# COMAR Title 13A — State Board of Education

## Subtitle 15 — Family Child Care

### Chapter 07 — Child Protection

**Authority:** Education Article, §§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 MarylandAgency 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)

**Administrative History:** Effective date: October 20, 2008 (35:21 Md. R. 1826)

**Administrative History:** Regulation .03 amended effective April 19, 2010 (37:8 Md. R. 618)

**Administrative History:** Regulation .04B amended effective January 13, 2020 (47:1 Md. R. 12)

**Administrative History:** Regulation .07C amended effective June 24, 2013 (40:12 Md. R. 1043)

#### Regulation .01 Prohibition of Abuse, Neglect, and Injurious Treatment.

*COMAR 13A.15.07.01*

A child in care may not be subjected to abuse, neglect, mental injury, or injurious treatment as defined in COMAR 13A.15.01.02B.

#### Regulation .02 Abuse/Neglect Reporting.

*COMAR 13A.15.07.02*

An individual who is responsible for providing care to a child:

A. Shall monitor the child for signs and symptoms of child abuse or neglect; and

B. If the individual has reason to believe that a child in care has been:

  (1) Abused, shall report that belief directly to the protective services unit of the local department of social services or to a law enforcement agency, as required under Maryland law; or

  (2) Neglected, shall report that belief directly to the protective services unit of the local department of social services as required under Maryland law.

#### Regulation .03 Applicability to Residents.

*COMAR 13A.15.07.03*

The requirement set forth in Regulation .01 of this chapter also applies to a resident of the family child care home.

#### Regulation .04 Child Discipline.

*COMAR 13A.15.07.04*

A. Child discipline shall be:

  (1) Appropriate to the age, maturity, and physical condition of the child; and

  (2) Consistent with the requirements of this subtitle.

B. The provider or substitute may not:

  (1) Force a child to eat or drink;

  (2) Punish a child for refusing to eat or drink;

  (3) Withhold food or beverages as punishment; or

  (4) Spank, hit, shake, or use any other means of physical discipline.

#### Regulation .05 Parental Access.

*COMAR 13A.15.07.05*

The provider or substitute shall permit the parent of a child in care to have access to the child at all times and to observe the areas of the home used for child care during the provider's hours of operation.

#### Regulation .06 Authorized Release.

*COMAR 13A.15.07.06*

A. Except as indicated in §B of this regulation, the provider or substitute shall release a child only to the child's parent or to another individual if directed by the parent and if the identity of the other individual is verified by the provider or substitute.

B. In case of the death, disappearance, incapacity, or sudden unavailability of the parent or individual designated to pick up the child, or when requested by Child Protective Services, the provider or substitute may release the child to a Child Protective Services worker.

#### Regulation .07 Child Security.

*COMAR 13A.15.07.07*

A. The provider shall ensure the safety and security of each child at all times.

B. Whenever an area of the home is being used for a child care activity and children are present, the provider may not allow that area to be used at the same time for any other purpose without prior approval of the office.

C. In addition to meeting all other child supervision requirements of this subtitle, the provider shall ensure that an individual who meets the requirements of this subtitle for supervising children in care:

  (1) Accompanies a child whenever the child is in the presence of an individual at the home who is not:

    (a) Another individual who meets the requirements of this subtitle for supervising children in care;

    (b) The child's parent, guardian, or other individual to whom the child may be released under Regulation .06 of this chapter;

    (c) An individual who is authorized by the child's parent or guardian, and whose identity is verified by the provider, to provide a health care, educational, or other service to the child;

    (d) Another child enrolled in care; or

    (e) A child who resides at the home; and

  (2) Remains within sight and sound of an independent contractor performing a service at the home whenever the independent contractor is in an area where a child is present, unless documentation is on file at the family child care home that the contractor has successfully passed federal and State criminal background checks and a review of child abuse and neglect records.