Chapter 02. Letter of Compliance Application and Maintenance

A letter of compliance:

The operator shall surrender the letter of compliance to the office immediately if any of the following occurs or becomes effective:

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

Be alone with a child or group of children until all checks have been successfully passed.

File a notice of intent with the office before applying for permits in connection with construction or operation of a facility;

File with the office at least 60 days before the proposed opening date a signed and completed application form supplied by the office;

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

Ensure that an application for a federal and State criminal background check is submitted for:

Signed and notarized permission to examine records of abuse and neglect of children and adults for information about:

Evidence of compliance with all applicable zoning and building codes;

Site plans;

Floor plans with architectural details;

A written plan of operation;

Workers' Compensation insurance information;

Fire evacuation plan;

A complete personnel list, on a form supplied or approved by the office, and all related supporting documentation required by the office;

A complete staffing pattern, on a form supplied or approved by the office, which specifies by staff name all child care assignments;

Menu for 4 weeks;

A written child discipline policy; and

All other documentation required by law or regulation, including but not limited to:

Apply for a state criminal background check to be performed by a duly authorized entity within that state; and

Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.

A request for a continuing letter of compliance, on a form supplied by the office;

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

Any other documentation required by law or regulation.

All items specified in §A of this regulation have been received and approved by the office; and

The facility has passed a fire safety inspection conducted by the local fire authority having jurisdiction.

The operator shall comply with all applicable requirements under this subtitle.

By the end of each 24-month period after the date of issuance of a continuing letter of compliance, the operator shall provide to the office:

The child care facility shall maintain documentation of having passed the most recent fire inspection required by the local fire authority having jurisdiction.

Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing letter of compliance additional time to meet all applicable requirements, the office may approve an initial or a continuing letter of compliance 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.

An initial letter of compliance may not be approved if the office has not yet received evidence that the applicant and each individual, as applicable, specified at Regulation .02A(3) 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.

At the end of the provisional period, if all requirements for the initial or continuing letter of compliance are not met due to:

If the office denies a letter of compliance at the end of the provisional period, the applicant or operator does not have a valid letter of compliance and shall cease operating.

If an operator who holds a continuing letter of compliance fails to remedy a violation as required, the office may place the letter of compliance on conditional status for:

Upon placing a continuing letter of compliance on conditional status, the office shall issue to the operator a revised letter of compliance that states the:

If the operator satisfies all requirements for lifting the conditional status within the specified period of time, the office shall promptly:

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 letter of compliance.

Evaluating the application and required documentation; and

Inspecting the:

For an initial letter of compliance application:

For a continuing letter of compliance application, issue or deny a continuing letter of compliance.

The applicant or the building in which child care is provided fails to meet the requirements of this subtitle;

An evaluation of the application form, medical documents, or any documents required by the office reveals that the applicant reported false information;

The applicant has a history of regulatory violations that demonstrates an inability to provide for the health or safety of children;

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;

The applicant prevents the office from completing its responsibilities for issuing a letter of compliance;

An evaluation of criminal records or records of abuse or neglect of children and adults indicates, for those identified in Regulation .02A(3) and B(1) of this chapter, behavior harmful to children; or

The office concludes that the applicant cannot provide for the health, safety, or welfare of the children in care on the basis of:

Reason for denial;

Specific regulation with which the applicant has failed to comply that is the basis for the denial;

Applicant's right to request a hearing; and

Procedure to be used if the applicant wishes to request a hearing to appeal the decision of the office.

The office may deny an application for an initial or a continuing letter of compliance 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.

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.