# COMAR Title 13A — State Board of Education

## Subtitle 14 — Child and Family Day Care

### Chapter 11 — Child Care Quality Incentive Grant Program

**Authority:** Family Law Article, §§5-594—5-594.8, Annotated Code of Maryland

**Administrative History:** Effective date: April 14, 2003 (30:7 Md. R. 486)

**Administrative History:** Transferred from COMAR 07.04.11 to 13A.14.11 effective January 1, 2006

#### Regulation .01 Scope.

*COMAR 13A.14.11.01*

These regulations set forth the:

A. Purpose of the Child Care Quality Incentive Grant Program;

B. Requirements for applying for an award under the Program;

C. Basis and procedure for making an award; and

D. Penalties for false application.

#### Regulation .02 Definitions.

*COMAR 13A.14.11.02*

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

B. 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.

*COMAR 13A.14.11.03*

A. 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.

B. Grant funds shall be provided in the form of awards.

C. 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.

D. A child care provider may not be approved for more than one award in a 3-year period.

#### Regulation .04 Applications.

*COMAR 13A.14.11.04*

A. The Administration shall accept applications for an award only from currently operating child care providers.

B. 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.

C. 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.

*COMAR 13A.14.11.05*

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

*COMAR 13A.14.11.06*

A. 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.

B. 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.