In this subtitle the following words have the meanings indicated. “Child” means an individual under the age of 16 years. “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. “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. “Child care center” does not include: A nonpublic kindergarten in which an instructional program is offered or provided for children who are at least 5 years old; A nonpublic elementary school in which an instructional program is offered or provided for children who are in grades 1 through 8; 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 A family child care home or large family child care home that is required to be registered or is registered under this title. “Letter of compliance” means a letter issued by the Department to a religious organization that meets the requirements under § 9.5–404 of this subtitle.

The General Assembly finds that: A child is not capable of self–protection; and If care of a child is given over to another, mental and physical risks arise that need to be offset by reasonable protective measures. The General Assembly also finds that: There is a shortage of child care placements for children under the age of 2 years; and The rules and regulations adopted under this subtitle should provide for small child care centers that provide care in a homelike environment. 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: The child is cared for by an individual other than a relative or friend; and Children of more than one family are cared for together or, on different days, use the same facilities.

This subtitle does not supersede: Any right or power of the Maryland Department of Health or any local health officer; Any right or power of a county department of education; Any building code or zoning provision; Any right or power of the Administration within the Department of Human Services or any local department; or Any right or power of the Department of Human Services to regulate residential child care facilities. 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: Shall meet local fire, health, and zoning codes required of school buildings; and 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. This subtitle does not apply to a child care center that: Serves only dependent children of military personnel; and Is located on a military base or federal property; or Is certified as a child development program 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 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.

The State Board shall adopt rules and regulations for licensing and operating child care centers. These rules and regulations shall: Ensure safe and sanitary conditions in child care centers; Ensure proper care, protection, and supervision of children in child care centers; Ensure the health of children in child care centers by: Monitoring children for signs and symptoms of child abuse; Instructing licensees and staff concerning child abuse detection and reporting; Monitoring health practices to help prevent the spread of disease; Monitoring the care of infants and children with special needs; and Prohibiting the administration of corporal punishment to discipline a child; Promote the sound growth and development of children in child care centers; Promote proper nutrition and developmentally appropriate practices by: Establishing training and policies promoting breast–feeding; 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 Prohibiting beverages other than infant formula that contain added sweetener or caffeine; and Setting limits on screen time; Carry out otherwise the purposes and requirements of this subtitle, including imposition of intermediate sanctions to ensure compliance; 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; 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: 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 child care center; and 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; 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; 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 § 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 Require that the notice sent by the child care center shall: Be sent within 10 business days after receipt of the notice of contamination from the child care center’s water supplier; Be in writing; Identify the contaminants and their levels in the center’s water supply; and 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; 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; Require the plan under item (i) of this item 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 child care center to train staff and ensure that staff are familiar with the plan; Require a child care center to have window coverings in accordance with § 5–505 of the Family Law Article; and 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. 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: Is enrolled in approved pre–service training; Successfully completes the required 90 hours of the approved pre–service training within 6 months after being hired; and Holds an associate degree or a bachelor’s degree in: Early childhood education; Elementary education; Child development; Home economics; Nursing; Social work; Special education; or A related field approved by the Department; or Is enrolled in approved pre–service training; Has successfully completed at least 45 hours of the approved pre–service training at the time the child care center hires the individual; Successfully completes the remaining hours of the pre–service training within 6 months after being hired; and Holds an associate degree or a bachelor’s degree in a field other than a field listed under item (i)3 of this paragraph. 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.

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. This section does not apply to: 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 § 501(c)(3) of the Internal Revenue Code in a school building exclusively for children who are enrolled in that school; A nonpublic nursery school operated by a tax–exempt religious organization that has been issued a certificate of approval by the Department; A nonpublic nursery school operated by a tax–exempt religious organization that: Complies with the regulations adopted under this subtitle; and Has been issued a letter of compliance by the Department; or 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. 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: Shall meet local fire, health, and zoning codes required of school buildings; and 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. 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: Comply with all applicable State and local fire, building, and zoning laws; and 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. 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. An advertisement for a child care center shall state: That the child care center is licensed by the Department; and Except as provided in paragraph (3) of this subsection, the license number issued to the child care center by the Department. 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. 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: A person advertises a child care center that is not licensed under the provisions of this subtitle; The Department sends a warning letter to the person; and The person: 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 (4) 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.

An applicant for a license shall submit an application to the Department on the form that the State Superintendent requires. An application for a license shall contain: The name of the applicant; The proposed location of the child care center; The name of the individual to be in charge of the child care center; and Any other information that the Department requires.

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.

A license authorizes the licensee to operate a child care center while the license is effective. A license authorizes the licensee to operate a child care center that offers or provides child care regardless of the time of day. 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.

Each initial license and letter of compliance expires on the second anniversary of its effective date. 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. The Department shall inspect each child care center operating under a license or a letter of compliance: 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 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.

A license issued under this subtitle is not transferable.

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 § 9.5–408 of this subtitle if the applicant or proposed change does not meet the requirements of this subtitle. Subject to the hearing requirements of this section and § 9.5–415 of this subtitle, the State Superintendent may suspend or revoke a license or letter of compliance if the licensee: Violates a provision of this subtitle or any rule or regulation adopted under it; or Does not meet the current requirements for a new license or letter of compliance. 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. The hearing notice to be given to the individual shall be sent at least 10 days before the hearing. The individual may be represented at the hearing by counsel. 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. 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. Upon delivery of the emergency suspension notice, the licensee or letter holder shall cease immediately operation of the child care center. The licensee or letter holder may request a hearing before the State Superintendent. 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. Within 7 calendar days of the hearing a decision concerning the emergency suspension shall be made by the State Superintendent. 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. 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. 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.

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. 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 unlicensed child care center is located may issue an administrative search warrant on finding that: The Department has reasonably sought and been denied access to an unlicensed child care center 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 unlicensed child care center 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 §§ 9.5–405(a) and 9.5–416 of this subtitle; and 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. 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 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. The inspection may not exceed the limits specified in the warrant.

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.

Each employee, as defined in § 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. 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: 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 Has been identified as responsible for child abuse or neglect. 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.

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.

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

A person who violates § 9.5–405(a) or § 9.5–416(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 § 9.5–405(a) or (e) or § 9.5–416 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. 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.

On 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. 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.

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