A staff member in a child care center may not be younger than 16 years old. On or before assignment, an operator shall document that each employee and staff member has been informed in writing about all areas pertinent to the health and safety of the children, including: The location of the telephone and emergency telephone numbers; The location of each child's emergency form; Emergency evacuation procedures; Identity of the staff members who have first aid and CPR training; Identity of the staff members and other adults who are required to be available to provide emergency coverage pursuant to COMAR 13A.16.08.02D(3); Handwashing procedures; The center's child discipline policy; The requirements and procedures for reporting suspected child abuse and neglect, according to Family Law Article, §§5-704—5-705, Annotated Code of Maryland; Signs and symptoms of abuse and neglect in children; The content of the most current regulations in this subtitle; and The community resources available to the family of a child who may have special needs. A child care center operator may not employ an individual who 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: A crime involving: A child; Cruelty to animals; Domestic violence of an intimate partner or spouse; or A weapons or firearms violation of federal or state laws; A sex offense; A violent crime classified as a felony, including physical assault or battery; Abduction or kidnapping; Abuse of a child or an adult; Confinement of an unattended child; Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years; Perjury; Pornography; Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the preceding 5 years; Reckless endangerment; or The felony of: Murder; Spousal abuse; or Arson. If an individual has been identified at any time as responsible for child abuse or neglect or 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 a crime or offense that is not included in §A of this regulation, the office: Shall assess, on the basis of the following factors, the individual's suitability for employment: The job position at the center for which the individual is applying or in which the individual is currently employed; The nature and seriousness of the incident, crime, or offense; How long ago the incident, crime, or offense occurred; The age of the individual at the time the incident, crime, or offense occurred; The individual's probation or parole status, if applicable; and Any other information the office considers pertinent; and Depending on the results of the assessment, shall permit or prohibit employment of the individual. Request for Reassessment. An individual who is prohibited from employment by the office pursuant to §B of this regulation may request the office to conduct a reassessment with respect to the incident, crime, or offense. For a reassessment request to be eligible for consideration: The request shall be in writing and shall include documentation, such as but not limited to letters of support or evaluation reports, pertinent to the incident, crime, or offense; and The individual may not have submitted a reassessment request, whether for the same or a different job position, within the previous 12 months. In order to reach a decision on the request, the office may request additional information from the individual, the center operator, or any agency or entity cited by the individual or the operator in connection with the reassessment request. Upon reaching a decision on the request, the office shall promptly notify the individual of that decision. The center operator may not permit the individual to begin or to resume employment until the office has notified the operator that the individual may be employed. Notification of Employment Prohibition. If the office, pursuant to this chapter, determines that an individual may not be employed at a center, the office shall notify the individual and the center operator in writing of that decision and its basis. The written notification to the individual shall also: State that the individual may appeal the decision to the Office of Administrative Hearings (OAH); and Specify the requirements for submitting an appeal to the OAH. Upon notification that an individual may not be employed, the center operator: Shall promptly terminate the individual from employment or from consideration for employment, as applicable; and Unless the individual appeals the decision to the OAH and the appeal is concluded in favor of the individual, may not: Reconsider the individual for employment; Permit the individual to have any contact with an unrelated child in care; or Allow the individual on the premises of the facility except to exercise parental responsibilities with respect to a related child in care. An operator may not allow an individual to serve, or to continue to serve, in a child care position for which the individual does not meet the employment qualification or training requirements set forth at Regulations .05—.12, as applicable, of this chapter, unless the individual is a substitute functioning in accordance with Regulation .13 of this chapter. Medical Evaluation. An operator shall obtain a medical evaluation, conducted by a practicing physician, certified nurse practitioner, or registered physician’s assistant, on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the center, from each prospective: Staff member; and Except for a health care professional serving as a consultant pursuant to Regulation .14C of this chapter, support staff who will be present at the center while children are in care. The medical evaluation shall be signed by the individual who conducted the evaluation or the individual’s designee and include verification that the staff member: Is free of communicable tuberculosis, if indicated; and Has the capability to perform the duties of the staff member’s position. The medical evaluation may transfer directly from one center to another if the evaluation was completed within 24 months before the transfer. The medical evaluation shall be updated every 5 years, measured from the individual’s previous medical evaluation date. Exclusion from Work. Except with the approval of the office and the health officer, an operator may not permit an individual with a serious transmissible infection or communicable disease listed in the Communicable Diseases Summary, as published by the Maryland Department of Health, to work at the child care center during the period of exclusion from child care recommended by the Summary. Except when engaged in occasional center-related activities or away on leave, a director shall be present in a center during at least 1/2 of the operating hours of the center each week to: Plan and supervise all aspects of the program for children; Supervise the staff; and Be available to staff, parents, and children. To qualify as a director of a center, an individual shall: Be at least 21 years old; Hold a high school diploma or a certificate of high school equivalence, or have successfully completed at least two courses for credit from an accredited college or university; Have successfully completed: 9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit; 3 semester hours or their equivalent of approved administrative training, unless approved as a school-age center director in a center authorized to serve only school-age children; and 3 clock hours of approved training in complying with the Americans with Disabilities Act; Have successfully completed 6 semester hours or 90 clock hours, or their equivalent, of approved preservice training, or hold the Child Development Associate National Credential that is issued by the Council for Professional Recognition; Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and Within 6 months after date of hire, complete a regulation training to the requirements of this subtitle that is conducted by the office, if hired on or after January 1, 2009. A director shall: According to the individual's professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of employment as a director, that consists of a: Minimum of 6 clock hours of core of knowledge training; and Maximum of 6 clock hours of elective training; Document completion of the continued training on the professional development plan; and Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year. In a preschool center with infants or toddlers in care, a director, in addition to meeting the requirements of §§B—F of this regulation, as applicable, shall have: 3 semester hours of approved training, or the equivalent, related to the care of infants and toddlers; and Approved training in supporting breastfeeding practices. In a preschool center with 20 or fewer children, a director shall have completed 1 year of experience: Working primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting; or Caring for preschoolers as a registered family child care provider. In a preschool center with 21 to 40 children, a director shall have completed: Either: 30 semester hours of college coursework that has not less than 20 semester hours specifically in early childhood education; or 60 semester hours from an accredited institution of higher learning; and 2 years of experience: Working under supervision primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting; or Caring for preschoolers as a registered family child care provider. In a preschool center with more than 40 children, a director shall have: Attained: An associate's degree with a minimum of 15 semester hours of approved course work in early childhood education; or A bachelor's degree in any field; and Completed 2 years of experience: Working under supervision primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting; or Caring for preschoolers as a registered family child care provider. An individual is considered qualified as a director of any size preschool center when that individual: Has completed 1 year of experience: Working primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting; or Caring for preschoolers as a registered family child care provider; and Has received either: Approval by the Department as a teacher for early childhood education, including nursery school through third grade, and has 6 semester hours in early childhood education; or Certification by the Department or by any other state for early childhood education, including nursery school through third grade. If, as of July 1, 2008, an individual was currently employed at a preschool center for 20 or fewer, 21 to 40, or more than 40 children and qualified as the director of that center, the individual continues to be qualified as the director if continuously employed at the same or another center with the same or greater capacity limitations. In a school age center with a capacity of 60 or fewer children, the director shall have completed at least: 400 hours of experience working under supervision primarily with school age children in a licensed child care center, public or private school, or a similar setting; or 1 year of experience caring for school age children as a registered family child care provider. In a school age center with a capacity of 61 or more children, the director shall have completed at least: 800 hours of experience working under supervision primarily with school age children in a licensed child care center, public or private school, or similar setting; or 2 years of experience caring for school age children as a registered family child care provider. An individual is considered qualified as a director of a school age center if the individual is certified for kindergarten, nursery school through third grade, or grades 1 through 8 by the Department or by the state board of any other state. If, as of July 1, 2008, an individual was currently employed at a center serving only school age children and qualified as the director of that center, the individual continues to be qualified as the director if continuously employed at the same or at another school age center. A preschool center director may have responsibility for the entire center if the center enrolls both preschoolers and school age children. A school age center director may have responsibility for the entire center if the center: Does not enroll any infants or toddlers; and Enrolls five or fewer children younger than kindergarten age. If a school age center located in a public or nonpublic school enrolls more than five children younger than kindergarten age who are not enrolled in that school, the operator shall provide a director who meets the requirements, based on the total capacity of the center, for both a preschool center director and a school age center director. To qualify or continue to qualify as a child care teacher in a preschool center, an individual shall: Be 19 years old or older; Have a high school diploma, a certificate of high school equivalence, or courses for credit from an accredited college or university; Have successfully completed 6 semester hours or 90 clock hours or their equivalent of approved preservice training, or hold the Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; Have completed 3 clock hours of approved training in complying with the Americans with Disabilities Act; Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; Have 9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit; and Have at least: 1 year of experience working under supervision primarily with preschoolers in a licensed child care center, nursery school, church-operated school, or similar setting, or as a registered family child care provider caring for preschoolers; or 1 year of college, or a combination of experience and college that together are equivalent to 1 year and meet one of the criteria set forth at §A(6) of this regulation. An individual meets the requirements of §A(3) of this regulation if the individual: Holds an associate’s or higher degree with approved courses in early childhood education; Has been qualified before July 1, 2008, as a child care teacher in a preschool center and has been continuously employed since that time at the same or another preschool center; Has been approved as a teacher by the Department for early childhood in nursery school through third grade; or Is certified by the Department or by any other state for early childhood in nursery school through third grade. A child care teacher in a preschool center shall: According to the individual’s professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of employment as a child care teacher, that consists of a: Minimum of 6 clock hours of core of knowledge training; and Maximum of 6 clock hours of elective training; Document completion of the continued training on the professional development plan; and Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year. A child care teacher wishing to supervise a group of infants or toddlers shall: Unless qualified by the office before July 1, 2008, to supervise a group of infants or toddlers: Meet the requirements of §A of this regulation and have completed 3 semester hours of approved training, or the equivalent, related to the care of infants and toddlers; or Meet the requirements of §A(1), (2), and (4)—(7) of this regulation and have completed 6 semester hours of approved training, or the equivalent, related exclusively to the care of infants and toddlers; and Have completed approved training in supporting breastfeeding practices. An individual who has not met the requirements specified in Regulation .09 of this chapter is eligible for employment as a child care teacher for children 3 years old and older in a preschool center for a probationary period of up to 6 months if the individual: Is applying for employment as a child care teacher for the first time in a Maryland center or home; Is 19 years old or older; Is enrolled in 3 clock hours of approved training in compliance with the Americans with Disabilities Act; Is enrolled in the approved basic health and safety training; and Meets the requirements of §B or C of this regulation. An individual meets the requirements of §A(5) of this regulation, if the individual: Holds an associate degree or a bachelor’s degree in: Early childhood education; Elementary education; Child development; Home economics; Nursing; Social work; Special education; or A related field approved by the Department; and Is enrolled in 90 clock hours or 6 semester hours of approved preservice training. An individual meets the requirements of §A(5) of this regulation, if the individual: Holds an associate degree or a bachelor’s degree in a field other than the fields specified in §B(1) of this regulation; Has successfully completed at least 45 clock hours of the 90 clock hours or 3 semester hours of the 6 semester hours of approved preservice training; and Is enrolled in the remaining 45 clock hours or 3 semester hours of the approved preservice training. A probationary employee shall complete: The approved basic health and safety training required in §A(4) of this regulation within 90 days of employment; The approved training in compliance with the Americans with Disabilities Act as required in §A(3) of this regulation within 6 months of employment; and The approved preservice training required in §B(2) or C(3) of this regulation within 6 months of employment. Except as provided in §F of this regulation, if a probationary employee fails to complete any of the training requirements of this regulation within the time periods designated in §D of this regulation, a preschool center shall either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the center. If a preschool center requests an extension of time for a probationary employee to complete any of the training requirements of this regulation, the Department may: Without further cause, deny the request and direct the preschool center to either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the center; or Upon a showing of good cause, grant the request and allow the probationary teacher to remain in a teaching position at the center for a period of time determined by the Department and approved by the Superintendent. To qualify as a child care teacher in a school age center, an individual shall: Be 19 years old or older; Hold a high school diploma or a certificate of high school equivalence or have successfully completed courses for credit from an accredited college or university; Have completed 3 clock hours of approved training in Americans with Disabilities Act compliance; Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and Meet one of the criteria set forth in §B of this regulation. The individual shall meet one of the following: The individual has successfully completed: 6 semester hours or 90 clock hours or their equivalent of approved preservice training; 9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit; and One of the following: 400 hours of experience working under supervision primarily with school age children in a licensed child care center, public or private school, or similar setting, or 400 hours of experience caring for school age children as a registered family child care provider; 1 year of college; or A combination of experience and college that together are equivalent to 1 year; The individual holds a bachelor’s degree in: Early childhood education, elementary education, special education, or child development; or Any academic subject and has 1,800 hours of experience working with school-age children in an approved setting. The individual qualified before July 1, 2008, as a child care teacher in a school age center and has been continuously employed since that time as a child care teacher at the same or another school age center; or The individual: Has been approved as a teacher by the State Department of Education under COMAR 13A.09.09 for kindergarten or grades 1 through 8; or Is certified by the Department or by the state board of any other state for kindergarten or grades 1 through 8. A child care teacher in a school age center shall: According to the individual's professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of employment as a child care teacher, that consists of a: Minimum of 6 clock hours of core of knowledge training; and Maximum of 6 clock hours of elective training; Document completion of the continued training on the professional development plan; and Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year. An individual who has not met the requirements specified in Regulation .10 of this chapter is eligible for employment as a child care teacher in a school age center for a probationary period of up to 6 months if the individual: Is applying for employment as a child care teacher for the first time in a Maryland center or home; Is 19 years old or older; Is enrolled in 3 clock hours of approved training in compliance with the Americans with Disabilities Act; Is enrolled in the approved basic health and safety training; and Meets the requirements of §B or C of this regulation. An individual meets the requirements of §A(5) of this regulation, if the individual: Holds an associate degree or a bachelor’s degree in: Early childhood education; Elementary education; Child development; Home economics; Nursing; Social work; Special education; or A related field approved by the Department; and Is enrolled in 90 clock hours or 6 semester hours of approved preservice training. An individual meets the requirements of §A(5) of this regulation, if the individual: Holds an associate degree or a bachelor’s degree in a field other than the fields specified in §B(1) of this regulation; Has successfully completed at least 45 clock hours of the 90 clock hours or 3 semester hours of the 6 semester hours of approved preservice training; and Is enrolled in the remaining 45 clock hours or 3 semester hours of the approved preservice training. A probationary employee shall complete: The approved basic health and safety training required in §A(4) of this regulation within 90 days of employment; The approved training in compliance with the Americans with Disabilities Act as required in §A(3) of this regulation within 6 months of employment; and The approved preservice training required in §B(2) or C(3) of this regulation within 6 months of employment. Except as provided in §F of this regulation, if a probationary employee fails to complete any of the training requirements of this regulation within the time periods designated in §D of this regulation, a school age center shall either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the center. If a school age center requests an extension of time for a probationary employee to complete any of the training requirements of this regulation, the Department may: Without further cause, deny the request and direct the school age center to either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the center; or Upon a showing of good cause, grant the request and allow the probationary teacher to remain in a teaching position at the center for a period of time determined by the Department and approved by the Superintendent. To qualify as an assistant child care teacher in a school age center, an individual shall: Be 18 years old or older; Hold a high school diploma or a certificate of high school equivalence, or have successfully completed courses for credit from an accredited college or university; Have completed 9 clock hours of approved preservice training in communicating with staff, parents, and the public, or have completed at least one academic college course for credit; Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and Have at least one of the following: 800 hours of recent paid or documented volunteer experience supervising groups of school-age children in educational, recreational, social, or guidance contexts; 600 hours of approved experience and 15 clock hours of approved college coursework; or 400 hours of approved experience and 3 semester hours or 45 clock hours, or their equivalent, of approved college coursework. An individual may substitute completion of 1 full year of undergraduate education at an accredited college or university for up to 400 hours of approved experience. An assistant child care teacher in a school age center shall: According to the individual's professional development plan, complete approved continued training, at the rate of at least 6 clock hours per full year of employment as an assistant child care teacher, that consists of a: Minimum of 3 clock hours of core of knowledge training; and Maximum of 3 clock hours of elective training; Document completion of the continued training on the professional development plan; and Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year. An assistant child care teacher may lead the activities of a group of school-age children if: The director, a child care teacher, or an approved director or child care teacher substitute is available to render immediate assistance to the assistant child care teacher; and The staff/child ratio required by this chapter is maintained at all times. An individual who qualified before July 1, 2008, as an assistant child care teacher in a school age center and has been continuously employed since that time as an assistant child care teacher at the same or another school age center meets the requirements of this regulation. An aide shall: Be 16 years old or older; Work under the direct supervision of the staff person in charge of the group of children to whom the aide is assigned; and Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment. An aide in a child care center shall: According to the individual’s professional development plan, complete approved continued training, at the rate of at least 6 clock hours per full year of employment as a child care aide, that consists of a: Minimum of 3 clock hours of core of knowledge training; and Maximum of 3 clock hours of elective training; Document completion of the continued training on the professional development plan; and Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year. Unless an individual, hired on or after January 1, 2009, to work as an aide, has completed 90 clock hours or the equivalent in early childhood education preservice training, the individual shall complete, within 6 months after the date of hire, an orientation session that follows guidelines established by the office and includes, but is not limited to: Proper child supervision; Workplace professionalism; and Interacting with parents. A substitute shall be 18 years old or older, except that a substitute aide may be 16 years old or older. When a staff member is absent, the operator shall provide a substitute as needed to maintain the staff/child ratios required by COMAR 13A.16.08.03. If a substitute is needed for longer than a continuous 2-week period, the operator shall provide a substitute who meets the qualifications required in this chapter for the absent staff member, or demonstrate that reasonable efforts have been made, with no success, to obtain a qualified substitute. If a staff member is absent for more than a continuous 2-week period due to family or medical leave, the operator may receive permission from the office to employ a substitute for that absent staff member who does not meet the education, training, and experience qualifications for the absent staff member's position. In a center where staff/child ratio and group size requirements set forth in COMAR 13A.16.08.03 require the presence of only one staff member, the substitute shall be qualified as a director or a teacher. The operator or the director shall provide additional personnel for all duties not involving direct supervision of children, such as personnel for food preparation and service, housekeeping, transportation, clerical, and other duties, if necessary to maintain the correct staff/child ratios at all times. In a small center, the operator need not provide additional staff if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed. The operator of a center that provides a regular service involving the use of specialized health care procedures or equipment shall use as a consultant to the center in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other licensed or certified service professional as appropriate. A child care center volunteer shall be under the close supervision of a staff member whenever the volunteer is in contact with an unrelated child in care at the center. The operator may not use as a volunteer an individual who has been prohibited, or automatically would be prohibited, from employment at the center pursuant to Regulation .03A or B of this chapter. Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; Family Law Article, §§5-550—5-558; 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) Effective date: October 20, 2008 (35:21 Md. R. 1826) Regulation .02K adopted effective July 20, 2015 (42:14 Md. R. 883) Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 14); April 18, 2022 (49:7 Md. R. 500) Regulation .03B amended effective April 14, 2014 (41:7 Md. R. 423) Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 14) Regulation .05B amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .05B, C amended effective January 13, 2020 (47:1 Md. R. 14) Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14) Regulation .08C amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .09 amended effective April 19, 2010 (37:8 Md. R. 618) Regulation .09A, C amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .09-1 adopted effective November 13, 2023 (50:22 Md. R. 977) Regulation .10 amended effective January 13, 2020 (47:1 Md. R. 14) Regulation .10B amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .10-1 adopted effective November 13, 2023 (50:22 Md. R. 977) Regulation .11A amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .11A, C amended effective January 13, 2020 (47:1 Md. R. 14) Regulation .12 amended effective January 13, 2020 (47:1 Md. R. 14) Regulation .12B amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .13E adopted effective July 20, 2015 (42:14 Md. R. 883) Regulation .15 amended effective March 21, 2011 (38:6 Md. R. 396)