# COMAR Title 13A — State Board of Education

## Subtitle 16 — Child Care Centers

### Chapter 07 — Child Protection

**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 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 .02A, D amended effective January 13, 2020 (47:1 Md. R. 14)

**Administrative History:** Regulation .03B, C amended effective January 13, 2020 (47:1 Md. R. 14)

**Administrative History:** Regulation .06C, D amended effective January 23, 2012 (39:1 Md. R. 20); January 13, 2020 (47:1 Md. R. 14)

**Administrative History:** Regulation .06D amended effective April 19, 2010 (37:8 Md. R. 618)

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

*COMAR 13A.16.07.01*

An operator, employee, substitute, volunteer, individual residing on the premises of the center, or other individual connected with the center may not subject a child to abuse, neglect, mental injury, or injurious treatment.

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

*COMAR 13A.16.07.02*

A. An operator, employee, substitute, or volunteer who has reason to believe that a child has been:

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

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

B. If a child has been subjected to injurious treatment, it shall be reported to the office.

C. An operator shall:

  (1) Instruct the staff to monitor all children daily for signs and symptoms of child abuse and neglect;

  (2) Instruct staff about their legal obligations to report suspected child abuse or neglect directly to the local department or the appropriate law enforcement agency; and

  (3) Post, near each telephone in the facility, the telephone numbers of the Child Protective Services unit of the local department and the appropriate law enforcement agency.

D. An operator may not require an employee, substitute, or volunteer to report through the operator or director, rather than directly to the local department or a law enforcement agency, when the employee has reason to believe that a child has been abused or neglected.

#### Regulation .03 Child Discipline.

*COMAR 13A.16.07.03*

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 chapter.

B. The operator, employee, substitute, or volunteer 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.

C. The operator shall:

  (1) Prepare a written child discipline policy that states the:

    (a) Discipline methods used at the center; and

    (b) The circumstances under which the child discipline methods may be applied;

  (2) Make the child discipline policy available to:

    (a) The parent of each child in care;

    (b) A parent who is considering whether to enroll their children; and

    (c) The office; and

  (3) Ensure that the child discipline policy is followed by each employee, substitute, volunteer, and other individual connected with the center.

#### Regulation .04 Parental Access.

*COMAR 13A.16.07.04*

An operator shall permit the parent of a child in care to:

A. Freely observe all areas of the center used for child care during operating hours; and

B. Have access to the parent's child at any time during the center's hours of operation, without appointment.

#### Regulation .05 Authorized Release.

*COMAR 13A.16.07.05*

An operator shall ensure that a staff member release a child only to the child's parent or to another individual, if directed by the parent, whose identity is verified. If the parent or identified individual is not available due to death, illness, emergency, or any other cause, or if requested by a Child Protective Services worker, the child may be released to Child Protective Services.

#### Regulation .06 Child Security.

*COMAR 13A.16.07.06*

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

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

C. Unless an employee or staff member has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records, the individual may not be alone with an unrelated child in care.

D. An employee or staff member who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records shall:

  (1) Accompany a child whenever the child is in the presence of another individual, unless the individual is:

    (a) Another child in care;

    (b) A health service consultant used by the facility operator pursuant to COMAR 13A.16.06.14C;

    (c) The child's parent, guardian, or other individual to whom the child may be released pursuant to Regulation .05 of this chapter;

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

    (e) During an off-site activity, another child's parent or guardian, who is designated in writing by the facility operator to assist in transporting children to or from the center; or

    (f) If the center is located at a school, an individual who for compensation is employed to work at the school; and

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

E. Activity Not Conducted by a Staff Member.

  (1) An activity involving the participation of children that is not conducted or led by a staff member is not permitted unless:

    (a) An appropriately qualified staff member is present throughout the activity to supervise the children; or

    (b) The center is located on the premises of a school and the activity is conducted under school auspices by an individual who for compensation is employed to work at the school.

  (2) A child may not participate in the activity unless the center has received prior written permission from the child's parent or guardian for the child's participation.