department's Division of Early Childhood Development, Office of Child Care.
(12) "Operator" means:
(a) The nonpublic entity registered as active with the State Department of Assessments and Taxation that is responsible for governing and operating a school;
(b) The individual or entity to which a child care center license or a letter of compliance has been issued by the Department; or
(c) A bona fide church organization that is approved by the State Board to operate an educational program.
(13) "State Board" means the Maryland State Board of Education.
(14) "Teacher" means an individual who:
(a) Provides instruction to children enrolled in an educational program; and
(b) Meets the requirements of Regulation .06B of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.03 - Approval to Operate an Educational Program - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual or entity may operate an educational program in a nonpublic nursery school only if the individual or entity holds a valid child care license or letter of compliance issued by the Department.
B. A bona fide church organization may be approved to operate an educational program without holding a child care center license or a letter of compliance if child care is not a component of the program.
C. The operator of a licensed small center may not be approved to operate an educational program if:
(1) The small center is located in a private residence; and
(2) The program would be operated in the living space of the residence.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.04 - Approval to Operate an Educational Program - Specific Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application for Approval.
(1) Application for approval shall be made in a manner and form and according to timelines established by the office.
(2) The applicant shall submit all information that the office considers necessary in order to ascertain compliance with the requirements of this chapter.
(3) An operator approved to operate an educational program may not apply for approval to operate another educational program if the educational program for which the operator is currently approved is not in full compliance with all applicable requirements of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.05 - Compliance and Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. Continued approval to operate an educational program is conditioned on the operator's maintaining compliance with this chapter.
B. To evaluate compliance with this chapter, the office may inspect the educational program, with or without prior notice to the operator, at any time during the approved hours of operation of the program.
C. During an inspection, the operator shall permit the Department representative access to any activity, person, material, document, or other information or source of information connected with the educational program that is considered necessary by the Department representative for the purpose of the inspection.
D. Following each inspection of the educational program, the office shall provide the operator with a written report of all findings of the inspection.
E. If the educational program fails to demonstrate compliance with the requirements of this chapter, the office shall notify the operator in writing of the:
(1) Regulation or regulations with which the program does not demonstrate compliance;
(2) Fact or facts that demonstrate the program's noncompliance with each regulation;
(3) Action or actions the operator is required to take to demonstrate compliance with each regulation; and
(4) Date by which the program is required to demonstrate compliance with each regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.06 - Personnel Qualifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Educational Program Administrator.
(1) The operator shall have an educational program administrator who is responsible for the day-to-day administration of the educational program.
(2) An individual hired as the educational program administrator at a minimum shall meet the standards established in §B(3) of this regulation.
(3) The operator shall have a written position description that states the duties and responsibilities of the educational program administrator.
(4) The educational program administrator shall have sufficient time during each educational program day to carry out the duties and responsibilities stated in the written position description of the educational program administrator.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.07 - Educational Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program. The operator shall implement and maintain at the nonpublic nursery school a written curriculum of the nonpublic nursery school's educational program for the development of skills for each approved nursery school age in the following areas:
(1) Personal and social development;
(2) Language and literacy development;
(3) Mathematical and scientific thinking;
(4) Social studies;
(5) The arts; and
(6) Physical development and health.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.08 - Child Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The operator of an educational program in a nonpublic nursery school shall maintain a cumulative record for each child enrolled in the educational program.
B. Each child's record shall include the:
(1) Nonpublic nursery school's name;
(2) Nonpublic nursery school's address;
(3) Nonpublic nursery school's telephone number;
(4) Child's first, middle, and last names;
(5) Child's month, day, and year of birth;
(6) Child's home address;
(7) Month, day, and year the child initially entered the educational program;
(8) Age on enrollment in the educational program;
(9) Month, day, and year the child withdrew from the educational program, if applicable;
(10) Child's performance information in each curricular area;
(11) Code for the meaning of performance information; and
(12) Number of days the child attended in each school year.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.09 - Health, Fire Safety, and Zoning

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall obtain and maintain documentation verifying current compliance with health, fire safety, and zoning regulations applicable to a nonpublic nursery school.
B. In a licensed child care center or a letter of compliance facility, the requirements of §A of this regulation are met by complying with pertinent health, fire safety, and zoning requirements set forth under COMAR 13A.16 or COMAR 13A.17, as applicable.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.14 - Educational Programs in Nonpublic Nursery Schools › Section 13A.17.14.10 - Procedures and Sanctions for Noncompliance - Educational Programs

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department believes that a nonpublic nursery school does not meet the conditions or standards on which the certificate of approval of the school was based, the Department shall implement procedures and sanctions for noncompliance approved by the State Board.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.01 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
The office shall investigate:
A. Both written and oral complaints that relate to a potential violation of a regulation under this subtitle, including anonymous complaints; and
B. Complaints of providing child care or advertising child care services without a valid letter of compliance.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.02 - Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall permit inspection by the agency representative of all areas of the facility regulated by this subtitle during the nursery school's or child care program's hours of operation without prior notice to the operator.
B. An operator may request satisfactory identification from the agency representative before admitting the representative for an inspection.
C. During an inspection, and upon request, an operator shall make the records required by this subtitle available to the agency representative for inspection and copying.
D. An agency representative shall inspect each facility:
(1) On an announced basis before the office issues an initial letter of compliance or a continuing letter of compliance; and
(2) On an unannounced basis, at least once:
(a) Within each 12-month period after the date that an initial letter of compliance or a continuing letter of compliance was issued; or
(b) If the facility is currently operating on a renewed letter of compliance, during the 12-month period following the calendar year in which the renewed letter was issued.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.03 - Warnings

Current through Register Vol. 51, No. 14, July 12, 2024
If an investigation of a complaint or an inspection of a facility indicates a violation of this subtitle that does not present an immediate threat to the health, safety, and welfare of a child in care, the office may issue a warning in writing, on an inspection report or by separate letter, that states:
A. The violation found, citing the regulation;
B. The time period for correcting the violation; and
C. That failure to correct the violation may result in sanctions being imposed or in suspension or revocation of the letter of compliance.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.04 - Intermediate Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon a determination that an operator has violated the regulations of this subtitle, placing the health, safety, or welfare of children in care at risk, the office may:
(1) Restrict the ages or number of new children enrolled;
(2) Reduce the number of children in care;
(3) Require the operator or facility staff to participate in training in a specified content area;
(4) Increase the frequency of monitoring of the facility during a specified period of time;
(5) Enter into an agreement with the operator detailing requirements for remedying violations and achieving compliance; and
(6) Notify, or require the operator to notify, a parent of a child who may be affected by the situation for which an intermediate sanction has been imposed.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.04-1 - Emergency Intermediate Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon determining that an operator has violated the regulations in this subtitle and that action is required to protect the health, safety, or welfare of children in care, the Office may:
(1) Restrict the ages of children in care;
(2) Reduce the number of children in care;
(3) Limit the spaces, rooms, or areas that may be used for child care;
(4) Prohibit an employee, staff member, substitute, or volunteer who has successfully passed all checks under COMAR 13A.17.02.01C from being alone with a child or group of children pending an open child protective services or criminal investigation;
(5) Require the operator or facility staff to participate in training in a specified content area;
(6) Increase the frequency of monitoring of the facility during a specified period of time;
(7) Enter into an agreement with the operator detailing requirements for remedying violations and achieving compliance; and
(8) Notify, or require the operator to notify, a parent of a child who may be affected by the situation for which an emergency intermediate sanction has been imposed.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.05 - Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may suspend a letter of compliance for a period of not more than 60 calendar days:
(1) Upon determining that the:
(a) Regulations in this subtitle have been violated; and
(b) Health, safety, or welfare of children in the facility is threatened; or
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.06 - Emergency Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may suspend a letter of compliance on an emergency basis when it is determined that this action is required to protect the health, safety, or welfare of a child in the facility.
B. The office shall hand deliver written notice of the emergency suspension to the operator stating:
(1) The regulatory basis for the suspension;
(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 facility is no longer threatened;
(6) That the suspension may lead to revocation; and
(7) That the operator is required to surrender the letter of compliance to the office when the suspension becomes effective.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.07 - Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may revoke a letter of compliance if:
(1) The operator or facility is in violation of this subtitle and the health, safety, or welfare of children in the facility is threatened;
(2) The operator misrepresented or offered false information on the application or on any form or report required by the office;
(3) The 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, substitute, or volunteer as set forth, respectively, in COMAR 13A.17.06.03A and B and COMAR 13A.17.06.07B; 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 letter of compliance is a continuing letter of compliance that was replaced by a conditional letter of compliance, and the:
(a) Conditional letter of compliance has lapsed; and
(b) Operator has failed to meet the requirements for reinstatement of the continuing letter of compliance; or
(8) The evaluation of information provided to or acquired by the office indicates that the operator is unable to care for the welfare of children.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE › Chapter 13A.17.15 - Inspections, Complaints, and Enforcement › Section 13A.17.15.08 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criminal Penalty. A person that maintains and operates a nursery school or a child care program without a license or a letter of compliance, 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.