Chapter 06. Provider and Staff Requirements
Regulation .01 Minimum Staff Age.LinkCopy Citation
A staff member in a child care home may not be younger than 16 years old.
Regulation .02 Staff Orientation.LinkCopy Citation
On or before assignment, a provider shall ensure and document that each 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 and disaster plan contents;
D.
Identity of the staff members who:
(1)
Are currently certified in first aid and CPR; and
(2)
Have completed approved training in medication administration;
E.
The identity of the individuals who are required to be available to provide emergency coverage pursuant to COMAR 13A.18.08.02D;
F.
Hand washing and diapering procedures approved by the office;
G.
The child care home's child discipline policy;
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 community resources available to a family of a child who may have special needs; and
K.
The contents of the current version of this subtitle.
Regulation .03 Suitability for Employment.LinkCopy Citation
A.
A provider 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 preceding 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 §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 home 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 provider, or any agency or entity cited by the individual or the provider 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 provider may not permit the individual to begin or to resume employment until the office has notified the provider that the individual may be employed.
D.
Notification of Employment Prohibition.
(1)
If the office, pursuant to this chapter, determines that an individual may not be employed at a child care home, the office shall notify the individual and the provider 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 provider:
(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 child care home except to exercise parental responsibilities with respect to a related child in care.
F.
A provider may not allow an individual to serve, or to continue to serve, in a child care position for which the individual does not meet the employment qualification or training requirements set forth at Regulations .05—.07, as applicable, of this chapter, unless the individual is a substitute functioning in accordance with Regulation .08 of this chapter.
Regulation .04 Staff Health.LinkCopy Citation
A.
Medical Evaluation.
(1)
A provider shall obtain a medical evaluation on a form supplied or approved by the office, that has been completed within 6 months before the individual begins work in the child care home, from each prospective:
(a)
Staff member; and
(b)
Except for a health care professional serving as a consultant pursuant to Regulation .09C of this chapter, support staff who will be present at the child care home while children are in care.
(2)
The medical evaluation shall include verification that the individual:
(a)
Is free of communicable tuberculosis, if indicated; and
(b)
If the applicant or a staff member, is capable of performing the duties of their position.
(3)
The medical evaluation may transfer directly from one child care home to another, or from a licensed child care center to the child care home, if the evaluation was completed within the previous 24 months of the transfer.
(4)
The medical evaluation shall be updated every 2 years.
B.
Exclusion from Work. Except with the approval of the office and the health officer, a provider may not permit an individual with a serious transmissible infection or communicable disease listed on a chart supplied by the office to work at the child care home during the period of exclusion from child care recommended on the chart for that infection or disease.
Regulation .05 Child Care Home Directors.LinkCopy Citation
A.
Use of a Director.
(1)
A provider may designate an individual to serve as the director of the child care home.
(2)
If an individual is not designated by the provider as the director, the provider shall be the director of the child care home.
B.
An individual designated as the director of a child care home shall meet the requirements of this regulation.
C.
The provider shall meet the requirements for qualifying as the director of a child care home.
D.
Except when engaged in occasional child care home-related activities or away on leave, the director shall be present in the child care home during at least 1/2 of the operating hours of the home each week to:
(1)
Plan and supervise all aspects of the program for children;
(2)
Supervise the staff; and
(3)
Be available to staff, parents, and children.
E.
Except as set forth at §F of this regulation, to qualify as a director in a large family child care home, an individual shall:
(1)
Be 21 years old or older;
(2)
Hold a high school diploma or a certificate of high school equivalence, or have successfully completed at least 6 credits from an accredited college or university;
(3)
Have successfully completed:
(a)
9 clock hours of approved preservice training in communicating with staff, parents, and the public, or at least one academic college course for credit;
(b)
3 semester hours or their equivalent of approved administrative training;
(c)
Effective January 1, 2016:
(i)
3 clock hours of approved training in ADA compliance; and
(ii)
Approved training in supporting breastfeeding practices; and
(d)
Effective January 1, 2020, approved basic health and safety training within 90 days of employment;
(4)
Have successfully completed 6 semester hours or 90 clock hours, or their equivalent, of approved preservice training, or hold the Child Development Associate National Credential that is issued by the Council for Professional Recognition;
(5)
Unless previously approved by the office to direct a child care program serving children younger than 2 years old, have completed 3 semester hours of approved training, or the equivalent, related to the care of children younger than 2 years old; and
(6)
Have completed 1 year of experience working directly with children in a registered child care home, licensed child care center, nursery school, church-operated school, or similar setting.
F.
An individual is considered qualified as a director when that individual has:
(1)
Completed training specified at §E(3)(c) and (d) of this regulation;
(2)
Received either:
(a)
Approval by the Department as a teacher for early childhood education, including nursery school through third grade, and has 6 semester hours in early childhood education; or
(b)
Certification by the Department or by any other state for early childhood education, including nursery school through third grade; and
(3)
Completed 3 semester hours of approved training, or the equivalent, related to the care of children younger than 2 years old.
G.
A director shall:
(1)
Maintain the professional development plan received from the office;
(2)
According to the professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of service as a director, that consists of a:
(a)
Minimum of 6 clock hours of core of knowledge training; and
(b)
Maximum of 6 clock hours of elective training;
(3)
Document completion of the continued training on the professional development plan; and
(4)
Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.
Regulation .06 Family Child Care Teachers.LinkCopy Citation
A.
A family child care teacher in a child care home shall be 19 years old or older.
B.
To qualify or continue to qualify as a family child care teacher, an individual:
(1)
Shall hold or have successfully completed:
(a)
A high school diploma, a certificate of high school equivalence, or courses for credit from an accredited college or university;
(b)
9 clock hours of approved preservice training in communicating with staff, parents, and the public or at least one academic college course for credit;
(c)
Approved preservice training in child development and curriculum documented by:
(i)
6 semester hours or 90 clock hours or their equivalent;
(ii)
The Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; or
(iii)
Accreditation by the National Association for Family Child Care as a family child care provider;
(d)
3 clock hours of approved training in complying with the Americans with Disabilities Act; and
(e)
Effective January 1, 2020, approved basic health and safety training within 90 days of employment; and
(2)
Shall have completed at least one of the following:
(a)
1 year of experience working under supervision with children in licensed child care center, nursery school, church-operated school, or similar setting;
(b)
1 year of experience as a registered family child care provider; or
(c)
1 year of college, or a combination of experience and college that together are equivalent to 1 year.
C.
An individual shall qualify as a family child care teacher if the individual has met the requirements of §B of this regulation and:
(1)
Holds an associate's or higher degree with approved courses in early childhood education;
(2)
Qualified before July 1, 2008, as a child care teacher in a licensed child care center and has been continuously employed since that time at the same or another licensed child care center;
(3)
Has been approved as a teacher by the Department for early childhood in nursery school through third grade; or
(4)
Is certified by the Department or by any other state for early childhood in nursery school through third grade.
D.
A family child care teacher in a child care home shall:
(1)
According to the individual's professional development plan, complete approved continued training, at the rate of at least 12 clock hours per full year of employment as a child care teacher, that consists of a:
(a)
Minimum of 6 clock hours of core of knowledge training; and
(b)
Maximum of 6 clock hours of elective training;
(2)
Document completion of the continued training on the professional development plan; and
(3)
Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.
E.
Before a family child care teacher may supervise a child younger than 2 years old, the individual shall:
(1)
Effective January 1, 2016, complete approved training in supporting breastfeeding practices; and
(2)
Unless previously qualified by the office to supervise an infant or a toddler:
(a)
Meet the requirements of §§A and B of this regulation and have completed 3 semester hours of approved training, or the equivalent, related to the care of children younger than 2 years old; or
(b)
Be 19 years old or older and:
(i)
Meet the requirements of §B(1)(a), (b), (d), (e), and (2) of this regulation; and
(ii)
Have completed 6 semester hours of approved training, or the equivalent, related to the care of children younger than 2 years old.
Regulation .06-1 Probationary Family Child Care Teachers.LinkCopy Citation
A.
An individual who has not met the requirements specified in Regulation .06 of this chapter is eligible for employment as a family child care teacher for children 3 years old and older in a child care home for a probationary period of up to 6 months if the individual:
(1)
Is applying for employment as a family child care teacher for the first time in a Maryland center or home;
(2)
Is 19 years old or older;
(3)
Is enrolled in 3 clock hours of approved training in compliance with the Americans with Disabilities Act;
(4)
Is enrolled in the approved basic health and safety training; and
(5)
Meets the requirements of §B or C of this regulation.
B.
An individual meets the requirements of §A(5) of this regulation, if the individual:
(1)
Holds an associate degree or a bachelor’s degree in:
(a)
Early childhood education;
(b)
Elementary education;
(c)
Child development;
(d)
Home economics;
(e)
Nursing;
(f)
Social work;
(g)
Special education; or
(h)
A related field approved by the Department; and
(2)
Is enrolled in a 90-hour or 6 semester hours of approved preservice training.
C.
An individual meets the requirements of §A(5) of this regulation, if the individual:
(1)
Holds an associate degree or a bachelor’s degree in a field other than the fields specified in §B(1) of this regulation;
(2)
Has successfully completed at least 45 clock hours of the 90 clock hours or 3 semester hours of the 6 semester hours of approved preservice training; and
(3)
Is enrolled in the remaining 45 clock hours or 3 semester hours of the approved preservice training.
D.
A probationary employee shall complete:
(1)
The approved basic health and safety training required in §A(4) of this regulation within 90 days of employment;
(2)
The approved training in compliance with the Americans with Disabilities Act as required in §A(3) of this regulation within 6 months of employment; and
(3)
The approved preservice training required in §B(2) or C(3) of this regulation within 6 months of employment.
E.
Except as provided in §F of this regulation, if a probationary employee fails to complete any of the training requirements of this regulation within the time periods designated in §D of this regulation, a family child care home shall either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the child care home.
F.
If a family child care home requests an extension of time for a probationary employee to complete any of the training requirements of this regulation, the Department may:
(1)
Without further cause, deny the request and direct the family child care home to either terminate the probationary employee or reassign the probationary employee to a non-teaching position at the child care home; or
(2)
Upon a showing of good cause, grant the request and allow the probationary teacher to remain in a teaching position at the child care home for a period of time determined by the Department and approved by the Superintendent.
Regulation .07 Aides.LinkCopy Citation
A.
An aide shall:
(1)
Be 16 years old or older;
(2)
Work under the direct supervision of the provider or the family child care teacher in charge of the group of children to which the aide is assigned;
(3)
Effective January 1, 2020, complete the approved basic health and safety training within 90 days of employment;
(4)
According to the individual’s professional development plan, complete approved continued training, at the rate of at least 6 clock hours per full year of employment as a child care aide, that consists of a:
(a)
Minimum of 3 clock hours of core of knowledge training; and
(b)
Maximum of 3 clock hours of elective training;
(5)
Document completion of the continued training on the professional development plan; and
(6)
Document that the health and safety training, as required by the office, is completed by each staff member by the end of each 12-month period, measured each calendar year.
B.
Unless an individual has completed 90 clock hours or the equivalent in early childhood education preservice training, and except as set forth in §C of this regulation, an individual hired to work as an aide shall complete, within 6 months after the date of hire, an orientation session that follows guidelines established by the office and includes, but is not limited to:
(1)
Proper child supervision;
(2)
Workplace professionalism; and
(3)
Interacting with parents.
C.
The requirement to complete an orientation session, as set forth at §B of this regulation, does not apply to an individual hired to work as an aide before January 1, 2009.
Regulation .08 Substitutes.LinkCopy Citation
A.
When a staff member is absent, a substitute for that staff member shall be provided as needed to maintain the staff/child ratios required by COMAR 13A.18.08.03.
B.
A substitute shall:
(1)
Be 18 years old or older;
(2)
Be familiar with this subtitle;
(3)
Complete, sign, and submit to the office the required forms for substitutes, which include permission to examine records of abuse and neglect of children;
(4)
Apply for a federal and State criminal background check at a designated law enforcement office in the State; and
(5)
Present no risk to the health, safety, or welfare of children.
C.
If a substitute is needed for longer than a continuous 2-week period, the provider shall provide a substitute who meets the qualifications required in this chapter for the absent staff member, or demonstrate that reasonable efforts have been made, with no success, to obtain a qualified substitute.
D.
If a staff member is absent for more than a continuous 2-week period due to family or medical leave, the provider may receive permission from the office to employ a substitute for that absent staff member who does not meet the education, training, and experience qualifications for the absent staff member's position.
E.
Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §B(4) 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:
(1)
Apply for a state criminal background check to be performed by a duly authorized entity within that state; and
(2)
Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.
Regulation .09 Support Personnel.LinkCopy Citation
A.
Except as set forth at §B of this regulation, the provider 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.
Additional staff need not be provided if children are involved in appropriate activities and supervised at all times while necessary duties, such as food preparation, are performed.
C.
A child care home that provides a regular service involving the use of specialized health care procedures or equipment shall use as a consultant in providing the service a registered nurse, nurse practitioner, physician's assistant, physician, or other registered or certified service professional as appropriate.
Regulation .10 Volunteers.LinkCopy Citation
A.
A child care home volunteer shall be under the close supervision of the provider or a staff member whenever the volunteer is in contact with an unrelated child in care at the home.
B.
The provider may not use as a volunteer an individual who has not successfully passed a criminal background check or a review of records of abuse and neglect of children or adults pursuant to COMAR 13A.18.02.02C or D(1).
Chapter annotations
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; 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 .02 amended effective July 20, 2015 (42:14 Md. R. 884)
History: Regulation .03A amended effective January 13, 2020 (47:1 Md. R. 17); April 18, 2022 (49:8 Md. R. 500)
History: Regulation .03B amended effective April 14, 2014 (41:7 Md. R. 423); April 18, 2022 (49:8 Md. R. 500)
History: Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .05E amended effective July 20, 2015 (42:14 Md. R. 884)
History: Regulation .05E—G amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .06 amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .06B amended effective June 24, 2013 (40:12 Md. R. 1043); July 20, 2015 (42:14 Md. R. 884)
History: Regulation .06F repealed effective June 24, 2013 (40:12 Md. R. 1043)
History: Regulation .06-1 adopted effective November 13, 2023 (50:22 Md. R. 977)
History: Regulation .07A amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .07B amended effective July 20, 2015 (42:14 Md. R. 884)
History: Regulation .08 amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .10B amended effective January 13, 2020 (47:1 Md. R. 17)