Chapter 02. License Application and Maintenance
Regulation .01 License — General Requirements.LinkCopy Citation
A.
Requirement to be Licensed. A person, organization, agency, corporation, or other entity which operates a child care center, as defined in this chapter, is required to be licensed or to hold a letter of compliance in accordance with this subtitle or with COMAR 13A.17, as applicable.
B.
Nursery School or Child Care Center Operated by a Tax-Exempt Religious Organization.
(1)
Except as provided by §B(2) or (3), as applicable, of this regulation, a tax-exempt religious organization that wishes to operate a nursery school or a child care center shall apply to become licensed, and shall meet all applicable requirements, under this subtitle.
(2)
If the tax-exempt religious organization plans to operate a nursery school or a child care center in a school building that exclusively serves children who are enrolled in that school, the organization may apply for a:
(a)
Child care center license under this subtitle; or
(b)
Letter of compliance under COMAR 13A.17.
(3)
In a nursery school or child care center located in a school building exclusively for children enrolled in that school and operated by a tax-exempt religious organization, the following regulations of this subtitle do not apply:
(a)
COMAR 13A.16.03.05C(1) and (2) concerning staff records;
(b)
COMAR 13A.16.06.05—.12 concerning professional qualifications and training requirements for child care staff and the director, principal, or administrator of the program; and
(c)
COMAR 13A.16.09.01, .03B(1) and (2), and .03C concerning the program.
C.
Approved Montessori School.
(1)
Except as set forth at §C(2) of this regulation, an approved Montessori school shall meet all applicable requirements of this subtitle regarding:
(a)
Child health and safety;
(b)
The provision of child care; and
(c)
An educational program in a nonpublic nursery school.
(2)
The following regulations under this subtitle do not apply to an approved Montessori school:
(a)
COMAR 13A.16.02.03C(4) concerning an annual fire inspection, if the school has documentation verifying compliance with fire safety regulations applicable to a nonpublic nursery school pursuant to COMAR 13A.09.09.11A;
(b)
COMAR 13A.16.06.05B(4) concerning the preservice training requirement for directors;
(c)
COMAR 13A.16.06.09A(3) concerning qualification requirements for a child care teacher in a preschool center;
(d)
COMAR 13A.16.06.09C(1) concerning the core of knowledge completion requirement for continued training;
(e)
COMAR 13A.16.06.10B(1)(a) concerning the requirement for preservice training; and
(f)
COMAR 13A.16.09.01A(4) concerning the requirements for a balanced schedule of daily activities.
D.
A license is nontransferable and remains the property of the office.
E.
The operator shall post the license at a location in the center where it can easily be seen and read whenever parents or others visit the center.
F.
The operator shall surrender the license to the office immediately if any of the following occurs or becomes effective:
(1)
The operator closes the center permanently;
(2)
The license is revoked;
(3)
The license is suspended; or
(4)
The license expires, and the:
(a)
Application for a continuing license is denied; or
(b)
Operator has not applied for a continuing license.
G.
A center approved by the office before July 1, 2008, for the concurrent operation of 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 operator 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.
Effective January 1, 2012, the office may not:
(1)
Accept an application for an initial license as a small center; or
(2)
Issue a license to operate a small center, except that a license may be issued to:
(a)
An applicant for a license from whom the office received the license application before January 1, 2012; or
(b)
An operator already licensed to operate a small center before January 1, 2012.
I.
The operator may not allow an employee, staff member, substitute, or volunteer to:
(1)
Be assigned to a group of children or have access to a child in care until the individual has successfully passed the child abuse and neglect clearance and a federal or State criminal background check; or
(2)
Be alone with a child or group of children until all checks have been successfully passed.
Regulation .02 Initial License.LinkCopy Citation
A.
An individual or organization not currently licensed and wanting to operate a child care center shall:
(1)
Complete an orientation to child care center licensing regulations that is offered or approved by the office;
(2)
File a notice of intent with the office before applying for permits in connection with construction or operation of a center;
(3)
Submit to the office at least 60 days before the proposed opening date a completed and signed application form, supplied by the office, that contains a statement of truthfulness and commitment to comply with this subtitle;
(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; and
(5)
Ensure that an application for a federal and State criminal background check is submitted for:
(a)
The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility;
(b)
The director;
(c)
Each employee, including substitutes and volunteers; and
(d)
Each individual 18 years old or older living on the child care center premises.
B.
Before the proposed opening date, the applicant shall submit the following items to the office, if not submitted at the time the written application form was submitted:
(1)
Signed and notarized permission to examine records of abuse and neglect of children and adults for information about:
(a)
The director;
(b)
Each employee, including substitutes and volunteers;
(c)
Each individual 18 years old or older living on the same premises as the child care center;
(d)
The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility; and
(e)
Trustees, managers, or board members who may have frequent contact with children in care, if the applicant is a corporation, agency, association, or other organizational entity;
(2)
Evidence of compliance with all applicable zoning and building codes;
(3)
Site plans;
(4)
Floor plans with architectural details;
(5)
A written plan of operation;
(6)
Workers' Compensation insurance information;
(7)
Fire evacuation plan;
(8)
A complete personnel list, on a form supplied or approved by the office, and all related supporting documentation required by the office;
(9)
A complete staffing pattern, on a form supplied or approved by the office, which specifies by staff name all child care assignments;
(10)
Menu for 4 weeks;
(11)
A written child discipline policy; and
(12)
All other documentation required by law or regulation, including but not limited to:
(a)
Proof of an on-site inspection and approval by the local fire authority having jurisdiction; and
(b)
Building use and occupancy permits.
C.
Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §A(4) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for a child care center license, 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.
Regulation .03 Continuing License.LinkCopy Citation
A.
Obtaining a Continuing License. An operator shall submit to the office, before expiration of the initial license:
(1)
A request for a continuing license, on a form supplied by the office;
(2)
Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified at Regulation .02B(1) of this chapter; and
(3)
Any other documentation required by law or regulation.
B.
The office may not approve a continuing license until:
(1)
All items specified in §A of this regulation have been received and approved by the office; and
(2)
The center has passed a fire safety inspection conducted by the local fire authority having jurisdiction.
C.
Maintaining a Continuing License.
(1)
The operator shall comply with all applicable requirements under this chapter.
(2)
By the end of each 12-month period after the date of issuance of a continuing license, the operator shall provide to the office documentation of compliance with applicable continued training requirements set forth at COMAR 13A.16.06.05—.12.
(3)
By the end of each 24-month period after the date of issuance of a continuing license, the operator shall provide to the office:
(a)
Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified at Regulation .02B(1) of this chapter; and
(b)
Any other documentation required by law or regulation.
(4)
The child care center shall maintain documentation of having passed the most recent fire inspection required by the local fire authority having jurisdiction.
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 license additional time to meet all applicable requirements, the Office may approve an initial or a continuing license 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 license may not be approved if the Office has not yet received evidence that the applicant and each individual, as applicable, specified at Regulation .02A(4) and B(1) 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 license 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 license; or
(b)
Circumstances beyond the control of the applicant, the Office may continue the provisional status for one or more additional periods of up to 120 days per period, except that provisional status may not be continued for more than 24 months after the start of the first provisional period.
(4)
If the Office denies a license at the end of the provisional period, the applicant or operator does not have a valid license and shall cease operating.
B.
Conditional Status.
(1)
If an operator who holds a continuing license fails to remedy a violation as required, the Office may place the license 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 license on conditional status, the Office shall issue to the operator a revised license that states the:
(a)
Placement of the license 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 license, the operator shall:
(a)
Remove from display in the center the continuing license that was originally issued; and
(b)
Display the revised license as required by Regulation .01E of this chapter.
(4)
If the operator 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 operator to redisplay the original continuing license.
(5)
If the operator fails to satisfy all requirements for lifting the conditional status within the specified period of time, the Office may suspend or revoke the continuing license.
Regulation .05 Response of the Office to Application.LinkCopy Citation
A.
Upon receiving a completed application, whether for an initial license or a continuing license, and all documentation required by law or regulation, the office shall determine compliance with the requirements of this chapter by:
(1)
Evaluating the application and required documentation; and
(2)
Inspecting the:
(a)
Facility proposed for use as a child care center, if the application is for an initial license; or
(b)
Child care center, if the application is for a continuing license.
B.
Except as specified at §C of this regulation, the office shall, within 30 days after completing the procedures in §A of this regulation:
(1)
For an initial license application:
(a)
Issue an initial license;
(b)
Issue an initial license with provisional status; or
(c)
Deny an initial license; or
(2)
For a continuing license application, issue or deny a continuing license.
C.
The office may not issue an initial license until child care staff, sufficient in number to meet the staff/child ratio and group size requirements of COMAR 13A.16.08.03 as they apply to the requested child capacity, have successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records.
Regulation .06 Denial of License.LinkCopy Citation
A.
An office may deny an application for an initial license or a continuing license if:
(1)
The applicant or the building in which child care is provided fails to meet the requirements of this chapter;
(2)
An evaluation of the application form, medical documents, or any documents required by the office reveals that the applicant reported false information;
(3)
The applicant has a history of regulatory violations which demonstrates an inability to provide for the health or safety of children;
(4)
The applicant has previously had a family day care registration, child care center license, or letter of compliance denied or revoked by the office, 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 licensing;
(6)
An evaluation of criminal records or records of abuse or neglect of children and adults indicates, for those identified in Regulation .02A(4) and .02B(1) of this chapter, behavior harmful to children; or
(7)
The office concludes that the applicant cannot provide for the health, safety, or welfare of the children in care on the basis of:
(a)
Substantial, credible evidence of the applicant's abuse of alcohol or controlled dangerous substances, mental instability, or other condition; or
(b)
Other pertinent information received by the office which creates reasonable doubt as to the applicant's ability to provide child care in accordance with this subtitle.
B.
If the office denies an application, the office shall notify the applicant in writing by certified mail of the denial, stating the:
(1)
Reason for denial;
(2)
Specific regulation with which the applicant has failed to comply that is the basis for the denial;
(3)
Applicant's right to request a hearing; and
(4)
Procedure to be used if the applicant wishes to request a hearing to appeal the decision of the office.
C.
Denial Before Complete Application.
(1)
The office may deny an application for an initial or a continuing license 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 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.
Chapter annotations
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; 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)
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 14, 2014 (41:7 Md. R. 423)
History: Regulation .01B amended effective March 21, 2011 (38:6 Md. R. 396)
History: Regulation .01C amended effective January 13, 2020 (47:1 Md. R. 14)
History: Regulation .01F adopted effective March 21, 2011 (38:6 Md. R. 396)
History: Regulation .01G adopted effective January 23, 2012 (39:1 Md. R. 20)
History: Regulation .01I adopted effective January 13, 2020 (47:1 Md. R. 14)
History: Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)
History: Regulation .02A amended effective April 19, 2010 (37:8 Md. R. 618); November 13, 2023 (MD. R. 977)
History: Regulation .03A, C amended effective July 20, 2015 (42:14 Md. R. 883)
History: Regulation .03C amended effective April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 14)
History: Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 883)
History: Regulation .04B amended effective January 13, 2020 (47:1 Md. R. 14)
History: Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)