Chapter 08. Child Supervision
Regulation .01 Individualized Attention and Care.LinkCopy Citation
An operator shall ensure that:
A.
Each child receives:
(1)
Attention to the child's individual needs, including but not limited to:
(a)
Making reasonable accommodations for a child with a disability; and
(b)
Allowing an adult who provides specialized services to a child in care to provide those services on the facility premises as specified in the child’s individualized education plan, individualized family service plan, or written behavioral plan; and
(2)
Adequate supervision and care at all times which is:
(a)
Provided only by individuals who are designated by the operator to provide supervision and care; and
(b)
Appropriate to the individual age, needs, and capabilities of the child;
B.
Each staff member providing care to a child is:
(1)
Oriented to the child's individual care needs; and
(2)
Prepared to provide the appropriate individual care;
C.
Written information about the child's individual needs that was supplied by the parent by the time of the child's admission to care is used by the operator to meet the child's individual care needs;
D.
A child is under close and continuous supervision whenever using potentially dangerous activity materials or equipment such as scissors, sharp tools, or knives; and
E.
A child is allowed to travel to or from school or a school transportation site without adult supervision only if:
(1)
The child is in the first or a higher grade; and
(2)
The child's parent and the operator agree in writing that the child can travel safely without adult supervision.
Regulation .02 Supervision by Qualified Staff.LinkCopy Citation
A.
At all times while in care, each child shall be assigned to a group of children that is supervised by an individual who:
(1)
Meets the requirements of COMAR 13A.16.06.09 or .10, depending on the age composition of the group; or
(2)
Has received a variance, issued by the Office, from the requirements of COMAR 13A.16.06.09 or .10 in order to serve as a teacher for the purpose of providing instruction to the group in a specific discipline such as, but not limited to, karate, dance, or music.
B.
The operator shall assign qualified child care teachers to each group of children as needed to meet the requirements for group size and staffing set forth at Regulation .03 of this chapter.
C.
An infant or toddler may be handled or fed only by an individual designated to do so by the center operator.
D.
Staff Availability.
(1)
An operator shall designate a child care teacher to be present and in charge of the center in case of the director's temporary absence from the center.
(2)
If a preschool child care teacher or a school age child care teacher, as applicable, is not available for assignment to a group of children, the center director may supervise the group until a child care teacher becomes available for assignment.
(3)
If the only children in attendance at the center are:
(a)
Younger than 2 years old and only one staff member is needed to meet staff/child ratio requirements, the operator shall ensure that an additional staff member or another adult, who has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records, is available in the center; or
(b)
2 years old or older and only one staff member is needed to meet staff/child ratio requirements, the operator shall have a written, signed, and dated agreement from an adult who has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records and is willing and able to be at the center within 15 minutes of notification.
Regulation .03 Group Size and Staffing.LinkCopy Citation
A.
Assignment of Staff. One or more child care teachers shall be assigned to each group of children as needed to meet the requirements for group size and staffing set forth at §§C—E of this regulation.
B.
Age of a Child. For purposes of determining group size and staff required under this chapter, the age of a child is determined solely according to the date of the child's most recent birthday.
C.
Same-Age Groups.
(1)
In a group of children in which each child is younger than 2 years old, the following staff/child ratio and maximum group size requirements apply:
(2)
In a group of children of the same age who are 2 years old or older, the following staff/child ratio and maximum group size requirements apply:
D.
Mixed-Age Groups.
(1)
In a mixed-age group with infants or toddlers, the following minimum staffing levels apply:
(2)
In a mixed-age group with preschool children:
(a)
The group size may not exceed 20 children;
(b)
If the group contains preschool children 3 years old or older, the staff-to-child ratio is 1 to 10;
(c)
If the group size is 13 to 20 children, the group may not contain more than six 2-year-olds; and
(d)
If the group contains children who are 2 years old and the group size varies, the following minimum staffing levels apply:
(3)
School-Age Groups. In a group where 3-year-old and 4-year-old children, enrolled in a public or nonpublic school, are mixed with school-age children, the following minimum staffing levels and maximum group size requirements apply:
E.
Group Size and Staffing in Approved Educational Programs.
(1)
During a school day approved by the Department, a teacher shall be assigned to each class and the following requirements apply:
(2)
A nursery school may not exceed a staff/child ratio or group size requirement set forth at §E(1) of this regulation, except that a Montessori school that has been approved by the Department may exceed a staff/child ratio or group size requirement by no more than 1/3.
(3)
When children who are 2 years old, 3 years old, 4 years old, and 5 years old are grouped together, the average age of all the children in the group as of September 1 of that school year is used to determine the group's maximum size and staff/child ratio.
Regulation .04 Variations in Group Size.LinkCopy Citation
A.
Group sizes for all ages may vary during outdoor play and special activities such as field trips and assemblies, only if the operator maintains the staff/child ratios required by this chapter.
B.
Groups containing only school age children may be of any size, pursuant to a plan approved by the office, if the staff/child ratios required by this chapter are maintained.
Regulation .05 Supervision During Water Activities.LinkCopy Citation
A.
An operator shall have prior written approval from a child's parent for the child's participation in a water activity.
B.
If a wading or swimming area is 4 feet or less in depth, each child engaged in a water activity shall receive continuous supervision by a staff member.
C.
If the water exceeds 4 feet in depth, there shall be a lifeguard present who:
(1)
Holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department;
(2)
Is present at waterside during the swimming activity; and
(3)
Is not included in the required staff/child ratio.
D.
Except during a swimming lesson conducted by a certified water safety organization, such as the American Red Cross, that is acceptable to the office or the local health department, whenever water is over the chest of a child who cannot swim, the child shall receive one-to-one supervision by a staff member who is in the water with the child.
Regulation .06 Supervision During Transportation.LinkCopy Citation
When child transportation is conducted to or from:
A.
The center by the center operator, there shall be at least one adult, who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records pursuant to COMAR 13A.16.07.06D, other than the driver present in the vehicle if:
(1)
More than eight preschoolers are being transported as a group; or
(2)
At least one child is being transported and the driver of the vehicle is not:
(a)
A center employee; or
(b)
The parent of a child in care who is authorized by the operator to assist in transporting children in care; or
B.
An off-site activity by an independent contractor or a local school district and at least one child in care is being transported, the center operator shall ensure that there is at least one adult other than the driver present in the vehicle.
Regulation .07 Playground Supervision.LinkCopy Citation
When a group of children is engaged in a playground or outdoor activity, staff members assigned to the group shall:
A.
Station themselves among the children so that immediate intervention can occur if necessary; and
B.
If a child expresses or shows signs of discomfort due to over-activity, temperature or weather conditions, or other physical or environmental factors, take immediate and appropriate steps to alleviate the discomfort.
Regulation .08 Rest Time Supervision.LinkCopy Citation
A.
During a rest period for a group of children who are younger than 2 years old:
(1)
The required staff/child ratio applicable to that group shall be maintained; and
(2)
Each staff member assigned to the group shall remain with the children.
B.
During a rest period for a group of children who are 2 years old or older:
(1)
The required staff/child ratio applicable to that group shall be maintained until all the children are resting quietly; and
(2)
Once all the children in the group are resting quietly:
(a)
At least one child care teacher or aide assigned to the group shall continue to remain in the room with the children; and
(b)
Other staff members, if any, assigned to the group may leave the room but shall remain on the premises and within hearing range.
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 .01A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)
History: Regulation .02A amended effective July 20, 2015 (42:14 Md. R. 883)
History: Regulation .03 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)
History: Regulation .03G amended effective April 19, 2010 (37:8 Md. R. 618)
History: Regulation .06A amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 14)