Requirement to be Licensed or Hold a Letter of Compliance. A tax-exempt religious organization that operates a nursery school or child care program in a school building used exclusively for children who are enrolled in that school, is required to be licensed under COMAR 13A.16 or to hold a letter of compliance in accordance with the requirements of this subtitle. General Requirements. A letter of compliance: Is nontransferable; and Remains the property of the office. The operator shall surrender the letter of compliance to the office immediately if any of the following occurs or becomes effective: The operator closes the facility permanently; The letter of compliance is suspended; The letter of compliance is revoked; The operator has not applied for a continuing letter of compliance before the expiration date of the initial letter of compliance; or The letter of compliance expires and an application for a continuing letter of compliance is denied. The operator may not allow an employee, staff member, substitute, or volunteer to: 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. Application Requirements. An individual or organization that does not currently hold a letter of compliance and wishes to operate a nursery school or child care program under this subtitle shall: 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: The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility; The director; Each employee, including substitutes and volunteers; and Each individual 18 years old or older living on the child care facility premises. Before the proposed opening date, the applicant shall submit the following items to the office, if not submitted at the time the written application form was submitted: Signed and notarized permission to examine records of abuse and neglect of children and adults for information about: The director; Each employee, including substitutes and volunteers; Each individual 18 years old or older living on the same premises as the child care facility; The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility; and Trustees, managers, or board members who may have frequent contact with children in care, if the applicant is a corporation, agency, association, or other organizational entity; 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: Proof of an on-site inspection and approval by the local fire authority having jurisdiction; and Building use and occupancy permits. Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §A(3) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for registration, the individual shall: 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. Obtaining a Continuing Letter of Compliance. An operator shall submit to the office, before expiration of the initial letter of compliance: 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. The office may not approve a continuing letter of compliance until: 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. Maintaining a Continuing Letter of Compliance. 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: Signed and notarized permission to examine records of abuse and neglect of children and adults for information about all individuals, as applicable, specified in Regulation .02B(1) of this chapter; and Any other documentation required by law or regulation. The child care facility shall maintain documentation of having passed the most recent fire inspection required by the local fire authority having jurisdiction. Provisional Status. 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: Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for the letter of compliance; or Circumstances beyond the control of the applicant, the office may continue the provisional status for one or more additional periods of up to 120 days per period, except that provisional status may not be continued for more than 24 months after the start of the first provisional period. 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. Conditional Status. 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: A period of up to 120 days; and Upon approval by the Agency's central office, an additional period of up to 120 days. 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: Placement of the letter of compliance on conditional status; Period of time of the conditional status; and Requirements for lifting the conditional status. If the operator satisfies all requirements for lifting the conditional status within the specified period of time, the office shall promptly: Discontinue the conditional status; and Reinstate the continuing letter of compliance. 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. Upon receiving a completed application for an initial letter of compliance or a continuing letter of compliance, and all documentation required by law or regulation, the office promptly shall determine compliance with the requirements of this subtitle by: Evaluating the application and required documentation; and Inspecting the: Facility proposed for use as a nursery school or child care program, if the application is for an initial letter of compliance; or Nursery school or child care program, if the application is for a continuing letter of compliance. Except as specified at §C of this regulation, the office shall, within 30 days after completing the procedures in §A of this regulation, promptly: For an initial letter of compliance application: Issue an initial letter of compliance; Issue an initial letter of compliance on a provisional basis; or Deny an initial letter of compliance; or For a continuing letter of compliance application, issue or deny a continuing letter of compliance. The office may not issue an initial letter of compliance until child care staff, sufficient in number to meet the staff/child ratio and group size requirements of COMAR 13A.17.08.03 as they apply to the requested child capacity, have successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records. An office may deny an application for an initial letter of compliance or a continuing letter of compliance if: 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: Substantial, credible evidence of the applicant's abuse of alcohol or a controlled dangerous substance, mental instability, or other condition; or Other pertinent information received by the office that creates reasonable doubt as to the applicant's ability to provide child care in accordance with this subtitle. If the office denies an application, the office shall notify the applicant in writing by certified mail of the denial, stating the: 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. Denial Before Complete Application. 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. Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 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) Effective date: October 20, 2008 (35:21 Md. R. 1827) Regulation .01C adopted effective January 13, 2020 (47:1 Md. R. 16) Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16) Regulation .02A amended effective November 13, 2023 (Md. R. 977) Regulation .03A amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .03C amended effective April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883) Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 883) Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 16) Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)