Plain Text Law

Chapter 03. Management and Administration

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Regulation .01 Advertisement.Copy Citation

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A.
An individual may not advertise a family child care service unless the individual holds a current certificate of registration issued by the office.
B.
An advertisement of the family child care service by a provider shall:
(1)
Specify that the family child care home is registered; and
(2)
Include the registration number issued to the home by the office.

Regulation .02 Admission to Care.Copy Citation

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A.
The provider may not admit a child to the home for child care or allow a child to remain in care unless the provider has received:
(1)
An emergency form for the child as required in Regulation .04A(1) of this chapter; and
(2)
Unless the child is temporarily admitted or retained pursuant to §D of this regulation:
(a)
A written report of a health assessment of the child on a form supplied or approved by the office; and
(b)
Evidence, on a form supplied or approved by the office, that the child has had immunizations appropriate for the child's age that meet the immunization guidelines set by the Maryland Department of Health.
B.
If a child is younger than 6 years old at the time of admission to the home, the provider may not allow the child to remain in care at the home if the parent does not, in accordance with COMAR 10.11.04, submit evidence to the provider on a form supplied or approved by the office that the child has received an appropriate lead screening or test.
C.
A family child care provider who also provides treatment foster care in the home may not admit a child for treatment foster care in the home unless the child is being placed in the home in a preadoptive capacity.
D.
Temporary Admission.
(1)
A provider may temporarily admit or retain a child in care if the child’s parent or guardian is unable to provide documentation of immunization as required in §A(2)(b) of this regulation.
(2)
For a child to be temporarily admitted or retained in care, the parent or guardian shall present evidence of the child’s appointment with a health care provider or local health department to:
(a)
Receive a medical evaluation to include, if applicable, a lead screening or test;
(b)
Receive a required immunization;
(c)
Acquire evidence of age-appropriate immunizations on a form approved by the office; or
(d)
Reconstruct a lost record.
(3)
The date of appointment, set pursuant to §D(2) of this regulation, may not be later than 20 calendar days following the date the child was temporarily admitted or retained in care.
(4)
A provider shall exclude from care a child who has been temporarily admitted or retained in care if the parent fails to provide the documentation required by §A(2) of this regulation within 3 business days after the date of the appointment made pursuant to §D(2) of this regulation.

Regulation .03 Program Records.Copy Citation

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The provider or substitute shall:
A.
Negotiate and maintain a written agreement with the child's parent that specifies:
(1)
The fees for and provision of care;
(2)
The provider's child discipline policy;
(3)
The presence at the home of any pet animals;
(4)
If applicable, the use of volunteers in the family child care program; and
(5)
If overnight care is to be provided to the child, the sleeping arrangements approved by the parent;
B.
For each child enrolled in care, maintain a written record of each day's attendance in care that is verified by the child's parent;
C.
Maintain a record of each day on which a substitute provides care;
D.
If applicable, maintain a record of each volunteer in the family child care program that includes:
(1)
The date on which the volunteer received the child health and safety orientation required in COMAR 13A.15.06.05A(2); and
(2)
If a volunteer is present at the home:
(a)
A brief statement of the volunteer's duties; and
(b)
And if present more than once per week, a medical evaluation of the volunteer that was completed within 12 months before the start of the volunteer’s duties;
E.
Document that, on or before the date of a child’s admission to care, the child’s parent was given, or was advised how to obtain, information that is supplied by the office concerning:
(1)
Consumer education on child care; and
(2)
How to file a complaint with the office against a child care provider;
F.
Record the date and time of each fire evacuation drill and emergency and disaster drill required by this subtitle;
G.
Document that the health and safety training, specified at COMAR 13A.15.06.02A(4) and B(1), was completed by the end of each 12-month period, measured from the date of initial registration; and
H.
Document that, at least once each calendar year, the parent of each child under the age of 3 years was given:
(1)
Information about the Maryland Infant and Toddlers Program; and
(2)
Contact information for the local lead agency responsible for the administration of the Maryland Infant and Toddlers Program.
I.
Maintain each document and record required by this regulation for at least 2 years after its creation.
J.
The provider may provide the information required under §H of this regulation by:
(1)
A personal message to the parent, including an e-mail;
(2)
A document for which the parent acknowledges receipt; or
(3)
A text message.

Regulation .04 Child Records.Copy Citation

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A.
The provider shall:
(1)
Maintain emergency information for each child on a form supplied or approved by the office;
(2)
Keep the emergency forms for the children who currently are in the provider's care in a readily accessible location, including taking the forms when taking the children away from the home; and
(3)
Arrange to have the form for each child updated as needed, but at least annually, and signed and dated by the parent.
B.
Before the provider or substitute permits a child to:
(1)
Swim or wade, the provider shall obtain written approval from the child's parent on a form supplied or approved by the office;
(2)
Travel to or from school or a school transportation site without adult supervision, the child's parent and the provider shall agree in writing that the child can travel safely without adult supervision;
(3)
Be transported in a vehicle by the provider or substitute, the provider shall obtain written permission from the child's parent to transport the child;
(4)
Participate in an activity out of the home that is supervised by the provider or substitute, the provider shall obtain written approval from the child's parent on a form supplied or approved by the office;
(5)
Participate in a supervised activity out of the home without the provider or substitute, the provider shall obtain written permission from the child's parent for the child's participation; or
(6)
Participate in a service or activity conducted on the premises of the family child care home by an independent contractor, the provider shall obtain from the child's parent written permission for the child's participation.
C.
During the period of a child's enrollment and for 2 years after the child's disenrollment, a provider shall maintain a file for each child that includes records of:
(1)
The name, current address, and home and work telephone numbers of the parent;
(2)
The child’s health assessment, immunizations, and allergies, if any, to include:
(a)
As required by COMAR 10.11.04, evidence that the child has received:
(i)
An appropriate lead screening, if the child is younger than 6 years old and was born before January 1, 2015; or
(ii)
A lead test when the child is 12 months old and again when the child is 24 months old, regardless of where the child resides, if the child was born on or after January 1, 2015; and
(b)
If the child is enrolled in school, parental permission for the school to release the child's health information to the provider;
(3)
Acute illnesses that required excluding the child from care under COMAR 13A.15.11.02B;
(4)
An injury or accident that is required by Regulation .05B of this chapter to be reported;
(5)
Child medication records as required by COMAR 13A.15.11.04; and
(6)
Written information concerning the child's individual needs that is supplied by the child's parent at or before the child's admission to care and is:
(a)
Used by the provider to meet the child's individual care needs; and
(b)
Reviewed by the provider and the parent at least every 12 months after the child's admission to care.
D.
A medical evaluation and, if applicable, documentation of an appropriate lead screening or test that are transferred directly from another registered family child care home, a licensed child care center, or a public or nonpublic school in Maryland may be accepted as meeting the requirements of §C(2) of this regulation.

Regulation .05 Notifications.Copy Citation

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The provider or substitute shall:
A.
Within 24 hours of its occurrence, notify the office of:
(1)
The death of a child, if the child died:
(a)
While in the care of the provider or substitute; or
(b)
Of a contagious disease; and
(2)
Any injury to a child that occurs while the child is at the family child care home in the care of the provider or substitute that results in:
(a)
The child being treated by a medical professional;
(b)
The child being admitted to a hospital; or
(c)
The death of the child;
B.
If a child has an injury or accident while in attendance:
(1)
Report immediately to the child's parent any serious injury or accident; and
(2)
Report any nonserious injury or accident to the child's parent on the same day it occurs;
C.
Notify the office immediately of any change that might affect the status of the registration, such as:
(1)
A change in residents, operation, telephone number, or the provider's residence;
(2)
A pending criminal charge against:
(a)
An individual who has responsibilities for supervising children in care; or
(b)
A resident in the home; or
(3)
Any other situation involving the home that may present a risk to the health, safety, or welfare of children in care there, including, but not limited to, a report of domestic violence or the issuance of a protective order involving the provider or a resident in the home;
D.
Within 5 working days after an existing resident becomes 18 years old, or after there is a new resident in the home who is 18 years old or older:
(1)
Submit to the office a signed and notarized release form giving the office permission to examine records of abuse and neglect of children and adults for information about the resident pursuant to COMAR 13A.15.02.02B(6); and
(2)
Ensure that the resident applies for a federal and State criminal background check pursuant to COMAR 13A.15.02.02B(5) and C;
E.
Within 15 working days after notifying the office of a new resident, submit to the office:
(1)
A medical report on the resident, on a form supplied or approved by the office, that is based on a medical evaluation completed within the previous 12 months; or
(2)
Evidence that a medical evaluation of the resident has been scheduled;
F.
When the provider plans a temporary absence of more than 2 hours, notify the parents of the children in care in advance that a substitute will be caring for the children during the provider’s absence; and
G.
Within 10 business days of receiving notice of a contaminated drinking water supply, send a written notice of the drinking water contamination to the parent or legal guardian of each child enrolled that:
(1)
Identifies the contaminants and their levels; and
(2)
Describes how the provider will furnish uncontaminated drinking water for children in care until the original water supply is determined by the appropriate authority to be safe for consumption.

Regulation .06 Variances.Copy Citation

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A.
The office may not:
(1)
Waive a regulation; or
(2)
Grant a variance that diminishes safeguards to a child's health, safety, or well-being.
B.
The office may grant a variance:
(1)
If the provider presents clear and convincing evidence that a regulation is met by an alternative that complies with the intent of the regulation for which the variance is sought; and
(2)
For a limited period of time as specified by the office or for as long as the certificate remains in effect and the provider continues to comply with the terms of the variance.
C.
Within 30 calendar days of receiving a completed request for a variance, the office shall notify the provider that the variance has been granted or denied.
D.
If a variance request is denied by a regional office of the Agency:
(1)
The provider may appeal the denial to the Agency's central office; and
(2)
The Agency's central office has the final determination of whether or not a variance is granted.
Chapter annotations
Authority: Education Article, §§9.5- 115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;
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)
History: Effective date: October 20, 2008 (35:21 Md. R. 1826)
History: Regulation .02A amended effective July 20, 2015 (42:14 Md. R. 882)
History: Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 12)
History: Regulation .02D adopted effective July 20, 2015 (42:14 Md. R. 882)
History: Regulation .03 amended effective June 24, 2013 (40:12 Md. R. 1043); January 13, 2020 (47:1 Md. R. 12)
History: Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 618)
History: Regulation .03E amended effective July 20, 2015 (42:14 Md. R. 882)
History: Regulation .03H, J adopted effective March 17, 2025 (52:5 Md. R. 238)
History: Regulation .03I recodified from H effective March 17, 2025 (52:5 Md. R. 238)
History: Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 12)
History: Regulation .04A amended effective April 19, 2010 (37:8 Md. R. 618)
History: Regulation .04A-1 adopted effective April 19, 2010 (37:8 Md. R. 618)
History: Regulation .04B amended effective July 20, 2015 (42:14 Md. R. 882)
History: Regulation .04C adopted effective July 20, 2015 (42:14 Md. R. 882)
History: Regulation .05 amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 12)
History: Regulation .05G adopted effective July 20, 2015 (42:14 Md. R. 882)