Chapter 03. Management and Administration
Regulation .01 Multi-Site Facilities.LinkCopy Citation
A nursery school or child care program may have more than one location and may be treated as one facility for purposes of this subtitle only if:
A.
The buildings:
(1)
Function as one integrated center, are in close proximity such as across the street or on the same campus, and are connected by an intercom system; and
(2)
Are under the supervision of one director; and
B.
Two or more locations:
(1)
Are administered by one central administration with one ownership; and
(2)
Share common administrative policies and procedures and contracts.
Regulation .02 Admission to Care.LinkCopy Citation
A.
An operator may not admit a child for care unless the operator has:
(1)
Met the applicable requirements of this regulation; and
(2)
If the child is temporarily admitted or retained in care on a temporary basis pursuant to §E of this regulation, received the written records required by Regulation .04C—H of this chapter.
B.
At or before the child's admission to care, the operator shall obtain:
(1)
Written information from the parent about the child's individual needs; and
(2)
If the child is enrolled in school, parental permission for the school to release the child's health information to the child care facility.
C.
As part of the admission process, the operator shall:
(1)
Give the parent, or advise the parent. how to obtain information that is supplied by the office concerning:
(a)
Consumer education on child care;
(b)
How to file a complaint against the child care facility; and
(2)
Provide written evidence that the requirements of §C(1) of this regulation have been met.
D.
If a child is younger than 6 years old at the time of admission, the operator may not allow the child to remain in care if the parent does not, in accordance with COMAR 10.11.04, submit evidence to the operator on a form supplied or approved by the office that the child has received an appropriate lead screening or test.
E.
Temporary Admission to Care.
(1)
An operator may temporarily admit or retain a child in care if:
(a)
The child is homeless; or
(b)
The child’s parent is unable to provide the health-related records specified in Regulation .04D—H of this chapter.
(2)
For a child to be temporarily admitted or retained in care, the parent shall present evidence of the child’s appointment with a health care provider or local health department to:
(a)
Receive a medical evaluation to include, if applicable, a lead screening or test;
(b)
Receive a required immunization;
(c)
Acquire evidence of age-appropriate immunizations on a form approved by the Office; or
(d)
Reconstruct a lost health record.
(3)
The date of the appointment required by §E(2) of this regulation may not be later than 20 calendar days after the date the child was temporarily admitted or retained.
(4)
An operator shall exclude from care a child who has been temporarily admitted or retained in care if the parent fails to provide evidence of the required medical evaluation, immunization, or health record within 3 business days after the date of the appointment made pursuant to §E(2) of this regulation.
Regulation .03 Program Records.LinkCopy Citation
A.
The operator shall create and maintain, for at least 2 years after their creation, records of program:
(1)
Enrollment, with each child's name, address, telephone number, date of birth, and dates and time periods for that enrolled; and
(2)
Attendance, by groups of children, which indicate:
(a)
The dates of attendance of each child in the facility; and
(b)
Verification by each child's parent of that child's recorded daily attendance in care.
B.
The operator shall maintain:
(1)
Procedures to ensure that the whereabouts of each child in attendance is known at all times;
(2)
A written child discipline policy as required in COMAR 13A.17.07.03C;
(3)
Records of food actually served by the facility for the most recent 4 weeks as required by COMAR 13A.17.12.01E;
(4)
A written record of the dates and times at which emergency and disaster plan drills were conducted pursuant to COMAR 13A.17.10.01A(3)(c);
(5)
Documentation that, at least once each calendar year, the parent of each child under the age of 3 years was given:
(a)
Information about the Maryland Infant and Toddlers Program; and
(b)
Contact information for the local lead agency responsible for the administration of the Maryland Infant and Toddlers Program; and
(6)
A current copy of Education Article, §§9.5-4019.5-420 et seq., Annotated Code of Maryland, and this subtitle on the premises and make them available to parents upon request.
C.
The operator may provide the information required under §B(5) of this regulation by:
(1)
A personal message to the parent, including an e-mail;
(2)
A document for which the parent acknowledges receipt; or
(3)
A text message.
Regulation .04 Child Records.LinkCopy Citation
A.
For each child admitted to, or continuing in care, the operator shall maintain written records, on forms provided or approved by the office, that meet the requirements of this regulation.
B.
Each child's written records shall be:
(1)
Readily accessible to all staff members providing care to the child; and
(2)
Kept on file at the facility during the period of a child's enrollment and for 2 years after the child's disenrollment.
C.
The operator shall obtain and maintain emergency information from the child's parent that:
(1)
Includes the child's name and date of birth;
(2)
Includes the parent's full name, current address, and home and work telephone numbers;
(3)
Includes the name and telephone number of the individual, if different from the child's parent, who is authorized to pick up the child each day;
(4)
Includes the name and telephone number of at least one individual who is authorized to pick up the child in an emergency;
(5)
Includes the name, address, and telephone number of the child's physician or other health care provider;
(6)
If the child has a special health condition, includes emergency medical instructions for that condition;
(7)
Is signed and dated by the child's parent;
(8)
Is updated as needed, but at least annually; and
(9)
Is readily accessible to each staff member supervising the child, including during an off-site activity.
D.
Unless a parent objects to a child's medical examination because of bona fide religious beliefs and practices, a health assessment of the child shall be provided by the child's parent that:
(1)
Includes a parental statement of the child's health status;
(2)
If applicable, includes a statement of allergies; and
(3)
Includes a medical evaluation, signed and dated by a physician, that states the child is medically cleared to attend child care and is based on an examination completed by the physician within the last.
E.
The operator shall maintain documentation that, as required by COMAR 10.11.04, each child admitted to, or continuing in, care has received:
(1)
An appropriate lead screening, if the child is younger than 6 years old and was born before January 1, 2015; or
(2)
A lead test when the child is 12 months old and again when the child is 24 months old, regardless of where the child resides, if the child was born on or after January 1, 2015.
F.
A medical evaluation and, if applicable, documentation of an appropriate lead screening or test that are transferred directly, without a gap in time longer than 3 months, from a registered family day care home, a licensed child care center, another facility operating under a letter of compliance, or a public or nonpublic school in Maryland may be accepted as meeting the requirements of §§D(3) and E of this regulation.
G.
There shall be an immunization record showing that:
(1)
The child has had immunizations appropriate for the child's age which meet the immunization guidelines set by the Maryland Department of Health;
(2)
The child has had at least one dose of each vaccine appropriate for the child's age before entry and is scheduled to complete the required immunizations;
(3)
A licensed physician or a health officer has determined that immunization is medically contraindicated according to accepted medical standards; or
(4)
The parent objects to the child's immunization because it conflicts with the parent's bona fide religious beliefs and practices.
H.
If a parent objects to a child's immunization or medical examination, or both, because of the parent's bona fide religious beliefs and practices, an operator shall require the parent to provide a health history of the child and sign a statement indicating that to the best of the parent's knowledge and belief, the child is in satisfactory health and free from any communicable disease.
I.
The operator shall record or maintain on file:
(1)
Each incidence of acute illness requiring exclusion of the child from care pursuant to COMAR 13A.17.11.01;
(2)
Each injury or accident required by Regulation .06D and E of this chapter to be reported;
(3)
Child medication records required by COMAR 13A.17.11.04;
(4)
If the child requires a modified diet, the prescription from the child's health practitioner or the written instructions from the child's parent, pursuant to COMAR 13A.17.12.02;
(5)
If program activities away from the center are provided, prior written permission from the child's parent to take the child to those activities; and
(6)
Documentation that the child's parent has received, or has been advised how to obtain, the consumer education pamphlet on child care supplied by the office.
J.
Written information about the child's individual needs that is supplied by the parent by the time of the child's admission to care shall be reviewed by the operator and the parent at least every 12 months after the child's admission to care.
Regulation .05 Staff Records.LinkCopy Citation
The operator shall:
A.
Maintain and, upon request by the office, submit a current and complete:
(1)
List of personnel, on a form supplied or approved by the office, that includes each individual, whether paid or unpaid, who works at the facility on a routine basis; and
(2)
Staffing pattern, on a form supplied or approved by the office, that specifies:
(a)
The number and ages of children enrolled;
(b)
The staff/child ratio in relation to the daily schedule; and
(c)
By staff name, all child care assignments;
B.
During an individual's employment at the facility and for 2 years after the date of the individual's last employment there, maintain a record for each individual that includes:
(1)
Training, including basic health and safety training and yearly updates, if required under this subtitle;
(2)
Verification that an individual's age complies with the minimum required for the position held;
(3)
An employment medical evaluation;
(4)
Criminal background check results, except that the operator shall destroy the record of those results immediately after the last day of the individual’s employment; and
(5)
The date on which the staff member received the information required by COMAR 13A.17.06.02;
C.
Maintain documentation required for:
(1)
Substitutes, pursuant to COMAR 13A.17.06.05; and
(2)
The adult available for emergencies, pursuant to COMAR 13A.17.08.02; and
D.
Maintain a calendar or other written record of the:
(1)
Days on which a substitute provides care; and
(2)
Staff member in whose place the substitute worked.
Regulation .06 Notifications.LinkCopy Citation
The operator shall:
A.
Within 5 business days of its occurrence, provide written notification to the office about the:
(1)
Addition of a new employee or staff member that includes:
(a)
The individual’s full name, date of birth, and date of hire;
(b)
Information about the individual’s work assignment;
(c)
Proof of compliance with the laws and regulations pertaining to criminal background checks; and
(d)
Signed and notarized permission to examine records of abuse and neglect of children and adults for information about the individual; or
(2)
Ending of employment, for whatever reason, of an individual that includes the:
(a)
Individual’s full name; and
(b)
Date of the individual’s last day of employment;
B.
Within 15 working days of adding the new employee or staff member, provide to the office, if applicable, documentation that the individual meets the requirements of this chapter for the assignment, unless documentation already is on file in the office;
C.
Have on file in the nursery school or child care program the following information about each employee or staff member:
(1)
The individual's assignment;
(2)
Documentation that the individual meets the requirements of this subtitle for the assignment unless the documentation is already on file in the office; and
(3)
Proof of compliance with laws and regulations pertaining to criminal background checks;
D.
Notify or require that a staff member notify the office within 24 hours of:
(1)
The death of a child if the child died while at the facility;
(2)
The death of a child enrolled at the facility if the child died of a contagious disease; and
(3)
Any injury to a child that occurs while the child is at the child care facility or on a field trip which results in the child's being:
(a)
Treated by a medical professional; or
(b)
Admitted to a hospital;
E.
If a child has an injury or accident while in attendance, notify the child's parent:
(1)
Immediately, if the child's injury is serious; or
(2)
Within the same day, about all other injuries and each accident which may result in injury;
F.
Immediately notify the office of:
(1)
An employee or an individual on the child care facility premises who is under investigation for:
(a)
A criminal charge; or
(b)
An allegation of child abuse or neglect; or
(2)
A change at the child care facility which may affect the status of the letter of compliance, including but not limited to:
(a)
Individuals living on the premises;
(b)
Operation of the facility; or
(c)
Telephone number;
G.
Within 5 working days after there is a new individual living on the child care facility premises who is 18 years old or older:
(1)
Submit to the office a signed and notarized release form giving the office permission to examine records of abuse and neglect of children and adults for information about the resident; and
(2)
Direct the resident to apply for a federal and State criminal background check; and
H.
Within 10 business days of receiving notice from the facility’s supplier of water that the drinking water is contaminated, send a written notice of the contamination to the parent of each enrolled child that:
(1)
Identifies the contaminants and their levels; and
(2)
Describes the facility’s plan for dealing with the water contamination problem until the water is determined by the appropriate authority to be safe for consumption.
Regulation .07 Change of Operation.LinkCopy Citation
A.
Except when converting the facility to a summer camp, if an operator wishes to make any changes from the current letter of compliance, such as rooms not previously approved for child care, capacity, hours of operation, age groups served, or the introduction of food service, the operator shall request and obtain written approval of the change from the office before implementing the change.
B.
After determining whether the proposed change meets the requirements of this subtitle, the office shall approve or disapprove the proposed change. If the change is approved, the office shall issue a revised letter of compliance indicating the change.
C.
If an operator wishes to convert to a summer youth camp, the operator shall:
(1)
Notify the office before implementing the change to a summer youth camp;
(2)
Upon request by the office, provide proof to the office of the facility's certification as a summer youth camp under Health-General Article, Title 14, Subtitle 4, Annotated Code of Maryland;
(3)
If applicable, remove the letter of compliance from display on the premises used for operating a summer youth camp during the period of summer youth camp operation; and
(4)
Notify parents of children in care and those applying for care that:
(a)
A child care facility is not being operated during summer months; and
(b)
State regulations for camps differ from those for child care facilities.
Regulation .08 Variances.LinkCopy Citation
A.
An office may grant a variance to a regulation under this subtitle:
(1)
If the safeguards to a child's health, safety, or well-being are not diminished;
(2)
When the operator presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and
(3)
For a limited period of time as specified by the office, or for as long as the letter of compliance remains in effect and the operator continues to comply with the terms of the variance.
B.
Within 30 calendar days of receiving a completed request for a variance, the office shall notify the operator that the variance has been granted or denied.
C.
If a variance request is denied by a regional office of the Agency:
(1)
The operator may appeal the denial to the Agency's central office; and
(2)
The Agency's central office has the final determination of whether or not a variance is granted.
D.
A variance to sanitary facility requirements that is granted pursuant to COMAR 13A.17.05.08B does not apply to any subsequent additions or enlargements to the child care facility.
Regulation .09 Advertisement.LinkCopy Citation
A.
An operator may not advertise child care services unless the facility holds a current letter of compliance issued by the office.
B.
An advertisement of the facility shall:
(1)
Specify that the facility holds a letter of compliance; and
(2)
Include the letter of compliance number issued to the facility by the office.
Chapter annotations
Authority: Education Article, §§9.5-115, 9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, 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)
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)
History: Effective date: October 20, 2008 (35:21 Md. R. 1827)
History: Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883)
History: Regulation .02D, E amended effective January 13, 2020 (47:1 Md. R. 16)
History: Regulation .03 amended effective April 19, 2010 (37:8 Md. R. 619); March 17, 2025 (52:5 Md. R. 238)
History: Regulation .03B amended effective June 24, 2013 (40:12 Md. R. 1043); January 13, 2020 (47:1 Md. R. 16)
History: Regulation .03C adopted effective March 17, 2025 (52:5 Md. R. 238)
History: Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 16)
History: Regulation .04D amended effective July 20, 2015 (42:14 Md. R. 883)
History: Regulation .05A, B amended effective January 13, 2020 (47:1 Md. R. 16)
History: Regulation .05B amended effective July 20, 2015 (42:14 Md. R. 883)
History: Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 619); July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)
History: Regulation .07C amended effective April 19, 2010 (37:8 Md. R. 619)
History: Regulation .09 adopted effective January 13, 2020 (47:1 Md. R. 16)