# COMAR Title 13A — State Board of Education

## Subtitle 18 — Large Family Child Care Homes

### Chapter 08 — Child Supervision

**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 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: February 6, 2012 (39:2 Md. R. 142)

**Administrative History:** Regulation .01A amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)

**Administrative History:** Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 17)

**Administrative History:** Regulation .02D amended effective June 24, 2013 (40:12 Md. R. 1043)

**Administrative History:** Regulation .03G adopted effective June 24, 2013 (40:12 Md. R. 1043)

**Administrative History:** Regulation .06B amended effective January 13, 2020 (47:1 Md. R. 17)

**Administrative History:** Regulation .08B, C amended effective January 13, 2020 (47:1 Md. R. 17)

#### Regulation .01 Individualized Attention and Care.

*COMAR 13A.18.08.01*

A provider shall ensure that:

A. Each child receives:

  (1) Attention to the child’s individual needs, including but not limited to:

    (a) Making reasonable accommodations for a child with a disability; and

    (b) Allowing an adult who provides specialized services to a child access to provide those services on the facility premises as specified in the child’s individual education plan, individual family service plan, or written behavioral plan; and

  (2) Adequate supervision and care at all times which is:

    (a) Provided only by individuals who are designated by the provider to provide supervision and care; and

    (b) Appropriate to the individual age, needs, and capabilities of the child;

B. Each staff member providing care to a child is:

  (1) Oriented to the child's individual care needs; and

  (2) Prepared to provide the appropriate individual care;

C. Written information about the child's individual needs that was supplied by the parent by the time of the child's admission to care is used to meet the child's individual care needs;

D. A child is under close and continuous supervision whenever using potentially dangerous activity materials or equipment such as scissors, sharp tools, or knives; and

E. A child is allowed to travel to or from school or a school transportation site without adult supervision only if:

  (1) The child is in the first or a higher grade; and

  (2) The child's parent and the provider agree in writing that the child can travel safely without adult supervision.

#### Regulation .02 Supervision by Qualified Staff.

*COMAR 13A.18.08.02*

A. At all times while in care, each child shall be assigned to a group of children that is supervised by a family child care teacher who meets the requirements of COMAR 13A.18.06.06.

B. The provider shall assign qualified family child care teachers to each group of children as needed to meet the requirements for group size and staffing set forth at Regulation .03 of this chapter.

C. A child younger than 2 years old may be handled or fed only by an individual designated to do so by the provider.

D. Staff Availability.

  (1) In case of a temporary absence from the child care home of the provider or, if applicable, the director:

    (a) The provider shall designate a family child care teacher to be present and in charge of the child care home; or

    (b) If a family child care teacher is not available, the provider shall direct the provider’s substitute to be present and in charge of the child care home.

  (2) If the only children in attendance are 2 years old or older and only one staff member is needed to meet staff/child ratio requirements, the provider shall have a written, signed, and dated agreement from an adult who has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records and is willing and able to be at the child care home within 15 minutes of notification.

#### Regulation .03 Group Size and Staffing.

*COMAR 13A.18.08.03*

A. Assignment of Staff. One or more family child care teachers shall be assigned to each group of children as needed to meet the requirements for group size and staffing set forth at §§C—G of this regulation.

B. Age of a Child. For purposes of determining group size and staff required under this chapter, the age of a child is determined solely according to the date of the child's most recent birthday.

C. Same-Age Groups. In a group of children of the same age, the following staff/child ratio and maximum group size requirements apply:

D. Groups of Children Younger than 2 Years Old. In a group of children where each child is younger than 2 years old, the following staff/child ratio and maximum group size requirements apply:

E. Mixed-Age Groups with Children Younger than 2 Years Old. In a group where children younger than 2 years old are mixed with children 2 years old or older, the following minimum staffing levels and maximum group size requirements apply:

F. Mixed-Age Groups with Children 2 Years Old or Older.

  (1) In a mixed age group with children who are 3 years old or older, the staff to child ratio is 1 to 10.

  (2) In mixed-age groups of varying sizes that include children who are 2 years old, the following minimum staffing levels apply:

G. Group Size and Staffing in Approved Educational Programs.

  (1) During a school day approved by the Department, a teacher shall be assigned to each class and the following requirements apply:

  (2) A nursery school may not exceed a staff/child ratio or group size requirement set forth at §G(1) of this regulation, except that a Montessori school that has been approved by the Department may exceed a staff/child ratio or group size requirement by no more than 1/3.

  (3) When children who are 2 years old, 3 years old, 4 years old, and 5 years old are grouped together, the average age of all the children in the group as of September 1 of that school year is used to determine the group's maximum size and staff/child ratio.

#### Regulation .04 Variations in Group Size.

*COMAR 13A.18.08.04*

Group sizes for all ages may vary during outdoor play and special activities such as field trips and assemblies, only if the provider maintains the staff/child ratios required by this chapter.

#### Regulation .05 Supervision During Water Activities.

*COMAR 13A.18.08.05*

A. A provider shall have prior written approval from a child's parent for the child's participation in a water activity.

B. If a wading or swimming area is 4 feet or less in depth, each child engaged in a water activity shall receive continuous supervision by a staff member.

C. If the water exceeds 4 feet in depth, there shall be a lifeguard present who:

  (1) Holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department;

  (2) Is present at waterside during the swimming activity; and

  (3) Is not included in the required staff/child ratio.

D. Except during a swimming lesson conducted by a certified water safety organization, such as the American Red Cross, that is acceptable to the office or the local health department, whenever water is over the chest of a child who cannot swim, the child shall receive one-to-one supervision by a staff member who is in the water with the child.

#### Regulation .06 Supervision During Transportation.

*COMAR 13A.18.08.06*

When child transportation is conducted to or from:

A. The child care home by the provider, there shall be at least one adult other than the driver present in the vehicle if:

  (1) More than eight preschoolers are being transported as a group; or

  (2) At least one child is being transported and the driver of the vehicle is not:

    (a) A child care home employee; or

    (b) The parent of a child in care who is authorized by the provider to assist in transporting children in care; or

B. An off-site activity by an independent contractor and at least one child in care is being transported, the provider shall ensure that there is at least one adult, other than the driver present in the vehicle, who has successfully passed federal and state criminal background checks and a review of child and adult abuse and neglect records pursuant to COMAR 13A.18.07.06D.

#### Regulation .07 Playground Supervision.

*COMAR 13A.18.08.07*

When a group of children is engaged in a playground or outdoor activity, staff members assigned to the group shall:

A. Station themselves among the children so that immediate intervention can occur if necessary; and

B. If a child expresses or shows signs of discomfort due to over-activity, temperature or weather conditions, or other physical or environmental factors, take immediate and appropriate steps to alleviate the discomfort.

#### Regulation .08 Rest Time Supervision.

*COMAR 13A.18.08.08*

A. During a rest period for a group of children who are younger than 2 years old:

  (1) The required staff/child ratio applicable to that group shall be maintained; and

  (2) Each staff member assigned to the group shall remain with the children.

B. During a rest period for a group of children who are 2 years old or older:

  (1) The required staff/child ratio applicable to that group shall be maintained until all the children are resting quietly; and

  (2) Once all the children in the group are resting quietly:

    (a) At least one family child care teacher or aide assigned to the group shall continue to remain in the room with the children; and

    (b) Other staff members, if any, assigned to the group may leave the room but shall remain on the premises and within hearing range.

C. To determine if a resting child is safe, breathing normally, and in no physical distress:

  (1) Each resting child shall be observed at intervals of at least every 15 minutes; and

  (2) A resting child younger than 12 months old shall be observed at least every 15 minutes.