# COMAR Title 13A — State Board of Education

## Subtitle 17 — Child Care — Letters of Compliance

### Chapter 06 — Staff Requirements

**Authority:** Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, and 9.5-413—9.5-418; Family Law Article, §§5-550—5-558; 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. 1827)

**Administrative History:** Regulation .02K adopted effective July 20, 2015 (42:14 Md. R. 883)

**Administrative History:** Regulation .02L, M adopted effective January 13, 2020 (47:1 Md. R. 16)

**Administrative History:** Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 16); April 18, 2022 (49:8 Md. R. 500)

**Administrative History:** Regulation .03B amended effective April 14, 2014 (41:7 Md. R. 423)

**Administrative History:** Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 16)

**Administrative History:** Regulation .07 amended effective March 21, 2011 (38:6 Md. R. 396)

#### Regulation .01 Minimum Staff Age.

*COMAR 13A.17.06.01*

In a nursery school or child care program:

A. Except as provided in §B of this regulation, staff members or substitutes shall be at least 18 years old; and

B. An aide and a substitute aide shall be 16 years old or older and shall work under the direct supervision of the staff member in charge of the group to whom the aide is assigned.

#### Regulation .02 Staff Orientation and Training.

*COMAR 13A.17.06.02*

On or before assignment, an operator shall document that each employee and staff member has been informed in writing about all areas pertinent to the health and safety of the children, including:

A. The location of the telephone and emergency telephone numbers;

B. The location of each child's emergency form;

C. Emergency evacuation procedures;

D. The identity of the staff members who have first aid and CPR training;

E. The identity of the adult who is required to be available to provide emergency coverage pursuant to COMAR 13A.17.08.02;

F. Handwashing procedures;

G. The facility's discipline procedures;

H. The requirements and procedures for reporting suspected child abuse and neglect, according to Family Law Article, §§5-704—5-705, Annotated Code of Maryland;

I. Signs and symptoms of abuse and neglect in children;

J. The content of the most current regulations in this subtitle;

K. The community resources available to the family of a child who may have special needs;

L. Effective January 1, 2020, have completed approved basic health and safety training within 90 days of employment; and

M. Basic health and safety is completed by each staff member by the end of each 12-month period, measured each calendar year.

#### Regulation .03 Suitability for Employment.

*COMAR 13A.17.06.03*

A. A child care facility operator may not employ an individual who has received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:

  (1) A crime involving:

    (a) A child;

    (b) Cruelty to animals;

    (c) Domestic violence of an intimate partner or spouse; or

    (d) A weapons or firearms violation of federal or state laws;

  (2) A sex offense;

  (3) A violent crime classified as a felony, including physical assault or battery;

  (4) Abduction or kidnapping;

  (5) Abuse of a child or an adult;

  (6) Confinement of an unattended child;

  (7) Manufacturing, distributing, or dispensing a controlled dangerous substance if committed during the preceding 5 years;

  (8) Perjury;

  (9) Pornography;

  (10) Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance if committed during the previous 5 years;

  (11) Reckless endangerment; or

  (12) The felony of:

    (a) Murder;

    (b) Spousal abuse; or

    (c) Arson.

B. If an individual has been identified at any time as responsible for child abuse or neglect or received at any time a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime or offense that is not included in the list set forth at §A of this regulation, the office:

  (1) Shall assess, on the basis of the following factors, the individual's suitability for employment:

    (a) The job position at the child care facility for which the individual is applying or in which the individual is currently employed;

    (b) The nature and seriousness of the incident, crime, or offense;

    (c) How long ago the incident, crime, or offense occurred;

    (d) The age of the individual at the time the incident, crime, or offense occurred;

    (e) The individual's probation or parole status, if applicable; and

    (f) Any other information the office considers pertinent; and

  (2) Depending on the results of the assessment, shall permit or prohibit employment of the individual.

C. Request for Reassessment.

  (1) An individual who is prohibited from employment by the office pursuant to §B of this regulation may request the office to conduct a reassessment with respect to the incident, crime, or offense.

  (2) For a reassessment request to be eligible for consideration:

    (a) The request shall be in writing and shall include documentation, such as but not limited to letters of support or evaluation reports, pertinent to the incident, crime, or offense; and

    (b) The individual may not have submitted a reassessment request, whether for the same or a different job position, within the previous 12 months.

  (3) In order to reach a decision on the request, the office may request additional information from the individual, the child care facility operator, or any agency or entity cited by the individual or the operator in connection with the reassessment request.

  (4) Upon reaching a decision on the request, the office shall promptly notify the individual of that decision.

  (5) The operator may not permit the individual to begin or to resume employment until the office has notified the operator that the individual may be employed.

D. Notification of Employment Prohibition.

  (1) If the office, pursuant to this regulation, determines that an individual may not be employed at a child care facility, the office shall notify the individual and the facility operator in writing of that decision and its basis.

  (2) The written notification to the individual shall also:

    (a) State that the individual may appeal the decision to the Office of Administrative Hearings (OAH); and

    (b) Specify the requirements for submitting an appeal to the OAH.

E. Upon notification that an individual may not be employed, the facility operator:

  (1) Shall promptly terminate the individual from employment or from consideration for employment, as applicable; and

  (2) Unless the individual appeals the decision to the OAH and the appeal is concluded in favor of the individual, may not:

    (a) Reconsider the individual for employment;

    (b) Permit the individual to have any contact with an unrelated child in care; or

    (c) Allow the individual on the premises of the facility except to exercise parental responsibilities with respect to a related child in care.

#### Regulation .04 Staff Health.

*COMAR 13A.17.06.04*

A. Medical Evaluation.

  (1) An operator shall obtain a medical evaluation, conducted by a practicing physician, certified nurse practitioner, or registered physician’s assistant, on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the center, from each prospective:

    (a) Staff member; and

    (b) Except for a health care professional serving as a consultant pursuant to Regulation .06C of this chapter, support staff who will be present at the facility while children are in care.

  (2) The medical evaluation shall be signed by the individual who conducted the evaluation or the individual’s designee and include verification that the staff member:

    (a) Is free of communicable tuberculosis, if indicated; and

    (b) Has the capability to perform the duties of the staff member’s position.

  (3) The medical evaluation may transfer directly from one nursery school or child care program to another when the evaluation was completed within the previous 24 months of the transfer.

  (4) The medical evaluation shall be updated every 5 years, measured from the individual’s previous medical evaluation date.

B. Exclusion from Work. Except with the approval of the office and the health officer, an operator may not permit an individual with a serious transmissible infection or communicable disease listed in the Communicable Diseases Summary, as published by the Maryland Department of Health, to work at a nursery school or child care program during the period of exclusion from child care shown by the Summary.

#### Regulation .05 Substitutes.

*COMAR 13A.17.06.05*

A. When a staff member is absent, the operator shall provide a substitute as needed to maintain the staff/child ratios required by COMAR 13A.17.08.03.

B. A substitute shall be 18 years old or older, except that a substitute aide may be 16 years old or older.

#### Regulation .06 Support Personnel.

*COMAR 13A.17.06.06*

A. The operator or the director shall provide additional personnel for all duties not involving direct supervision of children, such as personnel for food preparation and service, housekeeping, transportation, clerical, and other duties, if necessary to maintain the correct staff/child ratios at all times.

B. In a small facility, the operator need not provide additional staff if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed.

C. The operator of a facility that provides a service involving the regular use of specialized health care procedures or equipment shall use as a consultant to the facility in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other licensed or certified service professional as appropriate.

#### Regulation .07 Volunteers.

*COMAR 13A.17.06.07*

A. A child care facility volunteer shall be under the close supervision of a staff member whenever the volunteer is in contact with an unrelated child in care at the facility.

B. The operator may not use as a volunteer an individual who has been prohibited, or automatically would be prohibited, from employment at the facility pursuant to Regulation .03A or B of this chapter.