Chapter 04. Operational Requirements
Regulation .01 Hours of Care.LinkCopy Citation
A.
A provider shall limit the hours of care to the approved hours of operation stated on the certificate of registration.
B.
A provider may not offer overnight care without prior written approval from the office.
C.
A provider who wishes to provide overnight care shall:
(1)
Submit to the office a written plan of operation that includes:
(a)
The number and ages of children to be served;
(b)
A meal and snack schedule;
(c)
The name of the overnight care substitute, if different from the daytime care substitute;
(d)
A child supervision plan;
(e)
A bedtime routine; and
(f)
An evacuation plan for each room where a child in care will sleep; and
(2)
Obtain the written approval of each child's parent for the child's sleeping arrangements.
Regulation .02 Child Capacity.LinkCopy Citation
A.
The office shall determine the capacity of a large family child care home according to criteria established in:
(1)
This subtitle affecting floor space, outdoor activity space, staffing, child supervision, equipment, ages of the children to be enrolled, and sanitary facilities; and
(2)
Applicable codes, including but not limited to zoning, building, and fire codes.
B.
The maximum total capacity of a large family child care home is 12 children.
C.
The number of children present in care at any one time may not exceed the maximum child capacity number stated on the certificate of registration.
Regulation .03 Enrollment and Attendance.LinkCopy Citation
A.
A provider may enroll a child for care at the child care home only if the child's age group is approved for care, as indicated on the provider's current certificate of registration.
B.
All children in care at any one time are counted as being in attendance for purposes of complying with the regulations governing capacity, group size, and staff/child ratios.
C.
The office:
(1)
Shall count as a child in care a resident who is younger than 6 years old; and
(2)
May count as a child in care a child who is visiting the child care home if the child:
(a)
Is younger than 8 years old and unaccompanied by an adult; or
(b)
Cannot be sent home immediately.
D.
The provider may not permit a child to remain in care for more than 14 hours in any 24-hour period on a regular basis without prior approval from the office.
Regulation .04 Restriction of Operations.LinkCopy Citation
A.
Upon determining that any of the following is unsuitable for the child care home, the office may restrict or reduce the provider's approved:
(1)
Hours of care;
(2)
Child care age groups; or
(3)
Child capacity.
B.
The office may base a restriction or reduction under §A of this regulation on any of the following factors:
(1)
Space available, indoors or outdoors;
(2)
Equipment available;
(3)
Number and ages of residents in the child care home;
(4)
Responsibility of the provider to care for another individual who may require special attention or care, including, but not limited to, an elderly resident or a child with a serious physical, emotional, or behavioral condition;
(5)
Applicable fire, zoning, health, environmental, or other codes;
(6)
Failure to comply with group size and staffing requirements set forth at COMAR 13A.18.08.03; or
(7)
Other factors the office determines may cause a risk to a child's health, safety, or welfare.
C.
A provider may appeal a restriction or reduction pursuant to §B of this regulation by filing a request for hearing:
(1)
Not later than 20 calendar days after the notification of the office's action; or
(2)
In the case of an emergency reduction in capacity, not later than 30 calendar days after the notification by the office of its decision to immediately reduce the number of children in care.
Chapter annotations
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; 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)
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: February 6, 2012 (39:2 Md. R. 142)
History: Regulation .04B, C amended effective January 13, 2020 (47:1 Md. R. 17)