reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.06 - Provider Requirements › Section 13A.15.06.02 - Training Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Preservice Training. An individual who applies for an initial registration shall:
(1) Hold a current certificate indicating successful completion of training in approved:
(a) Basic first-aid through the American Red Cross, or a program with equivalent standards; and
(b) Cardiopulmonary resuscitation (CPR) through the American Heart Association, or a program with equivalent standards, appropriate for each age group approved for care in the home;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.06 - Provider Requirements › Section 13A.15.06.03 - Provider Substitute

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall designate at least one substitute who is available on short notice to care for the children at the provider's registered family child care home.
B. Approval by Office.
(1) An individual designated as a substitute may not be used in that capacity unless the office has approved the individual.
(2) If information received by the office indicates that an individual designated as a substitute may present a risk to the health, safety, or welfare of children in care, the office may disapprove the use of that substitute.
(3) The office shall notify the provider of its decision to approve or disapprove a substitute within 30 days of the request being submitted.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.06 - Provider Requirements › Section 13A.15.06.04 - Additional Adult

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as set forth in §B of this regulation, before an individual may be used as an additional adult, the provider shall ensure that the individual:
(1) Is 18 years old or older;
(2) Attends an information session presented by the office concerning the requirements of this subtitle for the care of children younger than 2 years old;
(3) Files with the office:
(a) A completed additional adult application form;
(b) Signed and notarized release forms giving the office permission to examine records of abuse and neglect of children and adults for information about the applicant;
(c) Completed information, on a form supplied by the office, for each of the applicant's substitutes; and
(d) A medical report on the applicant based on a medical evaluation conducted within the previous 12 months by a practicing physician, certified nurse practitioner, or registered physician's assistant, and signed by the individual who conducted the evaluation;
(4) Applies for a federal and State criminal background check at a designated office in the State;
(5) If residing or having resided in a state other than Maryland within 5 years before being hired as an additional adult:
(a) Applies for a state criminal background check to be performed by a duly authorized entity within that state; and
(b) Requests the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency;
(6) Holds a current certificate indicating successful completion of approved basic first aid and CPR training applicable to children younger than 2 years old; and
(7) Presents evidence of having completed approved SIDS training within the previous 5 years.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.06 - Provider Requirements › Section 13A.15.06.05 - Volunteers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before permitting an individual to begin volunteer duties at the family child care home, the provider shall:
(1) Ensure that the individual presents no risk to the health, safety, or welfare of children;
(2) Conduct a child health and safety orientation for the individual that meets the requirements set forth in Regulation .03E of this chapter;
(3) Ensure that the individual has applied for a federal and State criminal background check at a designated office in the State; and
(4) Ensure that the individual, if residing or having resided in a state other than Maryland within 5 years before being hired as an additional adult:
(a) Applies for a state criminal background check to be performed by a duly authorized entity within that state; and
(b) Requests the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.07 - Child Protection › Section 13A.15.07.01 - Prohibition of Abuse, Neglect, and Injurious Treatment

Current through Register Vol. 51, No. 14, July 12, 2024
A child in care may not be subjected to abuse, neglect, mental injury, or injurious treatment as defined in COMAR 13A.15.01.02B.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.07 - Child Protection › Section 13A.15.07.02 - Abuse/Neglect Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
An individual who is responsible for providing care to a child:
A. Shall monitor the child for signs and symptoms of child abuse or neglect; and
B. If the individual has reason to believe that a child in care has been:
(1) Abused, shall report that belief directly to the protective services unit of the local department of social services or to a law enforcement agency, as required under Maryland law; or
(2) Neglected, shall report that belief directly to the protective services unit of the local department of social services as required under Maryland law.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.07 - Child Protection › Section 13A.15.07.03 - Applicability to Residents

Current through Register Vol. 51, No. 14, July 12, 2024
The requirement set forth in Regulation .01 of this chapter also applies to a resident of the family child care home.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.07 - Child Protection › Section 13A.15.07.04 - 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 15 - FAMILY CHILD CARE › Chapter 13A.15.07 - Child Protection › Section 13A.15.07.05 - Parental Access

Current through Register Vol. 51, No. 14, July 12, 2024
The provider or substitute shall permit the parent of a child in care to have access to the child at all times and to observe the areas of the home used for child care during the provider's hours of operation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.07 - Child Protection › Section 13A.15.07.06 - Authorized Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as indicated in §B of this regulation, the provider or substitute shall release a child only to the child's parent or to another individual if directed by the parent and if the identity of the other individual is verified by the provider or substitute.
B. In case of the death, disappearance, incapacity, or sudden unavailability of the parent or individual designated to pick up the child, or when requested by Child Protective Services, the provider or substitute may release the child to a Child Protective Services worker.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.07 - Child Protection › Section 13A.15.07.07 - Child Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall ensure the safety and security of each child at all times.
B. Whenever an area of the home is being used for a child care activity and children are present, the provider may not allow that area to be used at the same time for any other purpose without prior approval of the office.
C. In addition to meeting all other child supervision requirements of this subtitle, the provider shall ensure that an individual who meets the requirements of this subtitle for supervising children in care:
(1) Accompanies a child whenever the child is in the presence of an individual at the home who is not:
(a) Another individual who meets the requirements of this subtitle for supervising children in care;
(b) The child's parent, guardian, or other individual to whom the child may be released under Regulation .06 of this chapter;
(c) An individual who is authorized by the child's parent or guardian, and whose identity is verified by the provider, to provide a health care, educational, or other service to the child;
(d) Another child enrolled in care; or
(e) A child who resides at the home; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.08 - Child Supervision › Section 13A.15.08.01 - General Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not have responsibility for supervising a child in care unless the individual meets the requirements of this subtitle pertaining to a provider, substitute, or additional adult, as applicable.
B. Except as provided in Regulation .02C and D of this chapter, when a child is in attendance, the individual responsible for supervising the child shall at all times:
(1) Be alert and responsive;
(2) Know where the child is;
(3) Be able to see or hear the child;
(4) Be near enough to the child to render immediate assistance; and
(5) Provide supervision that is appropriate to the individual age, needs, capabilities, activities, and location of the child, which may include, but not be limited to:
(a) Making reasonable accommodations for a child with a disability, and
(b) If applicable, allowing an adult who provides specialized services to a child in care to provide those services at the home in accordance with the child's individualized education plan, individualized family services plan, or written behavioral plan.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.08 - Child Supervision › Section 13A.15.08.02 - Off-Site Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. During an off-site activity, the provider or substitute shall exercise reasonable care to protect children from potentially hazardous areas and situations.
B. If the outdoor activity space is not on the premises, the provider or substitute shall accompany and supervise a child of any age in transit to and from the space and while at the space.
C. Before a child may participate in a supervised activity out of the home without the provider or substitute, responsibility for the child's whereabouts and supervision shall be clearly assigned throughout the period of the activity.
D. A child in care may not travel to or from school or a school transportation site without adult supervision unless the child is in the first or a higher grade.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.08 - Child Supervision › Section 13A.15.08.03 - Water Activity Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child engaged in swimming or wading shall be under immediate supervision by the provider or substitute at all times.
B. Whenever children are engaged in a swimming activity, at least two adults permitted to have child care responsibilities under this subtitle shall be present during the activity.
C. When water is over a child's chest and the child cannot swim, the provider or substitute shall be in the water with the child to provide one-to-one supervision.
D. When water is more than 4 feet deep, an individual 16 years old or older who 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 shall be present and on duty at all times while a child is in the water. A provider, substitute, or approved additional adult with the requisite certification may fulfill this requirement.
E. A child engaged in swimming or wading shall be under immediate supervision by the provider or substitute at all times.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.08 - Child Supervision › Section 13A.15.08.04 - Overnight Care Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. If overnight care is provided, the provider or substitute shall, throughout the period of care:
(1) Remain on the premises;
(2) Remain on the same level of the home as the children in care; and
(3) Respond to the feeding schedule, sleep habits, sleep disturbances, and age-appropriate bedtime routine of each child in care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.09 - Program Requirements › Section 13A.15.09.01 - Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall prepare, post, and follow a written schedule of daily activities and offer activities that:
(1) Promote the sound emotional, social, intellectual, and physical growth of each child;
(2) Are appropriate to the age, needs, and capabilities of the individual child based on the current recommendations of the American Academy of Pediatrics, such as short periods of tummy time, under adult supervision, while awake for a child under 12 months old;
(3) Include opportunities for individual and group participation;
(4) Include a balance between self-selected and provider-directed activities;
(5) Include a balance between active and quiet periods;
(6) Include periods of rest appropriate to the age, needs, and activities of the child; and
(7) Include outdoor play in the morning and afternoon, except that outdoor play need not be included:
(a) When the weather is inclement; or
(b) If the provider is only caring for school age children before school hours.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.09 - Program Requirements › Section 13A.15.09.02 - Materials and Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Activity materials shall:l:
(1) Be developmentally appropriate, in good repair, clean, nontoxic, and free from hazards including lead paint; and
(2) Support learning in:
(a) Language and literacy;
(b) Mathematical thinking;
(c) Scientific thinking;
(d) Social studies;
(e) Creative arts and dramatic play; and
(f)Gross motor and small motor skills.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.09 - Program Requirements › Section 13A.15.09.03 - Rest Periods

Current through Register Vol. 51, No. 14, July 12, 2024
Each child shall be provided periods of rest appropriate to the age, needs, and activities of the child.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.10 - Child Safety › Section 13A.15.10.01 - Emergency Safety

Current through Register Vol. 51, No. 14, July 12, 2024
The provider or substitute shall:
A. Prepare and maintain a written emergency and disaster plan that:
(1) Establishes procedures for:
(a) Evacuating the home, including an evacuation route;
(b) Relocating children to a designated safe site;
(c) Sheltering in place in the event that evacuation is not feasible;
(d) Notifying parents of children in care; and
(e) Addressing the individual needs of children, including children with special needs;
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.10 - Child Safety › Section 13A.15.10.02 - Potentially Hazardous Items

Current through Register Vol. 51, No. 14, July 12, 2024
The provider shall properly store, and keep inaccessible to the children in care, all potentially harmful items, including, but not limited to, knives, sharp tools, firearms, matches, alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts, petroleum, flammable products, cleaning agents, and poisonous products.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.10 - Child Safety › Section 13A.15.10.03 - Outdoor Safety

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider or substitute may not allow a child to play on climbing equipment from which the child could fall 7 feet or more to the ground.
B. During an outdoor activity, the provider or substitute may not allow a child to:
(1) Use unsafe activity equipment;
(2) Use activity equipment in an unsafe manner; or
(3) Wear a clothing item or accessory that may pose a hazard to the child while engaged in the activity.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.10 - Child Safety › Section 13A.15.10.04 - Water Safety

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider or substitute may permit children in care to use only swimming facilities that:
(1) Are subject to State or local standards of health, sanitation, and safety; and
(2) Meet those standards.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.10 - Child Safety › Section 13A.15.10.05 - Transportation Safety

Current through Register Vol. 51, No. 14, July 12, 2024
If children are transported in a vehicle while in care, the provider or substitute shall ensure that, as specified by Maryland law:
A. Each child in care is separately secured in a child car seat or seat belt; and
B. Each child car seat or seat belt is appropriate for the age and weight of the child using it.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.10 - Child Safety › Section 13A.15.10.06 - Rest Time Safety

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless specified otherwise in writing by the child's physician, or other licensed health care provider, a child who:
(1) Cannot roll over without assistance shall be placed for sleep on the child's back; or
(2) Is younger than 12 months old but can roll over unassisted shall be placed for sleep on the child's back, but may be allowed to adopt whatever position the child prefers for sleep.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.11 - Health › Section 13A.15.11.01 - Child Comfort and Welfare

Current through Register Vol. 51, No. 14, July 12, 2024
The provider or substitute shall:
A. Dress a child appropriately, both indoors and outdoors, for the temperature of the environment and the activity of the child;
B. During an indoor or outdoor activity:
(1) Monitor each child for signs of discomfort due to over-activity, temperature or weather conditions, or other environmental factors; and
(2) If a child is experiencing discomfort, take appropriate steps to alleviate the discomfort; and
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.11 - Health › Section 13A.15.11.02 - Exclusion for Acute Illness

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider or substitute shall:
(1) Monitor children for signs and symptoms of acute illness; and
(2) Notify immediately a child's parent or other person designated on the child's emergency card upon observing a sign or symptom of acute illness.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.11 - Health › Section 13A.15.11.03 - Infectious and Communicable Diseases

Current through Register Vol. 51, No. 14, July 12, 2024
A provider or substitute may not knowingly care for a child who has a serious transmissible infection or communicable disease during the period of exclusion for that infection or disease shown in the Communicable Disease Summary, as published by the Maryland Department of Health.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.11 - Health › Section 13A.15.11.04 - 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 by the provider or substitute 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 15 - FAMILY CHILD CARE › Chapter 13A.15.11 - Health › Section 13A.15.11.05 - Alcohol, Tobacco, Cannabis, and Other Drugs

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a resident of the family child care home 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 provider's care.
B. A resident may not consume alcohol during the family child care home's approved hours of operation.
C. A provider and any other individual may not consume alcohol during the family child care home's approved hours of operation.
D. During the family child care home'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 anywhere inside the home or any 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 family child care home during the home's hours of operation; or
(2) Providing or assisting with the care of children on or away from the premises of the family child care home or during transport.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.12 - Nutrition › Section 13A.15.12.01 - Nutrition and Food Served

Current through Register Vol. 51, No. 14, July 12, 2024
A. Food and beverages that are furnished by a provider 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.
B. Unless provided by the child's parent, the provider shall furnish:
(1) All beverages, including beverages for meals and snacks; and
(2) Milk with all meals.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.12 - Nutrition › Section 13A.15.12.02 - Food Storage and Cleanliness

Current through Register Vol. 51, No. 14, July 12, 2024
The provider or substitute shall:
A. Transport, store, prepare, display, and serve food in a safe, sanitary, and healthful manner;
B. Refrigerate perishable foods such as meat, milk, and dairy products at or below 40°F; and
C. As soon as a child has finished eating, discard any remaining food that has come into contact with:
(1) The child's mouth; or
(2) A utensil used by the child for eating.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.01 - Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office shall inspect each family child care home:
(1) On an announced basis before issuing a certificate of initial registration or continuing registration; and
(2) On an unannounced basis, at least once within each 12-month period after the date that a certificate of initial registration or continuing registration was issued to the provider.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.02 - 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 or advertising unregistered family child care.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.03 - Warnings

Current through Register Vol. 51, No. 14, July 12, 2024
If an investigation of a complaint or an inspection of a family child care home 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 [shall] 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 registration.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.04 - Intermediate Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon determining that a provider has violated or a home fails to meet any of the regulations of this subtitle, the office may:
(1) Restrict the age or number of children accepted for care;
(2) Reduce the number of children in care;
(3) Require the provider to receive remedial instruction in a specified content area;
(4) Increase the frequency of monitoring of the home during a specified period of time;
(5) Enter into an agreement with the provider detailing requirements in addition to those above, including time limits for compliance; and
(6) Notify, or require the provider to notify, a parent of a child who may be affected by the situation for which a sanction has been imposed.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.04-1 - Emergency Intermediate Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon determining that a provider 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.15.02.02 or .03 from being alone with a child or group of children pending an open child protective services or criminal investigation;
(5) Require the provider or staff to participate in training in a specified content area;
(6) Increase the frequency of monitoring of the home during a specified period of time;
(7) Enter into an agreement with the provider detailing requirements for remedying violations and achieving compliance; and
(8) Notify, or require the provider 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 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.05 - Nonemergency Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may suspend the certificate of registration, for a period of not more than 60 calendar days, upon determining that:
(1) The provider or home is in violation of any of the regulations under this subtitle and that the health, safety, or welfare of a child in the home is threatened; or
(2) If the registration is a continuing registration that was placed on conditional status, the:
(a) Conditional status has lapsed; and
(b) Provider has failed to meet the requirements for lifting the conditional status.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.06 - Emergency Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may immediately suspend the certificate of registration for a period of not more than 45 calendar days upon finding that a child's health, safety, or welfare imperatively requires emergency action.
B. The office shall hand deliver a written notice to the provider informing the provider of the emergency suspension, giving the reasons for the action, and notifying the provider of the right to request, within 30 days of the delivery of the notice, a hearing before the Office of Administrative Hearings.
C. If unable to hand deliver a written notice to the provider, the Office may send the notice by regular and certified mail to the provider's address.
D. When the certificate of registration is to be suspended immediately:
(1) The office shall repossess the certificate of registration;
(2) The provider shall stop providing child care immediately; and
(3) The office shall notify the parents of the children in care of the suspension and make every reasonable effort to assist the parents of the children in making other child care arrangements.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.07 - Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may revoke a certificate of registration if the:
(1) Provider or home is in violation of one or more of the regulations under this subtitle and the health, safety, or welfare of a child in the home is threatened;
(2) Provider misrepresented or offered false information on the application or on any form or report required by the office;
(3) Provider interferes with or obstructs the agency representative in the performance of the duties of the office;
(4) Provider fails to submit all documentation required to maintain the certificate of registration;
(5) Provider or substitute refuses to permit access to a child or to the space in the home used for child care by a parent or an agency representative during operating hours of the child care home;
(6) Terms or conditions of a sanction have been violated;
(7) Registration is a continuing registration that was placed on conditional status, and the:
(a) Conditional status has lapsed; and
(b) Provider has failed to meet the requirements for lifting the conditional status;
(8) Provider, an additional adult, a substitute, a volunteer, or a resident is identified as responsible for abuse or neglect of children or adults;
(9) Provider, an additional adult, a substitute, a volunteer, or a resident has a criminal conviction, a probation before judgment disposition, or a not criminally responsible disposition, or is awaiting a hearing on a charge for a crime that:
(a) Is listed at COMAR 13A.15.02.07B or C; or
(b) Indicates other behavior harmful to children;
(10) Provider fails to comply with the child security requirements set forth in COMAR 13A.15.07.07;
(11) Provider permits an individual to have child supervision responsibilities after being notified by the office that the individual has been disapproved for that purpose;
(12) Evaluation of information provided to or acquired by the office indicates that the provider is unable to care for the welfare of children;
(13) Provider who also provides treatment foster care in the home admits a child for treatment foster care in the home, unless the child is placed in the home in a preadoptive capacity; or
(14) Family child care home is no longer the primary residence of the provider.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.08 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual found to be operating a family child care home without a valid family child care registration is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(1) $1,500 for the first violation; and
(2) $2,500 for a second or subsequent violation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.13 - Inspections, Complaints, and Enforcement › Section 13A.15.13.09 - Civil Citations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The office may issue a civil citation imposing a civil penalty to an individual who provides or advertises unregistered family child care in violation of the requirements of this subtitle.
B. Assessment of Penalty.
(1) Subject to §B(3) of this regulation, an individual to whom a civil citation is issued is subject to a civil penalty in the amount of:
(a) $250 for the first violation;
(b) $500 for the second violation; and
(c) $1,000 for the third and each subsequent violation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.14 - Administrative Hearings › Section 13A.15.14.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact family child care registrations, such as registration denials, revocations, and suspensions, reductions in capacity, limitations on the ages or numbers of children who may be admitted to a family child care home, limitations on the spaces, rooms, or areas that may be used for child care, restrictions on which individuals can be alone with children in care pending open child protective services or criminal investigations, and the imposition of civil penalties for providing or advertising unregistered family child care services without a valid family child care certificate of registration.
B. The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final decisions of the Superintendent on those actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a family child care registration case is the final decision of the highest administrative authority in the case and thus is directly appealable to the circuit court in the jurisdiction where the family child care home is located, pursuant to State Government Article, §
									10-222, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.14 - Administrative Hearings › Section 13A.15.14.02 - 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) "Administrative law judge" means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.
(2) "Appellant" means the individual requesting the hearing or appealing a decision, or that individual's legal representative.
(3) "Applicant" means an individual applying for a registration to operate a family child care home.
(4) "Capacity" means the number of day care children who may be in care at a family child care home at the same time.
(5) "Days" means calendar days.
(6) "Department" means the State Department of Education.
(7) Emergency Action.
(a) "Emergency action" means an action which is effective immediately because of danger to children's health or safety.
(b) "Emergency action" may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, an immediate limitation on the spaces, rooms, or areas that may be used for child care, or an immediate restriction on which individuals can be alone with children in care.
(8) "Filed" means received in writing by the Office of Child Care.
(9) "Filing date" is the date a hearing request is received by the Office of Child Care.
(10) "Office" means the central office or a regional office of the Office of Child Care.
(11) "Office of Administrative Hearings" means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §
										9-1601 et seq., Annotated Code of Maryland.
(12) "Party" means the appellant and the Office of Child Care.
(13) "Provider" means a person registered to provide family child care.
(14) "Registration" means a certificate issued by the Department which gives a person legal permission to operate a family child care home.
(15) "Superintendent" means the State Superintendent of Schools.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.14 - Administrative Hearings › Section 13A.15.14.03 - Hearing Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing shall be held when:
(1) An applicant or provider requests a hearing to contest:
(a) The denial of an application for registration;
(b) A revocation or suspension of a registration; or
(c) Any other action that adversely impacts registration, including, but not limited to:
(i) The setting of a provider's capacity at a number below that requested;
(ii) A reduction in capacity; or
(iii) A limitation on the ages or numbers of children who may be admitted to the family child care home; or
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.14 - Administrative Hearings › Section 13A.15.14.04 - Preliminary Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. A preliminary conference may be held before a hearing on an action if an appellant requests the conference.
B. The conference is optional and does not replace the hearing process.
C. The conference may be attended by a representative of the Office, the appellant, and the appellant's representative.
D. The conference may lead to an informal resolution of the dispute. However, a hearing shall be held unless one of the parties submits a written withdrawal of the hearing request to the Office of Administrative Hearings.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.14 - Administrative Hearings › Section 13A.15.14.05 - Denial or Dismissal of a Hearing Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office of Administrative Hearings may deny a request for a hearing if:
(1) The issue appealed is not one which adversely affects the registration of a family child care home; or
(2) The date of the request is not within the required time limits.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.14 - Administrative Hearings › Section 13A.15.14.06 - Hearing and Appeal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice to Appellant.
(1) For non-emergency hearings, the Office of Administrative Hearings shall, by regular mail, notify the Office and the appellant of the time, date, and place of the hearing at least 20 days in advance. For rescheduled non-emergency hearings, a 10-day notice is required. For all emergency action hearings, at least 3 days advance notice is required.
(2) The notice to the appellant shall:
(a) Refer to the regulations governing the hearing procedure; and
(b) Advise the appellant of:
(i) The right to be represented by a lawyer;
(ii) The right to present documents and witnesses in support of the appeal;
(iii) Whom to call if the appellant cannot attend the hearing; and
(iv) The fact that failure to attend the hearing without good cause may lead to dismissal.
(3) The Office shall mail the appellant a copy of these administrative hearing regulations when the request for a hearing is filed.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.14 - Administrative Hearings › Section 13A.15.14.07 - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing shall be conducted by an administrative law judge.
B. At the hearing, the appellant and a representative of the Office may present witnesses, documentary evidence, and oral argument and may cross-examine any witness. A document introduced into evidence by a party may be examined by the opposing party.
C. The transcript or tape of the proceedings, together with all documents filed in the hearing proceedings and the final decision of the administrative law judge, constitute the exclusive record of the hearing.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.14 - Administrative Hearings › Section 13A.15.14.08 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The administrative law judge shall:
(1) Base the decision on the complete record; and
(2) Determine whether the Office correctly applied State regulations in effect at the time it reached its decision.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.15 - Public Access to Licensing Records › Section 13A.15.15.01 - 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) "Confirmed complaint" means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle that was alleged in the complaint has occurred or is occurring.
(2) "Custodian of record" means an authorized individual employed by the Department or office who has physical custody and control of licensing records.
(3) "Licensing records" means all papers, computerized records, correspondence, forms, books, cards, photographs, photostats, films, microfilms, sound recordings, charts, maps, drawings, or other written documents, regardless of physical form or characteristics, maintained or stored by the Department or the office in connection with the registering of a person or a family child care home to provide child care.
(4) "Official custodian of record" means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of the Department's licensing records.
(5) "Requester" means an individual, business, corporation, partnership, association, organization, or governmental agency that requests inspection of, or information from, licensing records.
(6) "Sociological information" means any of the following information about a licensee or employee of a licensee:
(a) Social Security number;
(b) Personal address;
(c) Personal phone number;
(d) Information regarding marital status, dependents, or relatives; and
(e) Information regarding employment status, including employment application.
(7) "Unsubstantiated complaint" means a complaint of an alleged violation of a regulation of this subtitle that the Department or office, after an investigation, has been unable to confirm as having occurred or to rule out as not having occurred.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.15 - Public Access to Licensing Records › Section 13A.15.15.02 - Disclosure of Information from Licensing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:
(1) Findings of inspections conducted by the office in registered family child care homes;
(2) Records of complaint forms pertaining to confirmed or unsubstantiated complaints;
(3) Copies of certificates of registration, including those on provisional or conditional status;
(4) Variances;
(5) Correspondence and documents requiring abatement of noncompliances with the regulations of this subtitle, including compliance agreements;
(6) Correspondence and documents pertaining to enforcement actions taken by the Department or office against a family child care provider or a family child care home, including denial letters, sanctions, emergency suspensions, and revocations; and
(7) Correspondence regarding requests for inspection of licensing records under this regulation.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.15 - Public Access to Licensing Records › Section 13A.15.15.03 - Request for Information from Licensing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A written request shall be filed with the custodian of record in order to:
(1) Conduct a physical inspection of licensing records; or
(2) Obtain a written or electronic:
(a) Copy of licensing records; or
(b) Report of information from licensing records that the official custodian of records does not already make available to the general public.
Code of Maryland Regulations › Title 13A - STATE BOARD OF EDUCATION › Subtitle 15 - FAMILY CHILD CARE › Chapter 13A.15.15 - Public Access to Licensing Records › Section 13A.15.15.04 - Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A compelling public purpose shall exist for the custodian of record to permit inspection of licensing records other than the records specified under General Provisions Article, §
									4-333(b), Annotated Code of Maryland.