In this subtitle the following words have the meanings indicated.
“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.
“Direct Grant Fund” means the Family Child Care Provider Direct Grant Fund.
“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.
“Family child care home” means a residence in which family child care is provided for up to eight children.
“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.
“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.
“Unregistered family child care home” means a residence in which family child care is provided and in which the child care provider:
Has not obtained a certificate of registration from the Department;
Is not related by blood or marriage to each child in the provider’s care;
Is not a friend of each child’s parents or legal guardian and is providing care on a regular basis; and
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.
The Department shall implement a system of registration for family child care homes and large family child care homes.
The purpose of registration of family child care homes and large family child care homes is to:
Protect the health, safety, and welfare of children while they are in family child care;
Identify family child care homes and large family child care homes;
Provide basic technical assistance and child care information to child care providers; and
Minimize the regulatory rigidity often associated with licensing.
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.
The State Board shall adopt regulations that relate to the registration of family child care homes and large family child care homes.
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.
At a minimum, the regulations shall provide for:
Minimum standards of environmental health and safety, including provisions for:
Adequate and safe physical surroundings, including requirements for window coverings in accordance with § 5–505 of the Family Law Article;
The physical and mental health of child care providers; and
Investigation of any criminal record of a child care provider;
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;
An initial family child care registration that expires 2 years after its effective date;
A continuing family child care registration that:
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
Once issued, remains in effect until surrendered, suspended, revoked, or replaced by a conditional registration;
Reporting of any changed circumstances that relate to the requirements, by the child care provider, at the time the change occurs;
An orientation to be provided to prospective child care providers by the Department before initial registration;
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;
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;
Procedures to be followed by the Department in response to a complaint about a family child care home or large family child care home;
A requirement that each registered child care provider shall hold a current certificate indicating successful completion of approved:
Basic first aid training through the American Red Cross or through a program with equivalent standards; and
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;
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;
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 § 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
A requirement that the notice sent by the family child care home or large family child care home shall:
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;
Be in writing;
Identify the contaminants and their levels in the family child care home’s or large family child care home’s water supply; and
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
A requirement that a family child care home or large family child care home prohibit the administration of corporal punishment to discipline a child.
The State Board shall adopt regulations that:
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;
Require the plan under item (1) of this subsection to include:
A designated relocation site and evacuation route;
Procedures for notifying parents or other adults responsible for the child of the relocation;
Procedures to address the needs of individual children including children with special needs;
Procedures for the reassignment of staff duties during an emergency, as appropriate; and
Procedures for communicating with local emergency management officials or other appropriate State or local authorities; and
Require a family child care provider to train staff and ensure that staff are familiar with the plan.
This subtitle does not apply to a family child care home or large family child care home that:
Serves only dependent children of military personnel; and
Is located on a military base or federal property; or
Is certified as a family child care provider by a branch of the U.S. Department of Defense or the U.S. Coast Guard.
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.
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.
A family child care home is not required to be registered if the child care provider:
Is related to each child by blood or marriage;
Is a friend of each child’s parents or legal guardian and the care is provided on an occasional basis; or
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.
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.
An advertisement for a family child care home, large family child care home, or family child care service shall state:
That the family child care home or large family child care home is registered with the Department; and
The registration number issued to the family child care home or large family child care home by the Department.
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:
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;
The Department sends a warning letter to the child care provider; and
The child care provider:
Does not respond to the Department within 10 business days after the Department sends the warning letter; or
Responds to the Department in a manner that does not adequately address the charge in the warning letter.
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 § 6–316 of the Public Safety Article, the State Fire Prevention Code, or a local fire prevention code.
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.
For purposes of this subtitle, a child care provider’s own children under the age of 2 years shall be counted as children served.
In a family child care home:
There may not be more than:
8 children in care at any given time; and
4 children under the age of 2 years; and
There shall be an adult to child ratio of at least 1 adult to every 2 children under the age of 2 years.
In a large family child care home:
There may not be more than 12 children in care at any given time; and
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 § 9.5–303 of this subtitle.
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.
This section applies only to a family child care provider who is a member of a reserve component.
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.
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.
This section may not be construed to otherwise limit the authority of the Department to establish requirements for:
A family child care provider to designate a substitute to provide family child care in the family child care provider’s absence; and
The qualifications necessary to serve as a substitute.
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.
Revocation, appeal, or injunction under this subtitle shall be in accordance with Subtitle 1 of this title.
Subject to paragraph (1) of this subsection, the State Superintendent or the State Superintendent’s designee shall exercise the authority granted to the Department.
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.
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.
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.
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:
The Department has reasonably sought and been denied access to an unregistered family child care home for the purpose of making an inspection;
The requirements of subsection (b) of this section are met;
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
The Department has shown probable cause for the issuance of the warrant by specific evidence:
Of an existing violation of § 9.5–304 of this subtitle; and
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.
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.
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.
The inspection may not exceed the limits specified in the warrant.
The Department shall prepare and, as needed, update an informational pamphlet for parents of children in family child care.
The pamphlet shall contain:
An outline of family child care regulations;
A description of parental rights and responsibilities;
A description of complaint procedures; and
The address and telephone number of the local department.
The Department shall make the pamphlet available to child care providers for distribution to parents.
Upon receipt of the notification required under § 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 § 5–706(f) of the Family Law Article to be followed in investigating and otherwise responding to the report.
The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:
Representatives of the local department and law enforcement agency that are investigating the report under § 5–706 of the Family Law Article;
Representation from the office of the local State’s Attorney; and
Appropriate medical, including mental health, expertise.
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.
Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article.
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.
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.
A person who violates § 9.5–304(a) of this subtitle is guilty of a misdemeanor and on conviction is subject to:
A fine not exceeding $1,500 for the first violation; and
A fine not exceeding $2,500 for a second or subsequent violation.
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.
A person who violates § 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:
$250 for the first violation;
$500 for the second violation; and
$1,000 for the third and each subsequent violation.
Any money collected under this subsection shall be deposited into the General Fund of the State.
Any person served with a citation under this subsection may appeal the citation to the Office of Administrative Hearings in accordance with § 10–205 of the State Government Article.
Each day a violation occurs is a separate violation under this section.
The total amount of civil penalties imposed in an action under this section may not exceed $5,000.
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.
There is a Family Child Care Provider Direct Grant Fund administered by the Department.
To administer grants to family child care providers, the Department may contract with State agencies and nonprofit organizations.
The State Superintendent may delegate the authority to approve direct grants to any board that exists or may be created within the Department.
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.
The funds shall consist of:
Money specifically appropriated for the Direct Grant Fund; or
Any other money made available to the Direct Grant Fund.
The Direct Grant Fund shall be used to:
Pay all expenses and disbursements authorized by the Department for administering the Direct Grant Fund; and
Make grants to family child care providers.
In making grants under this subtitle, consideration shall be given to:
Geographic distribution;
Community need; and
Family income, with priority given to those families with the lowest income.
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.
The Department may make a grant to an applicant only if:
The applicant meets the qualifications required by this subtitle; and
The grant does not exceed $500.
An applicant may receive only one grant.
To apply for financial assistance, an applicant shall submit to the Department an application on the form that the Department requires.
The application shall include:
The identity and location of the family child care provider;
An itemization of known and estimated costs;
The total amount of funds required by the family child care provider to comply with State and local regulations;
The funds available to the applicant without financial assistance from the Department;
The amount of financial assistance sought from the Department;
A statement from the family child care provider on how the grant funds will be used;
Information that relates to the family income of the grant applicant; and
Any other relevant information that the Department requests.
Except as otherwise provided in this subtitle, the Department may set the terms and conditions for direct grants.
On an annual basis, the Department shall establish priorities for the types of child care to be provided by recipients of direct grants.
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.
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.
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.
The State Board shall promulgate such rules as are necessary to carry out the purposes of this subtitle.