# Education (GED)

## Title 9.5. Division of Early Childhood Development

### Subtitle 1. Established

#### Section 9.5-101

(a) In this title the following words have the meanings indicated.

(b) "Advertisement" means a communication that is intended to influence a person to enter into an obligation or sign a contract for services.

(c) "Child care center" has the meaning stated in Sec. 9.5-401 of this title.

(d) "Family child care home" has the meaning stated in Sec. 9.5-301 of this title.

(e) "Large family child care home" has the meaning stated in Sec. 9.5-301 of this title.

(f) "License" means a license issued by the Department to operate a child care center.

(g) "Registration" means a registration issued by the Department to a family child care home or a large family child care home.

#### Section 9.5-102

(a) The General Assembly declares that:

  (1) Minor children are not capable of protecting themselves; and

  (2) When a parent has relinquished the care of the parent's minor child to others, there is a possibility of certain risks to the child that require compensating measures.

(b) It is the policy of the State:

  (1) To protect minor children whose care has been relinquished to others by the child's parent;

  (2) To resolve doubts in favor of the child when there is a conflict between the interests of a minor child and the interests of an adult; and

  (3) To encourage the development of child care services for minor children in a safe, healthy, and home-like environment.

#### Section 9.5-103

There is a Division of Early Childhood Development in the Department.

#### Section 9.5-104

A license or registration is effective until the license or registration is suspended or revoked under Sec. 9.5-106 of this subtitle.

#### Section 9.5-105

Within 60 days after receiving the license or registration application, the Department shall issue or deny a license or registration and give notice of the action to the applicant.

#### Section 9.5-106

Subject to the hearing provisions of Sec. 9.5-107 of this subtitle:

(1) If a licensee violates any provision of this title or of a rule or regulation adopted under this title, the Department may suspend the license for a period not exceeding 1 year; and

(2) If a licensee or registrant violates any provision of this title or of a rule or regulation adopted under this title, the Department may revoke the license or registration.

#### Section 9.5-107

The Department may not suspend or revoke a license or registration unless the Department gives to the licensee or registrant:

(1) Notice of the suspension or revocation at least 20 days before the suspension or revocation;

(2) A statement of the grounds for the suspension or revocation; and

(3) An opportunity to be heard.

#### Section 9.5-108

A person aggrieved by a decision of the Department concerning a license or registration may appeal the decision to the administrative appellate authority designated by regulation.

#### Section 9.5-109

(a) A person aggrieved by a final decision of the highest administrative appellate authority in a contested case may take any further appeal as allowed by the Administrative Procedure Act.

(b) If a further appeal is taken under this section:

  (1) Any criminal prosecution of the person for carrying on without a license or registration an activity for which the person must be licensed or registered shall be stayed pending the appeal;

  (2) Any injunction against the person for carrying on without a license or registration an activity for which the person must be licensed or registered shall be stayed pending the appeal; and

  (3) The court has discretion as to the care, custody, or control of any child whose care, custody, or control is the responsibility of the person.

#### Section 9.5-110

(a) In connection with the issuance, suspension, or revocation of a license or registration, the Department may investigate the policies, purposes, premises, and facilities of a licensee or registrant or an applicant for a license or registration.

(b)

  (1) The Department may petition an equity court to enjoin the activities and operation of a person who seeks to carry on, without a license or registration, the activities for which the person must be licensed or registered.

  (2) The petition shall be filed in the circuit court for the county in which the person is located or has a place of business.

#### Section 9.5-111

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Analysis" means the market rate survey or an alternative method allowable under federal law.

  (3) "Program" means the Child Care Scholarship Program.

(b)

  (1) Beginning in 2017, and every 2 years thereafter, the Department shall conduct an analysis in order to formulate appropriate reimbursement rates for the Program.

  (2) The Department, before conducting the analysis, shall consult with:

    (i) The Office of Child Care Advisory Council;

    (ii) Child care resource and referral agencies;

    (iii) Child care worker organizations; and

    (iv) Any other appropriate entities.

(c) On or before September 1, 2017, and by September 1 every 2 years thereafter, the Department shall report to the Joint Committee on Children, Youth, and Families, the Senate Budget and Taxation Committee, and the House Appropriations Committee, in accordance with Sec. 2-1257 of the State Government Article, on:

  (1) The methodology of the analysis required under subsection (b) of this section;

  (2) Cost estimates for raising the Program's reimbursement rates to the 45th, 55th, 65th, and 75th percentile of child care providers in each of the State's market regions;

  (3) The minimum base payment rate that is required for child care providers to meet health, safety, quality, and staffing requirements in accordance with federal law and the factors used to determine that rate;

  (4) The rate adjustment that the Department will implement based on the analysis;

  (5) Any adjustments to Program eligibility or family copay amount that will be implemented; and

  (6) Any potential impacts on families and providers due to any adjustments made to the Program.

(d)

  (1) The Governor shall include in the annual State budget an appropriation from all fund sources for the Program that is not less than the total appropriation for the Program in fiscal year 2018 or fiscal year 2019, whichever is greater.

  (2) Except as provided in paragraph (3) of this subsection, the Department may not make the following alterations to the Program in effect as of January 1, 2023:

    (i) Reduce the reimbursement rates;

    (ii) Reduce the income eligibility requirements; or

    (iii) Subject to subsections (e) and (f)  of this section, implement a freeze in Program enrollment.

  (3)

    (i) The Department may alter the Program in effect as of January 1, 2023, by reducing the reimbursement rates, reducing the income eligibility requirements, or implementing a freeze in Program enrollment, if:

      (1) The Department submits a notification to the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, the House Appropriations Committee, and the House Ways and Means Committee, in accordance with Sec. 2-1257 of the State Government Article, on the intended Program alterations, including the reason for, and expected duration of, the proposed actions; and

      (2) The Program alterations identified in the notification are not implemented until the completion of the regular legislative session immediately following the submission of the notification.

    (ii) If the Board of Public Works approves budget reductions for the Program under Sec. 7-213 of the State Finance and Procurement Article for a certain fiscal year, the Department may reduce the reimbursement rates, reduce the income eligibility requirements, or implement a freeze in Program enrollment at any time during the fiscal year.

  (4) Except as provided in Sec. 9.5-113(d) of this subtitle, the Department may not increase the copayment levels of the Program in effect as of January 1, 2024.

(e)

  (1)

    (i) A freeze in Program enrollment may not apply to:

      (1) An individual or a family who is enrolled in the temporary cash assistance program under Sec. 5-312 of the Human Services Article;

      (2) An individual or a family who is enrolled in the federal Temporary Assistance for Needy Families program;

      (3) A child, parent, or caregiver who is enrolled in the federal Supplemental Security Income program;

      (4) The sibling of a child who is enrolled in the Program; and

      (5) A child who is homeless.

    (ii) An individual described under subparagraph (i) of this paragraph shall otherwise meet the criteria for enrollment in the Program.

  (2)

    (i) If the Department establishes a freeze in Program enrollment, the Department shall establish a waitlist for eligible individuals who apply to the Program after the freeze is in effect.

    (ii) The waitlist shall remain in effect as long as there are fewer available awards under the Program than eligible applicants for the Program.

    (iii) The waitlist shall provide awards for enrollment in the Program to qualified applicants in the following order of priority:

      (1) Applicants with the greatest financial need, based on annual household income;

      (2) Applicants who work for at least 20 hours a week as an employee or operator of a child care center, a family child care home, a large family child care home, or an eligible publicly funded prekindergarten program under Title 7, Subtitle 1A of this article that accepts children enrolled in the Program;

      (3) Applicants enrolling a child under the age of 3 years; and

      (4) Applicants who have been on the waitlist for the longest period of time.

(f)

  (1) If the Department establishes a freeze in Program enrollment, the Department shall identify applicants to the Program whose children qualify for:

    (i) The publicly funded prekindergarten program under Title 7, Subtitle 1A of this article; or

    (ii) A Head Start or Early Head Start program.

  (2) The Department shall inform an applicant identified under paragraph (1) of this subsection about the publicly funded prekindergarten program, Head Start program, or Early Head Start program, including by providing information on:

    (i) Available prekindergarten, Head Start, or Early Head Start programs in the county in which the applicant resides;

    (ii) How to contact providers who may have available program slots; and

    (iii) How to apply for the programs.

  (3) On request, the Department shall provide eligible families identified under paragraph (1) of this subsection with information on the enrollment processes.

  (4) The process for identifying and assisting eligible Program applicants whose children qualify for a program shall continue as long as the waitlist is in effect.

(g) The Governor shall, from all fund sources, appropriate funds in the annual State budget in an amount sufficient to raise the Program's reimbursement rates for each region to:

  (1) For fiscal year 2020, not less than the 30th percentile of the most recent market rate survey or its equivalent if an alternative methodology defined by the Department is used; and

  (2) For fiscal year 2021 and each fiscal year thereafter, not less than the 60th percentile of the most recent market rate survey or its equivalent if an alternative methodology defined by the Department is used.

#### Section 9.5-112

Beginning October 1, 2016, the Department shall submit to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with Sec. 2-1257 of the State Government Article, the monthly reports received by the Department regarding Child Care Subsidy Program expenditures and participation.

#### Section 9.5-113

(a) In this section, "Program" means the Child Care Scholarship Program.

(b) The Department shall administer the Program in accordance with federal law.

(c) The Department shall:

  (1) Provide to Program applicants information on income-based government assistance programs and tax credits for which the applicants may be eligible; and

  (2) Incorporate the framework of the Youth Transitioning From Foster Placement to Successful Adulthood Program as established under Sec. 9.5-113.2 of this subtitle.

(d)

  (1) The Department shall award a scholarship under the Program in an amount sufficient to ensure that an individual will not be required to pay a copay for child care if the individual provides proof, as determined by the Department, of:

    (i)

      (1) Participation in one of the following programs:

      (A) Federal Special Supplemental Food Program for Women, Infants, and Children;

      (B) Federal Supplemental Nutrition Assistance Program;

      (C) Federal Housing Act Housing Choice Voucher Program;

      (D) Supplemental Security Income benefits; or

      (E) Temporary cash assistance; and

      (2) Employment or enrollment in an education or career training program; or

    (ii) Participation in the Youth Transitioning From Foster Placement to Successful Adulthood Program established under Sec. 9.5-113.2 of this subtitle.

  (2) The Department shall award a scholarship under the Program in an amount sufficient to ensure that an individual who has an annual household income at or below the federal poverty line is not required to pay a copay for child care.

  (3) The Department may award partial scholarships under the Program through a sliding fee scale for copayments that:

    (i) Applies to an individual who:

      (1) Has an annual household income above the federal poverty line; and

      (2) Is not described under paragraph (1)(i) of this subsection;

    (ii) Is based on an individual's annual household income above the federal poverty line;

    (iii) Requires an individual to provide an increased percentage of the individual's annual household income as a copay as the individual's income increases;

    (iv) Increases copay percentages gradually between household income categories, culminating in a maximum copay not exceeding 7% of an individual's annual household income for an individual with the highest income category under the Program;

    (v) Includes a sufficient number of household income categories to minimize significant increases in copay amounts for an individual who moves from one household income category to another; and

    (vi) Requires a copay for each child in a family receiving a partial scholarship, but requires a lower copay amount for each subsequent child.

  (4)

    (i) Subject to subparagraph (i) of this paragraph, the Department may set a minimum copay amount for a partial scholarship award under the Program.

    (ii) A minimum copay amount may not be more than $10 each month.

(e) An individual is eligible to continue to receive a scholarship under the Program:

  (1) For at least 90 days in a year if the individual is unemployed and seeking employment; and

  (2) If the individual meets any other eligibility criteria determined by the Department.

(f) The Department may not require an individual to pursue or receive child support payments or apply for services from a child support agency to be eligible for a scholarship under the Program.

(g)

  (1) The Department shall notify the Comptroller within 10 days after the date on which the Department receives an invoice from a child care provider.

  (2) The Comptroller shall pay a child care provider within 5 days after the date on which the Comptroller receives a notice under paragraph (1) of this subsection.

(h) The Department shall adopt regulations to implement the provisions of this section.

#### Section 9.5-113.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Fund" means the Child Care Capital Support Revolving Loan Fund.

  (3) "Rural community" has the meaning stated in Sec. 2-207 of the State Finance and Procurement Article.

(b) There is a Child Care Capital Support Revolving Loan Fund.

(c) The purpose of the Fund is to provide no-interest loans for capital expenses to child care providers who participate in the Child Care Scholarship Program under Sec. 9.5-113 of this subtitle.

(d) The Department of Commerce shall administer the Fund with support from the Department.

(e)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article that shall be available in perpetuity for the purpose of providing loans in accordance with the provisions of this section.

  (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

  (1) Money appropriated in the State budget to the Fund;

  (2) Any interest earnings of the Fund;

  (3) Repayments of principal and interest from loans made from the Fund; and

  (4) Any other money from any other source accepted for the benefit of the Fund.

(g)

  (1) The Fund may be used only to provide no-interest loans to child care providers for capital expenses related to a child care facility, including:

    (i) Acquisition;

    (ii) Expansion;

    (iii) Renovations; and

    (iv) New construction.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, child care providers shall repay loans from the Fund not later than 5 years after receiving a loan from the Fund.

    (ii) The Department of Commerce may establish a financial hardship exemption to allow a child care provider additional time to repay a loan from the Fund.

    (iii) If a hardship exemption is not granted, the Department of Commerce shall apply its normal policy regarding assisting child care providers with past due loan payments.

(h)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any interest earnings of the Fund shall be credited to the Fund.

(i)

  (1) The Department of Commerce, in consultation with the Department, shall establish application procedures and eligibility criteria for loans from the Fund, in addition to the requirement that a child care provider be a participant in the Child Care Scholarship Program under Sec. 9.5-113 of this subtitle.

  (2) The Department shall prioritize applicant criteria in the following order when providing funding from the Fund:

    (i) Child care providers that are located in:

      (1) Underserved communities; or

      (2) Areas designated by the Department as areas lacking child care slots;

    (ii) Child care providers that are located in rural communities;

    (iii) Child care providers that serve primarily low-income populations in areas of high poverty;

    (iv) Child care providers that serve children with special needs; and

    (v) Child care providers that serve children ages 2 and younger.

(j) The Department of Commerce shall work with the Department to publicize the availability of loans from the Fund and provide support to child care providers in applying for loans from the Fund.

(k)

  (1) For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation to the Fund of $15,000,000.

  (2) For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation to the Fund of $10,000,000.

#### Section 9.5-113.2

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Foster youth" means an individual who:

    (i) Is at least 16 years old and under the age of 22 years; and

    (ii)

      (1) Is in out-of-home care under the responsibility of the State; or

      (2) Was in out-of-home care under the responsibility of the State on the individual's 18th birthday.

  (3) "Program" means the Youth Transitioning From Foster Placement to Successful Adulthood Program.

(b)

  (1) There is a Youth Transitioning From Foster Placement to Successful Adulthood Program in the Department.

  (2) The purpose of the Program is to remove certain application barriers for parenting foster youth and increase eligibility access to the Child Care Scholarship Program for the foster youth's child.

(c)

  (1) The Department shall administer the Program.

  (2) The Program shall begin on or before January 1, 2026.

(d) The Department shall remove barriers in the Child Care Scholarship Program application process for foster youth in the Program by removing the following requirements:

  (1) Proof of a foster youth's employment or enrollment in an education or career training program;

  (2) The name of the other parent of the foster youth's child;

  (3) A written authorization from a parent if the parent is not residing in the same household as the child; and

  (4) Application information, including income, that relates to a foster youth's foster parents rather than to the foster youth.

(e) The Department of Human Services shall make referrals to the Department regarding the Program.

#### Section 9.5-114

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Child care licensing region" means any one of 13 regions designated by the Department to provide licensing and oversight for family child care programs.

  (3) "Family child care" means the care given to a child under the age of 13 years or to a developmentally disabled person under the age of 21 years that is in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the family child care provider is paid.

  (4) "Family child care provider" means an individual who cares for children in a registered family child care home or a registered large family child care home.

  (5) "Local program" means a local jurisdiction or child care licensing region that participates in the Program.

  (6) "Program" means the Growing Family Child Care Opportunities Program.

  (7) "Start-up assistance" means the funding for starting a family child care program including the cost of materials, curriculum, and renovations.

(b)

  (1) There is a Growing Family Child Care Opportunities Program in the Department.

  (2) The purpose of the Program is to provide grants to establish and support local programs in the State.

  (3) The Department shall partner with the Maryland Child Care Resource Network to administer the Program.

(c)

  (1) Except as provided in subsection (g) of this section, on or before September 1, 2022, the Department shall award at least three grants, each of which does not exceed $150,000, in accordance with paragraph (2) of this subsection to establish and support family child care providers in the State.

  (2)

    (i) To be eligible for a grant under this section, a county governing body or multiple county governing bodies shall sign a memorandum of understanding with a child care resource center that serves the child care licensing region that contains one of the counties.

    (ii) The county or counties and the child care resource center jointly shall apply for the grant and administer the local program.

(d) Grant recipients shall:

  (1) Use the grants to:

    (i) Establish and support a local program; and

    (ii) Target the use of the grant to increase the supply and ensure the sustainability of family child care providers in areas with above average rates of poverty and unemployment or areas with a lack of available child care providers;

  (2) Raise local matching funds, including in-kind matching resources at a 1:1 match;

  (3) Collaborate with existing family child care providers during the implementation of the Program;

  (4) Provide multilingual outreach to recruit individuals to become registered family child care providers with the Department;

  (5) Provide technical assistance, financial incentives, and start-up assistance for recruited individuals as they navigate the Department's process to become a registered family child care provider;

  (6) Assist newly registered and established family child care providers through technical assistance to achieve quality benchmarks, peer-to-peer mentoring, and financial incentives; and

  (7) Establish partnerships with local chambers of commerce, or other local or state organizations for family child care providers that support small businesses and women and minority-owned businesses to provide:

    (i) Assistance to recruited individuals or registered family child care providers in implementing best business practices; and

    (ii) Assistance in achieving financial sustainability.

(e)

  (1) Subject to paragraph (2) of this subsection, for each of fiscal years 2023, 2024, 2026, and 2028 through 2030, the Governor shall include in the annual budget bill an appropriation of $450,000 to the Program.

  (2) To the extent authorized under federal law, the Governor shall use federal funds to satisfy the requirement of paragraph (1) of this subsection.

(f) The Department shall develop guidelines, in consultation with the Maryland Child Care Resource Center, for the grant application process and grant recipients.

(g)

  (1) The Department may seek funding to start the Program.

  (2) If the Department receives funding before July 1, 2022, the Department shall begin awarding grants as soon as possible under the Program.

(h) Each year, the Department shall develop and publish goals for the Program.

(i) On or before December 1, 2021, and each December 1 thereafter, the Department shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on the status of the Program and an evaluation of local programs in meeting the Program goals.

#### Section 9.5-115

(a) In this section, "child care program" includes:

  (1) A child care center, as defined in Sec. 9.5-401 of this title;

  (2) A family child care home, as defined in Sec. 9.5-301 of this title; and

  (3) A large family child care home, as defined in Sec. 9.5-301 of this title.

(b)

  (1) Beginning July 1, 2023, at least once each calendar year, a child care program shall make the following information available to the parent or guardian of each child under the age of 3 years:

    (i) Information about the Maryland Infants and Toddlers Program; and

    (ii) Contact information for the local lead agency responsible for the administration of the Maryland Infants and Toddlers Program.

  (2) A child care program may provide the information required under paragraph (1) of this subsection by:

    (i) A personal message to a parent or guardian, including by an e-mail;

    (ii) A document for which a parent or guardian acknowledges receipt; or

    (iii) A text message.

(c) On request of a parent or guardian, a child care program shall assist the parent or guardian with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening.

(d) The Department shall provide each child care program with information about the Maryland Infants and Toddlers Program sufficient for the child care program to carry out the requirements of this section, including contact information for the local lead agency.

#### Section 9.5-116

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Community resources" includes:

    (i) Judy Centers;

    (ii) Patty Centers;

    (iii) Head Start Centers;

    (iv) Maryland Infant and Toddlers Program providers; and

    (v) Other community stakeholders that serve children facing developmental, social, emotional, or behavioral health issues.

  (3) "Initially eligible child" means a child under the age of 6 years who is enrolled in:

    (i) A family child care home or large family child care home, registered under Subtitle 3 of this title;

    (ii) A child care center that, in accordance with Subtitle 4 of this title, is licensed, has a certificate of approval from the Department, or has been issued a letter of compliance; or

    (iii) A publicly funded full-day prekindergarten program under Title 7, Subtitle 1A of this article.

  (4) "Potentially eligible child" means a child who is at least 6 years old and is enrolled in kindergarten, first grade, or second grade.

  (5) "Program" means the Infant and Early Childhood Mental Health Support Services Program.

(b)

  (1) There is an Infant and Early Childhood Mental Health Support Services Program.

  (2) The Program shall be administered by the Department.

(c) The purpose of the Program is to promote positive mental and behavioral health practices for young children who may have developmental, social, emotional, or behavioral issues.

(d)

  (1) The Department may accept for enrollment in the Program:

    (i) Referrals from child care providers; and

    (ii) Self-referrals from families of initially eligible children.

  (2) The Program shall aid children enrolled in accordance with paragraph (1) of this subsection by:

    (i) Referring children and families in need of intensive mental or behavioral health services to appropriate clinics or programs;

    (ii) Training, coaching, and mentoring teachers and caregivers to address challenging behaviors;

    (iii) Building partnerships with community resources;

    (iv) Working to ensure children have stable, quality child care programs; and

    (v) Awarding grants to carry out the Program.

(e) In implementing the Program, the Department may designate specific regions in the State and create unique approaches in each designated region.

(f) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $3,000,000 for the operation of the Program.

(g) The Department shall utilize additional available funding to support the Program.

(h)

  (1)

    (i) If the Program is able to serve all initially eligible children and has funds remaining for the Program, the Department shall consider potentially eligible children who may have developmental, social, emotional, or behavioral issues for enrollment in the Program.

    (ii) The Department may accept for enrollment in the Program:

      (1) Referrals from child care providers; and

      (2) Self-referrals from families of potentially eligible children.

  (2) The Program shall aid children enrolled in accordance with paragraph (1) of this subsection by:

    (i) Referring children and families in need of intensive mental or behavioral health services to appropriate clinics or programs;

    (ii) Training, coaching, and mentoring teachers and caregivers to address challenging behaviors;

    (iii) Building partnerships with community resources; and

    (iv) Awarding grants to carry out the Program.

#### Section 9.5-117

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Anaphylactic allergy" has the meaning stated in Sec. 7-426.1 of this article.

  (3) "Emergency use epinephrine" has the meaning stated in Sec. 7-426.2 of this article.

  (4) "Major food allergen" has the meaning stated in Sec. 7-426.1 of this article.

(b)

  (1) The Department and the Maryland Department of Health jointly shall develop guidelines to reduce the risk of exposure to anaphylactic major food allergens in child care settings.

  (2) The guidelines developed under paragraph (1) of this subsection shall identify at least one free training resource on reducing the risk of exposure to anaphylactic major food allergens that is appropriate for child care providers.

(c) Based on the guidelines developed in subsection (b) of this section, the Department shall develop a model policy for child care providers that, at minimum, includes:

  (1) Emergency protocols, including comprehensive guidelines for storage and administration of epinephrine;

  (2) Cross-contamination prevention strategies; and

  (3) Notification of a child's anaphylactic allergy to:

    (i) Staff who come into contact with the child; and

    (ii) Child care provider administrators.

(d) The Department shall post the guidelines, model policy, and training resources developed under this section on the Department's website.

(e)

  (1) This subsection applies to the following registrants or licensees that have at least one enrolled child with a food allergy:

    (i) A large family child care home registered under Subtitle 3 of this title; and

    (ii) A child care center licensed under Subtitle 4 of this title.

  (2) A registered large family child care home and licensed child care center shall:

    (i) Adopt and implement a policy on reducing the risk of exposure to anaphylactic major food allergens in child care settings in accordance with the guidelines developed under subsection (b) of this section;

    (ii) Monitor updates to the Department's guidelines and update the policy in accordance with the Department's revisions; and

    (iii) Provide a copy of the policy to the parent or guardian of each enrolled child each year.

(f) Except for any willfully or grossly negligent act, a child care provider or an employee of a child care provider who responds in good faith to the anaphylactic reaction of a child in accordance with the guidelines implemented under this section or by use of emergency use epinephrine is immune from civil liability for any act or omission in the course of responding to the reaction.

#### Section 9.5-118

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Applicant" means an individual who is applying for a position involving direct contact with children in a child care facility.

    (ii) "Applicant" includes a volunteer or other individuals who may be subject to federally required background checks.

  (3) "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

  (4) "Child care facility" means a registered family child care home, a registered large family child care home, a licensed child care center, or a child care center that holds a letter of compliance.

(b) An applicant who is seeking a position involving direct contact with children at a child care facility shall submit to a criminal history records check in accordance with Sec. 5-555 of the Family Law Article.

(c)

  (1)

    (i) On or before June 30, 2027, the Department shall establish a centralized unit for the processing and management of information about criminal history records checks for applicants providing child care services.

    (ii) The centralized unit may be staffed by licensing specialists in the regional child care licensing offices throughout the State.

  (2) The centralized unit shall notify an applicant for a criminal history records check:

    (i) Of the status of the application within 10 days after submission; and

    (ii) Subject to the receipt of the criminal history record information from the Central Repository under subsection (d) of this section, within the time frame required under federal law, of the applicant's eligibility to provide child care services in a child care facility.

(d)

  (1) The centralized unit shall review and maintain background checks completed in accordance with Sec. 5-555 of the Family Law Article.

  (2) Information obtained from the Central Repository under this section:

    (i) Is confidential;

    (ii) May not be disseminated without the express permission of the applicant; and

    (iii) May be used only for the purposes authorized by this title.

(e)

  (1)

    (i) The centralized unit may maintain a list of applicants who have submitted a criminal history records check in accordance with this section.

    (ii) The centralized unit may share the name and status of an applicant on the list with:

      (1) A child care facility at which the applicant seeks to be employed or volunteer; and

      (2) The applicant.

  (2) On request by an applicant or a child care facility, the centralized unit may provide written notice to the applicant or the child care facility that an applicant who seeks to be employed by or volunteer with the child care facility has a criminal history records check on file with the Department.

### Subtitle 2

#### Section 9.5-201

In this subtitle, "Council" means the State Early Childhood Advisory Council.

#### Section 9.5-202

(a) There is a State Early Childhood Advisory Council in the Department.

(b) The purposes of the Council are to:

  (1) Coordinate efforts among early childhood care and education programs;

  (2) Conduct needs assessments concerning early childhood education and development programs; and

  (3) Develop a statewide strategic report regarding early childhood education and care.

#### Section 9.5-203

(a) The Council consists of the following members:

  (1) One member of the Senate of Maryland, appointed by the President of the Senate;

  (2) One member of the House of Delegates, appointed by the Speaker of the House;

  (3) The State Superintendent of Schools, or the Superintendent's designee;

  (4) The Secretary of Health, or the Secretary's designee;

  (5) The Director of the Head Start State Collaboration, or the Director's designee;

  (6) The Special Secretary of the Governor's Office for Children, or the Special Secretary's designee;

  (7) The Assistant State Superintendent of the Division of Early Childhood Development, or the Assistant State Superintendent's designee;

  (8) The Director of the Office of Child Care within the Division of Early Childhood Development, or the Director's designee;

  (9) The Assistant State Superintendent of the Division of Special Education/Early Intervention Services, or the Assistant State Superintendent's designee;

  (10) The following members, appointed by the Governor:

    (i) One representative of a local education agency;

    (ii) One representative of an institution of higher education in the State;

    (iii) One representative of the Maryland State Child Care Association;

    (iv) One representative of the Maryland State Family Child Care Association;

    (v) One representative of the Maryland Association for the Education of Young Children;

    (vi) One representative of the Maryland School Age Child Care Alliance;

    (vii) One representative of a nonpublic prekindergarten provider;

    (viii) One representative of a Head Start agency in the State;

    (ix) One representative of a local management board;

    (x) One representative of the State Interagency Coordinating Council;

    (xi) One representative of the Ready at Five Partnership;

    (xii) One representative of the Maryland Parent Teacher Association;

    (xiii) One representative of the Maryland Library Association;

    (xiv) One representative of the business community with demonstrated leadership in early childhood care and education;

    (xv) One representative of the Maryland Family Network;

    (xvi) One representative of the Office of Child Care Advisory Council;

    (xvii) One representative of the Maryland State Education Association;

    (xviii) One representative of the Service Employees International Union;

    (xix) One representative of the Department of Disabilities;

    (xx) One representative of the Social Services Administration of the Department of Human Services;

    (xxi) One representative of a philanthropic institution;

    (xxii) One representative of the Maryland Association of Elementary School Principals;

    (xxiii) One representative of a local government agency that provides services to children;

    (xxiv) One representative of a local Community Action Agency;

    (xxv) One representative of the Maryland Chapter of the American Academy of Pediatrics;

    (xxvi) One representative who provides school health services to children;

    (xxvii) One representative of the Maryland Developmental Disabilities Council;

    (xxviii) One representative of the Maryland Council for American Private Education;

    (xxix) One representative from the Maryland Association of Boards of Education;

    (xxx) One representative from the Home Visiting Alliance; and

    (xxxi) One representative who advocates for homeless children; and

  (11) One ex-officio member, appointed by the Council.

(b)

  (1) A member appointed by the Governor shall serve at the pleasure of the Governor for staggered 4-year terms.

  (2) A member may serve up to two consecutive 4-year terms.

  (3) A member selected to fill a vacancy serves only for the balance of the term remaining at the time of appointment.

#### Section 9.5-204

(a) The Governor shall designate the chair of the Council.

(b) The Department shall provide staff for the Council.

(c) A member of the Council:

  (1) May not receive compensation as a member of the Council; but

  (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

#### Section 9.5-205

(a) The Council shall meet at least three times per calendar year.

(b) Meetings shall be:

  (1) Open to the general public;

  (2) Held in a place accessible to the general public; and

  (3) Announced in advance.

(c) Minutes shall be kept of all Council meetings.

#### Section 9.5-206

The Council may adopt procedures and bylaws as necessary to ensure the orderly transaction of business.

#### Section 9.5-207

(a) A member of the Council appointed by the Governor who fails to attend at least 50% of the regularly scheduled meetings of the Council during any consecutive 12-month period shall be considered to have resigned.

(b)

  (1) On or before January 15 of each calendar year, the chair of the Council shall forward to the Governor:

    (i) The name of any member considered to have resigned under subsection (a) of this section; and

    (ii) A statement describing the member's history of attendance during the preceding 12-month period.

  (2) Except as provided in paragraph (3) of this subsection, after receiving the chair's notice, the Governor shall appoint a successor for the remainder of the term of the resigning member.

  (3) If a member has been unable to attend meetings for reasons satisfactory to the Governor, the Governor may waive the resignation.

#### Section 9.5-208

(a) The Council shall:

  (1) Conduct a periodic statewide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including:

    (i) The availability of high-quality prekindergarten services for low-income children in the State;

    (ii) Health-related barriers to school readiness and early childhood educational success; and

    (iii) An assessment of the availability of high-quality early childhood education and development programs that serve children with and without disabilities together;

  (2) Identify opportunities for, and barriers to, collaboration and coordination among federally funded and State-funded child development, child care, and early childhood education programs;

  (3) Assess the capacity and effectiveness of 2-year and 4-year public and private institutions of higher education in the State toward supporting the development of early childhood educators, including the extent to which the institutions have articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in a Head Start or prekindergarten program;

  (4) Make recommendations:

    (i) For increasing the overall participation of children in existing federal, State, and local child care and early childhood education programs, including outreach to underrepresented and special populations;

    (ii) Regarding the establishment of a unified data collection system for public early childhood education and development programs and services throughout the State;

    (iii) Regarding statewide professional development and career advancement plans for early childhood educators in the State; and

    (iv) For improvements to State early learning standards and how to undertake efforts to develop high-quality comprehensive early learning standards, as appropriate;

  (5) Hold public hearings and provide an opportunity for public comment on the activities described in items (1) through (4) of this subsection; and

  (6) Perform any other duties that may be requested by the Governor.

(b)

  (1) On or before December 1, 2015, the Council shall submit to the Governor, the State Superintendent of Schools, and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly, a statewide strategic report on the activities described in subsection (a)(1) through (4) of this section.

  (2) After submission of the report required under paragraph (1) of this subsection, the Council shall continue to meet periodically to review implementation of the report's recommendations and any changes in State and local needs after submission of the report.

### Subtitle 3. Family Child Care Homes and Large Family Child Care Homes

#### Section 9.5-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Child care provider" means the adult who has primary responsibility for the operation of a family child care home or a large family child care home.

(c) "Direct Grant Fund" means the Family Child Care Provider Direct Grant Fund.

(d) "Family child care" means the care given to a child under the age of 13 years or to any developmentally disabled person under the age of 21 years, in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the child care provider is paid.

(e) "Family child care home" means a residence in which family child care is provided for up to eight children.

(f) "Family child care provider" means an individual who cares for children in a registered family child care home or a registered large family child care home.

(g) "Large family child care home" means a residence in which family child care is provided for at least nine children, but not more than 12 children.

(h) "Unregistered family child care home" means a residence in which family child care is provided and in which the child care provider:

  (1) Has not obtained a certificate of registration from the Department;

  (2) Is not related by blood or marriage to each child in the provider's care;

  (3) Is not a friend of each child's parents or legal guardian and is providing care on a regular basis; and

  (4) Has not received the care of the child from a child placement agency licensed by the Department of Human Services or by a local department of social services.

#### Section 9.5-302

(a) The Department shall implement a system of registration for family child care homes and large family child care homes.

(b) The purpose of registration of family child care homes and large family child care homes is to:

  (1) Protect the health, safety, and welfare of children while they are in family child care;

  (2) Identify family child care homes and large family child care homes;

  (3) Provide basic technical assistance and child care information to child care providers; and

  (4) Minimize the regulatory rigidity often associated with licensing.

(c) The system of registration is intended to promote a high degree of flexibility in the regulation of family child care homes and large family child care homes while assuring the health and safety of children who are cared for in family child care homes and large family child care homes.

#### Section 9.5-303

(a) The State Board shall adopt regulations that relate to the registration of family child care homes and large family child care homes.

(b) So far as practicable, the regulations shall be uniform with the rules and regulations adopted by other State agencies as those rules and regulations relate to other types of child care.

(c) At a minimum, the regulations shall provide for:

  (1) Minimum standards of environmental health and safety, including provisions for:

    (i) Adequate and safe physical surroundings, including requirements for window coverings in accordance with Sec. 5-505 of the Family Law Article;

    (ii) The physical and mental health of child care providers; and

    (iii) Investigation of any criminal record of a child care provider;

  (2) A thorough evaluation of each prospective family child care home, large family child care home, and child care provider, to be completed before the Department accepts an initial registration;

  (3) An initial family child care registration that expires 2 years after its effective date;

  (4) A continuing family child care registration that:

    (i) Upon application by the child care provider that meets the requirements set by the Department, is issued to the provider before the end of the initial registration period; and

    (ii) Once issued, remains in effect until surrendered, suspended, revoked, or replaced by a conditional registration;

  (5) Reporting of any changed circumstances that relate to the requirements, by the child care provider, at the time the change occurs;

  (6) An orientation to be provided to prospective child care providers by the Department before initial registration;

  (7) Announced inspection by the Department of each registered family child care home and large family child care home prior to issuance of an initial or continuing registration to determine whether applicable requirements are being met;

  (8) Unannounced inspection by the Department of each registered family child care home and large family child care home at least once during each 12-month period that an initial or continuing registration is in effect to determine whether safe and appropriate child care is being provided;

  (9) Procedures to be followed by the Department in response to a complaint about a family child care home or large family child care home;

  (10) A requirement that each registered child care provider shall hold a current certificate indicating successful completion of approved:

    (i) Basic first aid training through the American Red Cross or through a program with equivalent standards; and

    (ii) Cardiopulmonary resuscitation (CPR) training through the American Heart Association or through a program with equivalent standards appropriate for the ages of children for whom care is provided in the family child care home or large family child care home;

  (11) A requirement that the minimum age of a family child care teacher in a registered large family child care home be at least 18 years old and that an individual not be precluded from being a family child care teacher solely for being 18 years old;

  (12)

    (i) A requirement that a family child care home or large family child care home that receives notice of a contaminated drinking water supply from the family child care home's or large family child care home's supplier of water, in accordance with Sec. 9-410 of the Environment Article or otherwise, send notice of the drinking water contamination to the parent or legal guardian of each child attending the family child care home or large family child care home; and

    (ii) A requirement that the notice sent by the family child care home or large family child care home shall:

      (1) Be sent within 10 business days after receipt of the notice of contamination from the family child care home's or large family child care home's water supplier;

      (2) Be in writing;

      (3) Identify the contaminants and their levels in the family child care home's or large family child care home's water supply; and

      (4) Describe the family child care home's or large family child care home's plan for dealing with the water contamination problem until the family child care home's or large family child care home's water is determined by the appropriate authority to be safe for consumption; and

  (13) A requirement that a family child care home or large family child care home prohibit the administration of corporal punishment to discipline a child.

(d) The State Board shall adopt regulations that:

  (1) Require a family child care provider to have a written emergency preparedness plan for emergency situations that require evacuation, sheltering in place, or other protection of children such as in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the family child care home or large family child care home;

  (2) Require the plan under item (1) of this subsection to include:

    (i) A designated relocation site and evacuation route;

    (ii) Procedures for notifying parents or other adults responsible for the child of the relocation;

    (iii) Procedures to address the needs of individual children including children with special needs;

    (iv) Procedures for the reassignment of staff duties during an emergency, as appropriate; and

    (v) Procedures for communicating with local emergency management officials or other appropriate State or local authorities; and

  (3) Require a family child care provider to train staff and ensure that staff are familiar with the plan.

#### Section 9.5-303.1

(a) This subtitle does not apply to a family child care home or large family child care home that:

  (1) Serves only dependent children of military personnel; and

  (2)

    (i) Is located on a military base or federal property; or

    (ii) Is certified as a family child care provider by a branch of the U.S. Department of Defense or the U.S. Coast Guard.

(b) The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base on which a family child care home or large family child care home is located, may assume responsibility for approving or determining which children may be served by the family child care homes and large family child care homes that are exempt from this subtitle.

#### Section 9.5-304

(a) Except as otherwise provided in this section, a family child care home or large family child care home may not operate unless it is registered.

(b) A family child care home is not required to be registered if the child care provider:

  (1) Is related to each child by blood or marriage;

  (2) Is a friend of each child's parents or legal guardian and the care is provided on an occasional basis; or

  (3) Has received the care of the child from a child placement agency licensed by the Department of Human Services or by a local department of social services.

(c)

  (1) A person may not advertise a family child care home, large family child care home, or family child care service unless the family child care home or large family child care home is registered under the provisions of this subtitle.

  (2) An advertisement for a family child care home, large family child care home, or family child care service shall state:

    (i) That the family child care home or large family child care home is registered with the Department; and

    (ii) The registration number issued to the family child care home or large family child care home by the Department.

  (3) An employee of the Department charged with the investigation and enforcement of child care regulations, the State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal may visit the home of a child care provider, and the employee of the Department may serve a civil citation without any other evidence of unregistered family child care if:

    (i) The child care provider advertises a family child care home or large family child care home that is not registered under the provisions of this subtitle;

    (ii) The Department sends a warning letter to the child care provider; and

    (iii) The child care provider:

      (1) Does not respond to the Department within 10 business days after the Department sends the warning letter; or

      (2) Responds to the Department in a manner that does not adequately address the charge in the warning letter.

  (4) The State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal who visits a child care center under paragraph (3) of this subsection may take any action authorized under Sec. 6-316 of the Public Safety Article, the State Fire Prevention Code, or a local fire prevention code.

(d) An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.

#### Section 9.5-305

(a) For purposes of this subtitle, a child care provider's own children under the age of 2 years shall be counted as children served.

(b)

  (1) In a family child care home:

    (i) There may not be more than:

      (1) 8 children in care at any given time; and

      (2) 4 children under the age of 2 years; and

    (ii) There shall be an adult to child ratio of at least 1 adult to every 2 children under the age of 2 years.

  (2) In a large family child care home:

    (i) There may not be more than 12 children in care at any given time; and

    (ii) There shall be a limit on the number of children under the age of 2 years and an adult to child ratio that comply with regulations adopted by the Department under Sec. 9.5-303 of this subtitle.

(c) If the Department determines that the group size provisions of subsection (b) of this section are unsuitable for a particular family child care home or large family child care home, the Department may decrease the number of children permitted to be in care at that family child care home or large family child care home.

#### Section 9.5-305.1

(a) This section applies only to a family child care provider who is a member of a reserve component.

(b) A family child care provider shall designate a substitute to provide family child care during the family child care provider's absence for required training and active service in a reserve component.

(c) A family care provider under subsection (b) of this section may use the designated substitute to provide family child care during the family child care provider's absence for not more than 45 working days in any 12-month period.

(d) This section may not be construed to otherwise limit the authority of the Department to establish requirements for:

  (1) A family child care provider to designate a substitute to provide family child care in the family child care provider's absence; and

  (2) The qualifications necessary to serve as a substitute.

#### Section 9.5-306

(a) A registration under this subtitle may be revoked, a child care provider may appeal from the revocation, and the operation of an unregistered family child care home may be enjoined.

(b)

  (1) Revocation, appeal, or injunction under this subtitle shall be in accordance with Subtitle 1 of this title.

  (2) Subject to paragraph (1) of this subsection, the State Superintendent or the State Superintendent's designee shall exercise the authority granted to the Department.

#### Section 9.5-307

(a) The State Superintendent or other authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any unregistered family child care home to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to family child care homes.

(b)

  (1) The application for an administrative search warrant shall be in writing and signed and sworn by the State Superintendent and shall particularly describe the place, structure, premises, or records to be inspected and the nature, scope, and purpose of the inspection to be conducted.

  (2) Before the filing of an administrative search warrant application with a court, the application shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.

(c) A judge of a District Court or circuit court in the jurisdiction in which the unregistered family child care home is located may issue an administrative search warrant on finding that:

  (1) The Department has reasonably sought and been denied access to an unregistered family child care home for the purpose of making an inspection;

  (2) The requirements of subsection (b) of this section are met;

  (3) The official or employee of the Department is authorized or required by law to make an inspection of the unregistered family child care home for which the warrant is sought; and

  (4) The Department has shown probable cause for the issuance of the warrant by specific evidence:

    (i) Of an existing violation of Sec. 9.5-304 of this subtitle; and

    (ii) That the health, safety, and welfare of the children in the unregistered family child care home are substantially threatened due to conditions in the unregistered family child care home.

(d) The administrative search warrant issued under this section shall specify the place, structure, premises, or records to be inspected and shall be enforceable during operating hours for a period not exceeding 15 days from the date of issuance.

(e)

  (1) An administrative search warrant issued under this section authorizes the State Superintendent and other officials or employees of the Department or the Department of Human Services to enter the specified property to perform the inspection and other functions authorized by law to determine compliance with the provisions of this subtitle relating to family child care homes and large family child care homes.

  (2) The inspection may not exceed the limits specified in the warrant.

#### Section 9.5-308

(a) The Department shall prepare and, as needed, update an informational pamphlet for parents of children in family child care.

(b) The pamphlet shall contain:

  (1) An outline of family child care regulations;

  (2) A description of parental rights and responsibilities;

  (3) A description of complaint procedures; and

  (4) The address and telephone number of the local department.

(c) The Department shall make the pamphlet available to child care providers for distribution to parents.

#### Section 9.5-309

(a) Upon receipt of the notification required under Sec. 5-705.3 of the Family Law Article, the State Superintendent's designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under Sec. 5-706(f) of the Family Law Article to be followed in investigating and otherwise responding to the report.

(b) The multidisciplinary team shall be chaired by the State Superintendent's designee and shall include:

  (1) Representatives of the local department and law enforcement agency that are investigating the report under Sec. 5-706 of the Family Law Article;

  (2) Representation from the office of the local State's Attorney; and

  (3) Appropriate medical, including mental health, expertise.

(c) Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team's responsibility under this section.

(d) Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of Sec.Sec. 1-201, 1-202, 1-204, and 1-205 of the Human Services Article.

(e) Upon request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a family child care home or large family child care home.

#### Section 9.5-310

Within 30 days after a child under the age of 6 years enters care in a family child care home or large family child care home, a parent or guardian of the child shall provide to the family child care home or large family child care home evidence of an appropriate screening for lead poisoning. This evidence may include documentation from the child's continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.

#### Section 9.5-311

A person who violates Sec. 9.5-304(a) of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $1,500 for the first violation; and

(2) A fine not exceeding $2,500 for a second or subsequent violation.

#### Section 9.5-312

(a) Except as provided in subsection (b) of this section and subject to the provisions of subsection (d) of this section, a person who violates any provision of this subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty imposed in a civil action not exceeding $1,000 for each violation.

(b)

  (1) A person who violates Sec. 9.5-304(a) or (c) of this subtitle and is served a civil citation under that section is subject to a civil penalty as follows:

    (i) $250 for the first violation;

    (ii) $500 for the second violation; and

    (iii) $1,000 for the third and each subsequent violation.

  (2) Any money collected under this subsection shall be deposited into the General Fund of the State.

  (3) Any person served with a citation under this subsection may appeal the citation to the Office of Administrative Hearings in accordance with Sec. 10-205 of the State Government Article.

(c) Each day a violation occurs is a separate violation under this section.

(d) The total amount of civil penalties imposed in an action under this section may not exceed $5,000.

#### Section 9.5-313

This subtitle may not be construed to impair or limit the authority granted to the Department of Human Services, the Department, or the Maryland Department of Health under any other provision of the Code unless that provision necessarily is inconsistent with this subtitle.

#### Section 9.5-314

(a) There is a Family Child Care Provider Direct Grant Fund administered by the Department.

(b) To administer grants to family child care providers, the Department may contract with State agencies and nonprofit organizations.

#### Section 9.5-315

(a) The State Superintendent may delegate the authority to approve direct grants to any board that exists or may be created within the Department.

(b) A grant made under this subtitle shall be awarded as a reimbursement for the expenses incurred by a family child care provider to comply with State and local regulations.

#### Section 9.5-316

(a) The funds shall consist of:

  (1) Money specifically appropriated for the Direct Grant Fund; or

  (2) Any other money made available to the Direct Grant Fund.

(b) The Direct Grant Fund shall be used to:

  (1) Pay all expenses and disbursements authorized by the Department for administering the Direct Grant Fund; and

  (2) Make grants to family child care providers.

(c) In making grants under this subtitle, consideration shall be given to:

  (1) Geographic distribution;

  (2) Community need; and

  (3) Family income, with priority given to those families with the lowest income.

(d) The amount of State general funds expended for grants to family child care providers from the Direct Grant Fund may not exceed $50,000 in each year.

#### Section 9.5-317

(a) The Department may make a grant to an applicant only if:

  (1) The applicant meets the qualifications required by this subtitle; and

  (2) The grant does not exceed $500.

(b) An applicant may receive only one grant.

#### Section 9.5-318

(a) To apply for financial assistance, an applicant shall submit to the Department an application on the form that the Department requires.

(b) The application shall include:

  (1) The identity and location of the family child care provider;

  (2) An itemization of known and estimated costs;

  (3) The total amount of funds required by the family child care provider to comply with State and local regulations;

  (4) The funds available to the applicant without financial assistance from the Department;

  (5) The amount of financial assistance sought from the Department;

  (6) A statement from the family child care provider on how the grant funds will be used;

  (7) Information that relates to the family income of the grant applicant; and

  (8) Any other relevant information that the Department requests.

#### Section 9.5-319

(a) Except as otherwise provided in this subtitle, the Department may set the terms and conditions for direct grants.

(b) On an annual basis, the Department shall establish priorities for the types of child care to be provided by recipients of direct grants.

#### Section 9.5-320

(a) A person may not knowingly make or cause any false statement or report to be made in any application or in any document furnished to the Department.

(b) A person may not knowingly make or cause any false statement or report to be made for the purpose of influencing the action of the Department on an application for financial assistance or for the purpose of influencing any action of the Department affecting financial assistance whether or not such assistance may have already been extended.

(c) Any person or any aider or abettor who violates any provision of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment in the penitentiary not exceeding 1 year or both.

#### Section 9.5-321

The State Board shall promulgate such rules as are necessary to carry out the purposes of this subtitle.

### Subtitle 4. Child Care Centers

#### Section 9.5-401

(a) In this subtitle the following words have the meanings indicated.

(b) "Child" means an individual under the age of 16 years.

(c)

  (1) "Child care center" means an agency, institution, or establishment that, for part or all of a day, or on a 24-hour basis on a regular schedule, and at least twice a week, offers or provides child care to children who do not have the same parentage except as otherwise provided for in law or regulation.

  (2) "Child care center" shall include a nonpublic nursery school in which an instructional program is offered or provided for children who are under the age of 5 years.

  (3) "Child care center" does not include:

    (i) A nonpublic kindergarten in which an instructional program is offered or provided for children who are at least 5 years old;

    (ii) A nonpublic elementary school in which an instructional program is offered or provided for children who are in grades 1 through 8;

    (iii) A child care home, a child care institution, or other child care facility that offers or provides a residential placement for a child and is established, licensed, or registered under this title, Title 9 of the Human Services Article, or Title 10 of the Health - General Article; or

    (iv) A family child care home or large family child care home that is required to be registered or is registered under this title.

(d) "Letter of compliance" means a letter issued by the Department to a religious organization that meets the requirements under Sec. 9.5-404 of this subtitle.

#### Section 9.5-402

(a)

  (1) The General Assembly finds that:

    (i) A child is not capable of self-protection; and

    (ii) If care of a child is given over to another, mental and physical risks arise that need to be offset by reasonable protective measures.

  (2) The General Assembly also finds that:

    (i) There is a shortage of child care placements for children under the age of 2 years; and

    (ii) The rules and regulations adopted under this subtitle should provide for small child care centers that provide care in a homelike environment.

(b) The purpose of this subtitle is not to limit a parent in getting the help of responsible relatives or friends in giving child care for a child, but is to aid each parent and protect each child from the risk present if:

  (1) The child is cared for by an individual other than a relative or friend; and

  (2) Children of more than one family are cared for together or, on different days, use the same facilities.

#### Section 9.5-403

(a) This subtitle does not supersede:

  (1) Any right or power of the Maryland Department of Health or any local health officer;

  (2) Any right or power of a county department of education;

  (3) Any building code or zoning provision;

  (4) Any right or power of the Administration within the Department of Human Services or any local department; or

  (5) Any right or power of the Department of Human Services to regulate residential child care facilities.

(b) Notwithstanding any other provision of law, if a child care center for school age children is operated before and after school hours in a building which is in use as a public or private school, the school age child care center:

  (1) Shall meet local fire, health, and zoning codes required of school buildings; and

  (2) May not be required to meet any additional regulations relative to the physical plant beyond those imposed by the county or the local board of education with respect to that building.

(c)

  (1) This subtitle does not apply to a child care center that:

    (i) Serves only dependent children of military personnel; and

    (ii)

      (1) Is located on a military base or federal property; or

      (2) Is certified as a child development program by a branch of the U.S. Department of Defense or the U.S. Coast Guard.

  (2) The U.S. Department of Defense or the U.S. Coast Guard, or their agents, including an installation commander of a military base on which a child care center is located, may assume responsibility for approving or determining which children may be served by the child care centers that are exempt from this subtitle.

#### Section 9.5-404

(a) The State Board shall adopt rules and regulations for licensing and operating child care centers.

(b) These rules and regulations shall:

  (1) Ensure safe and sanitary conditions in child care centers;

  (2) Ensure proper care, protection, and supervision of children in child care centers;

  (3) Ensure the health of children in child care centers by:

    (i) Monitoring children for signs and symptoms of child abuse;

    (ii) Instructing licensees and staff concerning child abuse detection and reporting;

    (iii) Monitoring health practices to help prevent the spread of disease;

    (iv) Monitoring the care of infants and children with special needs; and

    (v) Prohibiting the administration of corporal punishment to discipline a child;

  (4) Promote the sound growth and development of children in child care centers;

  (5) Promote proper nutrition and developmentally appropriate practices by:

    (i) Establishing training and policies promoting breast-feeding;

    (ii)

      (1) Requiring compliance with the United States Department of Agriculture Child and Adult Care Food Program standards for beverages served to children, except that milk that is not nonfat or low fat may be ordered by a health care practitioner or requested by a parent or guardian; and

      (2) Prohibiting beverages other than infant formula that contain added sweetener or caffeine; and

    (iii) Setting limits on screen time;

  (6) Carry out otherwise the purposes and requirements of this subtitle, including imposition of intermediate sanctions to ensure compliance;

  (7) Prohibit a child from remaining at a child care center for more than 14 hours in 1 day unless the Department issues an exception for that child based on guidelines set by the State Superintendent;

  (8)

    (i) Require that a child care center have in attendance at all times at least 1 individual who is responsible for supervision of children, including children on field trips, and who holds a current certificate indicating successful completion of approved:

      (1) Basic first aid training through the American Red Cross or through a program with equivalent standards; and

      (2) Cardiopulmonary resuscitation (CPR) training through the American Heart Association or through a program with equivalent standards appropriate for the ages of children for whom care is provided in the child care center; and

    (ii) Require that a child care center serving more than 20 children have in attendance certificate holders described in item (i) of this item in a ratio of certificate holders to children set by the Department;

  (9) Require that the minimum age of a child care teacher in a child care center be at least 18 years old and an individual may not be precluded from being a child care teacher solely for being 18 years old;

  (10)

    (i) Require that a child care center that receives notice of a contaminated drinking water supply from the child care center's supplier of water, in accordance with Sec. 9-410 of the Environment Article or otherwise, send notice of the drinking water contamination to the parent or legal guardian of each child attending the child care center; and

    (ii) Require that the notice sent by the child care center shall:

      (1) Be sent within 10 business days after receipt of the notice of contamination from the child care center's water supplier;

      (2) Be in writing;

      (3) Identify the contaminants and their levels in the center's water supply; and

      (4) Describe the child care center's plan for dealing with the water contamination problem until the child care center's water is determined by the appropriate authority to be safe for consumption;

  (11)

    (i) Require a child care center to have a written emergency preparedness plan for emergency situations that require evacuation, sheltering in place, or other protection of children, such as in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the child care center;

    (ii) Require the plan under item (i) of this item to include:

      (1) A designated relocation site and evacuation route;

      (2) Procedures for notifying parents or other adults responsible for the child of the relocation;

      (3) Procedures to address the needs of individual children, including children with special needs;

      (4) Procedures for the reassignment of staff duties during an emergency, as appropriate; and

      (5) Procedures for communicating with local emergency management officials or other appropriate State or local authorities; and

    (iii) Require a child care center to train staff and ensure that staff are familiar with the plan;

  (12) Require a child care center to have window coverings in accordance with Sec. 5-505 of the Family Law Article; and

  (13) Subject to subsection (c) of this section, establish probationary employment qualifications for an individual who is applying for the first time to be a child care teacher in a child care center in the State that serves preschool or school-age children who are at least 2 years old.

(c)

  (1) The probationary employment qualifications established under subsection (b)(13) of this section shall allow an individual to be employed as a child care teacher during a probationary period if the individual:

    (i)

      (1) Is enrolled in approved pre-service training;

      (2) Successfully completes the required 90 hours of the approved pre-service training within 6 months after being hired; and

      (3) Holds an associate degree or a bachelor's degree in:

      (A) Early childhood education;

      (B) Elementary education;

      (C) Child development;

      (D) Home economics;

      (E) Nursing;

      (F) Social work;

      (G) Special education; or

      (H) A related field approved by the Department; or

    (ii)

      (1) Is enrolled in approved pre-service training;

      (2) Has successfully completed at least 45 hours of the approved pre-service training at the time the child care center hires the individual;

      (3) Successfully completes the remaining hours of the pre-service training within 6 months after being hired; and

      (4) Holds an associate degree or a bachelor's degree in a field other than a field listed under item (i)3 of this paragraph.

  (2) If, at the end of the 6-month probationary period, an individual described in paragraph (1) of this subsection has not completed the required pre-service training, the child care center shall, with no further cause, terminate the individual or reassign the individual to a nonteaching position.

#### Section 9.5-405

(a) Except as otherwise provided in this subtitle, a person shall be licensed by the Department before the person may operate a child care center in this State.

(b) This section does not apply to:

  (1) The instructional program, curriculum, or teacher, principal, or administrator qualifications of a nursery school or a child care center that is operated by a religious organization that is exempt from taxation under Sec. 501(c)(3) of the Internal Revenue Code in a school building exclusively for children who are enrolled in that school;

  (2) A nonpublic nursery school operated by a tax-exempt religious organization that has been issued a certificate of approval by the Department;

  (3) A nonpublic nursery school operated by a tax-exempt religious organization that:

    (i) Complies with the regulations adopted under this subtitle; and

    (ii) Has been issued a letter of compliance by the Department; or

  (4) A program that is operated by a tax-exempt religious organization while the organization is conducting a religious service, business meeting, or other religious organization function in the organization's building and which program is exclusively for children where parents are attending the service or meeting.

(c) Notwithstanding any other provision of law, if a child care center for school age children is operated before and after school hours in a building which is in use as a public or private school, the school age child care center:

  (1) Shall meet local fire, health, and zoning codes required of school buildings; and

  (2) May not be required to meet any additional regulations relative to the physical plant beyond those imposed by the county or the local board of education with respect to that building.

(d) Notwithstanding the exemption under subsection (b)(4) of this section, a program that is operated by a tax-exempt religious organization while the organization is conducting a religious service, business meeting, or other religious organization function in the organization's building and which program is exclusively for children where parents are attending the service or meeting shall:

  (1) Comply with all applicable State and local fire, building, and zoning laws; and

  (2) Prior to the utilization of the program's facility, be inspected by the State Fire Marshal, or local fire authority having jurisdiction, to ensure that the facility is in compliance with all applicable fire safety regulations.

(e)

  (1) A person may not advertise a child care center unless the person is licensed to operate a child care center under the provisions of this subtitle.

  (2) An advertisement for a child care center shall state:

    (i) That the child care center is licensed by the Department; and

    (ii) Except as provided in paragraph (3) of this subsection, the license number issued to the child care center by the Department.

  (3) An advertisement for multiple child care centers operated by a single licensee shall state the license number of at least one of the child care centers that the licensee operates.

  (4) An employee of the Department charged with the investigation and enforcement of child care regulations, the State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal may visit the child care center, and the employee of the Department may issue a civil citation without any other evidence of unlicensed child care if:

    (i) A person advertises a child care center that is not licensed under the provisions of this subtitle;

    (ii) The Department sends a warning letter to the person; and

    (iii) The person:

      (1) Does not respond to the Department within 10 business days after the Department sends the warning letter; or

      (2) Responds to the Department in a manner that does not adequately address the charge in the warning letter.

  (5) The State Fire Marshal, a deputy State fire marshal, a special assistant State fire marshal, or a local fire marshal who visits a child care center under paragraph (4) of this subsection may take any action authorized under Sec. 6-316 of the Public Safety Article, the State Fire Prevention Code, or a local fire prevention code.

(f) An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.

#### Section 9.5-406

(a) An applicant for a license shall submit an application to the Department on the form that the State Superintendent requires.

(b) An application for a license shall contain:

  (1) The name of the applicant;

  (2) The proposed location of the child care center;

  (3) The name of the individual to be in charge of the child care center; and

  (4) Any other information that the Department requires.

#### Section 9.5-407

The Department shall issue a license to any applicant who meets the requirements of this subtitle and of the rules and regulations adopted under it.

#### Section 9.5-408

(a)

  (1) A license authorizes the licensee to operate a child care center while the license is effective.

  (2) A license authorizes the licensee to operate a child care center that offers or provides child care regardless of the time of day.

(b) Unless the Department first approves the change, a licensee may not make any substantial addition to or other change in a building or plant of the child care center or a change in its facilities that could affect materially any condition under which the license was issued.

#### Section 9.5-409

(a) Each initial license and letter of compliance expires on the second anniversary of its effective date.

(b) Prior to expiration of an initial license or letter of compliance, and on application by the licensee or letter of compliance holder that meets the requirements set by the Department, a continuing license or letter of compliance may be issued that remains in effect until surrendered, suspended, revoked, or replaced by a conditional license or letter of compliance.

(c) The Department shall inspect each child care center operating under a license or a letter of compliance:

  (1) On an announced basis prior to issuing the initial or continuing license or letter of compliance to determine whether applicable requirements are being met; and

  (2) On an unannounced basis at least once during each 12-month period that the license or letter of compliance is in effect to determine whether safe and appropriate child care is being provided.

#### Section 9.5-410

A license issued under this subtitle is not transferable.

#### Section 9.5-411

(a) Subject to the hearing requirements of this section, the Department may deny a license or letter of compliance to any applicant or deny approval for a change under Sec. 9.5-408 of this subtitle if the applicant or proposed change does not meet the requirements of this subtitle.

(b) Subject to the hearing requirements of this section and Sec. 9.5-415 of this subtitle, the State Superintendent may suspend or revoke a license or letter of compliance if the licensee:

  (1) Violates a provision of this subtitle or any rule or regulation adopted under it; or

  (2) Does not meet the current requirements for a new license or letter of compliance.

(c)

  (1) Except as otherwise provided in subsection (d) of this section, before any action is taken under this section, the State Superintendent shall give the individual against whom the action is contemplated an opportunity for a public hearing before the State Superintendent.

  (2) The hearing notice to be given to the individual shall be sent at least 10 days before the hearing.

  (3) The individual may be represented at the hearing by counsel.

(d)

  (1)

    (i) The State Superintendent may suspend the license or letter of compliance to operate a child care center on an emergency basis when the State Superintendent determines that this action is required to protect the health, safety, or welfare of a child in the child care center.

    (ii) When the State Superintendent suspends a license or letter of compliance on an emergency basis, the State Superintendent shall deliver written notice of the suspension to the licensee stating the regulatory basis for the suspension.

  (2)

    (i) Upon delivery of the emergency suspension notice, the licensee or letter holder shall cease immediately operation of the child care center.

    (ii) The licensee or letter holder may request a hearing before the State Superintendent.

  (3)

    (i) If a hearing is requested by the licensee or letter holder, the State Superintendent shall hold a hearing within 7 calendar days of the request for a hearing. The hearing shall be held in accordance with the Administrative Procedure Act.

    (ii) Within 7 calendar days of the hearing a decision concerning the emergency suspension shall be made by the State Superintendent.

  (4) If the emergency suspension order is upheld by the State Superintendent, the licensee or letter holder shall continue to cease operations until it is determined that the health, safety, or welfare of a child in the child care center is no longer threatened.

  (5) Any person aggrieved by a decision of the State Superintendent to uphold an emergency suspension may appeal that decision directly to the circuit court in the county in which the child care center is located.

(e) The State Superintendent may petition the circuit court in the county in which the child care center is located to enjoin the activities and operations of a person who operates a child care center without a license or letter of compliance as required by this subtitle, including when a license or letter of compliance has been denied, revoked, or suspended in accordance with this subtitle.

#### Section 9.5-412

(a) The State Superintendent or other authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any unlicensed child care center to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to child care centers.

(b)

  (1) The application for an administrative search warrant shall be in writing and signed and sworn by the State Superintendent and shall particularly describe the place, structure, premises, or records to be inspected and the nature, scope, and purpose of the inspection to be conducted.

  (2) Before the filing of an administrative search warrant application with a court, the application shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.

(c) A judge of a District Court or circuit court in the jurisdiction in which the unlicensed child care center is located may issue an administrative search warrant on finding that:

  (1) The Department has reasonably sought and been denied access to an unlicensed child care center for the purpose of making an inspection;

  (2) The requirements of subsection (b) of this section are met;

  (3) The official or employee of the Department is authorized or required by law to make an inspection of the unlicensed child care center for which the warrant is sought; and

  (4) The Department has shown probable cause for the issuance of the warrant by specific evidence:

    (i) Of an existing violation of  Sec.Sec. 9.5-405(a) and 9.5-416 of this subtitle; and

    (ii) That the health, safety, and welfare of the children in the child care center are substantially threatened due to conditions in the child care center.

(d) The administrative search warrant issued under this section shall specify the place, structure, premises, or records to be inspected and shall be enforceable during operating hours for a period not exceeding 15 days from the date of issuance.

(e)

  (1) An administrative search warrant issued under this section authorizes the State Superintendent and other officials or employees of the Department to enter the specified property to perform the inspection and other functions authorized by law to determine compliance with the provisions of this subtitle relating to child care centers.

  (2) The inspection may not exceed the limits specified in the warrant.

#### Section 9.5-413

Within 30 days after a child under the age of 6 years enters care in a child care center, a parent or guardian of the child shall provide to the child care center evidence of an appropriate screening for lead poisoning. This evidence may include documentation from the child's continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.

#### Section 9.5-414

(a) Each employee, as defined in Sec. 5-550 of the Family Law Article, of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall apply to the Department of Human Services, on or before the first day of actual employment, for a child abuse and neglect clearance.

(b) The Department may prohibit the operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle from employing an individual who:

  (1) Has received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or

  (2) Has been identified as responsible for child abuse or neglect.

(c) The operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall immediately notify the Department of a criminal history records check of an employee that reports a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article.

#### Section 9.5-415

Any person aggrieved by a final decision of the State Superintendent in a contested case, as defined in the Administrative Procedure Act, may take any further appeal allowed by the Administrative Procedure Act.

#### Section 9.5-416

(a) Except as otherwise provided in this subtitle, a person may not operate a child care center in this State unless licensed by the Department.

(b) An employee of the Department charged with the investigation and enforcement of child care regulations may serve a civil citation to a person found in violation of this section.

#### Section 9.5-417

A person who violates Sec. 9.5-405(a) or Sec. 9.5-416(a) of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $1,500 for the first violation; and

(2) A fine not exceeding $2,500 for a second or subsequent violation.

#### Section 9.5-418

(a) Except as provided in subsection (b) of this section and subject to the provisions of subsection (d) of this section, a person who violates any provision of this subtitle or any rule or regulation adopted under this subtitle is subject to a civil penalty imposed in a civil action not exceeding $1,000 for each violation.

(b) A person who violates Sec. 9.5-405(a) or (e) or Sec. 9.5-416 of this subtitle and is served a civil citation under that section is subject to a civil penalty as follows:

  (1) $250 for the first violation;

  (2) $500 for the second violation; and

  (3) $1,000 for the third and each subsequent violation.

(c) Each day a violation occurs is a separate violation under this section.

(d) The total amount of civil penalties imposed in an action under this section may not exceed $5,000.

#### Section 9.5-419

(a) On receipt of the notification required under Sec. 5-705.3 of the Family Law Article, the State Superintendent's designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under Sec. 5-706(f) of the Family Law Article to be followed in investigating and otherwise responding to the report.

(b) The multidisciplinary team shall be chaired by the State Superintendent's designee and shall include:

  (1) Representatives of the local department and law enforcement agency that are investigating the report under Sec. 5-706 of the Family Law Article;

  (2) Representation from the office of the local State's Attorney; and

  (3) Appropriate medical, including mental health, expertise.

(c) Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team's responsibility under this section.

(d) Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of Sec.Sec. 1-201, 1-202, 1-204, and 1-205 of the Human Services Article.

(e) On request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a child care center.

#### Section 9.5-420

(a) All restrictions imposed by the laws, ordinances, or regulations of all subordinate jurisdictions within the State of Maryland on the licensure or regulation of child care centers are superseded by this section, and the State of Maryland hereby preempts the rights of these jurisdictions to regulate child care centers.

(b) This section does not apply to any local fire, building, or zoning code required of a child care center.

### Subtitle 5. Child Care Centers in State-occupied Buildings

#### Section 9.5-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Employee" means a State employee.

(c) "Employee occupant" means a State employee who is assigned or will be assigned to a State-occupied building.

(d) "Occupying agency" means a State agency or department which is or will be located in a State-occupied building.

(e) "State complex" means more than 1 State-occupied building or facility situated either adjacent to or within reasonable proximity to another State-occupied building or facility.

(f) "State-occupied building" means:

  (1) An office building acquired through any means by the State for use by a State agency or department; and

  (2) An office building constructed by or for the State for occupancy by a State agency or department.

#### Section 9.5-502

(a) The Department may establish child care centers for the children of State employees in State-occupied buildings in the manner provided in this section.

(b) Before the State acquires or constructs an office building that accommodates 700 or more employees, the Department shall:

  (1) Survey the employees who will be assigned to the building regarding the employees' child care needs;

  (2) Determine whether child care services for more than 29 children are needed; and

  (3) If sufficient need is demonstrated, determine how much space is required and request that the Department of General Services designate the required amount of space within the building or acquire the designated amount of space within a nearby building for a child care center.

(c) The occupying agency shall notify the employee occupants of the availability of space for a child care center at least 180 days before the projected date of occupancy.

#### Section 9.5-503

(a) The Maryland Department of Health and the Department of General Services shall cooperate with and assist the Department in carrying out the purposes of this subtitle.

(b) The Department shall:

  (1) Provide the guidance and means for establishing child care centers for the children of State employees in State-occupied buildings or nearby buildings in accordance with this subtitle;

  (2) Provide for licensing of child care centers for children of State employees;

  (3) Ensure that space designated within a State-occupied building or nearby buildings for a child care center complies with the prevailing local and State safety building codes for child care centers;

  (4) Apply the regulations adopted under Subtitle 4 of this title for child care centers; and

  (5) Contract for child care services in the space provided. Contract providers must provide proof of financial responsibility.

(c)

  (1) The Department of General Services shall:

    (i) Construct or acquire the required space to be used by the child care center, which space shall be submetered for utilities and the costs of which shall be paid by the child care center; and

    (ii) Inspect the facility monthly and inform child care center personnel of maintenance deficiencies to be corrected by the child care center.

  (2) If any deficiencies under paragraph (1)(ii) of this subsection are not corrected within a reasonable time, the Department of General Services shall notify the Department which will exact compliance in accordance with the terms of the child care center contract.

  (3) The child care center shall pay for any costs of operation of the child care center.

(d) Space originally set aside for a child care center may be used for other purposes if:

  (1) The building has been fully occupied for 180 days; and

  (2) An application to operate a child care center has not been filed under Subtitle 4 of this title.

(e) Children of State employees shall have priority over other children in admission to a child care center in a State-occupied building or nearby buildings.

(f)

  (1) After a child care center for children of State employees has been established, the Department shall assess the child care needs of the State employees using the center at least every 5 years.

  (2) If the assessment demonstrates that the service is no longer needed or feasible, the State Superintendent may close the center.

  (3) The State Superintendent shall give the child care center 90 days' written notice of closure.

#### Section 9.5-504

(a) In this section, "pilot program" means the child care centers established in State-occupied buildings or State complexes under this section.

(b) There is a pilot program for child care in State-occupied buildings and State complexes.

(c) The Department shall administer the pilot program established under this section.

(d) The pilot program shall be:

  (1) Operated in at least 1 State-occupied building or State complex where 700 or more State employees are located;

  (2) Established to accommodate at least 29 children at each location; and

  (3) Established for at least 3 years.

(e)

  (1) The Department shall contract with child care providers to operate the child care centers established under this section.

  (2) The contract for operating a child care center shall require the child care provider:

    (i) To be responsible for entering into agreements, and making arrangements with the employees, for the provision of child care;

    (ii) To provide proof of financial responsibility;

    (iii) To be licensed under this subtitle and Subtitle 4 of this title;

    (iv) To comply with any laws or regulations governing child care centers;

    (v) To obtain and keep in effect liability insurance in an amount determined to be sufficient by the State Superintendent; and

    (vi) To comply with any other requirement the State Superintendent considers reasonable and necessary.

  (3) The child care provider may not be held responsible for providing the necessary space for the operation of the child care center.

#### Section 9.5-505

(a) Within 30 days after a child under the age of 6 years enters care in a child care center in a State-occupied building, a parent or guardian of the child shall provide to the child care center evidence of an appropriate screening for lead poisoning.

(b) This evidence may include documentation from the child's continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.

### Subtitle 6. Child Care Quality Incentive Grant Program

#### Section 9.5-601

(a) In this subtitle the following words have the meanings indicated.

(b) "Child care center" has the meaning stated in Sec. 9.5-401 of this title.

(c) "Child care provider" means a family child care provider or a child care center.

(d) "Direct incentive grant" means a grant awarded under the Child Care Quality Incentive Grant Program.

(e) "Family child care provider" has the meaning stated in Sec. 9.5-301 of this title.

#### Section 9.5-602

(a) There is a Child Care Quality Incentive Grant Program administered by the Department.

(b) To administer direct incentive grants to child care providers, the Department may contract with other State agencies and nonprofit organizations.

#### Section 9.5-603

(a) The State Superintendent may delegate the authority to approve direct incentive grants to any board that exists or may be created in the Department.

(b) A direct incentive grant made under this subtitle shall be awarded as an incentive for a child care provider to improve the quality of care being provided to children through the purchase of supplies, materials, and equipment.

#### Section 9.5-604

(a) The grant funds shall consist of:

  (1) Money specifically appropriated for the Child Care Quality Incentive Grant Program; and

  (2) Any other money made available to the Child Care Quality Incentive Grant Program.

(b) The Child Care Quality Incentive Grant Program shall be used to:

  (1) Pay all expenses and disbursements authorized by the Department for administering the Child Care Quality Incentive Grant Program; and

  (2) Award direct incentive grants to child care providers.

(c) To be eligible to receive grants under this subtitle, a child care provider must:

  (1) Possess a certificate of registration or license that is current and not subject to any pending regulatory action, including revocation and suspension; and

  (2) Not be in arrears in the payment of any money owed to the State, including the payment of taxes and employee benefits.

(d) Grants made under this subtitle shall be limited to:

  (1) Child care centers located in Title I communities;

  (2) Child care centers where at least 25% of the children enrolled receive subsidies through the purchase of child care program; and

  (3) Family child care homes and large family child care homes that serve children who receive child care subsidies through the purchase of child care program.

#### Section 9.5-605

The Department may award a direct incentive grant to an applicant only if:

(1) The applicant meets the qualifications required by this subtitle;

(2) The direct incentive grant does not exceed $2,500; and

(3) Federal funds are available to cover the cost of the grant.

#### Section 9.5-606

(a) To apply for a direct incentive grant, an applicant shall submit to the Department an application on the form that the Department requires.

(b) The application shall include:

  (1) The name and address of the child care provider;

  (2) An itemization of known and estimated costs including a statement from the child care provider as to how the grant funds will be used;

  (3) The total amount of funds required by the provider to purchase supplies, material, and equipment;

  (4) The funds available to the applicant to purchase supplies, material, and equipment;

  (5) The amount of direct incentive grant funds sought from the Department;

  (6) The number of children that the child care provider serves who receive child care subsidies through the purchase of child care program; and

  (7) Any other relevant information that the Department requests.

#### Section 9.5-607

(a) Except as otherwise provided in this subtitle, the Department may set the terms and conditions for direct incentive grants.

(b) On an annual basis, the Department may establish priorities for the distribution of direct incentive grants based on the categories of children child care providers serve, including infants, toddlers, and preschool and school-age children.

#### Section 9.5-608

(a) A person may not knowingly make or cause any false statement or report to be made in any application or in any document furnished to the Department under this subtitle.

(b) A person may not knowingly make or cause any false statement or report to be made for the purpose of influencing the action of the Department on an application for a direct incentive grant or for the purpose of influencing any action of the Department affecting a direct incentive grant whether or not such a grant may have already been awarded.

(c) Any person or any aider or abettor who violates any provision of this subtitle is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment in the penitentiary not exceeding 1 year or both.

#### Section 9.5-609

The State Superintendent shall adopt regulations necessary to carry out the purposes of this subtitle.

### Subtitle 7. Collective Negotiations by Family Child Care Providers

#### Section 9.5-701

(a) In this subtitle the following words have the meanings indicated.

(b) "Family child care provider" means an individual who participates in the Maryland Child Care Subsidy Program who is:

  (1) A registered provider as defined in Sec. 9.5-301(c) of this title; or

  (2) Exempt from the registration requirements under Sec. 9.5-304 of this title.

(c) "Provider organization" means an organization that:

  (1) Includes family child care providers; and

  (2) Has as one of its purposes the representation of family child care providers in their relations with the State.

#### Section 9.5-702

In according family child care providers and their representatives rights under this subtitle, it is the legislative intent of the General Assembly that the State action exemption to the application of federal and State antitrust laws be fully available to the extent that the activities of the family child care providers and their representatives are authorized under this title.

#### Section 9.5-703

(a) There shall be only one appropriate bargaining unit of family child care providers in the State.

(b) Family child care providers may designate, in accordance with the provisions of this subtitle, which provider organization, if any, shall be the exclusive representative of all family child care providers in the State.

(c)

  (1) The election and certification of the exclusive representative of family child care providers shall be governed by the procedures set forth in Title 3, Subtitle 4 of the State Personnel and Pensions Article.

  (2) All elections shall be conducted by the Public Employee Relations Board and subject to the requirements and limitations of Title 22, Subtitle 4 of the State Government Article.

  (3) The Public Employee Relations Board may not conduct an election for an exclusive representative if an election or certification of an exclusive representative has taken place within the preceding 2 years.

  (4) A provider organization designated as the exclusive representative shall represent all family child care providers in the State fairly and without discrimination, whether or not the family child care providers are members of the provider organization.

#### Section 9.5-704

(a) The Department shall designate appropriate representatives to participate in collective bargaining with the provider organization certified as the exclusive representative of family child care providers.

(b) Except as otherwise provided in this subtitle, the parties shall adhere to the bargaining process set forth in Sec. 3-501 of the State Personnel and Pensions Article.

(c) The Department shall negotiate in consultation with the Department of Budget and Management regarding all matters that require appropriation of State funds.

(d) Collective bargaining shall include all matters related to the terms and conditions of participation by family child care providers in the Maryland Child Care Subsidy Program, including:

  (1) Reimbursement rates;

  (2) Benefits;

  (3) Payment procedures;

  (4) Contract grievance procedures;

  (5) Training;

  (6) Member dues deductions; and

  (7) Other terms and conditions of participation by family child care providers in the Maryland Child Care Subsidy Program.

(e)

  (1)

    (i) Subject to subparagraph (ii) of this paragraph, collective bargaining may include negotiations relating to the right of a provider organization that is the exclusive representative to receive service fees from nonmembers.

    (ii) The representatives of the State may not reach an agreement containing a service fee provision unless the representatives of the State conclude that the agreement as a whole will not adversely impact nonmember providers.

  (2) A family child care provider whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is:

    (i) Not required to pay a service fee; and

    (ii) Required to pay an amount of money as determined in collective bargaining negotiations, not to exceed any service fee negotiated under paragraph (1) of this subsection, to any charitable organization exempt from taxation under Sec. 501(c)(3) of the Internal Revenue Code and to furnish to the Department and the exclusive representative written proof of the payment.

(f)

  (1) Collective bargaining shall include negotiations that result in the establishment of a fund for the purpose of protecting family child care providers against extreme hardship or loss of livelihood resulting from late State payments.

  (2) The exclusive representative shall pay for a portion of the fund.

  (3) The fund:

    (i) May not be a State fund; but

    (ii) Shall be established and administered in consultation with the State.

  (4) All revenues, money, and assets of the fund belong solely to the fund and are held by the fund in trust for family child care providers.

  (5) The State may not borrow, appropriate, or direct payments from the revenues, money, or assets of the fund for any purpose.

  (6) The fund shall include funds sufficient to meet the reasonably foreseeable needs of the family child care providers.

(g) Notwithstanding subsection (d) of this section, the representatives of the State:

  (1) May not be required to negotiate any matter that is inconsistent with applicable law; and

  (2) May negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended by the General Assembly.

(h) The parties shall reduce their agreement to a Memorandum of Understanding that complies with the provisions of Sec. 3-601 of the State Personnel and Pensions Article.

#### Section 9.5-705

The certification of an exclusive representative of family child care providers by the Department does not prevent the certified provider organization or any other organization or individual from communicating with any State official on matters of interest, including appearing before or making proposals to the Department at a public meeting or hearing or at any other forum of the Department.

#### Section 9.5-706

(a) A provider organization may not call or direct a strike or other collective cessation of the delivery of services.

(b) This subtitle may not be construed to grant any right, or imply that family child care providers have any right, to engage in a strike or other collective cessation of the delivery of services.

#### Section 9.5-707

(a) This subtitle may not be construed to make family child care providers employees of the State.

(b) This subtitle may not alter in any way the role of parents in selecting, directing, and terminating the services of family child care providers.

### Subtitle 8. Early Childhood Development Advisory Council

#### Section 9.5-801

In this subtitle, "Council" means the Office of Child Care Advisory Council.

#### Section 9.5-802

There is an Office of Child Care Advisory Council.

#### Section 9.5-803

(a)

  (1) The Council consists of at least 25 members, but no more than 31 members.

  (2) In appointing members to the Council, the State Superintendent shall, to the extent possible, appoint members representing geographically diverse jurisdictions across the State.

(b) The members shall include:

  (1) 1 member of the Senate of Maryland appointed by the President of the Senate;

  (2) 1 member of the Maryland House of Delegates appointed by the Speaker of the House;

  (3) At least 1 representative, appointed by the Secretary, from:

    (i) The Maryland Department of Health;

    (ii) The Head Start Program;

    (iii) The Department;

    (iv) The Office of the State Fire Marshal;

    (v) A local government;

    (vi) A child care advocacy organization;

    (vii) An independent school, which may include a religious, nonsectarian, or nursery school;

    (viii) A child care resource and referral agency;

    (ix) The Department of the Environment;

    (x) A community college with an early childhood education program;

    (xi) The Maryland Association of Social Services Directors;

    (xii) A professional organization concerned with the quality of early childhood programs; and

    (xiii) The Maryland Association of Public Library Administrators;

  (4) At least 1 representative, appointed by the State Superintendent, who is:

    (i) A local fire official who has responsibility for the enforcement or administration of fire codes;

    (ii) A user of child care services; and

    (iii) A business person;

  (5) A pediatrician with an interest and expertise in child care issues, appointed by the State Superintendent;

  (6) At least two family child care providers, appointed by the State Superintendent; and

  (7) At least two child care providers from child care centers, appointed by the State Superintendent.

(c)

  (1) The term of a member is 3 years.

  (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (4)

    (i) If a vacancy occurs, the State Superintendent promptly shall appoint a successor who will serve until the term expires.

    (ii) The successor may be reappointed for a full term.

  (5) Any member who leaves the position with the organization or State agency that the member represents on the Council shall automatically lose the member's appointment to the Council and the State Superintendent shall promptly appoint a successor.

(d) From among the members of the Council, the State Superintendent shall appoint a chair.

(e)

  (1) A majority of the members then serving on the Council is a quorum.

  (2) The Council shall meet at least once a year at the time and place it decides.

  (3) The Department shall provide staff for the Council.

(f)

  (1) A member of the Council may not receive compensation for duties performed as a member of the Council.

  (2) A member of the Council who is a user of child care services, a family child care provider, or a child care provider from a child care center is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

#### Section 9.5-804

The Council shall:

(1) Advise and counsel the Early Childhood Development Division of the Department;

(2) Review regulations proposed by State agencies regulating child care to ensure coordination and consistency;

(3) Review issues and problems relating to care of children and suggest priorities for consideration by the Early Childhood Development Division; and

(4) Identify interdepartmental issues of importance to child care providers and users that should be addressed by the Early Childhood Development Division and other State agencies.

### Subtitle 9. Child Care Support Programs

#### Section 9.5-901

In this subtitle, "Office" means the Office of Child Care within the Department.

#### Section 9.5-902

(a) There is a Child Care Accreditation Support Fund.

(b) The Fund may only be used by the Office to:

  (1) Pay for the actual expense of an application fee for an approved accrediting organization on behalf of a provider; or

  (2) Reimburse a child care provider for a program improvement cost.

(c) The Governor shall appropriate in the annual budget at least $1,000,000 for the Fund beginning in fiscal year 2021.

#### Section 9.5-903

(a) There is a Child Care Incentive Grant Program.

(b) The Office may award funding to a child care provider through the program for the purpose of improving the child care provider's quality of care through the purchase of Office-approved:

  (1) Materials;

  (2) Equipment; or

  (3) Supplies.

(c) For each of fiscal years 2022 through 2030, funding for the program shall increase by 10% over the prior fiscal year.

#### Section 9.5-904

(a) There is a Maryland Child Care Credential Program.

(b) An individual may apply to the Office for a staff credential, including a child development associate credential, or an administrator credential under this subsection.

(c) If a person pursues, obtains, or already holds an Office-approved credential, the Office may award to the individual:

  (1) An achievement bonus;

  (2) A training reimbursement; or

  (3) A training voucher.

(d)

  (1) The Governor shall appropriate $4,000,000 for the program for fiscal year 2021.

  (2) For each of fiscal years 2022 through 2024, funding for the program shall increase by 10% over the prior fiscal year.

  (3) For fiscal year 2026, the Governor shall appropriate for the program an amount that is at least equal to the amount appropriated in fiscal year 2024.

  (4) For each of fiscal years 2028 through 2030, the Governor shall appropriate $5,687,000 for the program.

#### Section 9.5-905

(a) There is a Child Care Career and Professional Development Fund.

(b) The Office may award funding from the Fund to an individual who has:

  (1) Obtained at least a level 2 in the Maryland Child Care Credential Program under Sec. 9.5-904 of this subtitle;

  (2) Documented at least 1 year of experience working with groups of children in an approved setting;

  (3) Been accepted by an accredited college or university for enrollment in at least one course for credit toward a degree in early childhood education or a related field; and

  (4) Committed to work in an approved child care setting for at least 20 hours per week for a period of time determined by the Office after completing the course of study under subsection (d)(2) of this section.

(c) To carry out the purpose of the Program, awards shall be prioritized to the following applicants:

  (1) An applicant who has not completed any college courses for credit from an accredited college or university; and

  (2) An applicant who attends or has been accepted by an accredited college or university that offers native language or bilingual coursework in early childhood education or a related field.

(d) An award under this section may only be:

  (1) Applied toward the cost of:

    (i) Tuition and fees; or

    (ii) Textbooks required by a course in which the awardee is enrolled; and

  (2) Used by the awardee for the actual expense of college coursework incurred subsequent to an award toward the completion of:

    (i) A college degree in early childhood education or a related field; or

    (ii) Developmental coursework required to meet prerequisites for a degree program in early childhood education or a related field.

(e)

  (1) Except as provided in paragraph (2) of this subsection, in accordance with regulations adopted by the Department, an award recipient shall repay the Office the funds received under this section if the recipient does not perform the service obligation required under subsection (b)(4) of this section.

  (2) The Office may waive or defer payment if the recipient provides to the Office satisfactory evidence of extenuating circumstances, including illness or disability, that prevent the recipient from fulfilling the service obligation required under subsection (b)(4) of this section.

#### Section 9.5-906

(a) The Office shall award a program that participates in the Maryland EXCELS Program a bonus:

  (1) On initial publication of a quality rating level 1, 2, 3, or 4;

  (2) On each publication of a higher quality rating level after the initial publication;

  (3) On initial publication of a quality rating level 5; and

  (4) Annually on renewal and republication of a quality rating level 5.

(b)

  (1) The Governor shall appropriate in fiscal year 2023 $5,000,000.

  (2) For each of fiscal years 2024 through 2028, funding for the program shall increase by 10% over the prior fiscal year.

#### Section 9.5-907

Priority in providing awards under this subtitle shall be given to child care providers or programs that published a quality rating level of 2 in the Maryland EXCELS Program on or before June 30, 2022.

#### Section 9.5-908

(a) The Department shall designate a primary contact employee for early child care in the Office.

(b) The Department's primary contact employee shall be appointed by the Director of the Office.

(c) The Department's primary contact employee shall:

  (1) Assist child care providers and individuals to understand the process for publishing in EXCELS and improving quality rating; and

  (2) Actively assist child care providers and individuals to apply for accreditation and funds provided by this subtitle.

### Subtitle 10. Patricia H. Kirwan Family Support Services

#### Section 9.5-1001

(a) In this section the following words have the meanings indicated.

(b) "Applicant" means a parent who has applied to receive services from a family support center in the network of community-based family support centers.

(c) "Center" means a family support center operated by a provider under a contract with the Intermediary.

(d) "Intermediary" means the Department or a designee of the Department that provides management for the operation of the State's network of community-based family support centers.

(e)

  (1) "Parent" means the biological or adoptive parent of a child.

  (2) "Parent" includes a legal guardian of a child.

(f) "Provider" means an agency or individual who contracts with the Intermediary to operate a center.

#### Section 9.5-1002

(a) A family support center shall be known as a "Patty Center".

(b) A family support center shall provide parents and their children with a hospitable and constructive environment and services that:

  (1) Improve parenting skills;

  (2) Develop the family as a functioning unit; and

  (3) Promote the growth and development of their children.

(c)

  (1)

    (i) For fiscal year 2021, the State shall provide funding for six additional centers.

    (ii) For each of fiscal years 2022 through 2029, the State shall provide funding for three additional centers per fiscal year.

  (2) The Governor shall appropriate in each of fiscal years 2021 through 2030 $330,000 for each additional center required under this subsection.

(d) The Department shall select the location for the centers funded under subsection (c) of this section.

(e)

  (1) A family support center may receive multiyear funding.

  (2) If a family support center receives multiyear funding, funding may be used for planning and development in the first year of funding for the family support center.

#### Section 9.5-1003

(a) A center shall provide services including:

  (1) Parental skills training, parent education classes, and other related activities;

  (2) Health care counseling;

  (3) Diagnostic and assessment services to identify a child's potential developmental disabilities;

  (4) Child care for parents while parents are participating in center-based services;

  (5) Peer support activities, including recreational and social activities;

  (6) Educational services such as GED and postsecondary credentials; and

  (7) Pre-employment counseling and skill development to assist the parent in securing and maintaining employment.

(b) A center shall provide services to a child and the child's parents, grandparents, and other family members to the extent possible.

(c) A center may provide other services if approved by the Intermediary.

#### Section 9.5-1004

(a) Before operating a center, the provider shall submit to the Intermediary a plan that describes the:

  (1) Services to be provided;

  (2) Manner in which the services are provided; and

  (3) Staff who will provide services at the center and training for other staff.

(b) The provider, in accordance with the plan:

  (1) Shall employ staff;

  (2) May recruit, train, and supervise volunteers; and

  (3) Shall operate the center during periods of time, including, if necessary, weekends and nights, to accommodate parents' needs.

(c) The plan shall describe the methods to be used to refer parents to other entities that provide services not available at the center.

### Subtitle 11. Outdoor Preschool License Pilot Program

#### Section 9.5-1101

(a) In this subtitle the following words have the meanings indicated.

(b) "Outdoor, nature-based early learning and child care program" means an early learning or child care program:

  (1) That is primarily operated outdoors; and

  (2) In which children are enrolled on a regular basis for 3 or more hours per day.

(c) "Pilot Program" means the Outdoor Preschool License Pilot Program.

#### Section 9.5-1102

(a)

  (1) There is an Outdoor Preschool License Pilot Program.

  (2) The Department shall administer the Pilot Program.

  (3) The Department shall convene an advisory group of outdoor, nature-based early learning practitioners to inform and support the implementation of the Pilot Program.

  (4) The advisory group shall include representatives from the Outdoor Preschool Licensing Advisory Team established by the Eastern Region Association of Forest and Nature Schools and other stakeholders with expertise in outdoor, nature-based early learning and child care.

(b) The purpose of the Pilot Program is to license outdoor, nature-based early learning and child care programs in order to:

  (1) Expand access to affordable, high-quality early learning and child care programs; and

  (2) Investigate the benefits of outdoor, nature-based classrooms.

#### Section 9.5-1103

(a)

  (1) On or before August 31, 2023, the Department shall begin to promulgate regulations necessary to comply with Sec. 9.5-1102(a) and (b) of this subtitle.

  (2) The Pilot Program shall begin on or before August 31, 2024, and shall continue for 4 school years.

  (3) Except as provided in paragraph (4) of this subsection, the Department shall select between 5 and 10 outdoor, nature-based early learning and child care programs to participate in the Pilot Program during the first year of the Pilot Program.

  (4) If the Department receives fewer than 5 applications that meet the rules and regulations for licensure and operation of outdoor, nature-based early learning and child care programs under subsection (c) of this section, the Department shall select for approval all applicants that qualify.

(b) When selecting and approving outdoor, nature-based early learning and child care programs to participate in the Pilot Program, the Department:

  (1) Shall give priority to:

    (i) Existing outdoor, nature-based early learning and child care programs that are licensed as camps by the Maryland Department of Health; and

    (ii) Existing licensed child care centers or registered family child care homes that participate in the Maryland EXCELS Program and are seeking to expand into nature-based early learning;

  (2) Shall, to the extent practicable, select a mix of rural, urban, and suburban programs; and

  (3) May give priority to:

    (i) Areas where there are few or limited licensed early child care programs; and

    (ii) Areas of need where licensed early child care programs are at or near full capacity, and where access may be restricted by enrollment waitlists.

(c)

  (1) The Department shall adopt rules and regulations for the licensure and operation of outdoor, nature-based early learning and child care programs.

  (2) The regulations shall include provisions for:

    (i) Bathroom use and diaper changing;

    (ii) Hand washing;

    (iii) Sheltering during inclement weather;

    (iv) Correct child-to-staff ratios for the outdoor setting;

    (v) The safe storage of and ready access to medication;

    (vi) Accommodations for children with disabilities;

    (vii) The safe storage and preparation of food;

    (viii) Establishing safe boundaries in unenclosed outdoor spaces and boundaries around hazards;

    (ix) Proper outdoor clothing for children;

    (x) Access to potable drinking water; and

    (xi) Appropriate sleeping areas for naps.

  (3) In adopting rules and regulations under this subsection, the Department may adapt existing child care licensing requirements to allow for the operation of the Pilot Program.

  (4) In adopting rules and regulations under this subsection, the Department shall consult with stakeholders that have expertise in providing outdoor, nature-based early learning and child care, including representatives from the Outdoor Preschool Licensing Advisory Team established by the Eastern Region Association of Forest and Nature Schools.

#### Section 9.5-1104

(a) On or before December 1 of 2025 and 2026, the Department shall submit interim reports to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the implementation of the Pilot Program, including:

  (1) The number of participating providers in the Pilot Program;

  (2) The number of children and families being served by the Pilot Program;

  (3) The number of participating providers who enrolled in the Maryland EXCELS Program;

  (4) The number of children in the Pilot Program who participated in the Child Care Scholarship Program; and

  (5) The number of children in the Pilot Program served by the Infant and Early Childhood Mental Health Support Services Program.

(b) On or before December 1, 2027, the Department shall submit a final report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the findings of the Pilot Program, including recommendations for continuing, modifying, or expanding the Pilot Program.

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Md. Code Ann., Educ. (as displayed at mgaleg.maryland.gov, October 16, 2026)