reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.01 - Scope and Definitions › Section 13A.16.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability of Subtitle. Except as specified at §B of this regulation, this subtitle governs nonparental care of children for part of a 24-hour day not in the child's own home, in a group setting such as a child care center, preschool, child development center, nursery school, before-school and after-school program, school age child care, or early learning center, by whatever name known, under private nonprofit, proprietary, public, and religious auspices.
B. Exemptions. This subtitle does not apply to:
(1) A family child care home registered under COMAR 13A.15;
(2) A facility that offers or provides a residential placement for a child under Family Law Article, Title 5, Subtitle 5, or Health-General Article, Title 6 or 10, Annotated Code of Maryland;
(3) A youth camp, as defined by Health-General Article, § 14-401(o), Annotated Code of Maryland;
(4) A child care service operated by the federal government or on federal property;
(5) A public school during the hours in which an instructional program is offered;
(6) A nonpublic kindergarten for children at least 5 years old during the hours in which an instructional program is offered;
(7) A nonpublic elementary school during the hours in which an instructional program is offered;
(8) Child care services provided in connection with a shelter housing individuals temporarily without residences, exclusively for the children of those individuals;
(9) The physical plant, including sanitary facilities, of a child care center exclusively for school age children, located in a currently operating public or nonpublic school building, if the application of the regulation would require modification of the physical plant;
(10) Programs that operate for 6 weeks or less in any calendar year; or
(11) The instructional program, curriculum, and teacher, principal, and administrator qualifications of a:
(a) Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or
(b) Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.01 - Scope and Definitions › Section 13A.16.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) Abuse.
(a) "Abuse" means the physical or mental injury of a child, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed, by:
(i) A parent;
(ii) An individual who has permanent or temporary care or custody or responsibility for supervision of a child; or
(iii) A household or family member.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.02 - License Application and Maintenance › Section 13A.16.02.01 - License - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirement to be Licensed. A person, organization, agency, corporation, or other entity which operates a child care center, as defined in this chapter, is required to be licensed or to hold a letter of compliance in accordance with this subtitle or with COMAR 13A.17, as applicable.
B. Nursery School or Child Care Center Operated by a Tax-Exempt Religious Organization.
(1) Except as provided by §B(2) or (3), as applicable, of this regulation, a tax-exempt religious organization that wishes to operate a nursery school or a child care center shall apply to become licensed, and shall meet all applicable requirements, under this subtitle.
(2) If the tax-exempt religious organization plans to operate a nursery school or a child care center in a school building that exclusively serves children who are enrolled in that school, the organization may apply for a:
(a) Child care center license under this subtitle; or
(b) Letter of compliance under COMAR 13A.17.
(3) In a nursery school or child care center located in a school building exclusively for children enrolled in that school and operated by a tax-exempt religious organization, the following regulations of this subtitle do not apply:
(a) COMAR 13A.16.03.05C(1) and (2) concerning staff records;
(b) COMAR 13A.16.06.05-.12 concerning professional qualifications and training requirements for child care staff and the director, principal, or administrator of the program; and
(c) COMAR 13A.16.09.01, .03B(1) and (2), and .03C concerning the program.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.02 - License Application and Maintenance › Section 13A.16.02.02 - Initial License

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual or organization not currently licensed and wanting to operate a child care center shall:
(1) Complete an orientation to child care center licensing regulations that is offered or approved by the office;
(2) File a notice of intent with the office before applying for permits in connection with construction or operation of a center;
(3) Submit to the office at least 60 days before the proposed opening date a completed and signed application form, supplied by the office, that contains a statement of truthfulness and commitment to comply with this subtitle;
(4) Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant; and
(5) Ensure that an application for a federal and Maryland State criminal background check is submitted for:
(a) The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility;
(b) The director;
(c) Each employee, including substitutes and volunteers; and
(d) Each individual 18 years old or older living on the child care center premises.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.02 - License Application and Maintenance › Section 13A.16.02.03 - Continuing License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Obtaining a Continuing License. An operator shall submit to the office, before expiration of the initial license:
(1) A request for a continuing license, on a form supplied by the office;
(2) Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified at Regulation .02B(1) of this chapter; and
(3) Any other documentation required by law or regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.02 - License Application and Maintenance › Section 13A.16.02.04 - Provisional and Conditional Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Provisional Status.
(1) Except as provided in §A(2) of this regulation. to allow an applicant for an initial or a continuing license additional time to meet all applicable requirements, the Office may approve an initial or a continuing license 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 license may not be approved if the Office has not yet received evidence that the applicant and each individual, as applicable, specified at Regulation .02A(4) and B(1) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.
(3) At the end of the provisional period, if all requirements for the initial or continuing license 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 license; or
(b) Circumstances beyond the control of the applicant, the Office may continue the provisional status for one or more additional periods of up to 120 days per period, except that provisional status may not be continued for more than 24 months after the start of the first provisional period.
(4) If the Office denies a license at the end of the provisional period, the applicant or operator does not have a valid license and shall cease operating.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.02 - License Application and Maintenance › Section 13A.16.02.05 - Response of the Office to Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receiving a completed application, whether for an initial license or a continuing license, and all documentation required by law or regulation, the office shall determine compliance with the requirements of this chapter by:
(1) Evaluating the application and required documentation; and
(2) Inspecting the:
(a) Facility proposed for use as a child care center, if the application is for an initial license; or
(b) Child care center, if the application is for a continuing license.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.02 - License Application and Maintenance › Section 13A.16.02.06 - Denial of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. An office may deny an application for an initial license or a continuing license if:
(1) The applicant or the building in which child care is provided fails to meet the requirements of this chapter;
(2) An evaluation of the application form, medical documents, or any documents required by the office reveals that the applicant reported false information;
(3) The applicant has a history of regulatory violations which demonstrates an inability to provide for the health or safety of children;
(4) The applicant has previously had a family day care registration, child care center license, or letter of compliance denied or revoked by the office, unless the office is satisfied that the condition that was the basis for the denial or revocation has been corrected;
(5) The applicant prevents the office from completing its responsibilities for licensing;
(6) An evaluation of criminal records or records of abuse or neglect of children and adults indicates, for those identified in Regulation .02A(4) and .02B(1) of this chapter, behavior harmful to children; or
(7) The office concludes that the applicant cannot provide for the health, safety, or welfare of the children in care on the basis of:
(a) Substantial, credible evidence of the applicant's abuse of alcohol or controlled dangerous substances, mental instability, or other condition; or
(b) Other pertinent information received by the office which creates reasonable doubt as to the applicant's ability to provide child care in accordance with this subtitle.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.01 - Multi-Site Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A child care center may have more than one location and may be treated as one center for purposes of this subtitle only if:
A. The buildings:
(1) Function as one integrated center, are in close proximity such as across the street or on the same campus, and are connected by an intercom system; and
(2) Are under the supervision of one director; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.02 - Admission to Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator may not admit a child for care unless the operator has:
(1) Met the applicable requirements of this Regulation; and
(2) Received the written records required by Regulation .04C- H of this chapter, unless the child is temporarily admitted or retained in care on a temporary basis pursuant to §F of this Regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.03 - Program Records

Current through Register Vol. 51, No. 14, July 12, 2024
The operator shall:
A. Create and maintain, for at least 2 years after their creation, records of program:
(1) Enrollment, with each child's name, address, telephone number, date of birth, and dates and time periods for which enrolled; and
(2) Attendance, by groups of children, which indicate:
(a) The dates of attendance of each child in the center; 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 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.04 - Child Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. For each child admitted to, or continuing in care, the operator shall maintain written records, on forms provided or approved by the office, that meet the requirements of this regulation.
B. Each child's written records shall be:
(1) Readily accessible to all staff members providing care to the child; and
(2) Kept on file at the center 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 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.05 - Staff Records

Current through Register Vol. 51, No. 14, July 12, 2024
The operator shall:
A. Maintain and, upon request by the office, submit a current and complete list of personnel, on a form supplied or approved by the office, that includes each individual, whether paid or unpaid, who works at the center 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 name, all child care assignments;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.06 - Notifications

Current through Register Vol. 51, No. 14, July 12, 2024
The operator shall:
A. Within 5 working days of its occurrence, provide written notification to the office about the:
(1) Addition of a new employee or staff member that includes:
(a) The individual's full name, date of birth, and date of hire;
(b) Information about the individual's work assignment;
(c) Proof of compliance with the laws and regulations pertaining to criminal background checks; and
(d) Signed and notarized permission to examine records of abuse and neglect of children and adults for information about the individual; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.07 - Change of Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when converting the child care center to a summer youth camp, if an operator wishes to make any changes from the current license, such as use of rooms not previously approved for child care, capacity, hours of operation, age groups served, or the introduction of food service, the operator shall request and 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 license indicating the change.
C. If an operator wishes to convert to a summer youth camp, the operator shall:
(1) Notify the office before implementing the change to a summer youth camp;
(2) Upon request by the office, provide proof to the office of the center's certification as a summer youth camp under Health-General Article, Title 14, Subtitle 4, Annotated Code of Maryland;
(3) Remove the child care center license from display on the premises used for operating a summer youth camp during the period of summer youth camp operation; and
(4) Notify parents of children in care and those applying for care that:
(a) A child care center is not being operated during summer months; and
(b) State regulations for camps differ from those for child care centers.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.08 - Variances

Current through Register Vol. 51, No. 14, July 12, 2024
A. An office may grant a variance to a regulation under this subtitle:
(1) If the safeguards to a child's health, safety, or well-being are not diminished;
(2) When the operator presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and
(3) For a limited period of time as specified by the office, or for as long as the license remains in effect and the operator continues to comply with the terms of the variance.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.03 - Management and Administration › Section 13A.16.03.09 - Advertisement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator may not advertise child care services unless the center holds a current license issued by the office.
B. An advertisement of the center shall:
(1) Specify that the center is licensed; and
(2) Include the license number issued to the center by the office.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.04 - Operational Requirements › Section 13A.16.04.01 - Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
A. An office shall determine the capacity of the center according to criteria established in:
(1) This subtitle affecting floor space, outdoor activity space, staffing, equipment, ages of the children to be enrolled, and sanitary facilities; and
(2) Applicable codes, including zoning, building, and fire codes.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.04 - Operational Requirements › Section 13A.16.04.02 - Enrollment and Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. All children in care at any one time are counted as being in attendance for purposes of complying with the regulations governing capacity, group size, and staff/child ratios.
B. An operator may not enroll a child for more than 14 hours in a 24-hour period unless approved in advance by the office.
C. An operator may not admit an infant who is younger than 6 weeks old.
D. An operator may enroll a child only if the office has given written approval for the facility to care for children of that child's age.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.01 - Building Safety

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator shall provide a building for a center that is:
(1) Maintained in good repair;
(2) Free from health and safety hazards as identified by the office; and
(3) Clean and free from infestation of insects and rodents.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.02 - Accessibility

Current through Register Vol. 51, No. 14, July 12, 2024
The operator shall ensure that an access road on center property permits passage by emergency vehicles during times when children are in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.03 - Indoor Space

Current through Register Vol. 51, No. 14, July 12, 2024
A. A minimum of 35 square feet of floor space shall be provided for each child in care, except that:
(1) A minimum of 30 square feet of floor space shall be provided for each child in a:
(a) Child care center licensed before December 1, 1971; or
(b) Nursery school holding a certificate of approval to operate or a letter of exemption from approval that was issued by the State Board of Education before December 1, 1971, and is still in effect; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.04 - Building Repair and Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
Building maintenance, repair, or renovation activity may not occur while a child in care is on the premises if the activity may present a significant risk to child safety or health.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.05 - Lead-Safe Environment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A center operator may not use paint with lead content on any:
(1) Exterior or interior surface of the facility; or
(2) Material or equipment used for child care purposes.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.06 - 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 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.07 - Water Supply

Current through Register Vol. 51, No. 14, July 12, 2024
A. The center shall have hot and cold running water, with hot water temperature not exceeding 120° F.
B. For each 40 children in care, or fraction thereof, there shall be at least one drinking water source that is:
(1) Safely accessible to children 2 years old or older without assistance from an adult; and
(2) Not located in a toilet room or in a sink used for handwashing.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.08 - Sanitary Facilities and Supplies

Current through Register Vol. 51, No. 14, July 12, 2024
A. For each group of infants or toddlers in a room, there shall be an approved diapering area with a sink that:
(1) Is used only for diapering and toileting purposes; and
(2) Permits continuous observation of, and immediate response to, each child in the group.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.09 - Lighting

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be sufficient natural and artificial lighting in all approved areas of the center to allow proper child supervision and help ensure the safety of each child, employee, and visitor to the center.
B. An operator shall use light fixtures with bulbs, lamps, and tubes that are shatter-proof or protected by shields to prevent shattering.
C. In a room approved for child care that does not have windows, an operator shall provide an approved source of lighting that will operate in case of a power failure.
D. An operator shall provide adequate outdoor lighting to ensure the safety of persons entering and leaving the center when it is dark outside.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.10 - Telephone and Communication

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be at least one operable telephone in the center that is freely and readily available to all center staff during the approved hours of operation.
B. In a center 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. In each room where care is provided to infants or toddlers, there shall be an operable telephone.
D. The operator shall provide additional telephones or extensions in the center 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 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.11 - General Cleanliness and Disposal of Refuse

Current through Register Vol. 51, No. 14, July 12, 2024
A. The entire center, including floors, walls, ceilings, fixtures, furnishings, materials, and equipment, shall be kept clean and free of infestation.
B. In a center for fewer than 12 children located in a residence, the requirements of §A of this regulation apply only to space approved for child care.
C. Cleaning may not be conducted while children are present except in emergencies or as clean up activities that are part of the daily activity program.
D. 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;
(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 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.12 - Outdoor Activity Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. A center shall have an outdoor activity area on the premises of, adjacent to, or near and safely accessible to the center that provides adequate usable play space for the approved capacity of the center.
B. A center for which a notice of intent, filed pursuant to COMAR 13A(2), is received by the office on or after January 1, 2009, shall have an outdoor activity area that provides at least 75 square feet of usable play space for:
(1) One half of the approved capacity of the center; or
(2) Each child, if the center has an approved capacity of 20 or fewer children.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.05 - Physical Plant and Equipment › Section 13A.16.05.13 - Swimming Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only swimming facilities meeting applicable local standards of health, sanitation, and safety may be used.
B. An above-ground swimming pool:
(1) May not be used for swimming activities; and
(2) Shall be made inaccessible to children in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.01 - Minimum Staff Age

Current through Register Vol. 51, No. 14, July 12, 2024
A staff member in a child care center may not be younger than 16 years old.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.02 - Staff Orientation

Current through Register Vol. 51, No. 14, July 12, 2024
On or before assignment, an operator shall document that each employee and staff member has been informed in writing about all areas pertinent to the health and safety of the children, including:
A. The location of the telephone and emergency telephone numbers;
B. The location of each child's emergency form;
C. Emergency evacuation procedures;
D. Identity of the staff members who have first aid and CPR training;
E. Identity of the staff members and other adults who are required to be available to provide emergency coverage pursuant to COMAR 13A.16.08.02D(3);
F. Handwashing procedures;
G. The center's child discipline policy;
H. The requirements and procedures for reporting suspected child abuse and neglect, according to Family Law Article, §§
									5-704 -5-705, Annotated Code of Maryland;
I. Signs and symptoms of abuse and neglect in children;
J. The content of the most current Regulations in this subtitle; and
K. The community resources available to the family of a child who may have special needs.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.03 - Suitability for Employment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child care center operator may not employ an individual who has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:
(1) A crime involving:
(a) A child;
(b) Cruelty to animals;
(c) Domestic violence of an intimate partner or spouse; or
(d) A weapons or firearms violation of federal or state laws;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.04 - Staff Health

Current through Register Vol. 51, No. 14, July 12, 2024
A. Medical Evaluation.
(1) An operator shall obtain a medical evaluation, conducted by a practicing physician, certified nurse practitioner, or registered physician's assistant, on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the center, from each prospective:
(a) Staff member; and
(b) Except for a health care professional serving as a consultant pursuant to Regulation .14C of this chapter, support staff who will be present at the center while children are in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.05 - Directors of All Child Care Centers - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except when engaged in occasional center-related activities or away on leave, a director shall be present in a center during at least 1/2 of the operating hours of the center each week to:
(1) Plan and supervise all aspects of the program for children;
(2) Supervise the staff; and
(3) Be available to staff, parents, and children.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.06 - Directors of Preschool Centers - Specific Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a preschool center with infants or toddlers in care, a director, in addition to meeting the requirements of §§B- F of this regulation, as applicable, shall have:
(1) 3 semester hours of approved training, or the equivalent, related to the care of infants and toddlers; and
(2) Approved training in supporting breastfeeding practices.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.07 - Directors of School Age Centers - Specific Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a school age center with a capacity of 60 or fewer children, the director shall have completed at least:
(1) 400 hours of experience working under supervision primarily with school age children in a licensed child care center, public or private school, or a similar setting; or
(2) 1 year of experience caring for school age children as a registered family child care provider.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.08 - Specific Requirements for Directors in Combined Preschool and School Age Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A preschool center director may have responsibility for the entire center if the center enrolls both preschoolers and school age children.
B. A school age center director may have responsibility for the entire center if the center:
(1) Does not enroll any infants or toddlers; and
(2) Enrolls five or fewer children younger than kindergarten age.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.09 - Child Care Teachers in Preschool Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify or continue to qualify as a child care teacher in a preschool center, an individual shall:
(1) Be 19 years old or older;
(2) Have a high school diploma, a certificate of high school equivalence, or courses for credit from an accredited college or university;
(3) Have successfully completed 6 semester hours or 90 clock hours or their equivalent of approved preservice training, or hold the Child Development Associate Credential issued by the Child Development Associate National Credentialing Program;
(4) Have completed 3 clock hours of approved training in complying with the Americans with Disabilities Act;
(5) Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment;
(6) Have 9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit; and
(7) Have at least:
(a) 1 year of experience working under supervision primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting, or as a registered family child care provider caring for preschoolers; or
(b) 1 year of college, or a combination of experience and college that together are equivalent to 1 year and meet one of the criteria set forth at §A(6) of this regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.09-1 - Probationary Child Care Teachers in Preschool Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who has not met the requirements specified in Regulation .09 of this chapter is eligible for employment as a child care teacher for children 3 years old and older in a preschool center for a probationary period of up to 6 months if the individual:
(1) Is applying for employment as a 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 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.10 - Child Care Teachers in School Age Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify as a child care teacher in a school age center, an individual shall:
(1) Be 19 years old or older;
(2) Hold a high school diploma or a certificate of high school equivalence or have successfully completed courses for credit from an accredited college or university;
(3) Have completed 3 clock hours of approved training in Americans with Disabilities Act compliance;
(4) Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and
(5) Meet one of the criteria set forth in §B of this regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.10-1 - Probationary Child Care Teachers in School Age Centers

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who has not met the requirements specified in Regulation .10 of this chapter is eligible for employment as a child care teacher in a school age center for a probationary period of up to 6 months if the individual:
(1) Is applying for employment as a 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 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.11 - Assistant Child Care Teacher

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify as an assistant child care teacher in a school age center, an individual shall:
(1) Be 18 years old or older;
(2) Hold a high school diploma or a certificate of high school equivalence, or have successfully completed courses for credit from an accredited college or university;
(3) Have completed 9 clock hours of approved preservice training in communicating with staff, parents, and the public, or have completed at least one academic college course for credit;
(4) Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and
(5) Have at least one of the following:
(a) 800 hours of recent paid or documented volunteer experience supervising groups of school-age children in educational, recreational, social, or guidance contexts;
(b) 600 hours of approved experience and 15 clock hours of approved college coursework; or
(c) 400 hours of approved experience and 3 semester hours or 45 clock hours, or their equivalent, of approved college coursework.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.12 - 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 staff person in charge of the group of children to whom the aide is assigned; and
(3) Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.13 - Substitutes

Current through Register Vol. 51, No. 14, July 12, 2024
A. A substitute shall be 18 years old or older, except that a substitute aide may be 16 years old or older.
B. When a staff member is absent, the operator shall provide a substitute as needed to maintain the staff/child ratios required by COMAR 13A.16.08.03B.
C. If a substitute is needed for longer than a continuous 2-week period, the operator shall provide a substitute who meets the qualifications required in this chapter for the absent staff member, or demonstrate that reasonable efforts have been made, with no success, to obtain a qualified substitute.
D. If a staff member is absent for more than a continuous 2-week period due to family or medical leave, the operator may receive permission from the office to employ a substitute for that absent staff member who does not meet the education, training, and experience qualifications for the absent staff member's position.
E. In a center where staff/child ratio and group size requirements set forth in COMAR 13A.16.08.03 require the presence of only one staff member, the substitute shall be qualified as a director or a teacher.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.14 - Support Personnel

Current through Register Vol. 51, No. 14, July 12, 2024
A. The operator or the director shall provide additional personnel for all duties not involving direct supervision of children, such as personnel for food preparation and service, housekeeping, transportation, clerical, and other duties, if necessary to maintain the correct staff/child ratios at all times.
B. In a small center, the operator need not provide additional staff if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed.
C. The operator of a center that provides a regular service involving the use of specialized health care procedures or equipment shall use as a consultant to the center in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other licensed or certified service professional as appropriate.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.06 - Staff Requirements › Section 13A.16.06.15 - Volunteers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child care center 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 center.
B. The operator may not use as a volunteer an individual who has been prohibited, or automatically would be prohibited, from employment at the center pursuant to Regulation .03A or B of this chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.07 - Child Protection › Section 13A.16.07.01 - Prohibition of Abuse, Neglect, and Injurious Treatment

Current through Register Vol. 51, No. 14, July 12, 2024
An operator, employee, substitute, volunteer, individual residing on the premises of the center, or other individual connected with the center may not subject a child to abuse, neglect, mental injury, or injurious treatment.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.07 - Child Protection › Section 13A.16.07.02 - Abuse/Neglect Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. An operator, employee, substitute, or volunteer who has reason to believe that a child has been:
(1) Abused, in the center or outside of the center, shall report that belief directly to the protective services unit of the local department or to a law enforcement agency, as required under Maryland law;
(2) Neglected, in the center or outside of the center, shall report that belief directly to the protective services unit of the local department as required under Maryland law.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.07 - Child Protection › Section 13A.16.07.03 - 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 chapter.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.07 - Child Protection › Section 13A.16.07.04 - 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 center used for child care during operating hours; and
B. Have access to the parent's child at any time during the center's hours of operation, without appointment.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 16 - CHILD CARE CENTERS › Chapter 13A.16.07 - Child Protection › Section 13A.16.07.05 - Authorized Release

Current through Register Vol. 51, No. 14, July 12, 2024
An operator shall ensure that a staff member release 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 16 - CHILD CARE CENTERS › Chapter 13A.16.07 - Child Protection › Section 13A.16.07.06 - Child Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. The operator shall ensure the safety and security of each child at all times.
B. Whenever an area of the center is being used for a child care activity and children are present, the operator may not permit the area to be used at the same time for any other purpose without prior approval of the office.
C. 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.
D. An 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.16.06.14C;
(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, academic, 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 center; or
(f) If the center 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 16 - CHILD CARE CENTERS › Chapter 13A.16.08 - Child Supervision › Section 13A.16.08.01 - 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:
(a) Making reasonable accommodations for a child with a disability, and
(b) Allowing an adult who provides specialized services to a child in care to provide those services on the facility premises as specified in the child's individualized education plan, individualized family service plan, or written behavioral plan; and