Plain Text Law

Chapter 10. Child Safety

Regulation .01 Emergency Safety.Copy Citation

The provider or substitute shall:
A.
Prepare and maintain a written emergency and disaster plan that:
(1)
Establishes procedures for:
(a)
Evacuating the home, including an evacuation route;
(b)
Relocating children to a designated safe site;
(c)
Sheltering in place in the event that evacuation is not feasible;
(d)
Notifying parents of children in care; and
(e)
Addressing the individual needs of children, including children with special needs;
(2)
Contains:
(a)
The name of, and contact information for, the local emergency operations center;
(b)
A list of local emergency services numbers; and
(c)
The radio station call sign and frequency for the local Emergency Alert System (EAS);
(3)
Is practiced with children at least:
(a)
Once per month for fire evacuation purposes;
(b)
Twice per year for other emergency and disaster situations; and
(c)
If overnight care is provided, at least four times per year when children in overnight care are present; and
(4)
Is updated at least annually;
B.
Post conspicuously a copy of the emergency escape route floor plan:
(1)
In or near the approved child care area; and
(2)
If overnight care is provided, in each room where a child in care is sleeping;
C.
Regularly orient children, who are old enough to understand, in procedures to be used in the event of a fire or other emergency requiring escape from the home;
D.
Train each substitute and, if applicable, the additional adult on the contents of the written emergency and disaster plan required at §A of this regulation;
E.
In the event of a declared emergency, be prepared to respond as directed by the local emergency management agency through sources of public information;
F.
During an emergency evacuation or practice, take attendance records and emergency cards out of the home and verify the presence of each child currently in attendance;
G.
Instruct children in the use of the 9-1-1 telephone number to summon help in an emergency; and
H.
Meet the following requirements for first aid supplies:
(1)
Maintain first aid supplies as the office requires in a location that is readily accessible to the areas of the home approved for child care;
(2)
Store first aid supplies in a manner that makes them inaccessible to children in care; and
(3)
Bring the first aid supplies along on any activity away from the family child care home.

Regulation .02 Potentially Hazardous Items.Copy Citation

The provider shall properly store, and keep inaccessible to the children in care, all potentially harmful items, including, but not limited to, knives, sharp tools, firearms, matches, alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts, petroleum, flammable products, cleaning agents, and poisonous products.

Regulation .03 Outdoor Safety.Copy Citation

A.
The provider or substitute may not allow a child to play on climbing equipment from which the child could fall 7 feet or more to the ground.
B.
During an outdoor activity, the provider or substitute may not allow a child to:
(1)
Use unsafe activity equipment;
(2)
Use activity equipment in an unsafe manner; or
(3)
Wear a clothing item or accessory that may pose a hazard to the child while engaged in the activity.
C.
The provider shall ensure that children use suitable protective gear when engaged in an activity for which protective gear is required by law.
D.
Trampolines. The provider or substitute:
(1)
May not allow a child in care to use a trampoline; and
(2)
Shall make a trampoline located on the premises of the home inaccessible to children in care.

Regulation .04 Water Safety.Copy Citation

A.
A provider or substitute may permit children in care to use only swimming facilities that:
(1)
Are subject to State or local standards of health, sanitation, and safety; and
(2)
Meet those standards.
B.
An above-ground swimming pool:
(1)
May not be used for swimming activities; and
(2)
Shall be made inaccessible to children in care.
C.
A child in care may not use a pool, such as a fill-and-drain molded plastic or inflatable pool.

Regulation .05 Transportation Safety.Copy Citation

If children are transported in a vehicle while in care, the provider or substitute shall ensure that, as specified by Maryland law:
A.
Each child in care is separately secured in a child car seat or seat belt; and
B.
Each child car seat or seat belt is appropriate for the age and weight of the child using it.

Regulation .06 Rest Time Safety.Copy Citation

A.
Unless specified otherwise in writing by the child’s physician, or other licensed health care provider, a child who:
(1)
Cannot roll over without assistance shall be placed for sleep on the child's back; or
(2)
Is younger than 12 months old but can roll over unassisted shall be placed for sleep on the child's back, but may be allowed to adopt whatever position the child prefers for sleep.
B.
Unless the need for a positioning device that restricts a child’s movement while the child is resting is specified in writing by the child’s physician, or other licensed health care provider, an object or device, including, but not limited to, a strap, wedge, roll, or swaddling, that restricts movement may not be used with a child in a crib, portable crib, playpen, cot, bed, mat, or other rest furnishing.
C.
Weighted rest items, including but not limited to blankets, sleepers, and swaddles, may not be used for a child under 12 months old.
Chapter annotations
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 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 .01 amended effective April 19, 2010 (37:8 Md. R. 618)
History: Regulation .01D, F amended effective January 13, 2020 (47:1 Md. R. 12)
History: Regulation .02 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)
History: Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 12)
History: Regulation .05 amended effective April 19, 2010 (37:8 Md. R. 618)
History: Regulation .06 amended effective April 29, 2024 (51:8 Md. R. 367)
History: Regulation .06B amended effective January 13, 2020 (47:1 Md. R. 12)