# COMAR Title 13A — State Board of Education

## Subtitle 16 — Child Care Centers

### Chapter 15 — Drop-In Centers

**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 .03E amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 14)

#### Regulation .01 License Permitted.

*COMAR 13A.16.15.01*

An office may issue a license to a drop-in center.

#### Regulation .02 Scope of Care.

*COMAR 13A.16.15.02*

A drop-in center shall provide care exclusively to children on an intermittent and occasional basis for less than 4 hours a day while parents are not on the same premises or not immediately available, or both. Drop-in centers include child care centers located in shopping malls or shopping centers for the occasional use of customers, child care centers located in resorts for vacationers, and similar settings.

#### Regulation .03 Applicability of Subtitle.

*COMAR 13A.16.15.03*

An applicant for a drop-in center license shall meet the requirements of this subtitle with the exception of:

A. COMAR 13A.16.03.02 concerning admission to care;

B. COMAR 13A.16.05.12 concerning outdoor activity area;

C. COMAR 13A.16.09.01A(7) concerning outdoor play;

D. COMAR 13A.16.09.03B(1) and (2) concerning materials and equipment;

E. COMAR 13A.16.10.01A(3)(c) concerning emergency evacuation and disaster drills for children; and

F. COMAR 13A.16.12.01 concerning food service.

#### Regulation .04 Plan of Operation.

*COMAR 13A.16.15.04*

A. An applicant for a drop-in center license shall:

  (1) Submit to and receive prior approval from the office of a written plan of operation for the center; and

  (2) Operate according to the approved plan.

B. An applicant shall include in the written plan of operation:

  (1) The ages, numbers, and groupings of children to be served;

  (2) The space, materials, equipment, and furnishings to be used at the center;

  (3) The hours, days, and months of operation;

  (4) The activity program of the center; and

  (5) A method for ensuring that children are released only to their parents or other persons authorized by parents to pick up children who are properly identified to the center.

#### Regulation .05 Special Variances.

*COMAR 13A.16.15.05*

An applicant may request variances for COMAR 13A.16.05.03A concerning indoor space requirements, and COMAR 13A.16.08.03 concerning group size and staffing.

#### Regulation .06 Admission Requirements.

*COMAR 13A.16.15.06*

A. A child younger than 2 years old may not be admitted to a drop-in center.

B. The operator shall:

  (1) Require the parent of each child to complete and sign an emergency card and health history form on the child before the child's admission to the center; and

  (2) Ensure that the emergency card and health history form are signed and updated, if necessary, by the parent each time the child is dropped off at the center.