Title 13A — Subtitle 14. Child and Family Day Care

Chapter 01. Family Day Care

Repealed

Chapter 02. Child Care Center Licensing

Repealed

Chapter 03. Administrative Hearings — Family Day Care Homes

Transferred to COMAR 13A.15.14

Chapter 04. Administrative Hearings—Child Care Centers

Transferred to COMAR 13A.16.18 and COMAR 13A.17.16

Chapter 05. Letters of Compliance

Repealed

Chapter 06. Child Care Subsidy Program

Regulation .01 Purpose.Link Copy Citation

The purpose of the Child Care Subsidy Program is to provide financial assistance with child care costs to families that meet applicable State or federal eligibility requirements.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Absence” means the failure of a child to attend or appear at the child care program.

(2)

“Administrative disqualification hearing” means a hearing held by an administrative law judge of the Office of Administrative Hearings to determine if an intentional program violation (IPV) has occurred for which disqualification is a sanction.

(3)

“Administrative law judge” means an administrative law judge of the Office of Administrative Hearings.

(4)

“Adult” means an individual who is 18 years old or older.

(5)

“Adverse action” means the denial, termination, suspension, or reduction of:

(a)

Services to a customer; or

(b)

Payment to a provider.

(6)

“Appellant” means a customer, recipient, or other individual who is:

(a)

Authorized by regulation to request an appeal under this chapter; or

(b)

The subject of an intentional program violation proceeding.

(7)

“Approved activity” means a pursuit in which a customer is participating that is approved by the CCS Program for a TCA family, or by an individual who is:

(a)

Enrolled in public school;

(b)

Enrolled in training;

(c)

Engaged in volunteer work;

(d)

Participating in a job search activity;

(e)

Working; or

(f)

Performing community service.

(8)

“Babysitting” means care that is provided in the babysitter's home for unrelated children for less than 20 hours a month, for which State law exempts the babysitter from being licensed.

(9)

“Birth certificate” means an official record, issued by an authorized governmental unit, of an individual’s full name, gender, parentage, and date, place, and time of birth.

(10)

“Case management” means the process of determining or redetermining eligibility for customers, including collecting verifications.

(11)

“Child” means an individual who is younger than 13 years old who is not disabled, or an individual younger than 19 years old who is disabled.

(12)

“Child care” means care in a setting that is approved, licensed, or license-exempt under Maryland law by an individual other than the parent, stepparent, guardian, or caretaker for less than a 24-hour day and for which compensation is paid.

(13)

“Child care center” means a facility providing child care that is:

(a)

Licensed pursuant to COMAR 13A.16;

(b)

Operated under a letter of compliance issued pursuant to COMAR 13A.17;

(c)

Licensed by any branch of the military under applicable military child care regulations;

(d)

Operated by a public school; or

(e)

Licensed by the Maryland Department of Health as a youth camp as defined by Health-General Article, §14-401, Annotated Code of Maryland.

(14)

“Child Care Subsidy (CCS) Program” means the system of providing financial assistance for child care to an eligible family, under which the contractor pays to the provider all or part of the payment on behalf of the family.

(15)

“Child Care Subsidy (CCS) Branch” means the unit within the Division that regulates and administers Maryland's CCS voucher system for eligible families.

(16)

“Child with a disability” means a child who has been diagnosed as being physically or mentally incapable of self-care appropriate to the age of the child, as verified by the State, based on a determination by a physician, a licensed or certified psychologist, or a licensed social worker.

(17)

“Contractor” means the entity designated by the Division to:

(a)

Take applications for CCS Program services;

(b)

Issue child care subsidy vouchers to eligible customers;

(c)

Process payments to child care providers and handle tasks related to provider payment processing; and

(d)

Handle all aspects of case management, including hearings and appeals, consumer education, and overpayments.

(18)

“Copayment” means that portion of the financial cost of child care services assigned by the contractor to a family and paid on a unit basis by the family to the provider.

(19)

“Customer” means an individual or family that:

(a)

Applies for initial or continuing CCS Program services; or

(b)

Currently receives CCS Program services.

(20)

“Division” means the Division of Early Childhood Development, which is housed within the Maryland State Department of Education.

(21)

“Enrollment status” means the attendance schedule, either full-time or part-time, of the child receiving CCS services.

(22)

Family.

(a)

“Family” means the family unit consisting of:

(i)

One or more adults and children, related by blood, marriage, adoption, or legal guardianship, and residing in the same household; or

(ii)

Adults with physical custody of a child, related or unrelated, who are residing in the same household.

(b)

“Family” includes unrelated adults with children in common who reside together, whether either has other children residing in the household.

(c)

“Family” does not include:

(i)

Unrelated adults with no children in common residing together; or

(ii)

Related adults, other than spouses, residing together.

(23)

Family Child Care Home.

(a)

“Family child care home” means a residence, other than the home of the child for whom CCS is requested, in which family child care is provided.

(b)

“Family child care home” includes a:

(i)

Family child care home registered to operate pursuant to COMAR 13A.15 or applicable military child care regulations; or

(ii)

Large family child care home registered to operate pursuant to COMAR 13A.18.

(24)

“Family Investment Program (FIP)” means an assistance program of the Maryland Department of Human Services for families with children encompassing services, work experience, or temporary cash assistance (TCA).

(25)

“Family Investment Program (FIP) participant” means an individual who is enrolled in TCA.

(26)

“Family size” means the number of individuals residing in the same household as a family as defined in §B(21) of this regulation.

(27)

“Good cause” means circumstances in which the customer’s cooperation with the child support requirement may not be in the best interest of the child.

(28)

Gross Income.

(a)

“Gross income” means the sum of earnings, prior to adjustments such as, but not limited to, pretax benefits and rental property depreciation, that are received by an individual for compensation of services rendered on a regular or recurrent basis.

(b)

“Gross income” includes, but is not limited to:

(i)

Wages, salary, and, as specified at Regulation .03F(8)(a) of this chapter, income from self-employment;

(ii)

Commissions, tips, and bonuses;

(iii)

Dividends and interest;

(iv)

Social Security benefits, including disability and survivors benefits;

(v)

Pensions and annuities;

(vi)

Estate income;

(vii)

Military entitlements, bonuses, and allowances;

(viii)

Rental income;

(ix)

Unemployment and Workers' Compensation; and

(x)

Alimony and child support.

(c)

“Gross income” does not include:

(i)

Temporary Cash Assistance payments;

(ii)

Supplemental Security Income payments;

(iii)

$5,000 of a family's annual gross income per child for an adult with physical custody of a child as defined at §B(40) of this regulation;

(iv)

$5,000 of a family's annual gross income per child when the minor parent attends public school full-time;

(v)

Money received from sales of property, such as stocks, bonds, a house, or a car, unless the individual was engaged in the business of selling the property, in which case the net proceeds would be counted as income from self-employment;

(vi)

Withdrawals of bank deposits;

(vii)

Money borrowed;

(viii)

Tax refunds;

(ix)

Gifts;

(x)

Lump sum inheritances or insurance payments;

(xi)

Subsidized adoption, subsidized guardianship, and foster care payments;

(xii)

Value of food stamps or supplemental assistance under the Child Nutrition Act of 1966 and the special food service program for children under the National School Lunch Act as amended;

(xiii)

Earnings of a child younger than 15 years old or a child younger than 18 years old who is attending a public school;

(xiv)

Loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs;

(xv)

A grant or loan to an undergraduate student for educational purposes made or insured under a program administered by the Commissioner of Education under the Higher Education Act;

(xvi)

Any stipends, compensation, or expenses received for volunteer service from programs existing or pending under the Domestic Volunteer Service Act of 1973 sponsored by ACTION;

(xvii)

Any payment received under the Community Service Trust Act of 1973;

(xviii)

Earnings received by a youth in a program under the Workforce Investment Act;

(xix)

Energy grants and allowances received from P.L. 96-126 through the Maryland Energy Assistance Program;

(xx)

Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

(xxi)

Child support payments made by a noncustodial parent for a child not residing in the customer’s household;

(xxii)

$2,500 of child support state and federal tax intercepts and arrearage payments;

(xxiii)

Veterans Administration payments to children with birth defects born to female Vietnam veterans;

(xxiv)

Educational assistance income used for an educational activity that is approved by the Maryland Higher Education Commission or is part of the FIP Independence Plan;

(xxv)

Payments made to correct underpayments to recipients; and

(xxvi)

Census earnings made by temporary census workers.

(29)

“Identified as responsible for child abuse or neglect” means being determined by a local department of social services to be responsible for indicated child abuse or neglect, under circumstances specified in the Family Law Article, §5-714, Annotated Code of Maryland, or awaiting the local department’s appeal hearing after the determination.

(30)

“Infant” means a child younger than 24 months old.

(31)

“Informal child care” means child care that:

(a)

Does not require the child care provider to be licensed or regulated under Maryland law; and

(b)

Is limited to:

(i)

Relative care;

(ii)

In-home care; and

(iii)

Babysitting.

(32)

“In-home care” means care:

(a)

Provided to the customer's children in the customer's home by a nonrelative; and

(b)

Exempt from licensing if all children being cared for live in the residence in which care is provided.

(33)

“Intentional program violation” means an intentional false or misleading statement or misrepresentation, concealment, or withholding of facts for the purposes of establishing or maintaining the customer’s, recipient’s, or provider's eligibility for CCS payments or for increasing or preventing a reduction of the amount of assistance.

(33-1)

“Intimate partner” means a person eligible to seek relief from domestic violence as specified in Family Law Article, §4-501(m)(1), (2), (6), or (7), Annotated Code of Maryland.

(34)

“Local jurisdiction” means:

(a)

One of Maryland’s 23 counties; or

(b)

Baltimore City.

(35)

“Maryland EXCELS” means the State’s tiered quality rating and improvement system for early care and education programs.

(36)

“MSDE” means the Maryland State Department of Education.

(37)

“Non-traditional hours” means:

(a)

One hour or more between 7:00 p.m. and 6:00 a.m., Monday through Friday; or

(b)

Any period of one hour or more on a Saturday or a Sunday.

(38)

“Office of Administrative Hearings (OAH)” means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §9-1601 et seq., Annotated Code of Maryland.

(39)

“Overpayment” means the amount of payment received by a recipient or service provider to which the recipient or service provider was not entitled as determined by applicable CCS regulations.

(40)

“Parent” means the biological or adoptive parent or the legal guardian or custodian of a child, who applies for the child to receive CCS Program services.

(41)

“Physical custody of a child” means custody of a minor child by an adult other than the child’s parent in whose household the child resides, as evidenced by:

(a)

A court order;

(b)

Written authorization from a parent, if the parent is not residing in the same household; or

(c)

Other documentation acceptable to the contractor.

(42)

“Program freeze” means that the list of available providers has been exhausted or there are insufficient funds to provide a child care subsidy to all eligible families.

(43)

“Provider” means:

(a)

A family child care home;

(b)

A child care center; or

(c)

An individual approved by the CCS Branch to provide informal child care.

(44)

“Public assistance” means Supplemental Security Income (SSI) received pursuant to Title XVI of the Social Security Act or cash benefits received through any program administered by the Family Investment Administration or successor administration.

(45)

“Qualified alien” means a citizen of a foreign country who does not hold dual U.S. citizenship, is not a naturalized U.S. citizen, and:

(a)

Has been lawfully admitted for permanent residence in the U.S.;

(b)

Has been granted asylum in the U.S.;

(c)

Is a refugee in the U.S.;

(d)

Has been granted conditional entry into the U.S.;

(e)

Has been temporarily paroled into the U.S. for limited reasons;

(f)

Is under a suspended deportation order from the U.S.; or

(g)

Has been battered or subjected to extreme cruelty by a parent or family member in the U.S. and who has:

(i)

Been approved, or has petitioned, for status as a child of a U.S. citizen;

(ii)

Been classified as the child of a lawfully admitted alien; or

(iii)

Had a deportation order suspended with an adjustment of status.

(46)

“Reasonable accommodation” means a modification made by a child care service provider, at no additional cost to the parent, in order to meet the physical, social, mental, and emotional needs of a child with a disability in accordance with Title III of the Americans with Disabilities Act.

(47)

“Recipient” means an individual who receives or has received assistance or that individual's authorized representative.

(48)

“Relative care” means care that:

(a)

Is provided in the relative's or customer's home by a relative;

(b)

Is exempt from licensing under Family Law Article, §§5-550—5-557, Annotated Code of Maryland; and

(c)

Excludes as eligible for payment the parents, stepparents, legal guardians, or members of the TCA or CCS assistance unit.

(49)

“Resident” means an individual who lives in Maryland and has no intention of leaving during the time in which CCS is to be provided.

(50)

“Self-employment” means generating one's income directly from customers, clients, or other organizations as opposed to being an employee of a business or another individual.

(51)

“Service period” means the 2-week period for which child care providers can provide service and receive payment.

(52)

“Subsidy” means that portion of the financial cost of child care services paid in authorized unit rates by the contractor to providers.

(53)

“Successfully passed” means, when used in connection with:

(a)

A criminal background check, that an individual:

(i)

Has not received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime listed at Regulation .06D(6)(b)(i)—(xi) of this chapter; or

(ii)

If having received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime not listed at Regulation .06D(6)(b)(i)—(xi) of this chapter, has been assessed by the contractor as suitable to serve as an informal child care provider; or

(b)

A review of records of abuse and neglect of children or adults, that an individual has been assessed by the contractor as being suitable to serve as an informal child care provider.

(54)

“Temporary Cash Assistance (TCA)” means a form of cash assistance provided to families who are technically and financially eligible.

(55)

“Tiered reimbursement” means weekly payments that:

(a)

Exceed the payment rates specified in Regulation .11B—D of this chapter;

(b)

Are paid to a child care center or a family child care provider that is participating in Maryland EXCELS at certain quality rating levels; and

(c)

Vary based on the payment rate for the age of the child and the type of child care.

(56)

Training.

(a)

“Training” means any type of instructional program, except for post-college graduate programs, that is approved by the Division.

(b)

“Training” includes an accredited undergraduate college, an accredited vocational program, or a publicly funded training program.

(57)

“Transitioning off of public assistance” means the immediate 12-month period following the loss of a customer's eligibility for FIP assistance.

(58)

“Underpayment” means a payment received by a provider that is less than the allowable amount owed the provider as determined by this chapter.

(59)

“Unit” means the length of time per day a child is in child care, as follows:

(a)

“One unit” means 3 hours or less per day;

(b)

“Two units” means more than 3 hours per day, but less than 6 hours per day; or

(c)

“Three units” means 6 hours or more per day.

(60)

“Voluntary closure” means the period of time a child care provider is closed that:

(a)

Includes not more than 2 consecutive weeks annually; and

(b)

For child care centers and family child care homes, excludes:

(i)

Christmas Day;

(ii)

New Year's Day;

(iii)

Memorial Day;

(iv)

Independence Day;

(v)

Labor Day; and

(vi)

Thanksgiving Day.

(61)

“Voucher” means a certificate given to a customer by the contractor for use in purchasing child care from a provider.

(62)

“Waiver” means the document signed by an individual intentionally relinquishing the right to an administrative disqualification hearing.

Regulation .03 Eligibility.Link Copy Citation

To be eligible for the CCS Program, a customer shall:

(1)

Be a resident of the State of Maryland;

(2)

Meet the need requirement set forth at §E of this regulation; and

(3)

Meet the income requirement set forth at §F of this regulation of this chapter.

Citizenship Status. To receive CCS Program services, a child shall be a:

(1)

United States (U.S.) citizen; or

(2)

Qualified alien, as defined in Regulation .02B(44) of this chapter.

Proof of Identity.

(1)

At the time of initial application for CCS Program services, a customer shall submit to the contractor acceptable proof of identity for each family member;

(2)

Acceptable proof of identity is limited to:

(a)

A valid U.S. passport;

(b)

A birth certificate;

(c)

Documentation of birth abroad issued by the U.S. Department of State;

(d)

Documentation issued by an agency of the U.S. government that certifies the applicant as:

(i)

A naturalized U.S. citizen;

(ii)

A permanent resident alien;

(iii)

The holder of a current non-immigrant work visa;

(e)

A valid, unexpired foreign passport with a current U.S. visa affixed and accompanied by documentation of the applicant's most recent entry into the U.S.;

(f)

Any other document designated by an agency of the U.S. government, and established by notice in the Federal Register, as acceptable for certifying proof of identity;

(g)

A valid driver’s license, issued by Maryland or by another state; or

(h)

A Maryland State Motor Vehicle Administration photo identification card.

(3)

Services shall be denied for a child for whom care is requested if acceptable proof of identity for that child is not provided.

(4)

Proof of identity shall be maintained by the contractor in the customer’s CCS Program case record.

Child Immunizations.

(1)

Before a child may begin receiving CCS Program services, the:

(a)

Child shall have had immunizations appropriate for the child's age that meet the immunization guidelines set by the Maryland Department of Health (MDH); and

(b)

Child’s immunization status shall have been documented on an immunization certificate form provided by MDH.

(2)

Exemption from Immunization.

(a)

Section §D(1) of this regulation does not apply if a child's:

(i)

Documented medical condition contraindicates immunization; or

(ii)

Parent objects to the immunization on religious grounds.

(b)

If the child’s parent objects to a child's immunization or medical examination, or both, on religious grounds, the contractor shall require the parent to:

(i)

Provide a written health history of the child; and

(ii)

Sign a statement indicating that to the best of the person’s knowledge and belief, the child is in satisfactory health and free from any communicable disease.

(3)

The immunization requirement is met when the customer submits to the contractor a written declaration, on a form supplied or approved by the CCS Branch, affirming that the child attends a:

(a)

Registered family child care home, licensed child care center, letter of compliance facility, or large family child care home where the child’s immunization records are maintained in accordance with applicable COMAR requirements; or

(b)

Full-day program at a public or nonpublic school where the child’s immunization records are maintained.

Need. The need requirement is met:

(1)

When the child's parent, caretaker, or legal guardian is not available or capable to care for the child, no other acceptable child care plan can be arranged, and one or more of the priority situations exist according to Regulation .08A of this chapter;

(2)

By a customer who meets the requirements specified in Regulation .08A(1) of this chapter:

(a)

During approved activity periods;

(b)

Before beginning an approved activity for a period not to exceed 1 month;

(c)

During gaps in approved activities for a period not to exceed 1 month; or

(d)

As necessary to accept employment or to remain employed and if the child care would otherwise be lost; or

(3)

By a customer who meets the requirements specified in Regulation .08A(2) and (3) of this chapter:

(a)

While employed; and

(b)

During gaps in employment for a period not to exceed 1 month and if the child care would otherwise be lost, to:

(i)

Seek employment;

(ii)

Accept employment; or

(iii)

Remain employed.

Income.

(1)

An applicant shall meet the income eligibility requirements set forth at §H of this chapter, except for the following who are exempt:

(a)

TCA customers; or

(b)

Recipients of SSI.

(2)

Except when TCA is received only for a child, the income requirement is met by a family that:

(a)

Receives TCA; and

(b)

Has an annual gross income not exceeding the maximum income for family size as specified in the income eligibility scale set forth at §H of this regulation.

(3)

For purposes of determining parental copayments and subsidy amounts, a family's annual or annualized gross income, as defined at Regulation .02B(30) of this chapter, shall be used.

(4)

Annualization of gross income shall be performed by multiplying:

(a)

Weekly income by 52;

(b)

Bi-weekly income by 26;

(c)

Twice monthly income by 24;

(d)

Monthly income by 12; or

(e)

Quarterly gross income by 4.

(5)

A customer applying for CCS Program services shall provide acceptable documentation to the contractor of all current income, whether derived from employment or another source, that is received on a regular or a recurring basis by:

(a)

The customer; and

(b)

Each family member.

(6)

Acceptable documentation of employment earnings received, including cash earnings, is limited to:

(a)

The most recent 4 weeks of pay stubs indicating gross income from each employer, if the stubs indicate the individual’s pay frequency or schedule;

(b)

A statement from each employer, signed and dated by the employer or bearing the employer’s official business stamp, that indicates the:

(i)

Employer’s name, address, and telephone number;

(ii)

Employer’s type of business;

(iii)

Gross earnings for the most recent pay period;

(iv)

Pay frequency or schedule; and

(v)

If available, total gross earnings to date;

(c)

The individual’s most recent federal income tax return, if filed within the past 12 months;

(d)

Payment receipts for services rendered, where the type of employment, such as but not limited to restaurant waitress, beautician, or taxicab driver, may not generate an earnings statement or a pay stub; or

(e)

If none of the types of documentation listed at §F(6) of this regulation is able to be produced, a signed and dated statement from the customer attesting to current gross earnings, the frequency or schedule of those earnings, and the type of employment.

(7)

The customer shall submit to the contractor the applicable income documentation described at §F(6) of this regulation:

(a)

Within 30 calendar days of applying for CCS Program services; and

(b)

After approval for CCS Program services, at least annually for the duration of those services.

(8)

Special Income Calculation.

(a)

Self-Employment.

(i)

For income eligibility determination purposes, a flat 30% is subtracted from the annual gross taxable self-employment income amount for business-related expenses.

(ii)

A salary drawn by the customer from a business owned wholly or in part by the customer shall not be applied toward calculation of the customer’s gross income.

(b)

Military Service Pay.

(i)

Paid rental and mortgage fees shall be deducted from the allowance and only the excess amount shall be counted as gross income.

(ii)

If a military spouse is absent from the home solely due to military deployment, the spouse’s gross income shall be counted as a part of the family gross income.

(c)

Child Support.

(i)

The customer’s three most recent consecutive months of support payments shall be counted as gross income.

(ii)

If a customer has received child support for less than three months, an average of the payments received to date will be used to determine gross income.

(iii)

Payments that are made directly to a vendor on a regular basis on behalf of the customer shall be counted as gross income.

(iv)

If in-kind support is received, the customer shall apply a fair market value to the item or service and count that value as gross income.

To maintain eligibility for CCS Program services, a family or individual shall report to the local department within 10 days of its occurrence any change in:

(1)

Income;

(2)

Employment;

(3)

Family composition;

(4)

Marital status;

(5)

Address; and

(6)

Needed hours or days for child care services.

Income Eligibility Scale.

Regulation .04 Pursuit of Child Support Obligations.Link Copy Citation

A customer who has the care of a child eligible for child support services pursuant to COMAR 07.07.02.02B(4) shall pursue the establishment and enforcement of support obligations on behalf of the child as required by the contractor.

If the customer is pursuing or receiving regular child support payments for the child, the customer shall furnish documentation verifying this action to the contractor at the time of application for child care services.

Local Child Support Enforcement (CSE) Agency.

(1)

If the customer is not pursuing or receiving regular child support payments for the child and cannot claim good cause for refusing to pursue child support pursuant to §E of this regulation, the contractor shall refer the applicant to the local CSE agency.

(2)

The local CSE agency shall provide documentation of the:

(a)

Application for CSE services to the customer; and

(b)

Closing of the case by CSE to the CCS unit.

(3)

The customer shall submit documentation of CSE services for each child for whom care is requested to the contractor within 60 days of applying for child care services.

(4)

A customer who fails to comply with §C(3) of this regulation is not eligible for CCS services.

Unless excused for good cause, the customer shall cooperate with the local CSE agency in:

(1)

Identifying and locating the child's absent parent;

(2)

Establishing the child's paternity if the child is born out of wedlock; and

(3)

Obtaining support payments.

Refusal to Cooperate.

(1)

Good cause circumstances are those when:

(a)

Cooperation may result in serious physical or emotional harm to the child for whom the support is sought;

(b)

Cooperation may result in serious physical or emotional harm to the customer with whom the child is living, which may reduce the capacity of the customer to care adequately for the child;

(c)

The child for whom support is sought was conceived as a result of incest or rape;

(d)

Legal proceedings for the child's adoption are pending before a court of competent jurisdiction; or

(e)

The customer is being assisted by a public or licensed private social agency to resolve the issue of keeping or relinquishing the child for adoption, and the discussions have not extended beyond 3 months.

(2)

When the contractor refers the customer to the local CSE agency, the contractor shall inform the customer in writing of the customer’s right to claim good cause for refusing to cooperate with the local CSE agency.

Determination of Good Cause.

(1)

The contractor is responsible for determining the existence of good cause.

(2)

The customer shall provide the contractor with:

(a)

Verified or verifiable evidence that specifies and corroborates circumstances that the customer believes is sufficient good cause for not cooperating; and

(b)

Sufficient information to permit an investigation.

(3)

The customer shall supply corroborative evidence within 30 days of making the claim for good cause.

(4)

The contractor shall determine good cause based on:

(a)

A review of the evidence submitted by the customer; and

(b)

The findings of any investigation of the claim that the contractor chooses to make.

(5)

The contractor may determine good cause without further investigation if the following acceptable documentation indicates that harm may result:

(a)

A birth certificate or medical or law enforcement record indicating that the child was conceived as a result of incest or rape;

(b)

A court document or other record indicating that legal proceedings for adoption are pending before a court of competent jurisdiction;

(c)

A court, medical, criminal, child protective services, psychological, social services, or law enforcement record indicating that the putative father or absent parent might inflict physical or emotional harm on the child or the customer;

(d)

A medical record indicating the emotional health history and the present emotional health status of the child or the customer;

(e)

A written statement from a mental health professional indicating a diagnosis or prognosis of the emotional health of the child or the customer;

(f)

A written statement from a public or licensed private social agency that the customer is being assisted by the agency to resolve the issue of keeping or relinquishing the child for adoption and the discussions have not extended beyond 3 months; or

(g)

Sworn statements from individuals other than the customer with knowledge of the circumstances that provide the basis for a good cause claim.

(6)

The contractor shall inform the customer in writing of the final determination.

(7)

Upon making a final determination, and if the customer is receiving services from the CSE agency, the contractor shall promptly inform the local CSE agency whether or not there is good cause for refusal to cooperate.

(8)

The contractor shall deny CCS services to the customer if a claim of good cause cannot be substantiated as required in this section.

(9)

The contractor may not deny, delay, or terminate child care subsidy services pending determination of good cause if the customer has met the requirements of §F(2) of this regulation.

Review of Determination of Good Cause.

(1)

The contractor shall review, at a minimum during redetermination of eligibility, all cases in which a finding of good cause was made based on a circumstance that is subject to change.

(2)

If the contractor determines that the circumstance providing the basis for determination of good cause no longer exists, the contractor shall require the customer to pursue the establishment and enforcement of child support obligations.

A customer transitioning off of TCA who does not have a child support order or who is not receiving child support shall cooperate with the contractor and the local CSE agency to continue, establish, or re-establish child support services.

A customer who has the care of a child eligible for child support services and refuses to cooperate with the local CSE agency and the contractor on behalf of the child is ineligible for CCS services unless:

(1)

The customer claims good cause for the refusal; and

(2)

Documentation supporting good cause for the refusal is under review, or is determined to exist.

Regulation .05 Application Process.Link Copy Citation

A customer shall apply to the contractor for CCS Program services.

In order to be approved to receive CCS Program services, a customer shall submit a complete application to the contractor by fax or mail, which shall consist of:

(1)

A completed, signed, and dated CCS Program services application form approved by the Division;

(2)

Verification of employment earnings;

(3)

If applicable, verification of training or school attendance with days and hours of the activity; and

(4)

If applicable, verification of child support payments or an application to agree to pursue child support.

The contractor shall decide to accept or deny the application within:

(1)

30 calendar days from the date of receipt of the signed application, if all verifications are received by the 25th day following application; or

(2)

35 calendar days from the date of receipt of the signed application, if all verifications are:

(a)

Received between the 25th and 30th days following application; or

(b)

Not received by the contractor.

The customer is eligible from the date a signed application is received if the contractor determines that the customer is eligible for services.

Program Freeze.

(1)

The contractor shall inform a customer that a program freeze exists and that a child care placement cannot be made immediately when the:

(a)

List of available providers has been exhausted and a provider cannot be located who is either acceptable to the parent or appropriate to the child; or

(b)

Funds are not available to provide the service.

(2)

The contractor shall maintain a list of all eligible customers by date of application and in accordance with the service priorities established under Regulation .08A of this chapter.

Denial. The contractor shall deny the application if the customer:

(1)

Fails to meet all applicable eligibility requirements set forth at Regulation .03 of this chapter;

(2)

Was terminated from CCS Program services for failure to pay the required copayment or inability to provide proof of payment;

(3)

Fails to provide the required documentation within 30 days of initiating an application;

(4)

Is disqualified for CCS payment pursuant to Regulation .14M of this chapter and the disqualification period has not ended; or

(5)

Fails to provide acceptable proof of identity for a child for whom CCS Program services are requested.

Notice. The contractor shall send a written denial notice to the customer that includes:

(1)

The decision;

(2)

The basis for the decision;

(3)

The regulation supporting the decision; and

(4)

An explanation of the customer’s hearing and appeal rights.

Regulation .06 Provider Requirements.Link Copy Citation

Subsidized child care services may be provided only by:

(1)

A family child care home;

(2)

A child care center; or

(3)

An individual approved by the CCS Branch to provide informal child care.

Maryland EXCELS Participation.

(1)

Effective June 29, 2015, the operator of a child care center or a family child care home may not receive CCS Program reimbursement for child care services provided on or after that date unless the operator has applied on or before that date to participate in Maryland EXCELS.

(2)

Within 12 months of acceptance into Maryland EXCELS, the operator of a child care center or a family child care home shall request Maryland EXCELS to publish the program’s quality rating in order to remain eligible for continued CCS Program reimbursement.

(3)

An informal child care provider is not eligible to participate in the Maryland EXCELS program.

Tiered Reimbursement.

(1)

Eligibility for tiered reimbursement payments is limited to a child care center or a family child care home that has a published Maryland EXCELS quality rating level of 3, 4, or 5.

(2)

An informal child care provider is not eligible for tiered reimbursement payments.

(3)

An eligible provider shall be paid a tiered reimbursement amount for each CCS Program child in care that is:

(a)

In addition to the child’s subsidy payment; and

(b)

Reflective of the applicable percentage specified at §C(4) of this regulation.

(4)

A tiered reimbursement payment amount is determined by multiplying the child’s subsidy amount by the applicable percentage specified for the provider’s Maryland EXCELS level:

(5)

A provider’s tiered reimbursement payments become effective for the first service period following the provider’s publication at Maryland EXCELS at quality level rating 3, 4, or 5.

Informal Child Care.

(1)

The customer may choose to use an approved informal child care provider.

(2)

The contractor shall provide payment for the following informal child care arrangements:

(a)

Relative care;

(b)

In-home care; and

(c)

Babysitting.

(3)

In addition to submitting a CCS Program services application, the customer shall submit to the contractor a signed statement, on a form provided by the contractor, that specifies:

(a)

Where the informal care is to be provided;

(b)

The relationship of the child to the informal child care provider; and

(c)

The names and ages of each child who will receive informal child care.

(4)

Unless approved as an informal child care provider before April 1, 2015, each individual who provides informal child care shall be a Maryland resident.

(5)

An informal child care provider and each individual 18 years old or older who is a resident in the home shall apply for a fingerprint-supported State and federal criminal background check.

(6)

Criminal Background Check Review.

(a)

An individual who wishes to serve as an informal child care provider and each individual 18 years old or older who is a resident in the home shall apply for a fingerprint-supported State and federal criminal background check.

(b)

The CCS Branch may not approve an individual to serve as an informal child care provider if the individual or a resident in the home who is 18 years old or older has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:

(i)

A crime involving a child, cruelty to animals, domestic violence of an intimate partner or spouse, or a weapons or firearms violation of federal or State law;

(ii)

A sex offense;

(iii)

A violent crime classified as a felony;

(iv)

Abduction or kidnapping;

(v)

Abuse of a child or an adult;

(vi)

Confinement of an unattended child;

(vii)

Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;

(viii)

Perjury;

(ix)

Pornography;

(x)

Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the preceding 5 years; or

(xi)

Reckless endangerment.

(7)

Child Abuse and Neglect Record Review.

(a)

The contractor shall conduct a child abuse and neglect record review for each individual who:

(i)

Applies to serve as an informal provider; or

(ii)

Resides in the informal care home and is 18 years old or older.

(b)

At least once every 2 years that an informal provider continues to provide care, the contractor shall conduct a new child abuse and neglect record review for:

(i)

The provider; and

(ii)

Each resident of the home who is 18 years old or older;

(c)

The individual applying to serve, or serving, as an informal provider shall submit to the contractor a signed, dated, and notarized consent form that authorizes the CCS Branch to conduct a review of child abuse and neglect records for information about:

(i)

The individual; and

(ii)

Each resident in the informal child care home who is 18 years old or older.

(d)

If a child abuse and neglect record review finds that the subject of the review may have been responsible for abuse or neglect, the contractor shall make a request to the local department of social services for the details of the finding.

(8)

Informal Care Home Child Capacity.

(a)

Unless approved otherwise by the CCS Branch, an informal child care home may not contain more than:

(i)

Six children present in care at the same time; or

(ii)

Two children younger than 2 years old in care at the same time.

(b)

In determining the maximum child care capacity of an informal care home, the contractor shall count a resident in the home who is younger than 6 years old as a child in care.

(9)

An individual is approved to serve as an informal child care provider as of the date on which the contractor is in possession of documentation showing that the individual and each resident in the home who is 18 years old or older has successfully passed a:

(a)

Criminal background check; and

(b)

Review of records of abuse and neglect of children or adults.

(10)

Payment to an approved informal provider is effective on the date that the individual is approved to serve as an informal child care provider.

(11)

The contractor may not approve payment:

(a)

If an informal child care provider or a resident in the home who is 18 years old or older has not successfully passed a:

(i)

Criminal background check; or

(ii)

Review of records of abuse and neglect of children or adults; or

(b)

For any day on which the provider is determined to be out of compliance with the child capacity requirements set forth at §D(8) of this regulation.

(12)

Disapproval of payment to an informal provider pursuant to §D(11)(a) of this regulation shall be effective as of the day on which the contractor receives information that the provider or a resident in the home who is 18 years old or older has not successfully passed a criminal history background check or a review of records of abuse and neglect of children or adults.

(13)

If payment is disapproved, the contractor shall provide written notification of that disapproval to the:

(a)

Provider; and

(b)

Parent of each child in care.

(14)

An individual providing, or applying to provide, informal child care services does not have hearing and appeal rights under the CCS Program except in the case of an intentional program violation.

Regulation .07 Child Care Vouchers.Link Copy Citation

Use of Voucher.

(1)

A CCS Program voucher may be used only with:

(a)

A child care center;

(b)

A family child care home: or

(c)

An approved informal child care provider.

(2)

An informal child care voucher may be used only for informal child care.

Voucher Issuance.

(1)

A contractor shall:

(a)

Issue a voucher to an eligible customer that is:

(i)

Effective from the date a signed and dated application is received and all required verifications have been approved; and

(ii)

Related to the schedule and duration of the applicant's activity; and

(b)

Provide access to information and referral services to assist the customer in finding appropriate child care.

(2)

Except for a voucher issued pursuant to Regulation .09A(3) of this chapter, or unless a voucher becomes void pursuant to §B(3) of this regulation, each voucher is valid for a maximum of 12 months from the voucher’s issue date if the voucher is returned to the contractor within 60 days of its issue date.

(3)

A child care voucher is void if:

(a)

It is not signed by the child care provider and the customer;

(b)

Placement is not made; or

(c)

It is not returned to the contractor within 60 days of its issue date.

(4)

The contractor shall issue to a customer a notification of the expiration of a voucher at least 15 days before the expiration date to allow for application and review of the customer’s eligibility for a new voucher.

(5)

A new voucher may be issued if a customer moves to another local jurisdiction in Maryland and the contractor determines that the customer is still eligible for CCS Program services.

Regulation .08 Service Groups.Link Copy Citation

Except that primary consideration within a service priority shall be given to a family requiring CCS Program services for a child with a disability or evidence of homelessness, provision of CCS Program services to a family shall be made according to established service priorities, which are:

(1)

Priority 1, the highest service priority, which includes individuals who are receiving TCA and are:

(a)

Job searching;

(b)

Participating in a job readiness activity that has been verified by FIA; or

(c)

Participating in an approved activity for at least 20 hours per week;

(2)

Priority 2, which includes individuals who are participating in an approved activity and are in compliance with TCA program requirements when their case closed and:

(a)

Who have received TCA at any time within the prior 6 months;

(b)

Who are no longer eligible for TCA; and

(c)

Whose family income is less than or equal to the amounts listed for copayment levels A through J in Regulation .03H of this chapter, for the family's size; and

(3)

Priority 3, the lowest service priority, which includes individuals who are participating in an approved activity and:

(a)

Who are not TCA applicants or recipients; and

(b)

Whose family income is less than or equal to the amounts listed for copayment levels A through J in Regulation .03H of this chapter, for the applicant's family size.

If the CCS Program is reduced because of insufficient funds:

(1)

The order of the priorities shall be applied in reverse for terminating services; and

(2)

Within each service priority, services shall be terminated beginning with customers meeting income eligibility level J criteria, as set forth at Regulation .03H of this chapter, and, if necessary, proceeding in reverse order to income eligibility level A.

Regulation .09 Redetermination.Link Copy Citation

Unless a family with an open case is placed on program freeze status due to insufficient program funds, a contractor shall make a determination of child care need for a family:

(1)

When there are significant changes in the family situation that may affect program eligibility, such as the reportable events set forth at Regulation .03G of this chapter;

(2)

At least every 12 months; or

(3)

Within 10 calendar days of the completion of an Early Head Start or Head Start Program year if the child:

(a)

Is enrolled in Early Head Start or Head Start; and

(b)

Receives CCS Program services.

At redetermination, if a family with a child enrolled in Early Head Start or Head Start has an income that is overscale, the family shall continue in the CCS Program at income level J for the remainder of the Early Head Start or Head Start program year.

Regulation .10 Termination.Link Copy Citation

The contractor shall terminate CCS Program payments if the:

(1)

Program is reduced because of insufficient funds or is oversubscribed;

(2)

Contractor determines that the parent violates the requirements of the CCS Program; or

(3)

Customer:

(a)

Fails to submit a complete application as specified at Regulation .05B of this chapter;

(b)

Is no longer eligible on the basis of need or of income:

(c)

Fails to pay the copayment, recorded on the voucher, when it is due;

(d)

Commits welfare fraud as defined in the Criminal Law Article, §§8-501—8-504, Annotated Code of Maryland, and cited in the terms of agreement of the child care subsidy voucher;

(e)

Fails to provide documentation required by the contractor to re-determine eligibility;

(f)

Having care of a child eligible for child support services, refuses to cooperate with the State in pursuing child support obligations unless good cause is determined to exist;

(g)

Fails to report any change, as specified in Regulation .03G of this chapter, that results in the receipt of benefits for which the applicant is not eligible;

(h)

Fails to verify immunizations appropriate to the child's age pursuant to Regulation .03D of this chapter for each child receiving services; or

(i)

Has been disqualified pursuant to Regulation .14O of this chapter, and the disqualification period has not ended.

Notification of Termination.

(1)

Except for parents and providers who do not return the signed voucher to the contractor within 60 days, the contractor shall send a written notice to the parent and the provider at least 5 calendar days before termination of child care services or reduction of child care benefits that specifies the:

(a)

Action to be taken;

(b)

Reason for the action;

(c)

Regulatory basis for the action; and

(d)

Parent's hearing and appeal rights.

(2)

If a voucher is written for less than 5 calendar days, the notification period does not apply.

Regulation .11 Payments for Child Care Services.Link Copy Citation

Basis of Payment.

(1)

A sufficient number of invoice forms will be sent to the provider to cover the necessary service periods of a voucher after the voucher has been returned to the local department.

(2)

A child care provider is paid:

(a)

According to the weekly service unit rates as set out in §§B—D of this regulation for subsidies and Regulation .10B of this chapter for copayments;

(b)

Based on 21.69 days in each month; and

(c)

For authorized service units only.

(3)

A separate payment rate is established for each of the following seven CCS service regions within the State for family homes and child care centers:

(a)

Region U, which comprises Cecil, Queen Anne's, St. Mary's, Talbot, and Washington counties;

(b)

Region V, which comprises Caroline, Dorchester, Kent, Somerset, and Wicomico counties;

(c)

Region W, which comprises Anne Arundel, Calvert, Carroll, Charles, and Prince George's counties;

(d)

Region X, which comprises Howard and Montgomery counties;

(e)

Region Y, which comprises Baltimore, Frederick, and Harford counties;

(f)

Region Z, which comprises Allegany, Garrett, and Worcester counties; and

(g)

Region BC, which is Baltimore City.

Rate of Payment and Cost Guidelines — Family Child Care Home.

(1)

This section shall apply only to a family child care home that is registered to operate pursuant to COMAR 13A.15.

(2)

The amount paid to a family child care provider who cares for a child in the provider's home is the lowest of the:

(a)

Regional weekly service unit rates established by this regulation;

(b)

Weekly rate charged to the general public by the provider if that rate is comparable and competitive with the going rate in the community; or

(c)

Actual cost of care.

(3)

The regional weekly service unit rates specified in this subsection are based on three units of service per day. For two-unit and one-unit regional weekly rates, multiply by 2/3 and 1/3, respectively, the following regional weekly rates:

(a)

Rate for a child 24 months old or older:

(i)

Region U — $93.63;

(ii)

Region V — $83.11;

(iii)

Region W — $115.97;

(iv)

Region X — $147.43;

(v)

Region Y — $115.91;

(vi)

Region Z — $85.46; and

(vii)

Region BC — $106.35; or

(b)

Rate for a child younger than 24 months old:

(i)

Region U — $123.00;

(ii)

Region V — $100.34;

(iii)

Region W — $156.71;

(iv)

Region X — $184.50;

(v)

Region Y — $148.63;

(vi)

Region Z — $97.38; and

(vii)

Region BC — $141.08.

Rate of Payment and Cost Guidelines — Child Care Center and Large Family Child Care Home.

(1)

The amount paid to a child care center is the lowest of the:

(a)

Regional weekly service unit rates established by this regulation;

(b)

Weekly rate charged to the general public by the child care center if that rate is comparable and competitive with the going rate in the community; or

(c)

Actual cost of care.

(2)

(a)

Rate for a child 24 months old or older:

(i)

Region U — $108.24;

(ii)

Region V — $91.25;

(iii)

Region W — $126.00;

(iv)

Region X — $166.95;

(v)

Region Y — $128.18;

(vi)

Region Z — $87.79; and

(vii)

Region BC — $112.16; or

(b)

Rate for a child younger than 24 months old:

(i)

Region U — $172.42;

(ii)

Region V — $146.79;

(iii)

Region W — $199.88;

(iv)

Region X — $261.38;

(v)

Region Y — $208.29;

(vi)

Region Z — $112.75; and

(vii)

Region BC — $187.79.

The informal child care weekly service unit rates specified in this section are based on three units of service per day. For two-unit and one-unit regional weekly rates, multiply by 2/3 and 1/3, respectively, the following jurisdictional weekly rates:

(1)

Rate for a child 24 months old or older:

(a)

Allegany County — $53.76;

(b)

Anne Arundel County — $56.81;

(c)

Baltimore County — $60.38;

(d)

Calvert County — $56.81;

(e)

Caroline County — $41.53;

(f)

Carroll County — $56.81;

(g)

Cecil County — $53.76;

(h)

Charles County — $56.81;

(i)

Dorchester County — $41.53;

(j)

Frederick County — $60.38;

(k)

Garrett County — $54.01;

(l)

Harford County — $60.38;

(m)

Howard County — $75.92;

(n)

Kent County — $41.53;

(o)

Montgomery County — $75.92;

(p)

Prince George's County — $56.81;

(q)

Queen Anne's County — $46.88;

(r)

St. Mary's County — $53.76;

(s)

Somerset County — $41.53;

(t)

Talbot County — $46.88;

(u)

Washington County — $54.01;

(v)

Wicomico County — $41.53;

(w)

Worcester County — $44.07; and

(x)

Baltimore City — $54.77; or

(2)

Rate for a child younger than 24 months old:

(a)

Allegany County — $62.93;

(b)

Anne Arundel County — $71.84;

(c)

Baltimore County — $71.84;

(d)

Calvert County — $71.84;

(e)

Caroline County — $46.88;

(f)

Carroll County — $73.12;

(g)

Cecil County — $55.28;

(h)

Charles County — $71.84;

(i)

Dorchester County — $46.88;

(j)

Frederick County — $71.84;

(k)

Garrett County — $62.93;

(l)

Harford County — $71.84;

(m)

Howard County — $90.95;

(n)

Kent County — $46.88;

(o)

Montgomery County — $90.95;

(p)

Prince George's County — $71.84;

(q)

Queen Anne's County — $55.28;

(r)

St. Mary's County — $62.93;

(s)

Somerset County — $46.88;

(t)

Talbot County — $55.28;

(u)

Washington County — $55.28;

(v)

Wicomico County — $46.88;

(w)

Worcester County — $46.88; and

(x)

Baltimore City — $69.04.

Additional Costs.

(1)

A payment rate schedule is established for children attending public or nonpublic elementary or middle schools for the full school day who receive child care services. The payment rate schedule is:

(a)

Paid pursuant to the maximum payment rates listed in §§B—D of this regulation;

(b)

Valid when authorized child care services are provided:

(i)

On a regular basis beyond school hours; and

(ii)

When schools are closed during the school year;

(c)

Based on a 42-week payment schedule that is calculated by averaging the child's rate for:

(i)

36 weeks of one or two authorized service units per day when school is scheduled to be in session; and

(ii)

6 weeks of three authorized service units per day when school is scheduled to be closed; and

(d)

Applied to an uninterrupted 10-week school vacation when:

(i)

The vacation period is not included in §F(1)(b)(ii) of this regulation; and

(ii)

The care is authorized by the contractor for three units of service a day.

(2)

The 52-week payment schedule is established for children attending public or nonpublic elementary or middle schools for the full school day that are open year-round and is calculated by averaging the child's rate for:

(a)

36 weeks of one or two authorized service units per day when school is scheduled to be in session;

(b)

6 weeks of three authorized service units per day when school is scheduled to be closed; and

(c)

10 designated school vacation weeks of three authorized service units per day.

(3)

The contractor shall approve additional costs that exceed the payment rates specified in §§B—D of this regulation when child care is provided during nontraditional hours. Nontraditional hours are:

(a)

1 hour or more between 7 p.m. and 6 a.m. on Monday through Friday; and

(b)

Any period of 1 hour or more on Saturday or Sunday.

(4)

Additional costs above the rates shall be authorized for care provided weekly during nontraditional hours up to:

(a)

5 percent for one unit of care;

(b)

10 percent for two units of care; or

(c)

15 percent for three units of care.

(5)

For a child with a disability, the payment rates specified in §§B and C of this regulation apply, except if the service provider offers documentation to the contractor that the cost of caring for the child with a disability exceeds the reasonable accommodation definition.

(6)

The State may assist with one-time only or ongoing accommodation costs for materials or personnel if:

(a)

The provider submits to the contractor a completed special disability rate request form, supplied by the contractor, that describes the need for the special accommodation; and

(b)

The accommodation does not create a significant difficulty or expense.

(7)

Upon receipt of a special disability rate request form that meets the requirements of §E(6)(a) of this regulation, the contractor shall:

(a)

Approve the additional cost not to exceed the annual allocated amount up to 15 percent above the rates set out in §§B and C of this regulation; or

(b)

If the requested cost exceeds 15 percent, submit a recommendation to the CCS Branch for approval of a higher payment not to exceed the annual allocated amount.

Payment Policy.

(1)

The contractor shall process payment for the provider for CCS Program services through a completed invoice or other means approved by the CCS Branch.

(2)

The rate paid to the provider is based on the region in which the:

(a)

Child care is given if the provider is a:

(i)

Family child care provider; or

(ii)

Center child care provider; or

(b)

Child resides, if the provider is an informal child care provider.

(3)

The subsidy to be paid to a provider by the contractor is computed by subtracting the applicable weekly copayment for each child in the family receiving child care subsidy services, as set forth in Regulation .10B—C of this chapter, from the lowest of the:

(a)

Weekly actual cost of care;

(b)

Weekly local market rate; or

(c)

Weekly applicable maximum provider payment rate set forth in Regulation .09B—D of this chapter.

(4)

A provider is paid only for the time authorized by the voucher and may not be paid in excess of that time.

(5)

A provider may not be paid for more than:

(a)

The maximum full-time equivalent slots authorized for care by the Office of Child Care, Licensing Branch for care that is licensed or registered; or

(b)

In accordance with Regulation .11D of this chapter, the amount allowed for informal child care.

(6)

Except for vouchers written for less than 5 calendar days in accordance with Regulation .07B(2) of this chapter, and subject to §F(12)(a)(vi) of this regulation, the contractor shall pay for a 5 calendar day termination notification period to a provider of:

(a)

Family child care; or

(b)

Center child care.

(7)

If a voucher signed by the parent and the provider is not received by the contractor within 60 calendar days of issuance, the provider may not be paid:

(a)

Without attendance records signed by the provider and parent; or

(b)

For the first 60 calendar days of the voucher.

(8)

Except that holidays are included in the payment schedule pursuant to §E(1) and (2) of this regulation and not paid separately, family child care providers and center child care providers are paid for six holidays including Christmas, New Year's Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day, according to the:

(a)

Number of children enrolled in care the day before the holiday; and

(b)

Enrollment status of the child during the period in which the holiday falls.

(9)

Family child care and center child care providers shall be paid for those days when the services are closed for:

(a)

An official emergency that is declared by the State or local government; and

(b)

Voluntary closure days, as defined at Regulation .02B of this chapter, when:

(i)

Child care services are not provided;

(ii)

The period of voluntary closure does not include more than 2 consecutive weeks annually; and

(iii)

Except in cases of provider or family illness or death, the provider gives 2 weeks written notice of closure to the parent and the contractor.

(10)

Family child care and center child care providers are paid for the time a child is absent up to 60 calendar days per calendar year, except that in the case of illness or injury of the child, documented by a health practitioner, the contractor may authorize additional absences.

(11)

Payment may not be made to an informal child care provider for any holiday or for any child absence, except that for eligible customers, payments shall be made fora Christmas Day, New Year’s Day, Memorial Day, Independence Day, Labor Day, or Thanksgiving Day if the provider submits verification of child attendance in care.

(12)

Payment, including that for the termination notification period, may not be made to a provider if:

(a)

The provider:

(i)

Denies parental access to the child;

(ii)

Has been identified as responsible for child abuse or neglect, as defined in COMAR 13A.15.01.02B;

(iii)

Is the child's parent, stepparent, or legal guardian, or is a member of the child's CCS or TCA assistance unit;

(iv)

Fails to give 5 calendar days written notice of service termination to the parent;

(v)

Has been disqualified pursuant to Regulation .14M of this chapter and the disqualification period has not ended;

(vi)

Has committed an intentional program violation;

(vii)

If required to be licensed or registered, is not licensed or registered;

(viii)

Has had a child care license or registration suspended or revoked;

(ix)

If required to submit an affirmation of compliance with health and safety standards, has not submitted the affirmation;

(x)

Has not submitted a signed release of information form consenting to a review of child abuse and neglect records;

(xi)

Has not applied for a criminal background check;

(xii)

Has a criminal history that includes a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime listed at Regulation .06D(6) of this chapter; or

(b)

The contractor has documented information indicating that the provider, a resident in the informal child care home, or the informal child care home itself presents a risk to the health or safety of a child in care.

(13)

Stoppage of payment to a provider whose child care license or registration has been suspended or revoked is based on the date of the suspension or revocation notice.

(14)

Effective June 29, 2015, payment may not be made to a family child care home or a child care center unless the home or center is participating, or has applied for participation in, Maryland EXCELS and a quality rating has been assigned and published by Maryland EXCELS.

(15)

An informal child care provider may not require or request a parent to pay a fee that is in addition to the copayment required by the State.

Method of Payment.

(1)

State Payment.

(a)

The contractor shall pay a provider upon approval of an invoice submitted within 60 calendar days of the end date of the last service period.

(b)

The amount of the invoice shall match the authorized service units listed on the voucher.

(c)

Payment may not be made for any units in excess of those authorized by the voucher.

(2)

Parental Payment.

(a)

Parental payment for child care services shall be made directly to the provider at times set by the provider and shall follow the payment policy of the provider.

(b)

The parent shall pay the provider the copayment listed on the voucher.

(c)

The provider shall give the parent a receipt for the full amount of the parent's payment.

(3)

An invoice adjustment may be made within 12 months after the end of the month in which services were provided.

Payment Irregularities.

(1)

Overpayments are collected from:

(a)

Customers when they fail to report a timely change;

(b)

Providers when they fail to correctly report information;

(c)

A customer or provider who benefits from an erroneous service reimbursement made by the contractor.

(2)

Calculation of Overpayments. A provider or a customer overpayment, whether it occurs due to incorrect or incomplete information at application, or to a change in the customer’s or provider’s circumstances that was unreported or reported late, shall:

(a)

Be counted from the beginning of the service period; and

(b)

Include each subsequent service period in which the incorrect subsidy reimbursement is identified.

(3)

The contractor shall calculate the amount of an overpayment to a customer or a provider by determining the:

(a)

Correct amount to be paid;

(b)

Amount of the incorrect payment; and

(c)

Difference between the correct and incorrect payment amounts.

(4)

Notification.

(a)

In the event of an overpayment to a customer or a provider, the contractor shall notify the recipient of the overpayment within 30 calendar days after the discovery of the overpayment.

(b)

If, 30 calendar days after the overpayment notification specified at §H(4)(a) of this regulation was sent, there is no response from the overpayment recipient, the contractor shall promptly send a second overpayment notification to the recipient.

(c)

If, 30 calendar days after the second overpayment notification specified at §H(4)(b) of this regulation was sent, there is no response from the overpayment recipient, the contractor shall promptly send a third overpayment notification to the recipient.

(5)

Recovery from a customer or a provider of an overpayment amount shall be made by:

(a)

Repayment of the full amount by the customer or the provider, as applicable; or

(b)

If the overpayment amount was paid to the provider, reduction of continuing child care payments.

(6)

If a customer or a provider does not pay the repayment of an overpayment amount as directed by the contractor, the contractor shall request that the State take action to collect that amount.

(7)

If an overpayment is recovered incrementally, it shall be recovered at a monthly rate of:

(a)

10 percent of the overpayment for cases not involving fraud; or

(b)

20 percent of the overpayment for cases involving fraud.

(8)

The contractor shall promptly correct any underpayment to a recipient or a service provider.

Regulation .12 Copayments.Link Copy Citation

Parental Copayments.

(1)

An individual or family who uses CCS Program services shall contribute financially to the cost of those services, except for the following, who are exempt:

(a)

TCA applicants or recipients pursuant to Regulation .08A(1) of this chapter;

(b)

SSI recipients; or

(c)

A CCS customer for a voucher issued for a voluntary closure period as defined in Regulation .02B of this chapter.

(2)

Except for additional vouchers issued for voluntary closure days, parental copayments are paid to a provider based on the provider's payment schedule and shall include a minimum copayment, as listed on the child care voucher and in accordance with Regulation .11A(2) of this chapter.

(3)

Except as exempted under §A of this regulation, parental copayments are assessed for three or fewer children who are receiving child care subsidy services. Copayments are assessed for services provided to an eligible child as follows:

(a)

The youngest child in care is assessed the highest copayment;

(b)

The second child in care, who is the next oldest, is assessed a lower copayment;

(c)

The third child in care, who is the next oldest in age to the second child, is assessed the same copayment amount as the second child; and

(d)

No copayment is assessed for the fourth child and subsequent children.

(4)

Parental copayments are determined on the basis of family size and income as set forth in Regulation .03H of this chapter.

Regional Weekly Copayment Tables.

(1)

These regional weekly copayment tables are based on three units of service per day. For the two-unit and one-unit regional weekly copayments, multiply the figures in §B(2) and (3) of this regulation by 2/3 and 1/3 respectively.

(2)

Copayments for a Child 24 Months Old and Older in Family Child Care or Center Care.

(a)

Copayments Amounts for First (Youngest) Child in Care.

(b)

Copayments Amounts for Second and Third Children in Care.

(c)

A copayment is not assessed for subsequent children in a family who are:

(i)

The oldest children in the family pursuant to §A(3) of this regulation; and

(ii)

Receiving CCS Program services.

(3)

Copayments for a Child Younger than 24 Months Old in Family Child Care or Center Care.

(a)

Copayments Amounts for First (Youngest) Child in Care.

(b)

Copayments Amounts for Second and Third Children in Care.

(c)

A copayment is not assessed for subsequent children in a family who are:

(i)

The oldest children in the family pursuant to §A(3) of this regulation; and

(ii)

Receiving CCS Program services.

A family using informal care shall pay a copayment amount which is equal to the amount produced by multiplying the appropriate percentage from the following table by the informal care weekly rate in the jurisdiction where the child resides:

(1)

Copayments Amounts for First (Youngest) Child in Care.

(2)

Copayments Amounts for Second and Third Children in Care.

(3)

A copayment is not assessed for subsequent children in a family who are:

(a)

The oldest children in the family pursuant to §A(3) of this regulation; and

(b)

Receiving CCS Program services.

Determination of Weekly Copayments.

(1)

In Regulation .03H of this chapter, the contractor shall find the family size and income to identify the corresponding copayment level letter, and:

(a)

Refer to the weekly copayment tables for regulated care listed under §B of this regulation to locate the appropriate regional weekly copayment for the:

(i)

Youngest child in the family in care; and

(ii)

Second and third oldest children in the family in care; and

(b)

Determine the weekly copayment for informal child care by multiplying the appropriate regional weekly copayment percentage by the appropriate weekly informal rate, which may not exceed the rates listed in §C of this regulation by the appropriate weekly informal rate, which may not exceed the rates listed in Regulation .11D of this chapter.

(2)

For any family size greater than ten, the weekly copayment is the same as for a family of ten.

Regulation .13 Confidentiality.Link Copy Citation

Except under certain circumstances established by law, information provided by a family in applying for a federal, State, or local jurisdiction assistance program is protected from disclosure under the:

(1)

Food Stamp Act of 1977, as amended; and

(2)

Human Services Article, §1-202, Annotated Code of Maryland.

A family has the right to review its case file after providing a written request to the CCS Branch.

Information obtained from families applying for assistance may be released, without written consent, to an individual directly connected with the administration or enforcement of the CCS Program.

Except when a release of information is completed by the family and is on file in the customer’s record, a contractor may not share family information with a provider.

A victim of domestic violence whose address is protected under Maryland law or policy may use substitute address information to apply for services.

Regulation .14 Intentional Program Violations.Link Copy Citation

Notice of intentional program violation disqualification penalties shall be posted in clear and prominent lettering on the:

(1)

CCS Program application form used by a customer to apply for child care subsidy; and

(2)

Terms of agreement completed by a provider when a child is enrolled for CCS Program services.

If the contractor receives information that a customer or a provider may have committed an intentional program violation, the contractor may:

(1)

Refer the information to the Division’s fraud investigator, who shall:

(a)

Conduct an investigation of the suspected intentional program violators;

(b)

Prepare a report on the completed investigation showing the methods used to obtain information;

(c)

Make the report available to the Division; or

(d)

Refer the customer or the provider to the local State’s Attorney if the alleged facts in the case meet the guidelines established by the State’s Attorney for prosecution;

(2)

Allow a customer or a provider to waive the customer’s or the provider’s right to an administrative disqualification hearing; or

(3)

Refer the customer or the provider, as applicable, to the Office of Administrative Hearings (OAH) for an administrative disqualification hearing.

Supervisory Review. Before providing advanced written notification that a customer or a provider may waive the customer’s or provider’s right to an administrative disqualification hearing, the contractor shall ensure that a supervisor:

(1)

Reviews the evidence against the customer or the provider; and

(2)

Determines whether the evidence warrants scheduling of a disqualification hearing.

Waiver Hearing. When the contractor decides to allow a customer or a provider to waive the customer’s or the provider’s right to an administrative disqualification hearing, the contractor shall notify the customer or the provider in writing. The notice shall include:

(1)

A summary of the charge against the customer or the provider and the evidence to support it;

(2)

Information regarding the administrative disqualification hearing including:

(a)

A statement that the customer or the provider may waive the right to an administrative disqualification hearing;

(b)

The date the contractor will refer the case to the OAH for a hearing if the contractor has not received the signed waiver, which is not later than 20 calendar days after the mailing of the notice;

(c)

The requirement that the customer or the provider shall sign the waiver;

(d)

A statement that the customer or the provider has the right to remain silent and that anything the individual says or signs concerning the charge may be used in future administrative or judicial proceedings; and

(e)

A statement that signing the waiver will result in disqualification and reduce or terminate services for the customer or the provider;

(3)

An opportunity for the customer or the provider to admit to the facts presented by the CCS Branch;

(4)

A statement that the disqualified customer or provider is responsible for repayment of any overpayment received;

(5)

A statement that a hearing does not preclude the State or federal government from prosecuting the customer or the provider for the intentional program violation in a civil or criminal court; and

(6)

The name and telephone number of the person to contact for additional information.

If the local State’s Attorney decides that a case does not warrant prosecution, the contractor shall refer the case to the OAH for an administrative disqualification hearing.

If the local State’s Attorney does not act on a referred case within 30 calendar days, the referral shall be withdrawn and the case shall be referred to the OAH for an administrative disqualification hearing.

The contractor may not initiate an administrative disqualification hearing:

(1)

Against a customer or a provider whose case is being referred by the State’s Attorney for prosecution; or

(2)

After the State’s Attorney or a court of appropriate jurisdiction has taken any action against the customer or the provider in a case arising out of the same or related circumstance.

Imposition of Disqualification Penalties. If the contractor receives a signed waiver of the right to an administrative disqualification hearing, the contractor shall apply the disqualification penalty at the beginning of the next service period.

If the contractor does not receive a signed waiver of the right to an administrative disqualification hearing within 20 calendar days of providing advance notification in accordance with §D of this regulation, the contractor shall refer the individual to the OAH for a hearing in accordance with COMAR 13A.14.06.15.

The referral shall include:

(1)

Identifying case information;

(2)

A summary of the alleged intentional program violation;

(3)

Copies of the contractor’s supporting documentation; and

(4)

Documentation that the customer or the provider has been:

(a)

Previously disqualified for an intentional program violation; or

(b)

Convicted by a court of fraud involving the CCS Program.

A pending disqualification hearing does not affect the customer’s or the provider’s right to be certified and participate in the program.

The contractor shall terminate or reduce the services if:

(1)

The customer or the provider returns the signed waiver to the contractor;

(2)

The customer or the provider fails to request a hearing and continuation of benefits after notice of termination or reduction;

(3)

The decision of the contractor is upheld upon disposition of an intentional program violation hearing; and

(4)

The State’s Attorney Office’s final disposition of a referred proceeding is received.

A customer or a provider who has waived the right to an administrative disqualification hearing or was found to have committed an intentional CCS Program violation is ineligible to participate in the CCS Program as follows:

(1)

For the first violation, the customer or the provider may not receive any CCS Program payments for 6 months from the date payment was denied or until the customer or provider makes full restitution to the CCS Program, whichever is earlier;

(2)

For the second violation, the customer or the provider may not receive any CCS Program payments for 12 months from the date the payment was denied or until the customer or the provider makes full restitution to the CCS Program, whichever is earlier;

(3)

For the third violation, the customer or the provider shall be permanently barred from receiving CCS Program payments and shall pay restitution to the CCS Program; and

(4)

For a determination of an intentional program violation based on a customer’s or a provider’s conviction in a federal or state court on charges that the person misrepresented the location of his or her residence in order to obtain services from two or more states, the customer or the provider is not eligible to receive CCS Program services or payments for 10 years from the finding.

The disqualification period begins with the service period after which the customer or the provider is sent written notification of the disqualification:

(1)

Upon disposition of an intentional program violation hearing if the decision of the contractor is upheld;

(2)

When a waiver is signed; or

(3)

Upon final disposition of any proceeding referred to the local State’s Attorney Office.

Once a disqualification penalty has been imposed under §M(1) or (2) of this regulation, the period of disqualification continues uninterrupted until the earlier of:

(1)

Full repayment of the benefit; or

(2)

Completion of the time period.

Before imposing the sanction, the CCS Branch shall provide written notice to the customer or the provider of the:

(1)

Effective disqualification date;

(2)

Reason for imposing the sanction;

(3)

Payment that the applicant, customer, or provider was receiving; and

(4)

Date on which the customer may reapply or the provider may begin offering service because the disqualification period has expired.

If a customer or the provider has been disqualified pursuant to this regulation, the contractor shall send the customer or the provider a demand letter for restitution, which shall include:

(1)

The amount owed;

(2)

The reason for the claim;

(3)

The period of time covered by the claim;

(4)

The procedure for paying the claim;

(5)

The right to request renegotiation of any repayment schedule if the customer’s or the provider’s economic circumstances change; and

(6)

The requirement to:

(a)

Sign the repayment notice to indicate agreement to make restitution;

(b)

Select the method of payment; and

(c)

Return the repayment notice within 30 calendar days of the date of the notice.

The customer or the provider may request a hearing before the OAH if the individual disagrees with the amount of the overpayment or the method of repayment.

Regulation .15 Hearings and Appeals.Link Copy Citation

Appeal by Customer. A customer may request a hearing if the contractor:

(1)

Denies, suspends, reduces, or terminates assistance;

(2)

Fails to act with reasonable promptness on an application for, or a request for adjustment of assistance; or

(3)

Imposes sanctions on a recipient; or

(4)

Recovers an overpayment in assistance.

Notice.

(1)

The contractor shall send written notice of any adverse action in writing:

(a)

To the customer; and

(b)

To a provider who is denied payment for committing an intentional program violation pursuant to Regulation .14M of this chapter.

(2)

Notice of any adverse action shall include the:

(a)

Decision;

(b)

Basis for the decision;

(c)

Specific regulation supporting the decision;

(d)

Right to request an appeal;

(e)

Method by which an appeal may be requested;

(f)

Right to be represented in an appeal by a lawyer, relative, friend, or other individual; and

(g)

Availability of any free legal services.

(3)

The customer or provider may appeal within 90 calendar days of the date of the notice of adverse action.

(4)

An appeal request:

(a)

Is made by filing a completed MSDE appeal request form with the contractor;

(b)

May be received by any employee of the contractor whose assignment requires contact with the public; and

(c)

Shall be submitted immediately by the contractor to the designated hearing coordinator.

(5)

The filing date of the appeal request is the date the contractor received the completed MSDE appeal request form.

(6)

Contractor Assistance in the Appeal Request. The contractor shall assist the appellant in completing an appropriate appeal request form to ensure that it contains all the information required to process the request and, if necessary, shall provide an interpreter.

Processing of Appeal Requests.

(1)

Within 5 business days of the filing date of an appeal request, the contractor shall:

(a)

Forward the following information to OAH:

(i)

Date of the request;

(ii)

Name and address of the appellant;

(iii)

Name and address of the local department representative;

(iv)

Action being appealed;

(v)

Date of the action being appealed; and

(vi)

Date notice of the action was mailed to the appellant; and

(b)

Acknowledge to the appellant receipt of the appeal request.

(2)

Conference.

(a)

When the contractor receives an appeal request, the contractor shall promptly offer the appellant a conference.

(b)

A contractor supervisor shall attend the conference.

(c)

The case manager responsible for the action may also attend.

(d)

Although a conference may lead to an informal resolution of the dispute, a hearing shall be held unless the appellant withdraws the appeal request in writing.

Continuation of Assistance Pending Appeal.

(1)

Assistance shall be automatically continued or reinstated if the filing date of the appeal request is within 10 calendar days of the intended action.

(2)

Assistance may not be continued or reinstated pending appeal if:

(a)

An appellant specifically requests that assistance not be continued or reinstated pending appeal;

(b)

The eligibility or certification period for the assistance has expired;

(c)

Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not appear to concern misapplication of the change;

(d)

Continuation or reinstatement of the service at issue would threaten the health or safety of other individuals; or

(e)

The service is terminated because of nonpayment by the family of the copayment stated on the voucher that was assigned by the contractor.

(3)

An appeal request form shall contain:

(a)

An opportunity for the appellant to request that assistance not be continued or reinstated pending appeal; and

(b)

A statement that the appellant is responsible for repaying any assistance paid during the appeal process if the contractor's position is upheld.

Denial or Dismissal of Request for Appeal. OAH may deny or dismiss an appeal if:

(1)

The appeal request is not complete;

(2)

The appellant withdraws the request in writing;

(3)

The appellant fails to appear at the scheduled hearing;

(4)

Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not concern misapplication of the change; or

(5)

The appellant has failed to pay any filing fees required by OAH.

Scheduling and Notice.

(1)

Except as provided in §§B and D of this regulation, upon receiving an appeal request, OAH shall:

(a)

Promptly schedule a hearing; and

(b)

Send the parties a hearing notice at least 15 calendar days before the scheduled hearing.

(2)

Intentional Program Violation Hearing. When the contractor makes a referral to OAH concerning an intentional program violation, OAH shall:

(a)

Promptly schedule a hearing; and

(b)

Send the parties a hearing notice at least 30 calendar days before the scheduled hearing.

(3)

Hearing Notice. The hearing notice shall:

(a)

Summarize the hearing procedures;

(b)

Advise the appellant of:

(i)

The date, time, and place of the hearing;

(ii)

The right to be represented at the hearing by a lawyer, relative, friend, or other individual;

(iii)

The availability of any free legal services;

(iv)

The right to present documents and witnesses, including contractor employees, at the hearing;

(v)

The right to examine the case record in preparation for the hearing;

(vi)

The procedure to follow if the appellant cannot attend the hearing; and

(vii)

Except in an appeal concerning an intentional program violation, the authority of an administrative law judge to dismiss the appeal if the appellant fails, without good cause, to attend the hearing; and

(c)

In an appeal concerning an intentional program violation, include:

(i)

The charge;

(ii)

A warning that the decision shall be based solely on information provided at the hearing if the appellant fails to appear at the hearing;

(iii)

A statement that, to have a hearing rescheduled, the appellant has 10 calendar days from the date of the hearing to present to the administrative law judge good cause for not appearing and for not asking for a postponement before the hearing;

(iv)

A description of the disqualification penalties and a statement of the applicable penalty;

(v)

A statement of the appellant's rights during the hearing; and

(vi)

A warning that the hearing does not preclude the State or federal government from prosecuting the appellant or pursuing collection of the overpayment.

Prehearing Procedures.

(1)

Rescheduling.

(a)

A party may request a change in a hearing time, date, or location by:

(i)

Submitting a written request, with copies served on all parties, to the OAH clerk's office at least 5 business days before a scheduled hearing; or

(ii)

In the case of an unforeseen event requiring postponement and occurring less than 5 business days before a scheduled hearing, calling the OAH clerk's office as soon as possible.

(b)

If OAH finds that good cause exists, OAH shall set another time or place for the hearing and notify the parties of the change.

(c)

In an appeal concerning an intentional program violation, the appellant is entitled to one postponement of the scheduled hearing of up to 30 calendar days without the need to demonstrate good cause.

(d)

Any time limits applicable to the issuance of a final administrative decision are extended by the length of the delay caused by a postponement:

(i)

Requested by the appellant; or

(ii)

Granted by the administrative law judge due to the appellant's introduction of new evidence.

(2)

Summaries. The contractor shall:

(a)

Prepare a summary of the facts pertinent to the case and of the basis for its action; and

(b)

Send the summary and copies of all documents that it intends to present at the hearing to the appellant and to OAH at least 6 calendar days before the date of the hearing.

Administrative Law Judge's Decision.

(1)

The administrative law judge shall render a final decision.

(2)

The decision shall contain:

(a)

Separate statements of findings of fact and conclusions of law;

(b)

Citation to pertinent State and federal law; and

(c)

An order.

Final Decision.

(1)

Within 90 calendar days of the filing of the appeal request:

(a)

The administrative law judge shall issue a final decision to all parties; and

(b)

The contractor shall complete all administrative or corrective action necessary to implement the decision.

(2)

If the decision is favorable to the contractor, the contractor may:

(a)

Take immediate steps to implement the decision; and

(b)

Reduce or terminate assistance that has been continued while the appeal was pending by:

(i)

Decreasing the subsidy amount or closing the customer’s case; and

(ii)

Notifying the child care provider of the reduction or termination pursuant to Regulation .10A.

(3)

If the decision is favorable to the appellant, the contractor shall, within 10 calendar days of the date of the decision:

(a)

Comply with the decision;

(b)

Take corrective action retroactive to the date the incorrect action was taken;

(c)

Restore the services; and

(d)

Notify OAH that it has completed all required action.

(4)

The Record. After issuing a final administrative decision, OAH shall promptly forward to the CCS Branch the complete record, including all:

(a)

Papers filed;

(b)

Evidence submitted; and

(c)

Orders and decisions issued.

Chapter 07. Family Child Care Provider Grant Fund

Regulation .01 Scope.Link Copy Citation

This chapter sets forth the purpose of the Family Child Care Provider Grant Fund, the requirements for applying for an award under the Fund, the basis and procedure for making an award, and the penalties for providing false information to obtain an award.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Annual family income” means the combined annual adjusted gross income, as reported for federal tax purposes, of all members of the applicant's household.

(2)

“Applicant” means the provider who has applied to the Office to receive an award through the Fund.

(3)

“Award” means the grant amount awarded through the Fund to an approved applicant.

(4)

“Department” means the State Department of Education.

(5)

“Fund” means the Family Child Care Provider Grant Fund.

(6)

“Grantee” means the person who has received an award through the Fund.

(7)

“Office” means the Office of Licensing in the Office of Child Care of the Department.

(8)

“Provider” means a registered family child care provider who cares for not more than eight children under a current certificate of registration issued under COMAR 13A.15.

Regulation .03 Fund Uses and Limitations.Link Copy Citation

The Fund is used to provide reimbursement to providers for expenses necessary to achieve or maintain compliance with the requirements of COMAR 13A.15.

Reimbursement for compliance-related expenses shall be made in the form of an award.

Awards shall be:

(1)

Made only to providers; and

(2)

Used by grantees only as reimbursement for their compliance-related expenses, which include:

(a)

The fee for a medical examination, medical testing, or immunization required for registration application purposes;

(b)

The cost of:

(i)

Attending an approved provider training course,

(ii)

Applying for a required criminal background investigation,

(iii)

Meeting local zoning, health and safety, or fire requirements applicable to family day care,

(iv)

Water testing or sanitarian inspection, if required,

(v)

Lead paint or asbestos abatement, testing, or control,

(vi)

Small household repairs or alterations necessary to allow child care activities to take place or to ensure the safety of children in care,

(vii)

Obtaining appropriate toys or equipment for child care activities,

(viii)

Educational materials for use by children in care,

(ix)

Arts and crafts supplies for use by children in care; and

(c)

Other costs which are identified and approved by the Office as necessary for the applicant to comply with the requirements of COMAR 13A.15.

An award may not exceed $500.

A grantee may not receive more than one award during the existence of the Fund.

Regulation .04 Applications.Link Copy Citation

The Office shall accept applications for an award only from providers.

To apply for an award, the provider shall submit to the Office a complete application, which includes:

(1)

An application form, supplied by the Office, which is completed and signed by the applicant;

(2)

Documentation of each expense claimed for reimbursement, which shall consist of the original or a copy of a dated sales slip or other written receipt which shows the specific nature and amount of the expense; and

(3)

Any other relevant information required by the Office, which may include written verification of the applicant's annual family income.

An applicant may be determined eligible for an award if:

(1)

The application is complete;

(2)

No enforcement action by the Office against the applicant has been in effect or initiated during the applicant's current family day care registration period; and

(3)

The applicant's annual family income does not exceed 60 percent of the State median income (SMI) for the applicant's family size during the current October 1—September 30 period.

Determination of Eligibility.

(1)

The Office shall determine an applicant's eligibility within 35 calendar days after a complete application is received by the Office.

(2)

The month in which the Office determines an applicant's eligibility is considered the applicant's first month of eligibility.

(3)

Determination by the Office that an applicant is eligible for an award does not guarantee that an award will be made to the applicant.

Notification.

(1)

Within 15 calendar days of determining an applicant's eligibility, the Office shall notify the applicant in writing of the outcome of that determination.

(2)

If the applicant is found eligible for an award, the notification shall state that, pursuant to Regulation .05 of this chapter:

(a)

Awards are made on the basis of assigned award priority and the availability of funding; and

(b)

If an award is not made to the applicant on the basis of the applicant's first month of eligibility, the applicant shall be reconsidered for an award during each of the next 2 months.

(3)

If the applicant is found ineligible for an award, the Office shall:

(a)

Specify the reason for ineligibility; and

(b)

Return to the applicant all application materials submitted by the applicant.

Regulation .05 Awards.Link Copy Citation

The Office shall make Family Child Care Provider Grant Fund awards to eligible applicants each month until the annual fund allocation is exhausted.

Within 15 calendar days after the end of each month, the Office shall:

(1)

Provide notification of an award to each applicant to whom an award was made during that month; and

(2)

Issue instructions for payment of each award made during that month.

Reconsideration for Award. If, due to exhaustion of the annual funding allocation for a given year, an award is not made to an applicant, the Office shall reconsider the applicant for an award under the next year’s annual funding allocation.

The Office may make an award for less than the amount requested by the applicant, but may not make an award for more than the amount requested.

Regulation .06 Prohibitions and Penalties.Link Copy Citation

A person may not knowingly make or cause to be made any false statement or report:

(1)

In any application or in any document furnished to the Office under the requirements of this chapter; or

(2)

For the purpose of influencing the action of the Office on:

(a)

An application for an award, or

(b)

Any matter related to an award, whether or not the award may already have been made.

A person who violates any provision of this regulation, or who assists another person to violate any provision of this regulation, is guilty of a misdemeanor, and on conviction is subject to:

(1)

A fine not exceeding $1,000;

(2)

Imprisonment in the penitentiary not exceeding 1 year; or

(3)

Both §B(1) and (2) of this regulation.

Chapter 08. Child Care Training Approval

Regulation .01 Scope.Link Copy Citation

This chapter governs the process by which an individual or organization may be approved to offer and conduct training required by COMAR 13A.15, 13A.16, 13A.17, and 13A.18.

This chapter does not apply to:

(1)

Community colleges;

(2)

Colleges;

(3)

Universities;

(4)

Approved national organizations that offer training to child care providers; or

(5)

Individuals recognized by the Office as authorities in their field.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Agency representative” means an individual designated by the Office to determine compliance with this chapter.

(2)

“Applicant” means an individual or organization applying for or approved by the Office to offer training for family child care providers and child care center staff.

(3)

“Approved trainer” means an individual who:

(a)

Is approved by the Office to offer training to child care providers; or

(b)

Conducts training under the auspices of an approved organization.

(4)

Assessment.

(a)

“Assessment” means the method of determining that a training participant has successfully met the objectives of the training.

(b)

“Assessment” includes, but is not limited to, written or oral tests, demonstration, observation, portfolio, or a combination of methods.

(c)

“Assessment” does not include general classroom discussion, general group participation, group classroom response, or unanalyzed observations or demonstrations.

(5)

“Child care provider” means a:

(a)

Registered family child care provider; or

(b)

Child care center:

(i)

Operator or director; or

(ii)

Staff member.

(6)

“Clock hour” means one 1 hour (60 minutes) on the clock.

(7)

“Content area” means a course topic, including:

(a)

Child development;

(b)

Curriculum development;

(c)

Health, safety, and nutrition;

(d)

Professionalism;

(e)

Community; and

(f)

Special needs.

(8)

“Continued training” means ongoing training for the child care community offered through not-for-credit workshops and courses and measured in clock hours.

(9)

“Core of knowledge training” means training that meets the requirements of the core of knowledge for the Maryland Child Care Credential Program under COMAR 13A.14.09.

(10)

“Course” means the 45 clock hour or 90 clock hour training required by COMAR 13A.16 if taken for:

(a)

College credit; or

(b)

Noncredit from a college or a trainer approved by the Office.

(11)

“Credential” means the credential from the Maryland Child Care Credential Program.

(12)

“Office” means the Office of Credentialing under the Office of Child Care, Division of Early Childhood Development, State Department of Education.

(13)

“Online training” means instruction delivered over the Internet.

(14)

“Organization” means a bona fide incorporated business or professional organization applying or approved by the Office to offer training.

(15)

“Preservice training” means course work required at COMAR 13A.16.06 for child care center teachers and directors.

(16)

“Trainer” means an individual who presents instruction.

(17)

“Training Review Committee” means the group of individuals designated to review the approval process and hear appeals of the decisions of the Office.

Regulation .03 Requirement to Be Approved.Link Copy Citation

The Office has the sole authority to approve each trainer and training session.

An organization or individual may not offer preservice, continued, or core of knowledge training unless the:

(1)

Trainer and the training have met the requirements for approval stated in this chapter; and

(2)

Trainer possesses a valid certificate of approval issued by the Office.

Preservice training shall be offered only by:

(1)

A regionally accredited or approved college or university; or

(2)

An organization or individual approved to offer core of knowledge training by the Office.

Continued training may be offered only by:

(1)

A regionally accredited or approved college or university;

(2)

An approved trainer or training organization with special skills and knowledge relating to the care and education of children or the management of child care programs;

(3)

Child care associations approved to conduct or provide training;

(4)

The Office of Child Care; or

(5)

A local, State, or federal government agency.

Core of knowledge training may be offered only by:

(1)

A regionally accredited or approved college or university;

(2)

Approved trainers or training organizations described in §C of this regulation that meet the requirements of Regulation .07 of this chapter;

(3)

The Office of Child Care; or

(4)

A local, State, or federal government agency.

A certificate of training approval is:

(1)

Valid for a period of 4 years from the effective date stated on the certificate; and

(2)

Renewable.

Regulation .04 Application for Approval.Link Copy Citation

Initial Application. An organization or individual that is not currently approved to provide training to child care providers in Maryland shall:

(1)

File with the Office a written application, on a form provided by the Office, and all required information, including:

(a)

A completed workshop proposal form, provided by the Office, for each workshop to be offered;

(b)

A detailed plan of instruction, which includes:

(i)

Workshop goals and objectives;

(ii)

A course syllabus or training outline that includes time frames for topics covered;

(iii)

Information about how workshop content applies, or can apply, to all children and families, including those with special needs or limited English proficiency skills;

(iv)

A statement of requirements for successful completion;

(v)

A statement of the method or tool used for assessment; and

(vi)

A bibliography;

(c)

Written materials to be used during instruction;

(d)

A sample certificate of completion;

(e)

The evaluation form to be used;

(f)

Documentation that each trainer meets the requirements of Regulation .05 of this chapter;

(g)

A business plan stating:

(i)

Registration practices and procedures; and

(ii)

Policies and procedures regarding course cancellation, refunds, and attendee notification; and

(h)

For an applicant organization, if required by the Office, a copy of the organization's certification by the Maryland State Department of Assessments and Taxation;

(2)

Attend an orientation session offered by the Office to become acquainted with this chapter before submitting an initial application;

(3)

Submit documentation of completion within 1 year by the individual, including each individual for whom an organization seeks trainer approval, of at least 6 clock hours of approved training in the training of adults;

(4)

Agree to abide by the ethical standards for approved trainers and training organizations set by the Office; and

(5)

Furnish three letters of reference, not from relatives, that attest to the capabilities of the applicant as a professional trainer.

Renewal of Approval. An organization or individual wishing to renew the approval shall file a complete written application and all required forms and information with the Office at least 30 calendar days before the current approval expires.

Response of the Office.

(1)

Upon receiving the completed application and all required documentation for a first application or a renewal application, the Office shall determine compliance with the requirements of this chapter by:

(a)

Evaluating the application;

(b)

Reviewing the required documentation; and

(c)

Reviewing any changes related to the applicant which might affect the status of the approval.

(2)

Within 60 calendar days of the applicant's completion of the procedures in §A of this regulation, the Office shall:

(a)

Issue an approval to offer training to child care providers in accordance with the provisions of this chapter if:

(i)

The application is complete;

(ii)

All required documentation has been received; and

(iii)

The Office is satisfied that the applicant meets the requirements of this chapter;

(b)

Deny the initial approval or renewal approval if:

(i)

The individual or organization fails to meet the requirements of this chapter;

(ii)

The Office's evaluation of the application form reveals that the applicant reported false information;

(iii)

The applicant has a documented history of serious or repeated violations of the regulations of Maryland or any other state concerning the care of children or adults that demonstrates a disregard for the health or safety of children;

(iv)

The applicant has had an approval denied or withdrawn before the date on the application being considered unless the Office is satisfied that the condition that was the basis for the denial or withdrawal has been corrected; or

(v)

Based on an evaluation of the character references received or other pertinent information, the Office finds evidence that raises reasonable doubt that the applicant can provide acceptable child care training.

(3)

If the Office denies an application pursuant to §C(2)(b) of this regulation, the Office shall notify the applicant in writing of the denial stating:

(a)

The reason for denial;

(b)

The specific regulation with which the applicant has failed to comply that is the basis for the denial;

(c)

That the applicant may appeal the denial; and

(d)

The procedure to be used if the applicant wishes to appeal the denial.

Regulation .05 Trainer Requirements.Link Copy Citation

Each individual, including an individual who provides training for an organization, applying to offer preservice or core of knowledge training shall have:

(1)

Attained a bachelor’s, master’s, or doctoral degree from an accredited college or university 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;

(2)

Completed at least one course in:

(a)

Child development; and

(b)

Curriculum development;

(3)

As applicable, completed course work requirements of COMAR 13A.16.06 as they apply to the age group covered in the core of knowledge or preservice training; and

(4)

At least 4 years of experience working in a child care setting directly with children of the age group to be discussed in the course.

Each individual, including an individual who provides training for an organization, applying to offer continued training shall have at least one of the following:

(1)

An associate's, bachelor's, master's, or doctoral degree from an accredited college or university 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;

(2)

A valid credential or certification in:

(a)

Early childhood education;

(b)

Elementary education; or

(c)

Care of children;

(3)

At least 4 years of experience working in a child care setting directly with children of the age group to be discussed in the course; or

(4)

A combination of education and experience sufficient to substantiate the applicant's special skills or expertise in the training area.

A trainer who does not meet the experience criteria may substitute documentation of employment as an instructor of early childhood education, elementary education, or a related field from an accredited college or university.

Each individual, including an individual who provides training for an organization, who becomes approved to offer preservice, continued, or core of knowledge training shall:

(1)

Attend at least two quarterly training meetings, held by the Office, per year; and

(2)

Document completion, within the initial 4-year period of approval and each subsequent 4-year period of approval, 24 clock hours of approved training related to:

(a)

The training of adults; or

(b)

The discipline for which the individual is approved.

An organization or individual applying to offer preservice training, continued training, or core of knowledge training may not:

(1)

Be the subject of an action to suspend or revoke a child care center license or family day care registration;

(2)

Have a documented history of regulatory violations; or

(3)

Have had a child care center license or a family day care registration suspended or revoked.

At the time of application to provide training, each individual contracted by an organization to provide training shall submit to the Office proof of meeting the requirements of this regulation.

Regulation .06 Conflict of Interest.Link Copy Citation

If an approved trainer provides training exclusively to a coworker that the coworker intends to use to satisfy applicable staff training requirements under COMAR 13A.16, the trainer shall notify the coworker that the training may not count toward satisfaction of those requirements.

If the trainer is an employee of a child care center, the trainer may not provide training exclusively for the staff of that center.

Regulation .07 Administrative Responsibilities.Link Copy Citation

An approved individual or organization shall:

For a period of 4 years, maintain records for each trainer, including:

(1)

The trainer's application and any documentation of qualifications;

(2)

Topics the trainer is approved to teach; and

(3)

The age group or groups for which the trainer is approved;

For a period of 4 years, maintain records of training provided, including the:

(1)

Title of the workshop or course;

(2)

Workshop or course synopsis;

(3)

Number of clock hours;

(4)

Description of the population attending the workshop or course;

(5)

Dates each workshop or course was presented;

(6)

Names of the individuals attending each workshop or course;

(7)

Completed evaluation forms; and

(8)

Documentation of the assessment for successful completion used;

Provide each training participant with a signed certificate or receipt indicating successful completion of each workshop or course which includes the:

(1)

Title of the workshop or course;

(2)

Number of clock hours received;

(3)

Date of the workshop or course;

(4)

Content area;

(5)

Name of the presenter;

(6)

Approval number assigned by the Office; and

(7)

If applicable, logo or name of the sponsoring organization;

Submit by the 15th of January, April, July, and October of each year of approval, on a form provided by the Office, a report of all training activities conducted during the previous 3 months; and

Have on file and make available upon request by the Office a statement of business practices, which includes policies on:

(1)

Registration;

(2)

Fee structure;

(3)

Session cancellation;

(4)

Refunds;

(5)

The requirements for successful completion; and

(6)

The issuance of training certificates.

Regulation .08 Complaints.Link Copy Citation

The Office shall:

Investigate each complaint pertaining to the notice, content, or quality of training offered by an approved trainer or training organization; and

Prepare a written report of the findings of the investigation.

Regulation .09 Monitoring.Link Copy Citation

An approved trainer shall:

(1)

Permit observation of training by an agency representative at any time during the training; and

(2)

Upon request, make the records required by this chapter available to an agency representative.

An agency representative may observe a training session without prior notice to the trainer.

An approved trainer may request satisfactory identification from an agency representative.

Regulation .10 Sanctions.Link Copy Citation

If an approved trainer or training organization violates a requirement under this chapter or is the subject of an action to suspend or revoke a child care license or family day care registration, the Office may:

(1)

Enter into an agreement with the approved individual or organization detailing requirements for remedying the violation and achieving compliance; or

(2)

Withdraw the approval.

If the Office decides to withdraw the approval, the Office shall notify the approved trainer or training organization in writing 20 calendar days before the effective date of the withdrawal, stating the:

(1)

Effective date of the withdrawal;

(2)

Reason for the withdrawal;

(3)

Regulatory violation which is the basis for the withdrawal; and

(4)

Right of the trainer or organization to appeal the decision of the Office.

Regulation .11 Appeal.Link Copy Citation

An appeal may be requested regarding a decision of the Office to deny or withdraw the approval of:

(1)

An individual trainer;

(2)

A training organization; or

(3)

A specific training.

An appeal shall be submitted to the Office in writing, on a form supplied by the Office, within 30 days after the date of the denial or withdrawal letter.

The Training Review Committee shall:

(1)

Have full and final authority to hear and decide each appeal;

(2)

Render its decision on an appeal within 30 calendar days of the appeal filing; and

(3)

Within 5 working days after rendering a decision, notify the appellant of that decision.

If the Training Review Committee upholds the appeal, the Office shall grant or reinstate the approval, in writing, within 5 working days of the decision of the Committee.

Chapter 09. Maryland Child Care Credential Program

Regulation .01 Scope.Link Copy Citation

This chapter governs the operation of the Maryland Child Care Credential Program and sets forth the:

Requirements for participation in the program;

Process for application into the program;

Basis and procedure for making determinations and awards; and

Penalties for providing false information in order to obtain an award.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Accreditation” means the assessment of a child care facility by an accreditation organization approved by the Office, such as, but not limited to, the:

(a)

Maryland State Department of Education;

(b)

National Association for the Education of Young Children;

(c)

National Association for Family Child Care; or

(d)

National Early Childhood Professional Accreditation.

(2)

“Annual family income” means the combined annual adjusted gross income, as reported for federal tax purposes, of all members of the applicant's household.

(3)

“Applicant” means an individual applying for:

(a)

Participation in the credential program;

(b)

Funding through training vouchers; or

(c)

Funding through the Child Care Career and Professional Development Fund.

(4)

“Approved course work” means approved courses taken for credit from a regionally accredited college or university that includes at least one course in each of the following topic areas:

(a)

Child development;

(b)

Early childhood materials and methods;

(c)

Special education;

(d)

Administration and management of a child care program;

(e)

Infants and toddlers;

(f)

School-age children;

(g)

Health, safety, and nutrition; and

(h)

Language and literacy.

(5)

“Approved degree program” means a program of college courses leading to a degree in:

(a)

Early childhood education;

(b)

Child development;

(c)

Elementary education; or

(d)

A related field as approved by the Office.

(6)

“Approved setting” means a:

(a)

Licensed child care center;

(b)

Registered family child care home, including a large family child care home;

(c)

Nursery school;

(d)

Public or private school;

(e)

Parks and recreation program; or

(f)

Similar program recognized by the Office of Child Care.

(7)

“Approved trainer” means an individual or organization that has been evaluated and approved by the Office to offer training to child care providers.

(8)

“Award” means any payment of money, or the issuance of a training voucher, by the Office under this chapter.

(9)

“Benefits” means one or more employer incentives available to child care program staff that include, but are not limited to, health coverage, 401K plan, profit sharing, paid vacation leave, sick leave, holiday leave, and release time for training.

(10)

“Child care professional activity” means an activity or group of activities related to the child care profession, such as:

(a)

Professional association membership;

(b)

Work with State or national accreditation organizations;

(c)

Peer mentoring; or

(d)

Conducting training.

(11)

“Child care facility” means a:

(a)

Registered family child care home, including a large family child care home;

(b)

Licensed child care center;

(c)

Letter of compliance facility; or

(d)

Child care program authorized by the U.S. Department of Defense.

(12)

“Child care professional activity unit” means the amount of credit given to an individual professional activity for the purpose of determining a credential level.

(13)

“Clock hour” means 1 hour (60 minutes) on the clock.

(14)

“College” means an accredited college or university that is approved by the Office.

(15)

“Continued training” means approved training that is taken on an annual or continuing basis to fulfill the requirements of this chapter and of:

(a)

COMAR 13A.15;

(b)

COMAR 13A.16;

(c)

COMAR 13A.17; or

(d)

COMAR 13A.18.

(16)

“Core of knowledge” means the competencies, which include child development, curriculum, special needs, professionalism, community and health, safety, and nutrition, that are identified by the Office as essential for all individuals working in the child care delivery system.

(17)

“Core of knowledge training” means training that has been evaluated and approved by the Office as meeting the standards for the core of knowledge and the requirements of:

(a)

COMAR 13A.15;

(b)

COMAR 13A.16;

(c)

COMAR 13A.17; or

(d)

COMAR 13A.18.

(18)

“Credential” means the credential from the Maryland Child Care Credential Program.

(19)

“Credential level” means a level of the Maryland Child Care Credential program that designates achievement of a predetermined amount of professional education, experience, and activity.

(20)

“Credential achievement bonus” means a cash payment awarded to a program participant who achieves, or renews program participation at, a specified credential level.

(21)

“Degree” means the completion of a course of study from an accredited college or university located in:

(a)

The United States;

(b)

A United States territory; or

(c)

A foreign country, if the degree has been:

(i)

Translated into English; and

(ii)

Determined to meet standards equivalent to a degree issued in the United States.

(22)

“Experience” means working directly with children in a:

(a)

Child care facility; or

(b)

Supervised program, such as a:

(i)

Nursery school;

(ii)

Public or private school;

(iii)

Parks and recreation program; or

(iv)

Similar program recognized by the Office of Child Care.

(23)

“Fund” means the Child Care Career and Professional Development Fund.

(24)

“Grantee” means an individual who has received an award under this chapter.

(25)

“Lead staff” means the director of a child care facility or a child care facility staff member designated to be in charge of the facility or a classroom of children at a given time during the facility’s approved hours of operation.

(26)

“Office” means the Office of Credentialing under the Office of Child Care, State Department of Education

(27)

“One year of college” means the successful completion of 30 college credit hours.

(28)

“One year of college course work” means not less than 30 college credit hours from a regionally accredited college or university that have been successfully completed for credit.

(29)

“One year of experience” means:

(a)

1,800 clock hours of experience working with children from birth through 5 years old; or

(b)

400 clock hours of experience working with children 6 years old through 16 years old.

(30)

“Participant” means an individual who participates in the Maryland Child Care Credential program.

(31)

“Points” means the numerical value assigned to a specified activity or accomplishment that may be counted toward qualification for a specified credential level.

(32)

“Pre-service training” means training that is received:

(a)

Through a college or university; or

(b)

To meet initial employment qualification requirements established for registered family child care homes, licensed child care centers, or letter of compliance facilities.

(33)

“Provider” means:

(a)

A registered family child care provider or co-provider;

(b)

An approved additional adult in a registered family child care home;

(c)

The director of a child care facility; or

(d)

A staff member in a child care facility.

(34)

“Related discipline” means the completion of at least 15 college credit hours of approved core of knowledge coursework.

(35)

“Staff member” means an individual, other than a volunteer or a substitute, who is assigned responsibility for child care in a child care facility and, if applicable, whose assignment helps to maintain required staff/child ratios.

(36)

“Successful completion” means meeting the requirements of a:

(a)

Workshop, training, or seminar for which a certificate of completion is received; or

(b)

College course taken for credit in which a grade of “C” or higher is earned.

(37)

“Training” means a workshop, seminar, or other course, whether completed for credit or noncredit, that is offered by a college, university, or approved trainer.

(38)

“Training voucher” means a coupon given by the Office to a participant to purchase pre-service or conference training from an approved training source.

(39)

“Transcript” means an official statement from a college or university which identifies the:

(a)

Student;

(b)

Institution;

(c)

Primary course of study;

(d)

Dates of attendance;

(e)

Courses taken;

(f)

Grades received;

(g)

Number of credits completed; and

(h)

Degree awarded, if applicable, and the date of the award.

Regulation .03 General Requirements.Link Copy Citation

To qualify at each credential level, an applicant shall meet the requirements for that level.

Eligibility for Participation.

(1)

Participation in the credential program is limited to providers, as defined at Regulation .02B(33) of this chapter.

(2)

The following individuals who are employed or serve in a child care facility are not eligible to participate in the credential program:

(a)

Substitutes;

(b)

Volunteers;

(c)

Support staff, such as clerical workers and van drivers, who do not have child care responsibilities and, if applicable, whose assignment does not help to maintain required staff/child ratios;

(d)

A family child care provider, child care center operator, or letter of compliance facility operator whose registration certificate, center license, or letter of compliance is the subject of suspension or revocation action; and

(e)

A provider who has a documented history of confirmed complaints involving serious harm to a child in care including but not limited to child abuse, child neglect, injurious treatment of a child, or child supervision.

Upon applying to participate in the credential program, an applicant shall agree to:

(1)

Continue working in a child care setting for not less than 1 year from the date of acceptance into the credentialing program;

(2)

Complete continued training for the applicable credential level under Regulation .04 of this chapter; and

(3)

Pursuant to Regulation .04 of this chapter, complete the appropriate number of child care professional activity units for the applicable credential level.

Term and Renewal of Credential. At each credential level, a credential:

(1)

Is issued for a 12-month period; and

(2)

May be renewed annually under Regulation .05D of this chapter.

Regulation .04 Child Care Credential Requirements.Link Copy Citation

Staff Credential 1. The only qualification for a level 1 credential shall be:

(1)

Current registration as a family child care provider or co-provider; or

(2)

Qualification by the Office as a child care facility:

(a)

Director; or

(b)

Staff member.

Staff Credential 2. Qualification for a level 2 credential requires:

(1)

Successful completion of 45 clock hours of core of knowledge training, of which 20 clock hours shall be in child development; and

(2)

Completion of one child care professional activity unit within the 12 months before applying for participation.

Staff Credential 3. Qualification for a level 3 credential requires:

(1)

Successful completion of 90 clock hours of core of knowledge training, of which a minimum of 20 clock hours each shall be in child development and in curriculum development;

(2)

Completion of two child care professional activity units within the 12 months before applying for participation; and

(3)

Completion of:

(a)

1 year of experience working directly with children in an approved setting;

(b)

1 year of college; or

(c)

A combination of experience and college equal to 1 year.

Staff Credential 4. Qualification for a level 4 credential requires:

(1)

Successful completion of 135 clock hours of core of knowledge training, consisting of:

(a)

45 clock hours in child development;

(b)

30 clock hours in curriculum development;

(c)

20 clock hours in health, safety, and nutrition;

(d)

15 clock hours in special needs;

(e)

15 clock hours in professionalism; and

(f)

10 clock hours in community issues;

(2)

Completion of three child care professional activity units within the 12 months before applying for participation; and

(3)

Completion of 2 years of experience working directly with children in an approved setting.

Staff Credential 4 Plus. Qualification for a level 4 plus credential requires a participant to:

(1)

Successfully complete 135 clock hours of core of knowledge training as specified at §D(1) of this regulation;

(2)

Take part in at least four child care professional activity units within the 12 months before applying for participation;

(3)

Complete a minimum of 2 years of experience working directly with children in an approved setting; and

(4)

Meet one of the following requirements:

(a)

Hold current accreditation as a family child care provider;

(b)

Complete at least:

(i)

15 college credit hours of approved course work that includes courses in child development and curriculum planning; and

(ii)

7 additional years of experience working with children in an approved setting; or

(c)

Enroll in an approved degree program that includes at least one early childhood course and accumulate 55 points by earning 5 points for completing each additional:

(i)

Early childhood course for credit; or

(ii)

Year of experience working with children in an approved setting.

Staff Credential 5. Qualification for a level 5 credential requires a participant to:

(1)

Complete a minimum of 2 years of experience working directly with children in an approved setting;

(2)

Take part in four child care professional activity units; and

(3)

Complete one of the following:

(a)

An associate degree with 15 college credit hours of approved course work that includes courses in child development and curriculum planning;

(b)

30 college credit hours of approved course work that includes at least one course in each of the following areas:

(i)

Child development;

(ii)

Curriculum planning;

(iii)

Health and safety;

(iv)

Special needs;

(v)

Working with school-age children;

(vi)

Working with infant and toddler-age children;

(vii)

Language and literacy; and

(viii)

Administration of child care programs; or

(c)

15 college credit hours of approved course work, enrolled in an approved degree program, and accumulate 45 points by earning 5 points for completing each additional:

(i)

Early childhood course for credit; or

(ii)

Year of experience working with children in an approved setting.

Staff Credential 6. Qualification for a level 6 credential requires a participant to complete:

(1)

At least 2 years of experience working directly with children in an approved setting;

(2)

At least 5 child care professional activity units within the 12 months before applying for participation; and

(3)

One of the following:

(a)

A bachelor's, master's, or doctoral degree from an accredited college or university in:

(i)

Early childhood education;

(ii)

Elementary education;

(iii)

Special education;

(iv)

Family studies;

(v)

Child development; or

(vi)

A related discipline; and

(b)

At least one course in:

(i)

Child development; and

(ii)

Curriculum development; or

(c)

Complete:

(i)

A bachelor's, master's, or doctoral degree in a nonrelated field; and

(ii)

30 semester hours of approved course work that includes courses in child development and curriculum planning; or

(d)

Complete an associate or higher degree with 15 semester hours of approved course work, enroll in an approved degree program, and accumulate 45 points by earning 5 points for each additional:

(i)

Early childhood course for credit; or

(ii)

Year of experience working with children in an approved setting.

Administrator Credential 1. Qualification for a level 1 credential requires completion of:

(1)

2 years of experience working directly with children in an approved setting;

(2)

Four child care professional activity units within the 12 months before applying for participation; and

(3)

240 clock hours of core of knowledge training, consisting of:

(a)

45 clock hours in child development;

(b)

45 clock hours in curriculum development;

(c)

45 clock hours in health, safety, and nutrition;

(d)

45 clock hours in special needs;

(e)

45 clock hours in professionalism; and

(f)

15 clock hours in community issues.

Administrator Credential 2. Qualification for a level 2 credential requires completion of:

(1)

2 years of experience working directly with children in an approved setting;

(2)

Five child care professional activity units within the 12 months before applying for participation;

(3)

240 clock hours of core of knowledge training consisting of:

(a)

45 clock hours in child development;

(b)

45 clock hours in curriculum development;

(c)

45 clock hours in health, safety, and nutrition;

(d)

45 clock hours in special needs;

(e)

45 clock hours in professionalism; and

(f)

15 clock hours in community issues; and

(4)

Either:

(a)

The National Administrator's Credential; or

(b)

At least 30 semester hours of college course work in an approved course of study.

Administrator Credential 3. Qualification for a level 3 credential requires completion of:

(1)

4 years of experience working directly with children in an approved setting;

(2)

Five child care professional activity units within the 12 months before applying for participation; and

(3)

An associate degree from an accredited college that includes:

(a)

15 college credit hours of course work related to business management or administration; and

(b)

One course for credit in each of the following areas:

(i)

Child development;

(ii)

Curriculum development; and

(iii)

Administration of child care programs.

Administrator Credential 4. Qualification for a level 4 credential requires completion of:

(1)

5 years of experience working directly with children in an approved setting;

(2)

Six child care professional activity units within the 12 months before applying for participation;

(3)

45 clock hours of training in the area of mentoring and coaching staff;

(4)

A bachelor's, master's, or doctoral degree from an accredited college or university in:

(a)

Business administration;

(b)

Public administration and management;

(c)

Public school administration;

(d)

A degree as specified at §G(3) of this regulation; or

(e)

A related discipline; and

(5)

One course for credit in each of the following areas:

(a)

Child development;

(b)

Curriculum development; and

(c)

Administration of child care programs.

Regulation .05 Application for Credential.Link Copy Citation

A separate application is required for each level of a Staff Credential or an Administrator Credential.

Application for Participation.

(1)

The Office shall accept applications only from individuals.

(2)

To participate, each applicant shall submit to the Office a complete application, which includes:

(a)

An application form, supplied by the Office, which is completed and signed by the applicant;

(b)

Documentation of all:

(i)

Workshops, conferences, and seminars completed within 5 years before the date of application;

(ii)

College course work for credit, preservice course work, Child Development Associate certification, or military child development training regardless of date completed; and

(c)

Documentation of participation in child care professional activities which includes but is not limited to a membership card, letter of participation, or certificate of recognition.

(3)

An applicant for a Staff Credential or Administrator Credential at level 2 or higher shall submit:

(a)

All documentation specified in §B(2) of this regulation; and

(b)

Documentation of experience, which shall consist of:

(i)

A letter from each employer that states the dates of employment, position held, and age group of children worked with;

(ii)

A copy of the applicant's college transcript indicating 1 year of college course work; or

(iii)

A copy of the applicant’s current family child care registration certificate with at least one child attendance sheet completed during the past 12 months.

(4)

An applicant for a Staff Credential 5, Staff Credential 6, Administrator Credential 3, or Administrator Credential 4 shall submit:

(a)

All documentation specified in §B(2) and (3) of this regulation; and

(b)

Documentation of the applicant's college degree, which shall consist of a copy of the:

(i)

Awarded diploma; and

(ii)

College transcript.

The Office may not accept a foreign diploma or academic transcript for credential application purposes unless it has been translated and evaluated by an approved evaluation organization.

Notification to Applicant. Within 60 days of receiving an application, the Office shall notify the applicant of the status of the application.

Renewal. Within 30 days after the credential expires, a participant who wants to renew shall submit to the Office:

(1)

A completed application for renewal; and

(2)

Documentation that each of the following has occurred, as required, during the 12-month period for which the credential was issued:

(a)

Continued employment; and

(b)

Completion of the following continuing training and child care professional activity unit requirements applicable to the participant's credential level:

Regulation .06 Credential Achievement Bonus.Link Copy Citation

A credential program participant shall receive an achievement bonus upon:

(1)

Initial entry into the credential program at Staff Credential or Administrator Credential level 2 or higher; and

(2)

Achievement thereafter of:

(a)

Each successively higher credential level; or

(b)

Annual approval at:

(i)

Staff Credential levels 4 Plus through 6; or

(ii)

Administrator Credential levels 2 through 4.

An achievement bonus shall be awarded:

(1)

One time only at:

(a)

Staff Credential levels 2 through 4; and

(b)

Administrator Credential level 1; and

(2)

Annually for:

(a)

Staff Credential levels 4 Plus through 6; and

(b)

Administrator Credential levels 2 through 4.

To receive an achievement bonus, a participant shall:

(1)

Meet the requirements for Staff Credential or Administrator Credential level 2 or higher as set forth at Regulation .04B or I, as applicable, of this chapter; and

(2)

File an application pursuant to Regulation .05E of this chapter.

Upon verification by the Office that the participant has met the requirements for an achievement bonus, the Office shall award a bonus of at least the amount set forth in the following schedule:

Regulation .07 Training Vouchers and Reimbursement.Link Copy Citation

Eligibility for a training voucher or reimbursement is limited to individuals participating in the credential program at level two or higher.

During the 12-month credential period, a participant may receive not more than $400 in training vouchers and reimbursements to pay for the cost of approved core of knowledge training.

Application for Training Vouchers.

(1)

An application for a training voucher shall be accepted only for a pre-service training, a Statewide conference, or a national conference.

(2)

The Office shall accept an application for a training voucher only from an individual.

(3)

Not less than 60 days before the date of the training for which the voucher will be used, the individual shall submit to the Office a complete application, which includes:

(a)

An application form, supplied by the Office, that is completed and signed by the participant; and

(b)

Documentation of the training for which the voucher will be used, which shall include a copy of the:

(i)

Course catalog description;

(ii)

Registration form; or

(iii)

Conference training advertisement.

Subject to funding availability, the Office shall, within 30 days of the receipt of the application, approve an applicant to receive a training voucher if the:

(1)

Application is received not less than 60 days before the training date;

(2)

Application is complete;

(3)

Amount requested does not exceed $400; and

(4)

Applicant is eligible to receive a voucher.

Application for Training Reimbursement.

(1)

An individual may request and receive reimbursement for training if the:

(a)

Training meets the requirements of the core of knowledge;

(b)

Training has been successfully completed not more than 180 days before the date of the request; and

(c)

Individual has not received more than $400 in training vouchers or reimbursements within the individual’s current credentialing period.

(2)

Not more than 180 days after the successful completion of the training for which the reimbursement is sought, the individual shall submit to the Office a complete application, which includes:

(a)

An application form, supplied by the Office, that is completed and signed by the participant; and

(b)

Documentation of the training for which the reimbursement is sought, which shall include a copy of the:

(i)

Course catalog description or training advertisement;

(ii)

Grade slip, transcript, or certificate of completion; and

(iii)

Receipt for payment indicating the amount paid.

(3)

Subject to funding availability, the Office shall approve an applicant to receive training reimbursement if the:

(a)

Application is received not later than 180 days after the completion of training;

(b)

Application is complete;

(c)

Amount requested does not exceed $400; and

(d)

Applicant is eligible to receive a reimbursement.

If the applicant is eligible, the Office shall:

(1)

Award a training voucher to the applicant for the training and the amount specified on the application; or

(2)

Issue instructions for payment of training reimbursement.

If the applicant is found ineligible for an award, the Office shall:

(1)

Provide written notification to the applicant of the determination of ineligibility; and

(2)

Return to the applicant all application materials submitted.

Assignment of Awards.

(1)

Funding for training vouchers and reimbursement is provided to the Office on an annual basis.

(2)

Awards are assigned according to the incomes of all applicants who are eligible for an award, with higher priority given to lower income applicants.

(3)

Applicants whose annual family income does not exceed the current Maryland median income for their family size shall be given priority to receive training vouchers or reimbursement during that month.

(4)

The Office shall make training voucher and reimbursement awards according to assigned award priority until:

(a)

An award has been made to each eligible applicant; or

(b)

The funding allocation is exhausted.

Upon successful completion of the workshop, seminar, or other course for which a training voucher was issued and used, the participant shall provide to the Office a copy of the:

(1)

Transcript;

(2)

Grade slip;

(3)

Certificate; or

(4)

Documentation given by the instructor that indicates successful completion of the training.

Regulation .08 Child Care Career and Professional Development Fund.Link Copy Citation

Fund Uses and Limitations. An award under the Fund:

(1)

Shall be:

(a)

Applied toward the cost of:

(i)

Tuition;

(ii)

College fees; and

(iii)

Course-required textbooks; and

(b)

Used by a grantee only for the actual expense of college course work incurred subsequent to an award toward completion of:

(i)

A college degree in early childhood education or a related field; or

(ii)

Developmental course work needed to meet prerequisites for a degree program in early childhood education or a related field.

(2)

May not be used to pay for fees or costs, including tuition costs, previously incurred for college enrollment or attendance purposes.

Eligibility to submit an application is limited to individuals who:

(1)

Are participating in the credential program at level 2 or higher;

(2)

Have at least 1 year of documented experience working with groups of children in an approved setting; and

(3)

Have been accepted by an accredited college or university for enrollment in one or more college courses for credit toward a degree in early childhood education or a related field.

Applications.

(1)

The Office shall accept an application only from a provider, as defined at Regulation .02 of this chapter.

(2)

To apply for the Fund, the applicant shall submit to the Office a complete application, which includes:

(a)

An application form, supplied by the Office, which is completed and signed by the applicant; and

(b)

All documentation required by the application form supplied by the Office.

(3)

Priority for an award shall be given to applicants who have not completed any college courses for credit from an accredited college or university.

(4)

Subject to funding availability, the Office shall approve an applicant to receive an award if the:

(a)

Application is complete;

(b)

College has been approved to participate in the Fund; and

(c)

Applicant is eligible to receive an award.

(5)

Upon determination by the Office that an applicant is eligible to receive an award and that funding is available:

(a)

The applicant shall receive an award; and

(b)

An award letter shall be issued to the applicant.

(6)

If an eligible applicant is denied an award due to insufficient award funds, the individual may reapply to be considered for a future award.

(7)

If an applicant is found ineligible for an award, the Office shall:

(a)

Provide written notification to the applicant of the determination of ineligibility; and

(b)

Return to the applicant all application materials submitted.

(8)

Assignment of Awards.

(a)

Funding for the Child Care Career and Professional Development Fund awards is provided to the Office on an annual basis.

(b)

The Office shall make awards annually until:

(i)

An award has been made to each eligible applicant who has submitted a complete application; or

(ii)

The funding allocation is exhausted.

Continuation and Service Requirement. Upon receipt of a Child Care Career and Professional Development Fund award, a grantee shall:

(1)

Be eligible for continued funding as long as:

(a)

An academic grade-point average of 2.5 or higher is maintained in all course work pursued in satisfaction of award requirements;

(b)

The grantee is employed at least 10 hours per week as a provider in an approved child care facility;

(c)

The grantee successfully completes at least two courses during each 12-month period of the grantee’s award; and

(d)

The approved course of study is pursued;

(2)

In relation to the number of college credits, or equivalent, completed or the degree earned due in part or in whole to receipt of a Fund award, commit to continuing employment at least 10 hours per week as a provider for a period of time which is the shortest of:

(a)

1 month for each college credit successfully completed;

(b)

2 years for a completed associate degree; or

(c)

4 years for a completed bachelor's degree;

(3)

If the grantee’s academic grade-point average falls below 2.5, agree to a plan of action established by the Office and the college in order to continue participation in the Fund; and

(4)

If the grantee does not comply with the plan of action specified in §D(3) of this regulation, be ineligible to receive a future Fund award.

Regulation .09 Tiered Reimbursement.Link Copy Citation

Application for Participation.

(1)

The Office shall accept an application to participate in the tiered reimbursement program only from:

(a)

A registered family day care provider who is currently providing child care for at least one unrelated child; or

(b)

An operator of a licensed child care center or letter of compliance facility.

(2)

An applicant for tiered program participation shall make application in a form and format approved by the Office.

(3)

The Office may not consider an application for approval until the applicant has met all requirements set forth in §§B—E of this regulation as applicable.

Applicant Requirements—General. An applicant shall:

(1)

Be currently registered or licensed by the Office of Child Care, Division of Early Childhood Development;

(2)

Hold a family child care registration, child care center license, or letter of compliance that is not the subject of suspension or revocation action;

(3)

Possess the appropriate level of credential for:

(a)

A family child care provider; or

(b)

A minimum of 60 percent of lead staff, if the applicant is the operator of a child care center or a letter of compliance facility;

(4)

Certify that at least 15 minutes are spent daily on reading time with the children in care; and

(5)

If applicable, certify that a policy is in place that bases child care staff salaries on training, experience, and staff evaluation.

Applicants for Tiered Reimbursement, Level 2—Special Requirements. An applicant shall:

(1)

Comply with the requirements in §A(2) of this regulation;

(2)

Initiate a program of accreditation self-study through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;

(3)

Be approved at Credential Level 2;

(4)

Certify that parents are involved in the program in at least two ways; and

(5)

Certify that a nationally recognized rating scale approved by the Office of Child Care, Division of Early Childhood Development, that is appropriate to the setting and age of the children in care has been self-administered.

Applicants for Tiered Reimbursement, Level 3—Special Requirements. An applicant shall:

(1)

Comply with requirements in §A(2) of this regulation;

(2)

Complete a program of accreditation self-study through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;

(3)

Be approved at Credential Level 3;

(4)

Certify that parents are involved in the program in at least four ways; and

(5)

As administered by an Office of Child Care, Division of Early Childhood Development, approved evaluator, achieve a rating of four on a nationally recognized rating scale that is appropriate to the setting and ages of the children in care.

Applicants for Tiered Reimbursement, Level 4—Special Requirements. An applicant shall:

(1)

Comply with requirements in §A(2) of this regulation;

(2)

Achieve program accreditation through the Maryland State Department of Education or a nationally recognized child care accreditation organization approved by the Office of Child Care, Division of Early Childhood Development;

(3)

Be approved at Credential Level 4;

(4)

Certify that parents are involved in the program in at least six ways;

(5)

Except if the program received accreditation during the previous 12-month period, and as administered by an Office of Child Care, Division of Early Childhood Development, approved evaluator, achieve a rating of five on a nationally recognized rating scale that is appropriate to the setting and age of the children in care; and

(6)

If applicable, certify that a policy is in place that offers child care staff benefits based on training, experience, and staff evaluation.

A family child care provider or the operator of a child care center or letter of compliance facility may reapply annually under §A(1) of this regulation.

Denial of Application for Participation.

(1)

The Office may deny an application for participation in the tiered reimbursement program. Notice of the denial shall include the:

(a)

Reason for the denial;

(b)

Regulatory basis for the denial; and

(c)

Procedures for appealing the decision.

(2)

A family child care provider or the operator of a child care center or letter of compliance facility who is denied participation in the tiered reimbursement program by the Office may request an appeal of the decision to the Office's Training Review Committee.

(3)

An applicant may appeal a denial of program participation by submitting to the Office a written appeal, on a form supplied by the Office, within 30 days of the date of application denial.

(4)

The Office's Training Review Committee shall:

(a)

Reach a decision regarding the appeal within 30 days of receiving the appeal; and

(b)

Notify the appellant in writing within 30 days after the appeal decision has been reached.

(5)

If a denial of an application for tiered reimbursement program participation is overturned on appeal to the Training Review Committee, the Office shall approve the application retroactively to the initial application date.

Regulation .10 Prohibitions and Penalties.Link Copy Citation

An applicant, participant, or grantee may not knowingly make or cause to be made any false statement or report:

(1)

In an application or documentation furnished to the Office under the requirements of this chapter; or

(2)

For the purpose of influencing the action of the Office on any matter related to an award, either before or after an award has been made.

Violation of §A of this regulation shall result in:

(1)

Forfeiture of any claim to a:

(a)

Training voucher;

(b)

Bonus award; or

(c)

Child Care Career and Professional Development Fund award; and

(2)

Denial of initial or continued participation, as applicable, in the credential program.

If a participant uses a training voucher and, without good cause, fails to comply with the requirements of Regulation .07I of this chapter, the participant shall be:

(1)

Ineligible to receive further training vouchers; and

(2)

Required to repay the amount of the training voucher to the Office.

If a participant receives an award through the Fund and, without good cause, fails to comply with the requirements of Regulation .08D of this chapter, the participant shall be:

(1)

Ineligible to receive a future award; and

(2)

Required to repay the amount of the award to the Office in proportion to the remaining employment commitment set forth at Regulation .08D(2) of this chapter.

Chapter 10. Child Care Accreditation Support Fund

Regulation .01 Scope.Link Copy Citation

This chapter governs the operation of the Child Care Accreditation Support Fund and sets forth the:

Requirements for applying for an award under the Fund;

Basis and procedure for making an award; and

Penalties for providing false information in order to obtain an award.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Accreditation” means the assessment of a facility by an accreditation organization approved by the Office, such as the:

(a)

Maryland State Department of Education;

(b)

National Association for the Education of Young Children;

(c)

National Association for Family Child Care;

(d)

National Early Childhood Professional Accreditation;

(e)

National School Age Child Care Association; or

(f)

National Accreditation Commission.

(2)

“Applicant” means an individual applying for funding through the accreditation support fund.

(3)

“Application fee” means:

(a)

A fee charged by an approved accreditation organization for:

(i)

Initial application;

(ii)

Renewal of application;

(iii)

Self-study; or

(iv)

Annual Report; or

(b)

Any other fee imposed by the accreditation organization related to an application for, the renewal of, or the maintenance of an accreditation.

(4)

“Award” means any payment of money made by the Office under this chapter.

(5)

“Facility” means a registered family child care home or a licensed child care center.

(6)

“Fund” means the Child Care Accreditation Support Fund.

(7)

“Grantee” means an individual who has received an award under this chapter.

(8)

“Office” means the Credentialing Branch under the Office of Child Care, Division of Early Childhood Development, in the State Department of Education.

(9)

“Program” means the staff, facility, environment, and overall organization of a family child care home or child care center.

(10)

“Program improvement cost” means a cost incurred in purchasing approved instructional materials to meet MSDE accreditation standards.

(11)

“Provider” means a:

(a)

Registered family child care provider; or

(b)

A child care center:

(i)

Operator or director; or

(ii)

Staff member.

(12)

“Self-study” means the instrument issued by the accreditation organization for use by the provider to assess the child care facility.

Regulation .03 Fund Uses and Limitations.Link Copy Citation

An award under the Fund:

(1)

Shall be applied only toward a:

(a)

Fee required for national accreditation; or

(b)

A program improvement cost;

(2)

May be made only to:

(a)

An approved accrediting organization on behalf of a provider for the actual expense of the application fee; or

(b)

The provider as reimbursement for a program improvement cost;

(3)

May not be:

(a)

Used for costs incurred by the applicant for:

(i)

Facility improvement; or

(ii)

Staff training; or

(b)

Made for an amount greater than the actual amount of the:

(i)

Fee charged by the accreditation organization; or

(ii)

Program improvement cost; and

(4)

May not exceed:

(a)

$1,500 for a family child care provider;

(b)

$2,500 for a child care center serving 100 or fewer children; or

(c)

$3,000 for a child care center serving more than 100 children.

This Fund may not pay for the cost of an accreditation fee or a program improvement cost if that cost is already covered by another funding source.

An award may not be made to a provider who has already received an award under the Fund but who has not completed the accreditation process.

The Office may approve reimbursement of a cost only if it was incurred within 12 months before the date of application for accreditation support.

Regulation .04 Applications.Link Copy Citation

The Office shall accept applications only from a:

(1)

Registered family child care provider; or

(2)

Licensed child care owner, operator, or director.

To apply for accreditation support for national accreditation, the applicant shall submit to the Office a complete application, which includes:

(1)

An application form, supplied by the Office, which has been completed and signed by the applicant;

(2)

A copy of the completed application form for accreditation by an approved accreditation organization;

(3)

A copy of the application requirements and fees for the accrediting organization; and

(4)

A statement of the accreditation plan, application fees requested, and timeline to complete the accreditation process.

To apply for reimbursement of a program improvement cost, the applicant shall submit to the Office a complete application, which includes:

(1)

An application form, supplied by the Office, which has been completed and signed by the applicant;

(2)

A statement of the accreditation plan and timeline; and

(3)

Receipts or copies of receipts for the instructional materials purchased.

Subject to funding availability, the Office shall, within 30 days of the receipt of the application, approve an applicant to receive an award if the:

(1)

Application is complete;

(2)

Amount requested does not exceed the:

(a)

Application fee; or

(b)

Program improvement cost; and

(3)

Applicant is eligible to receive an award.

Upon determination by the Office that a facility is eligible to receive support, an award letter shall be issued stating the amount of the award.

If the applicant is found ineligible for an award, the Office shall:

(1)

Provide written notification to the applicant of the determination of ineligibility; and

(2)

Return to the applicant all application materials submitted.

Assignment of Awards.

(1)

Funding for accreditation support is provided to the Office on an annual basis.

(2)

For award purposes, the Office shall divide the annual allocation for accreditation support into 12 equal monthly funding allocations.

(3)

During each month, the Office shall make awards until:

(a)

An award has been made to each eligible applicant; or

(b)

The monthly funding allocation is exhausted.

(4)

At the end of a month, any unused funding allocation for that month shall be:

(a)

Added to the funding allocation for the next month; and

(b)

Available for award purposes during the next month.

Regulation .05 Prohibitions and Penalties.Link Copy Citation

An applicant for an award under the Fund may not make or cause to be made a false statement or report:

(1)

In any application or documentation furnished to the Office under the requirements of this chapter; or

(2)

For the purpose of influencing the action of the Office on any matter related to an award, either before or after the award has been made.

Violation of §A of this regulation shall result in forfeiture of any claim to an award under the Fund.

Chapter 11. Child Care Quality Incentive Grant Program

Regulation .01 Scope.Link Copy Citation

These regulations set forth the:

Purpose of the Child Care Quality Incentive Grant Program;

Requirements for applying for an award under the Program;

Basis and procedure for making an award; and

Penalties for false application.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated:

Terms Defined.

(1)

“Administration” means the Office of Child Care.

(2)

“Applicant” means an individual who has applied to the Administration for a grant.

(3)

“Award” means the grant amount awarded through the Program to an approved applicant.

(4)

“Child care facility” means a:

(a)

Child care center that is currently licensed to operate pursuant to COMAR 13A.16; or

(b)

Nursery school or child care program that operates under a current letter of compliance pursuant to COMAR 13A.17.

(5)

“Child care provider” means a family day care provider or child care facility.

(6)

“Department” means the State Department of Education.

(7)

“Family day care provider” means an individual who holds a current certificate of registration to operate a family day care home pursuant to COMAR 13A.15.

(8)

“Grantee” means an individual who has received an award through the Program.

(9)

“Local department” means a department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services.

(10)

“Program” means the Child Care Quality Incentive Grant Program.

(11)

“Purchase of Child Care program (POC)” means the system of providing child care subsidies for eligible families which local departments pay to child care providers pursuant to COMAR 13A.14.06.

(12)

“Regulatory action” means any action to suspend or revoke a child care provider's license or registration, or a compliance agreement involving the health, safety, or welfare of children receiving care.

Regulation .03 Program Uses and Limitations.Link Copy Citation

The purpose of this Program is to provide grant funds to child care providers to pay expenses authorized by the Department to enhance the quality of child care.

Grant funds shall be provided in the form of awards.

Awards shall be made only to eligible child care providers to improve the quality of care they provide through the purchase of approved materials, equipment, and supplies.

A child care provider may not be approved for more than one award in a 3-year period.

Regulation .04 Applications.Link Copy Citation

The Administration shall accept applications for an award only from currently operating child care providers.

To apply for an award, a child care provider shall submit to the Administration a completed application, which includes:

(1)

An application form supplied by the Administration that is completed and signed by the applicant;

(2)

Itemization of known and estimated costs of supplies, materials, and equipment for which funds are sought;

(3)

The amount of funds available to the applicant to purchase supplies, materials, and equipment;

(4)

The total amount of direct incentive grant funds requested from the Department;

(5)

At the time of application:

(a)

The total number of children enrolled in the applicant's child care program; and

(b)

The number of children receiving child care subsidies through the POC program;

(6)

An explanation of how each item will be used to enhance the quality of care provided to enrolled children;

(7)

The name and location of the nearest public elementary school; and

(8)

Any other relevant information required by the Administration.

Determination and Notification of Eligibility.

(1)

Awards may be made only to:

(a)

Child care facilities:

(i)

Located in Title I communities; or

(ii)

In which at least 25 percent of the children enrolled receive child care subsidies through the POC program; or

(b)

Family day care homes that serve children who receive child care subsidies through the POC program.

(2)

An applicant may be determined eligible for an award if:

(a)

The application is complete;

(b)

The applicant is not in arrears in the payment of any money owed to the State; and

(c)

The applicant is currently licensed or registered by the Administration and is not subject to any pending or ongoing regulatory action.

(3)

The Administration shall determine and notify an applicant of eligibility within 35 calendar days after a complete application is received by the Administration.

(4)

Determination by the Administration that an applicant is eligible for an award does not entitle an applicant to an award.

(5)

If an applicant is found eligible for an award, the applicant shall be notified that, pursuant to Regulation .05 of this chapter, an award shall be determined on the basis of:

(a)

Award priority; and

(b)

The availability of funding.

(6)

If the applicant is found ineligible for an award, the Administration shall specify in writing the reason for ineligibility.

Regulation .05 Awards.Link Copy Citation

For award purposes, the Administration shall:

(1)

Divide the annual allocation into four equal portions to be awarded quarterly during January, April, July, and October;

(2)

Divide the funding allocation equally between family day care providers and child care facilities; and

(3)

During any quarter, transfer remaining funds allocated to one category of provider to the other, if necessary to fund eligible applicants.

Maximum Grant Amounts.

(1)

A child care facility that serves:

(a)

29 or fewer children may be awarded a grant of up to $1,500; and

(b)

30 or more children may be awarded a grant of up to $2,500.

(2)

A family day care provider may be awarded a grant of up to $1,000.

During each quarter, the Administration shall provide awards according to the assigned award priority until the earlier of when:

(1)

An award has been made to each eligible applicant; or

(2)

The quarterly allocation of funding is exhausted.

Within 60 days of receiving an award, the grantee shall submit receipts or copies of receipts for all equipment, supplies, and materials purchased with the award.

Reconsideration for an Award.

(1)

If, due to exhaustion of the quarterly funding allocation, an award is not made to an applicant on the basis of the applicant's first quarter of eligibility, the application shall be held for reconsideration until the end of the State fiscal year in which the application was made.

(2)

An applicant who does not receive an award may reapply for an award during any future fiscal year.

At the end of a quarter, any unused funding allocation for that quarter shall be:

(1)

Added to the funding allocation for the next quarter; and

(2)

Made available for award purposes.

The Administration may make an award for less than the amount requested by the applicant, but may not make an award for more than the amount requested.

Regulation .06 Prohibition and Penalties.Link Copy Citation

A person may not knowingly make or cause to be made any false statement or report:

(1)

In any application or document furnished to the Administration under this chapter; or

(2)

For the purpose of influencing the action of the Administration on:

(a)

An application for an award; or

(b)

Any matter related to an award, whether or not the award has been made.

Any person who violates this regulation, or assists another person to violate this regulation, is subject to the penalties set forth in Family Law Article, §5-594.7, Annotated Code of Maryland.

Chapter 12. Maryland After-School Opportunity Fund Program

Repealed

Chapter 13. Educational Programs in Nonpublic Nursery Schools

Transferred to COMAR 13A.16.16 and COMAR 13A.17.14

Chapter 14. Maryland EXCELS

Regulation .01 Scope.Link Copy Citation

This chapter governs the operation of the Maryland EXCELS program and sets forth the:

Requirements for participation in the program; into the program;

Process for application into the program;

Basis and procedure for making determinations and awards; and

Penalties for providing false information in connection with applying for program participation or obtaining an award under the program.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Acceptance” means the date on which a child care provider’s application for participation in Maryland EXCELS has been accepted.

(2)

“Annual update” means the information required to renew a Maryland EXCELS quality rating.

(3)

“Child care center” means a child care program that is operated pursuant to COMAR 13A.16 or by any branch of the military under applicable military child care regulations.

(4)

“Early care and education (ECE) program” means a:

(a)

Family child care home;

(b)

Large family child care home;

(c)

Child care center, including a center approved to serve only school-aged children; or

(d)

Public prekindergarten program operated by a local education agency.

(5)

“EXCELS public portal” means the Internet site, located at www.marylandexcels.org, established to help manage the operations of Maryland EXCELS.

(6)

“Family child care home” means a child care program that is operated pursuant to COMAR 13A.15 or by any branch of the military under applicable military child care regulations.

(7)

“Large family child care home” means a child care program that is operated pursuant to COMAR 13A.18 or by any branch of the military under applicable military child care regulations.

(8)

“Letter of compliance facility” means a child care program that is operated pursuant to COMAR 13A.17

(9)

“License enforcement action” means a suspension, emergency suspension, or revocation action taken by the Office against the registration or license of an ECE program that operates pursuant to COMAR 13A.15, COMAR 13A.16, COMAR 13A.17, or COMAR 13A.18.

(10)

“Local education agency (LEA)” means the governing school board of one of Maryland’s 24 local jurisdictions.

(11)

“Maryland EXCELS” means the State’s tiered quality rating and improvement system for early care and education programs.

(12)

“Maryland EXCELS Advisory Committee” means the group of individuals designated by the Office to conduct a review of decisions made by the Office regarding ECE program quality ratings.

(13)

“Office” means the Office of Child Care, which is housed within the Maryland State Department of Education and is responsible for administering Maryland EXCELS.

(14)

“Participation” means a status indicating that an ECE program’s application to participate in Maryland EXCELS has been accepted and access to the Maryland EXCELS public portal has been granted.

(15)

“Published” means a Maryland EXCELS status indicating that the ECE program has:

(a)

Met the Maryland EXCELS requirements for a specified quality rating; and

(b)

Requested the Office to publish the program’s quality rating as published on the Maryland EXCELS public portal for public viewing.

(16)

“Quality rating” means a determination, represented by a number from 1 through 5, that a participating program has met the criteria applicable to a particular set of Maryland EXCELS standards.

(17)

“Rating cycle” means the 12-month time period when a published quality rating is valid.

(18)

“Standards” means the quality rating criteria published on the EXCELS public portal that comprise the five quality rating content areas of Maryland EXCELS, which are:

(a)

Licensing and Compliance;

(b)

Staff Qualifications and Professional Development;

(c)

Accreditation and Rating Scales;

(d)

Developmentally Appropriate Learning and Practice; and

(e)

Administrative Policies and Practices.

(19)

“Substantial compliance” means that a licensed child care provider has no more than one licensing inspection in the previous 12 months with a finding of noncompliance with applicable child care regulations governing:

(a)

Injurious treatment;

(b)

Child protection;

(c)

Child supervision; or

(d)

Child capacity.

(20)

“Tiered quality rating and improvement system (TQRIS)” means a system that awards ratings based on meeting increasingly higher criteria of program quality and performance.

(21)

“Tiered reimbursement” means a differential child care subsidy payment that is made to a licensed child care program according to the program’s quality rating and the ages of the children served by the program.

Regulation .03 Eligibility Requirements.Link Copy Citation

Eligibility to participate in Maryland EXCELS is limited to a currently operating ECE program, as defined at Regulation .02B(4) of this chapter.

The Office shall accept an application to participate in Maryland EXCELS only from an eligible program.

Regulation .04 Application Process.Link Copy Citation

An ECE program shall apply to participate in Maryland EXCELS through the EXCELS public portal.

To apply for participation in Maryland EXCELS, an ECE program shall:

(1)

Create a user name and password in the EXCELS public portal; and

(2)

Submit a complete application that includes:

(a)

Verification of the program’s license, registration, or approval to operate;

(b)

Documentation of the program’s:

(i)

Name;

(ii)

Full street address and, if different, full mailing address;

(iii)

Days and hours of operation;

(iv)

Child care staffing level;

(v)

Current child enrollment;

(vi)

Primary contact name and email address; and

(vii)

Other information that may be required by the Office.

The Office shall inform the applicant by email of acceptance into Maryland EXCELS within 30 calendar days from the date that a complete application was received by the Office through the EXCELS public portal.

Rejected Application.

(1)

If the Office rejects an application, the Office shall notify the applicant by email within 30 calendar days from the date the application was received by the Office through the EXCELS public portal.

(2)

Notification of rejection shall include the:

(a)

Reason for the rejection; and

(b)

Action that the applicant may take in order for the application to be accepted.

Regulation .05 Publication.Link Copy Citation

Based upon the information provided by the ECE program, the Office shall determine the program’s quality rating level.

A quality rating is achieved by meeting all criteria that apply to one of five levels established by the set of standards applicable to the type of ECE program.

Standards.

(1)

Family child care standards apply to family child care homes and large family child care homes.

(2)

Child care center standards apply to:

(a)

Child care centers, except as set forth at §C(3) of this regulation;

(b)

Head Start programs, whether licensed by the Office or operated by local education agencies;

(c)

Nonpublic nursery schools; and

(d)

Letter of compliance facilities.

(3)

School-age only standards apply to child care centers operating pursuant to COMAR 13A.16 that are approved by the Office to provide child care services only to school-age children.

(4)

Public prekindergarten standards apply to public prekindergarten programs operated by local education agencies.

Quality Rating Review.

(1)

An ECE program may request a review of a decision by the Office to remove, reduce, or deny the program’s quality rating.

(2)

A request for a review shall be submitted to the Office in writing within 30 calendar days after the date of the removal, reduction, or denial of a quality rating.

(3)

The Maryland EXCELS Advisory Committee shall:

(a)

Have authority to hear each request for review; and

(b)

Submit its recommendation to the Office within 30 calendar days of receipt of the request for review.

(4)

Within 5 business days after receiving the recommendation, the Office shall notify the requestor of the review decision.

Request to Publish. Within 12 months from the date of acceptance into Maryland EXCELS, a participating ECE program shall request the Office to publish its quality rating online through the EXCELS public portal.

To publish its quality rating, a participating program shall:

(1)

Upload documentation to the EXCELS public portal showing that the applicable standards have been met;

(2)

Affirm that each item of documentation submitted to show that the program meets quality standards is:

(a)

The original creation of the program; or

(b)

Submitted with permission of the documentation’s original author; and

(3)

Send a request through the EXCELS public portal to publish the program’s quality rating.

The Office may reduce, remove, or deny a published quality rating or a request to publish a quality rating if:

(1)

The ECE program fails to maintain substantial compliance;

(2)

The Office enters an enforcement action against the program’s license, letter of compliance, or registration; or

(3)

A complaint against the program is substantiated for noncompliance with the requirements of this chapter pertaining to:

(a)

Injurious treatment;

(b)

Child protection;

(c)

Child supervision; or

(d)

Child capacity.

Unless determined otherwise by the Office pursuant to §G of this regulation, a published Maryland EXCELS quality rating is valid for 12 months from the date of publication unless determined otherwise by the Office, or:

(1)

The expiration date of the current rating has passed and an annual update has not yet been submitted;

(2)

Substantial compliance is no longer maintained by the program; or

(3)

The Office enters a license enforcement action against the program.

To continue as a published program, the ECE program shall:

(1)

Prior to the expiration of the current rating cycle, submit documentation through the Maryland EXCELS public portal showing that the program continues to meet the requirements applicable to the rating level; and

(2)

Be available to receive site visits as required by the Office.

Regulation .06 Incentives.Link Copy Citation

Program Bonus. Depending on funding availability, a participating program shall receive a program bonus:

(1)

One time only upon initial publication of a quality rating of 1, 2, 3, or 4;

(2)

Upon publishing each successively higher quality rating after the initial publication of a quality rating; and

(3)

Upon initial publication of a quality rating of 5, and thereafter annually upon renewal and republication of a quality rating of 5.

Upon verification by the Office that the participant has met the requirements for a program bonus, the Office shall award a bonus up to the amount set forth in the following schedule, as applicable:

(1)

Child Care Center Program Bonus:

(2)

Family Child Care Program Bonus:

(3)

Large Family Child Care Program Bonus:

Tiered Reimbursement.

(1)

A participating program shall receive a differential payment for Child Care Subsidy reimbursement upon publication of a quality rating level of 3, 4, or 5.

(2)

Upon verification by the Office that the participant has met the requirements for a quality rating level of 3, 4, or 5, the Office shall award the differential payment of at least the amount set forth in the following schedule:

Regulation .07 Penalties.Link Copy Citation

An applicant, participant, or grantee may not knowingly make or cause to be made any false statement or report:

(1)

In an application or documentation furnished to the Office or furnished to the Maryland EXCELS online system under the requirements of this chapter; or

(2)

For the purpose of influencing the action of the Office on any matter related to an award, either before or after an award has been made.

Failure to comply with §A of this regulation shall result in:

(1)

Forfeiture of any claim to a:

(a)

Program bonus; or

(b)

Tiered reimbursement payment; and

(2)

Denial of initial or continued participation in the Maryland EXCELS program.

Chapter 15. Outdoor, Nature-Based Child Care License Pilot Program

Regulation .01 Purpose.Link Copy Citation

The purpose of the Outdoor, Nature-Based Child Care License Pilot Program is to license outdoor, nature-based early learning and child care programs to expand access to affordable, high-quality early learning and child care programs and investigate the benefits of outdoor, nature-based child care and learning environments.

Regulation .02 Authority.Link Copy Citation

The Outdoor, Nature-Based Child Care License Pilot Program is under the authority and supervision of the Department and shall operate for 4 years, beginning in the 2024—2025 school year.

Regulation .03 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Department” means the Maryland State Department of Education.

(2)

“Hazard” means a source of harm that:

(a)

Is not obvious to the child because the potential for injury is hidden; or

(b)

Is obvious to the child but is greater than a child can manage to avoid.

(3)

“Office” means the Office of Child Care within the Department.

(4)

“Operator” means an individual or entity that establishes a pilot under the Program.

(5)

“Pilot” means an early learning or child care program:

(a)

That is primarily operated outdoors; and

(b)

In which children are enrolled on a regular basis for 3 or more hours per day.

(6)

“Program” means the Outdoor, Nature-Based Child Care License Pilot Program.

(7)

“Risk benefit assessment" means a process used to identify and document hazards and risky play elements associated with childhood outdoor play and make plans to mitigate the risk of injury to children while maintaining developmental benefits for children.

(8)

“Risky play” means physical activity and play that is challenging and involves risk of physical injury or getting lost.

Regulation .04 Application.Link Copy Citation

Each pilot applicant shall submit:

An application on a Department approved form;

Any variances requested under Regulation .07 of this chapter;

Comprehensive policies and procedures for each of the program requirements set forth in Regulation .08 of this chapter; and

Any additional documents required by the Department to ensure the health, safety, and welfare of children in care.

Regulation .05 Considerations for Approval.Link Copy Citation

When considering whether to approve a pilot under this chapter, the Department:

Shall give priority to:

(1)

Existing outdoor, nature-based early learning and child care programs that are licensed as camps by the Maryland Department of Health; and

(2)

Existing licensed child care centers or registered family child care homes that participate in the Maryland EXCELS Program and are seeking to expand into outdoor, nature-based early learning;

Shall, to the extent practicable, select a mix of rural, urban, and suburban programs; and

May give priority to:

(1)

Areas where there are few or limited licensed early child care programs; and

(2)

Areas of need where licensed early child care programs are at or near full capacity, and where access may be restricted by enrollment waitlists.

Regulation .06 Approval.Link Copy Citation

Upon receiving a completed application under Regulation .04 of this chapter and all documentation required by law or regulation, the office shall determine compliance with the requirements of this chapter by:

(1)

Evaluating the application and required documentation; and

(2)

Inspecting the setting proposed to be used for the pilot.

Except as specified at §C of this regulation, the office shall, within 60 days after completing the procedures in §A of this regulation:

(1)

Issue the pilot a license;

(2)

Issue the pilot a license with provisional status; or

(3)

Deny the pilot a license.

The office may not issue the pilot a license until child care staff, sufficient in number to meet approved staff/child ratio and group size requirements as they apply to the requested child capacity, have successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records.

Regulation .07 Operator Qualifications.Link Copy Citation

Except as provided in §D of this regulation, the operator of a pilot shall comply with the requirements for a child care center set forth in COMAR 13A.16.

A pilot that seeks to operate an educational program shall comply with the educational program requirements of COMAR 13A.16.16.

An operator may not operate more than one pilot.

Variances. An operator shall specify in the application submitted under Regulation .04 of this chapter any regulations for which the operator seeks a variance to operate the pilot pursuant to COMAR 13A.16.03.08.

Regulation .08 Program Requirements.Link Copy Citation

In addition to the applicable requirements set forth in COMAR 13A.16, the pilot shall meet the requirements of this regulation.

Capacity.

(1)

Notwithstanding any other provision under COMAR 13A.16, the maximum total capacity of the pilot may not exceed 12 children at any one time.

(2)

The office shall determine the capacity of the pilot based on:

(a)

An assessment of the hazards or risks present in the pilot’s location;

(b)

The ability of staff to visually account for children in care;

(c)

The square footage of natural space per child; and

(d)

Applicable zoning, health, safety, and environmental standards or codes of the state and local jurisdiction in which the pilot is located.

(3)

The pilot shall limit the total number of children in care at one time to the capacity approved by the office.

Minimum Age Requirement. A pilot shall enroll only children who are 3 years old or older.

Minimum Staff Requirements. Notwithstanding any other provision under COMAR 13A.16, a pilot shall staff the program at all times with two child care teachers.

(1)

The pilot shall staff the program at all times with one child care teacher who:

(a)

Meets the requirements of COMAR 13A.16.06.09A—B;

(b)

Holds a current certificate indicating successful completion of wilderness first aid training that includes cardiopulmonary resuscitation (CPR) training through the American Red Cross or a program with equivalent standards; and

(c)

Has completed 36-clock hours of training in an outdoor, nature-based teacher certification course or program approved by the Department.

(2)

If the second child care teacher has not met the requirements of §D(1) of this regulation, the individual is eligible for employment as a child care teacher in the pilot program if the individual:

(a)

Meets the requirements of COMAR 13A.16.06.09-01;

(b)

Is enrolled in a wilderness first aid training that includes cardiopulmonary resuscitation (CPR) training through the American Red Cross, or a program with equivalent standards; and

(c)

Is enrolled in 36-clock hours of training in an outdoor, nature-based teacher certification course or program approved by the Department.

Staff Professional Development. Six of the 12 hours of the continuing professional development required by COMAR 13A.16.06.09C shall be related to outdoor, nature-based early learning and child care.

Location.

(1)

A pilot shall:

(a)

Have a permanently located child care and learning environment; or

(b)

Be a roaming program, where resources are brought to the program each day.

(2)

If the operator of the pilot does not own the land on which the pilot program is located, the pilot shall enter into a land use agreement with the property owner permitting the pilot’s operation.

(3)

A pilot shall comply with all applicable zoning, health, safety, and environmental standards or codes of the State and local jurisdiction in which the pilot is located.

(4)

Prior to the arrival of any children, a pilot shall conduct and maintain a log of a daily visual inspection of the areas of the pilot that will be used that day.

(5)

A pilot shall have a method of removing or mitigating any hazards discovered in the inspected areas such as but not limited to:

(a)

Overhead branches;

(b)

Hazardous materials or devices;

(c)

Wildlife or wildlife droppings; or

(d)

Other items that threaten the health, safety, or well-being of children.

Square Footage. The pilot shall:

(1)

Have access to at least 4,000 square feet of natural space; and

(2)

Within the 4,000 square feet of natural space, identify at least 75 square feet per child accessing the space, at any given time that is suitable for vigorous and active play and gross motor activity.

Communication System. A pilot shall maintain a communication system that enables staff to communicate at all times with:

(1)

Other staff;

(2)

Emergency services, including 911 and poison control;

(3)

The Department; and

(4)

Parents and guardians.

Bathroom Use.

(1)

The pilot shall ensure that there is adequate supervision of all children when staff or children are using the toilet.

(2)

A pilot shall provide one of the following options for children and staff to meet their toileting needs:

(a)

A portable chemical toilet designated for use by the pilot that is:

(i)

Nontoxic and formaldehyde-free;

(ii)

Emptied regularly as needed; and

(iii)

Cleaned at least once a day and more often if needed;

(b)

A toilet facility in a public park, nature center, or public facility if:

(i)

Staff check the bathrooms for cleanliness and safety prior to each child’s use; and

(ii)

The pilot provides additional supplies as needed including toilette paper, paper towels, and fragrance free soap.

(c)

If no other toilet options are available, backcountry toileting that complies with:

(i)

The rules of the land use agreement with the landowner;

(ii)

All applicable state and local health, environmental, and zoning standards; and

(iii)

Leave no trace standards requiring the deposit of solid human waste in catholes dug 6 – 8 inches deep at least 200 feet from water, pilot usable play space, and trails.

Diapering.

(1)

A pilot shall have a diapering area that:

(a)

Is separate from areas where food is stored, prepared, or served;

(b)

Is separate from where children play or eat;

(c)

Has an approved handwashing method readily available; and

(d)

Has a sturdy surface or mat that:

(i)

Is not torn or repaired with tape;

(ii)

Is washable;

(iii)

Has a moisture resistant surface that is able to be cleaned and sanitized; and

(iv)

Is large enough to prevent the area under the diaper changing area from being contaminated with bodily fluids.

(2)

A pilot may not leave children unattended on a diaper changing surface or mat during the diaper changing process.

(3)

A pilot shall have and follow each step described in a diaper changing procedure to ensure diaper changing and disposal practices prevent cross-contamination.

(4)

A pilot shall prevent the viewing by members of the public of a partially or fully undressed child during diaper changes.

Safe Water Sources.

(1)

A pilot without access to hot or cold running water shall provide sufficient potable water from an approved source for drinking, food preparation, handwashing, dishwashing, and sanitizing.

(2)

A pilot shall offer drinking water multiple times throughout the day and be always readily available to children.

Rest Areas and Furnishings.

(1)

A pilot shall provide an approved and adequate area for children to rest;

(2)

The floor of the rest area shall be lined with a tarp made of waterproof material that can be cleaned and sanitized.

(3)

A pilot shall provide an age and developmentally appropriate mat for each child to use that is:

(a)

At a minimum, one inch thick;

(b)

Inspected daily before use to ensure that the mat is in good condition and free of:

(i)

Tears;

(ii)

Holes,

(iii)

Repairs;

(iv)

Mold or mildew; and

(v)

Vermin, insect, or other infestation.

(c)

Cleaned, sanitized, and air dried at least once per week or more often as needed if used by only one child, or after each use if used by more than one child; and

(d)

Stored so sleeping surfaces are not touching each other unless cleaned and sanitized after each use.

(4)

The mats shall be arranged so there is at least 18 inches on each side to reduce germ exposure and to allow staff access to each child during sleep time;

(5)

Each child shall have the following bedding:

(a)

A clean sheet or blanket to cover the sleeping surface and a clean blanket to cover the child that is suitable given the child’s size and outdoor temperature; or

(b)

A sleeping bag suitable for outdoor temperatures.

(6)

All bedding shall:

(a)

Be laundered at least once per week or more often as needed; and

(b)

Stored separately from bedding used by another child unless it is cleaned and sanitized after each use.

(7)

The pilot shall use a tarp overhead made of waterproof material to protect resting children from the sun, rain, or other elements.

Food Storage. A pilot shall:

(1)

Have approved, clean, and sanitary food preparation and eating areas; and

(2)

Maintain food at safe temperatures, as defined in COMAR 10.15.03, during storage, preparation, and transportation.

Medication. A pilot shall:

(1)

Require safe medication storage;

(2)

Require reasonable accommodations for giving medication; and

(3)

Maintain all required medication documentation and forms.

Outdoor Clothing and Equipment. A pilot shall provide families with a list of all clothing and equipment necessary to ensure all children:

(1)

Are dressed for weather conditions during outdoor program time; and

(2)

Have extra clothing to meet children’s safety and comfort throughout the day.

Safe Operating Temperatures. The pilot program shall not operate on any day when the MSDE Child Care Weather Watch chart posted on the MSDE website is:

(1)

In the red zone for the Heat Index Chart; or

(2)

In the yellow or red zone for the Wind-Chill Factor Chart.

Sheltering During Inclement Weather. A pilot shall take appropriate action to protect the health, safety, and welfare of the children and shall have:

(1)

Plans to relocate or seek shelter in any alternative locations during inclement weather conditions and other possible hazards including but not limited to:

(a)

Earthquake;

(b)

Lightning storm, tornado, hurricane, or flooding;

(c)

Air quality emergency ordered by a public safety authority;

(d)

Lockdown notification ordered by a public safety authority; or

(e)

Other similar incidents.

(2)

Plans for days when the MSDE Child Care Weather Watch chart posted on the MSDE website is in the yellow zones for the Heat Index Chart.

Accommodations. A pilot shall provide reasonable accommodations for children with disabilities or special health care needs.

Child Safety.

(1)

A pilot shall use developmentally and age appropriate practices to teach children about:

(a)

Boundaries;

(b)

Self-regulation for outdoor and risky play; and

(c)

Encountering members of the public not affiliated with the pilot.

(2)

If a child goes missing, the pilot shall implement the steps of the emergency and safety plan required by COMAR 13A.16.10.01, including but not limited to:

(a)

Immediately notifying 911 to summon fire, police, and rescue services;

(b)

Immediately notifying the parent or guardian of any lost or missing child;

(c)

Notifying child protective services as soon as practicable; and

(d)

Notifying the Department as soon as practicable.

Risky Play. The risk benefit assessment shall:

(1)

Be submitted to the office on the approved form provided by the Department; and

(2)

Identify:

(a)

The types of risk present at the site or sites, including all hazards, that will be used by the pilot on a regular basis and explain how risks may change throughout the different seasons of the year; and

(b)

The potential benefits to children and the likelihood and severity of potential injury, and methods of mitigating hazards for risky play activities, including, but not limited to the following:

(i)

Climbing natural features;

(ii)

Water activities or supervision near bodies of water;

(iii)

Using sharp tools;

(iv)

Plant foraging;

(v)

Pilot program pets;

(vi)

Foraging or egg collection and consumption; and

(vii)

Activities near cliffs, steep slopes, or other natural features or hazards.

Campfire Activity Supervision and Safety.

(1)

A pilot shall have written permission from the landowner and any necessary permits before engaging in any campfire activities.

(2)

A pilot shall have a signed and dated written permission for campfire activities from each child's parent or guardian in the form of a fire hazard waiver. There may not be any campfire activities if the pilot does not have a fire hazard waiver for each child in attendance on that day.

(3)

A pilot shall train staff in the safe fire practices provided by the U.S. Forest Service and in this regulation.

(4)

A pilot shall ensure that all staff:

(a)

Are able to properly build and extinguish a fire;

(b)

Are properly trained in how to use an ABC fire extinguisher; and

(c)

Are prepared to smother a fire on a child's clothing or hair using equipment including but not limited to:

(i)

Water;

(ii)

A fire suppression blanket; or

(iii)

A fire extinguisher, as permitted.

(5)

Before starting a campfire activity, a pilot shall have the necessary equipment and supplies to safely extinguish a campfire including but not limited to:

(a)

Sufficient water;

(b)

A shovel; and

(c)

An ABC professionally certified fire extinguisher, as permitted.

(6)

A pilot shall have and properly maintain a first-aid kit near the campfire that contains first-aid supplies made specifically to treat fire related injuries including but not limited to:

(a)

A fire suppression blanket; and

(b)

Sterile, non-adhesive bandages.

(7)

A pilot shall create a clearly visible boundary at least three feet away from the outer edge of the fire pit or structure containing the fire.

(a)

This boundary may be marked by:

(i)

A rope;

(ii)

Large rocks; or

(iii)

A seating area made of logs or camp chairs.

(b)

At all times, the area within the three-foot boundary shall:

(i)

Be clear of tripping hazards such as bags or other materials; and

(ii)

Have space in between the logs, camp chairs, or other seating so that children and adults may easily move into and out of the seating area.

(8)

Prior to any campfire activity, a pilot shall use developmentally appropriate teaching practices to ensure children understand safe behavior around a campfire.

(9)

A pilot shall require campfires to be built and extinguished according to safe fire practices provided by the U.S. Forest Service and the campfire:

(a)

May not be built during periods of high fire danger in the area;

(b)

May not be more than 2 feet in diameter;

(c)

Shall be in a fire pit or structure that is designed for the express purpose of safely containing a campfire and, when applicable, the fire pit or structure shall contain an approved bottom; and

(d)

May not use accelerant or burn materials that release toxic substances, such as chemically treated wood, rubber, or plastics.

(10)

While campfires are burning, a pilot staff member shall remain within the 3-foot boundary around the fire to respond to any fire tending needs and to prevent children from coming into close contact with the fire.

(11)

Adults who tend to the fire must tie back long hair and secure loose clothing to reduce the risk of catching fire.

(12)

The pilot shall prevent children from:

(a)

Entering the 3-foot boundary around the campfire;

(b)

Running and pushing within 6 feet of the edge of the firepit; and

(c)

Inhaling campfire smoke.

(13)

A pilot shall require completion of a campfire activity log on a Department approved form for each campfire activity.

(14)

Each pilot may not have more than one campfire activity at any time.

Handbook. A pilot shall provide each parent or guardian a handbook containing written policies and procedures for each of the requirements of this regulation.

Waivers. A pilot shall require parents or guardians to sign a risk waiver that acknowledges and accepts the potential hazards and risks associated with the pilot.

Records. A pilot shall store all records required under COMAR 13A.16 and this regulation in a manner that protects the records from damage from the elements.

Regulation .09 Evaluation.Link Copy Citation

On or before October 1st of each year, the operator shall submit to the Department the following information for the prior school year:

The number of children and families being served by the pilot;

The number of participating providers who enrolled in the Maryland EXCELS Program;

The number of children who participated in the Child Care Scholarship Program;

The number of children served by the infant and early childhood mental health support services program; and

The number of children who participated in a publicly funded prekindergarten program.

Title 13A — Subtitle 14. Child and Family Day Care

Chapter 01. Family Day Care

Chapter 02. Child Care Center Licensing

Chapter 03. Administrative Hearings — Family Day Care Homes

Chapter 04. Administrative Hearings—Child Care Centers

Chapter 05. Letters of Compliance

Chapter 06. Child Care Subsidy Program

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Eligibility.LinkCopy Citation

Regulation .04 Pursuit of Child Support Obligations.LinkCopy Citation

Regulation .05 Application Process.LinkCopy Citation

Regulation .06 Provider Requirements.LinkCopy Citation

Regulation .07 Child Care Vouchers.LinkCopy Citation

Regulation .08 Service Groups.LinkCopy Citation

Regulation .09 Redetermination.LinkCopy Citation

Regulation .10 Termination.LinkCopy Citation

Regulation .11 Payments for Child Care Services.LinkCopy Citation

Regulation .12 Copayments.LinkCopy Citation

Regulation .13 Confidentiality.LinkCopy Citation

Regulation .14 Intentional Program Violations.LinkCopy Citation

Regulation .15 Hearings and Appeals.LinkCopy Citation

Chapter 07. Family Child Care Provider Grant Fund

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Fund Uses and Limitations.LinkCopy Citation

Regulation .04 Applications.LinkCopy Citation

Regulation .05 Awards.LinkCopy Citation

Regulation .06 Prohibitions and Penalties.LinkCopy Citation

Chapter 08. Child Care Training Approval

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Requirement to Be Approved.LinkCopy Citation

Regulation .04 Application for Approval.LinkCopy Citation

Regulation .05 Trainer Requirements.LinkCopy Citation

Regulation .06 Conflict of Interest.LinkCopy Citation

Regulation .07 Administrative Responsibilities.LinkCopy Citation

Regulation .08 Complaints.LinkCopy Citation

Regulation .09 Monitoring.LinkCopy Citation

Regulation .10 Sanctions.LinkCopy Citation

Regulation .11 Appeal.LinkCopy Citation

Chapter 09. Maryland Child Care Credential Program

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 General Requirements.LinkCopy Citation

Regulation .04 Child Care Credential Requirements.LinkCopy Citation

Regulation .05 Application for Credential.LinkCopy Citation

Regulation .06 Credential Achievement Bonus.LinkCopy Citation

Regulation .07 Training Vouchers and Reimbursement.LinkCopy Citation

Regulation .08 Child Care Career and Professional Development Fund.LinkCopy Citation

Regulation .09 Tiered Reimbursement.LinkCopy Citation

Regulation .10 Prohibitions and Penalties.LinkCopy Citation

Chapter 10. Child Care Accreditation Support Fund

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Fund Uses and Limitations.LinkCopy Citation

Regulation .04 Applications.LinkCopy Citation

Regulation .05 Prohibitions and Penalties.LinkCopy Citation

Chapter 11. Child Care Quality Incentive Grant Program

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Program Uses and Limitations.LinkCopy Citation

Regulation .04 Applications.LinkCopy Citation

Regulation .05 Awards.LinkCopy Citation

Regulation .06 Prohibition and Penalties.LinkCopy Citation

Chapter 12. Maryland After-School Opportunity Fund Program

Chapter 13. Educational Programs in Nonpublic Nursery Schools

Chapter 14. Maryland EXCELS

Regulation .01 Scope.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Eligibility Requirements.LinkCopy Citation

Regulation .04 Application Process.LinkCopy Citation

Regulation .05 Publication.LinkCopy Citation

Regulation .06 Incentives.LinkCopy Citation

Regulation .07 Penalties.LinkCopy Citation

Chapter 15. Outdoor, Nature-Based Child Care License Pilot Program

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Authority.LinkCopy Citation

Regulation .03 Definitions.LinkCopy Citation

Regulation .04 Application.LinkCopy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Eligibility.Link Copy Citation

Regulation .04 Pursuit of Child Support Obligations.Link Copy Citation

Regulation .05 Application Process.Link Copy Citation

Regulation .06 Provider Requirements.Link Copy Citation

Regulation .07 Child Care Vouchers.Link Copy Citation

Regulation .08 Service Groups.Link Copy Citation

Regulation .09 Redetermination.Link Copy Citation

Regulation .10 Termination.Link Copy Citation

Regulation .11 Payments for Child Care Services.Link Copy Citation

Regulation .12 Copayments.Link Copy Citation

Regulation .13 Confidentiality.Link Copy Citation

Regulation .14 Intentional Program Violations.Link Copy Citation

Regulation .15 Hearings and Appeals.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Fund Uses and Limitations.Link Copy Citation

Regulation .04 Applications.Link Copy Citation

Regulation .05 Awards.Link Copy Citation

Regulation .06 Prohibitions and Penalties.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Requirement to Be Approved.Link Copy Citation

Regulation .04 Application for Approval.Link Copy Citation

Regulation .05 Trainer Requirements.Link Copy Citation

Regulation .06 Conflict of Interest.Link Copy Citation

Regulation .07 Administrative Responsibilities.Link Copy Citation

Regulation .08 Complaints.Link Copy Citation

Regulation .09 Monitoring.Link Copy Citation

Regulation .10 Sanctions.Link Copy Citation

Regulation .11 Appeal.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 General Requirements.Link Copy Citation

Regulation .04 Child Care Credential Requirements.Link Copy Citation

Regulation .05 Application for Credential.Link Copy Citation

Regulation .06 Credential Achievement Bonus.Link Copy Citation

Regulation .07 Training Vouchers and Reimbursement.Link Copy Citation

Regulation .08 Child Care Career and Professional Development Fund.Link Copy Citation

Regulation .09 Tiered Reimbursement.Link Copy Citation

Regulation .10 Prohibitions and Penalties.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Fund Uses and Limitations.Link Copy Citation

Regulation .04 Applications.Link Copy Citation

Regulation .05 Prohibitions and Penalties.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Program Uses and Limitations.Link Copy Citation

Regulation .04 Applications.Link Copy Citation

Regulation .05 Awards.Link Copy Citation

Regulation .06 Prohibition and Penalties.Link Copy Citation

Regulation .01 Scope.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Eligibility Requirements.Link Copy Citation

Regulation .04 Application Process.Link Copy Citation

Regulation .05 Publication.Link Copy Citation

Regulation .06 Incentives.Link Copy Citation

Regulation .07 Penalties.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Authority.Link Copy Citation

Regulation .03 Definitions.Link Copy Citation

Regulation .04 Application.Link Copy Citation

Regulation .05 Considerations for Approval.Link Copy Citation

Regulation .06 Approval.Link Copy Citation

Regulation .07 Operator Qualifications.Link Copy Citation

Regulation .08 Program Requirements.Link Copy Citation

Regulation .09 Evaluation.Link Copy Citation