Chapter 02. Registration Application and Maintenance
Regulation .01 Registration — General Requirements.LinkCopy Citation
A.
Requirement to Be Registered.
(1)
Except as provided under §A(2) of this regulation, an individual may not operate a family child care home unless:
(a)
Both the individual and the home meet the requirements for registration set forth in this subtitle; and
(b)
The individual possesses a valid certificate of registration.
(2)
A family child care home is not required to be registered if the provider:
(a)
Is a relative of each child;
(b)
Is a friend of each child's parent or legal guardian and the care is provided on a nonregular basis of less than 20 hours a month; or
(c)
Has received the care of the child from a child placement agency licensed by the Department of Human Services.
(3)
In this subtitle, all requirements pertaining to a family child care provider shall apply equally to a family child care coprovider, except that the coprovider is not required to reside in the family child care home.
B.
Types of Registration. The office may issue:
(1)
An initial registration, which may be issued on a provisional basis pursuant to Regulation .04A of this chapter; or
(2)
A continuing registration, which may be:
(a)
Issued on a provisional basis under Regulation .04A of this chapter; or
(b)
Placed on a conditional status under Regulation .04B of this chapter.
C.
A certificate of registration:
(1)
May not be transferred to another individual or residence; and
(2)
Remains the property of the office.
D.
The provider shall display conspicuously the certificate of registration in a location where it can easily be seen and read by parents whose children are in the provider's care or who are considering placing their children in the provider's care.
E.
The provider shall surrender the certificate of registration to the office immediately when any of the following occurs or becomes effective:
(1)
The provider closes the family child care home permanently;
(2)
The registration becomes invalid pursuant to §H(2) of this regulation;
(3)
The registration is revoked;
(4)
The registration is suspended; or
(5)
The initial registration expires, and:
(a)
The application for an initial or a continuing registration is denied; or
(b)
The provider has not applied for a continuing registration.
F.
Except as provided under §G of this regulation, a residence approved for use under a family child care registration may not also be used to operate a:
(1)
Family child care program under a different registration; or
(2)
Child care program that is subject to the requirements of COMAR 13A.16, 13A.17, or 13A.18.
G.
A residence approved by the office before July 1, 2008, for the concurrent operation of more than one family child care program or more than one type of child care program may continue to be used to operate those programs, except that, while concurrent approvals are in effect, the office may not approve a request by the provider for:
(1)
An increase in child capacity;
(2)
A change in the hours of operation;
(3)
A change in the ages of children served;
(4)
A change in the approved child care area; or
(5)
A variance to a regulation under this subtitle.
H.
Residence of Applicant or Provider.
(1)
Unless currently approved for the purpose, the office may not approve a residence for use as a child care home that is not the primary residence of the family child care registration applicant.
(2)
A family child care home registration is subject to revocation if the home is no longer the primary residence of the provider.
Regulation .02 Initial Registration.LinkCopy Citation
A.
An application for initial registration shall be filed with the office by an individual who wishes to operate a registered family child care home and who:
(1)
Is not currently a registered family child care provider; and
(2)
Has not been registered as a provider for at least 6 months before the date of application.
B.
Except as set forth at §C of this regulation, an applicant for an initial registration shall:
(1)
Complete an orientation to family child care regulations that is offered or approved by the office;
(2)
Submit a completed application form, supplied by the office, for initial registration;
(3)
Submit a medical evaluation for the applicant and each resident in the home that:
(a)
Was completed within 12 months before the date of application for registration;
(b)
Was conducted by a practicing physician, certified nurse practitioner, or registered physician’s assistant;
(c)
Includes verification that the individual:
(i)
Is free of communicable tuberculosis, if indicated; and
(ii)
If the applicant is capable of performing the duties of the position; and
(d)
Is signed or verified by the individual who conducted the evaluation;
(4)
Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant;
(5)
Apply for a federal and State criminal background check at a designated office in the State;
(6)
Ensure that an application for a federal and State criminal background check is made at a designated office in the State by each:
(a)
Resident in the home who is 18 years old or older;
(b)
Individual to serve as the provider’s substitute; and
(c)
Employee or volunteer of the family child care home who is 18 years old or older;
(7)
Submit a signed and notarized release form giving the office permission to examine records of abuse and neglect of children and adults for information about:
(a)
The applicant;
(b)
Each resident in the home who is 18 years old or older;
(c)
Each individual designated as a substitute;
(d)
If applicable, an additional adult; and
(e)
If required by the office, any other individual with regular access to the child care area during the approved hours of operation;
(8)
As applicable, submit documentation that:
(a)
The home meets State and local fire, health, and zoning requirements; and
(b)
If the home is located in a condominium or residence which requires homeowners' association membership, the applicant has homeowner's liability insurance coverage as required by Maryland law;
(9)
Submit documentation that the applicable training requirements specified in COMAR 13A.15.06.02 have been met;
(10)
Submit documentation showing that the home has met all applicable lead-safe environment requirements set forth in COMAR 13A.15.05.02; and
(11)
If the family child care home is located in an apartment or at another property that is rented or leased by the applicant, submit written authorization from the lessor, owner, or landlord permitting child care to be provided at that location.
C.
Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §B(4) or (5) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for registration, the individual shall:
(1)
Apply for a state criminal background check to be performed by a duly authorized entity within that state; and
(2)
Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.
D.
If, within 6 months after the applicant submits a completed application form, the office has not received documentation that all applicable requirements of §B of this regulation have been met, the office may consider the application void.
Regulation .03 Continuing Registration.LinkCopy Citation
A.
Application for Continuing Registration. To obtain a continuing registration, a provider shall submit to the office before expiration of the initial registration:
(1)
A completed request, on a form supplied by the office, for continued registration;
(2)
Documentation that the continued training requirements and the first aid and CPR certification requirements set forth in COMAR 13A.15.06.02B—D have been met;
(3)
A medical evaluation that meets the requirements of Regulation .02B(3) of this chapter for:
(a)
The provider;
(b)
Each resident in the home who has child care responsibilities; and
(c)
If applicable, the additional adult;
(4)
A completed and notarized release of information form that permits the office to examine records of abuse and neglect of children and adults for:
(a)
The provider;
(b)
Each provider substitute;
(c)
Each resident in the home who is 18 years old or older;
(d)
If applicable, the:
(i)
Additional adult; and
(ii)
Additional adult's substitute; and
(e)
If required by the office, any other individual with regular access to the child care area during the approved hours of operation, including volunteers.
(5)
Documentation that the family child care home has passed the most recent fire inspection required by the local fire authority having jurisdiction;
(6)
If the family child care home is located in an apartment or at another property that is rented or leased by the applicant, written authorization from the lessor, owner, or landlord permitting the provider to continue providing child care in the home; and
(7)
Any other documentation required by law or regulation.
B.
Maintenance of Continuing Registration.
(1)
By the end of each 12-month period after the date of issuance of a continuing registration, the provider shall submit to the office documentation that the continued training requirements set forth in COMAR 13A.15.06.02B and C have been met.
(2)
By the end of each 24-month period after the date of issuance of a continuing registration, the provider shall submit to the office the items specified in §A(3)—(7) of this regulation.
Regulation .04 Provisional and Conditional Status.LinkCopy Citation
A.
Provisional Status.
(1)
Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing registration additional time to meet all applicable requirements, the office may approve an initial or a continuing registration on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.
(2)
An initial registration may not be approved if the office has not yet received evidence that the applicant and, as applicable, each individual specified in Regulation .02B(5) and (6) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.
(3)
At the end of the provisional period, if all requirements for the initial or continuing registration are not met due to:
(a)
Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for registration; or
(b)
Circumstances beyond the control of the applicant, the office may reapprove the provisional status of the registration for one or more additional periods of up to 120 days per period, except that provisional registration status may not be continued for more than 24 months after the start of the first provisional period.
(4)
If the office denies a certificate of registration at the end of the provisional period, the applicant or provider does not have a valid registration and shall cease operating.
B.
Conditional Status.
(1)
If a provider who holds a continuing registration fails to remedy a violation as required, the office may place the registration on conditional status for:
(a)
A period of up to 120 days; and
(b)
Upon approval by the Agency's central office, an additional period of up to 120 days.
(2)
Upon placing a continuing registration on conditional status, the office shall issue to the provider a revised certificate of registration that states the:
(a)
Placement of the registration on conditional status;
(b)
Period of time of the conditional status; and
(c)
Requirements for lifting the conditional status.
(3)
Immediately upon receipt of the revised certificate of registration, the provider shall:
(a)
Remove from display in the home the certificate of continuing registration that was originally issued; and
(b)
Display the revised certificate as required by Regulation .01D of this chapter.
(4)
If the provider satisfies all requirements for lifting the conditional status within the specified period of time, the office shall promptly:
(a)
Discontinue the conditional status; and
(b)
Notify the provider to redisplay the original certificate of continuing registration.
(5)
If the provider fails to satisfy all requirements for lifting the conditional status within the specified period of time, the office may suspend or revoke the continuing registration.
Regulation .05 Resumption of Service.LinkCopy Citation
A.
An application to resume service shall be filed by:
(1)
A registered provider who wishes to provide family child care at an address different from that specified on the current certificate of registration; or
(2)
An individual who was previously registered by the office as a provider and who wishes to reregister, if the last effective date of the previous registration is within 6 months of the application.
B.
The application to resume service shall meet all initial registration application requirements, except that:
(1)
An abbreviated application form supplied by the office shall be used; and
(2)
The office may accept as applicable to the new application the:
(a)
Individual's original completion of the orientation process under Regulation .02B(1) of this chapter;
(b)
Original medical reports submitted for the applicant and each resident in the home who will have child care responsibilities if the reports are based on medical evaluations completed within 12 months of the new application;
(c)
Results of the original criminal background checks conducted under Regulation .02B(4) and (5) of this chapter, if the new location is within the office's same licensing jurisdiction;
(d)
Results of the original child and adult abuse and neglect clearances conducted under Regulation .02B(6) of this chapter, if the clearances were completed within 12 months of the application; and
(e)
Individual’s original completion of:
(i)
Preservice training requirements specified at COMAR 13A.15.06.02A; and
(ii)
If applicable, approved continued training requirements specified at COMAR 13A.15.06.02B.
Regulation .06 Response of the Office to Application.LinkCopy Citation
A.
Upon receiving the completed application and all required documentation, whether for an initial registration or a continuing registration, the office shall determine compliance with the requirements of this subtitle by:
(1)
Evaluating the application and required documentation;
(2)
Interviewing the applicant;
(3)
Inspecting the home proposed for use as a family child care home;
(4)
Evaluating the information provided by State and federal criminal background investigations; and
(5)
Evaluating the information provided from records of child and adult abuse and neglect.
B.
Upon completing the procedures in §A of this regulation, the office shall, within 30 days:
(1)
Issue a certificate of registration to operate the family child care home in accordance with the provisions of this subtitle if:
(a)
The application is complete;
(b)
All required documentation has been received; and
(c)
The office is satisfied that the applicant and the home meet the requirements of this subtitle;
(2)
Deny the certificate of registration if the office determines that the applicant or the home does not meet the requirements of this subtitle; or
(3)
Issue a provisional certificate of registration in accordance with Regulation .04A of this chapter.
Regulation .07 Denial of a Registration Application.LinkCopy Citation
A.
The office may deny a certificate of registration if:
(1)
The applicant, a resident, any substitute, or the home in which child care is to be provided fails to meet the requirements of this subtitle;
(2)
An evaluation of the application or documents required by the office reveals that the applicant reported false information;
(3)
The applicant has a documented history of serious or repeated regulatory violations of this subtitle or other regulations of any state concerning the care of children or adults that demonstrates an inability to provide for the health or safety of children;
(4)
The applicant has had a certificate of registration, a child care center license, or a letter of compliance denied or revoked before the date on the registration application, unless the office is satisfied that the condition that was the basis for the denial or revocation has been corrected;
(5)
The applicant prevents the office from completing its responsibilities for registration;
(6)
Upon evaluating the physical condition of the home and surrounding premises, the office finds conditions that are unsafe or unhealthy;
(7)
An evaluation of the medical report or other information about the applicant, a coprovider, or a resident indicates that the:
(a)
Physical or mental health of the applicant, coprovider, or resident may pose a risk to children;
(b)
Applicant or coprovider is unable to care for children; or
(c)
Applicant submitted false or altered medical documentation for the applicant, resident, coprovider, or additional adult for consideration by the office;
(8)
In addition to the requirements set forth at §B of this regulation, an evaluation of the criminal record of the applicant, a coprovider, an additional adult, a substitute, a volunteer, or a resident in the home reveals that the individual has a criminal conviction, probation before judgment disposition, or not criminally responsible disposition, or is awaiting a hearing for a criminal charge that indicates other behavior harmful to children;
(9)
An evaluation of the information provided in records of abuse and neglect of children and adults reveals that the applicant, a coprovider, an additional adult, a substitute, a volunteer, or a resident is identified as responsible for abuse or neglect of children or adults, or is currently under investigation for alleged acts of abuse or neglect of children or adults;
(10)
Based on an interview with the applicant or an evaluation of other pertinent information, the office finds evidence that raises reasonable doubt that the applicant can provide for the welfare of children in care; or
(11)
The applicant is:
(a)
Providing treatment foster care to a child in other than a preadoptive capacity; and
(b)
Filing an application for initial registration as a family child care provider.
B.
The office shall deny a certificate of registration if an applicant or resident 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:
(1)
A crime involving:
(a)
A child;
(b)
Cruelty to animals;
(c)
Domestic violence of an intimate partner or spouse; or
(d)
A weapons or firearms violation of federal or state laws;
(2)
A sex offense;
(3)
A violent crime classified as a felony, including physical assault or battery;
(4)
Abduction or kidnapping;
(5)
Abuse of a child or an adult;
(6)
Confinement of an unattended child;
(7)
Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;
(8)
Perjury;
(9)
Pornography;
(10)
Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the preceding 5 years; or
(11)
Reckless endangerment.
C.
The office shall deny a certificate of registration if an applicant or resident has received at any time a felony conviction for:
(1)
Murder;
(2)
Spousal abuse; or
(3)
Arson.
D.
The office shall deny a certificate of registration upon notification that the applicant is in noncompliance with Child Support Enforcement requirements pursuant to Family Article Law, §10-119.3, Annotated Code of Maryland.
E.
If the office denies an application, the office shall notify the applicant in writing of the denial stating:
(1)
The reason for denial;
(2)
The specific regulation with which the applicant has failed to comply that is the basis for the denial;
(3)
That the applicant is entitled to a fair hearing; and
(4)
The procedure to be used if the applicant wishes to request a hearing to appeal the decision of the office.
F.
If an evaluation of criminal records or records of abuse and neglect of children or adults reveals that a coprovider, substitute, volunteer, or additional adult designated by the applicant may pose a risk to children in care, the office, instead of denying the registration certificate, may require the provider to designate another coprovider, substitute, volunteer, or additional adult.
G.
Denial Before Complete Application.
(1)
The office may deny an application for registration at any point during the application process if, following evaluation of information received to that point, the office determines that a basis for denial exists as set forth in §A, B, C, or D of this regulation.
(2)
If the office decides to deny the application before the application process is complete, the office shall send written notice of that decision to the applicant within 30 calendar days after making the decision.
Regulation .08 Voluntary Surrender of Registration.LinkCopy Citation
A.
A provider may voluntarily surrender a family child care registration at any time by notifying the office in writing.
B.
If a registration is surrendered under §A of this regulation:
(1)
The office shall note in the family child care provider's file that the registration has been voluntarily surrendered; and
(2)
The provider shall return the surrendered certificate of registration to the office.
Chapter annotations
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)
History: Effective date: October 20, 2008 (35:21 Md. R. 1826)
History: Regulation .01A, E amended effective June 24, 2013 (40:12 Md. R. 1043)
History: Regulation .01F amended effective January 13, 2020 (47:1 Md. R. 12)
History: Regulation .01H adopted effective June 24, 2013 (40:12 Md. R. 1043)
History: Regulation .02 amended effective January 13, 2020 (47:1 Md. R. 12)
History: Regulation .02B amended effective July 20, 2015 (42:14 Md. R. 882); November 13, 2023 (50:22 Md. R. 977)
History: Regulation .02B, C amended effective April 19, 2010 (37:8 Md. R. 618)
History: Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 12)
History: Regulation .03A amended effective April 19, 2010 (37:8 Md. R. 618); April 14, 2014 (41:7 Md. R. 423)
History: Regulation .05B amended effective June 24, 2013 (40:12 Md. R. 1043)
History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 396)
History: Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 618)
History: Regulation .07 amended effective April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 12)
History: Regulation .07B, C amended effective April 18, 2022 (49:8 Md. R. 500)
History: Regulation .08A amended effective January 13, 2020 (47:1 Md. R. 12)