Plain Text Law

Chapter 09. Program Requirements

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Regulation .01 Schedule of Daily Activities for All Children.Copy Citation

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A.
The provider shall prepare, post, and follow a written schedule of daily activities and offer activities that:
(1)
Promote the sound emotional, social, intellectual, and physical growth of each child;
(2)
Are appropriate to the age, needs, and capabilities of the individual child based on the current recommendations of the American Academy of Pediatrics, such as short periods of tummy time, under adult supervision, while awake for a child under 12 months old;
(3)
Include opportunities for individual and group participation;
(4)
Include a balance between self-selected and staff-directed activities;
(5)
Include a balance between active and quiet periods;
(6)
Include periods of rest appropriate to the age, needs, and activities of the child; and
(7)
Include outdoor play in the morning and afternoon except that outdoor play need not be included:
(a)
When the weather is inclement; or
(b)
In a before-school program.
B.
A before-school and after-school program schedule of activities shall take into consideration that the child has attended an instructional program during regular school hours.
C.
Screen Time Activities.
(1)
Definitions. In this section, the following terms have the meanings indicated:
(a)
“Interactive technology” means educational and age-appropriate technology, including programs, applications (apps), noncommercial television programming, videos, streaming media, and ebooks, that is designed to:
(i)
Facilitate active and creative use of technology; and
(ii)
Encourage social engagement with other children and adults.
(b)
“Passive technology” means noninteractive television, videos, and streaming media.
(2)
Limited use of appropriate interactive technology may support, but may not replace, creative play, physical activity, hands-on exploration, outdoor experiences, social interactions, and other developmentally appropriate learning activities for children 2 years old or older.
(3)
Viewing Restrictions. Except as set forth in §C(4) of this regulation, a child in attendance who is:
(a)
Younger than 2 years old may not be permitted to view any passive technology; and
(b)
2 years old or older may not be permitted to view more than 30 minutes of age-appropriate, educational passive technology per week.
(4)
Exceptions.
(a)
An occasional exception to the weekly passive technology viewing limit set forth in §C(3) of this regulation may be made for a special event or project, including a holiday or birthday celebration, or for educational content that is related to the child care home's curriculum.
(b)
If an exception to the weekly passive technology viewing limit is made, a written record of the exception shall be made and retained on file that documents the:
(i)
Nature and duration of the programming viewed; and
(ii)
Reason for the exception.
(5)
No child may be permitted to view any:
(a)
Passive or interactive technology during a meal or a snack; or
(b)
Media with brand placement or advertising for unhealthy or sugary food or beverages.
(6)
The provider shall give the parent of each enrolled child a written screen time policy that addresses the use of passive and interactive technology during child care hours.

Regulation .02 Activity Plans for Infants and Toddlers.Copy Citation

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A.
A provider shall assign one staff member primary responsibility for each infant and toddler in care during each staff shift.
B.
Upon enrollment of an infant or a toddler, the provider shall, in consultation with the parent of the child, prepare a written individualized activity plan for the child that:
(1)
Addresses the child's normal pattern of activities, sleeping, and eating;
(2)
Is consistent with the child's needs and capabilities;
(3)
Identifies the staff member who is assigned primary responsibility for the care of the child during each staff shift;
(4)
Ensures that the child is:
(a)
Held, played with, and talked to;
(b)
Except when sleeping, given opportunities to sit, crawl, toddle, or walk outside the infant's crib or playpen;
(c)
Except in inclement weather, taken outdoors daily; and
(d)
Diapered as needed and in accordance with the approved diapering procedure.
C.
For an infant or a toddler, the written activity plan required at the time of the child's admission to care shall be:
(1)
Available for reference in the space used by the child's group;
(2)
Implemented by each staff member having responsibility for care of the child;
(3)
Modified in consultation with the child's parent as necessitated by the child's developmental needs; and
(4)
Reevaluated at least every 3 months.
D.
Upon the request of a parent of a child in care, the provider shall assist the parent with scheduling a time and convenient location for the local lead agency responsible for administering the Maryland Infants and Toddlers Program to provide the appropriate screening for the child.

Regulation .03 Activity Materials, Equipment, and Furnishings.Copy Citation

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A.
For indoor and outdoor activities, a provider shall provide to each group of children in care a sufficient quantity and variety of activity materials, equipment, and furnishings according to the numbers, ages, and developmental needs of the children.
B.
Activity materials and equipment shall be:
(1)
Provided for:
(a)
Vigorous play;
(b)
Creative and dramatic play;
(c)
Socialization;
(d)
Manipulation, including construction materials;
(e)
Exploration of art, music, language arts, and science; and
(f)
Individual pursuits;
(2)
Appropriate to each child's individual development of cognitive, social, emotional, and fine and gross motor skills;
(3)
Easily accessible to each child for whose use they are intended;
(4)
In good repair, clean, nontoxic, and free from hazards including lead paint; and
(5)
Culturally sensitive and representative of the children in care.
C.
In reviewing materials and equipment in before-school and after-school programs, the office shall take into consideration that the child has attended an instructional program during regular school hours.
D.
Furnishings used by a child in care:
(1)
May include furniture and other furnishings used by residents in the child care home; and
(2)
Shall be scaled in proportion to the child's size.

Regulation .04 Rest Furnishings.Copy Citation

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A.
There shall be:
(1)
A suitable cot or mat for each child 12 months old to 5 years old present in the child care home for more than 4 hours, and for children 5 years old or older who regularly take rest periods in the child care home;
(2)
A suitable bed for each child who is 12 months old or older and who is present in the child care home during those hours which are usual nighttime sleep hours for that child;
(3)
An adequate supply of clean bedding provided for each child who takes rest periods at the child care home; and
(4)
A crib, portable crib, or playpen with a snugly fitting mattress, moisture-proof mattress covering, and tight fitting sheet for each child in the child care home who is:
(a)
Younger than 12 months old; or
(b)
12 months old or older but younger than 2 years old, if the child's parent requests a crib, portable crib, or playpen.
B.
When in use, all cots, mats, and beds shall be appropriately spaced to facilitate safe movement and evacuation of staff and children.
C.
Each crib, portable crib, and playpen shall meet the current standards of the U.S. Consumer Product Safety Commission.
D.
Stackable cribs may not be used.
E.
Each crib, portable crib, and playpen in use shall be placed so that:
(1)
It presents at least one long side without a wall, plexiglass panel, or other solid barrier; and
(2)
There is a space of at least 3 feet if placed side-to-side and 18 inches if placed end-to-end between two adjacent cribs, portable cribs, or playpens that are not separated by a solid barrier.
F.
Each sleep surface used for a child under 12 months old shall be firm, flat, and non-inclined, unless the need for an incline is specified in writing by the child’s physician or other licensed health care provider.
G.
Soft bedding items, including but not limited to pillows, quilts, comforters, and crib bumpers, may not be used as rest furnishings for a child using a crib, portable crib, or playpen.
H.
A child under 12 months who falls asleep in a furnishing other than a crib shall be moved immediately to an approved sleeping arrangement specified at §A(4) of this regulation.

Regulation .05 Equipment for Infants and Toddlers.Copy Citation

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A.
A sufficient number of strollers or carriages with appropriate restraints shall be available to accommodate all nonwalking infants and toddlers who are present in care.
B.
The use of walkers is prohibited.
C.
The child care home shall have furnishings that allow the safe and easy feeding of infants and toddlers, including but not limited to high chairs, child-sized tables and chairs, and chairs for staff members to use while holding infants for feeding.
D.
If high chairs are used, each high chair shall be equipped with age-appropriate restraints.

Regulation .06 Storage.Copy Citation

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There shall be appropriate storage for:
A.
Materials and equipment;
B.
Mats, cots, beds, and bedding;
C.
Portable equipment intended for outdoor use;
D.
Each child's clothing and possessions in an individual space; and
E.
Materials, equipment, furnishings, and supplies being held in reserve.
Chapter annotations
Authority: Education Article, §§9.5-115, 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)
History: Effective date: February 6, 2012 (39:2 Md. R. 142)
History: Regulation .01A amended effective April 29, 2024 (51:8 Md. R. 367)
History: Regulation .01C adopted effective July 20, 2015 (42:14 Md. R. 884)
History: Regulation .02D adopted effective March 17, 2025 (52:5 Md. R. 238)
History: Regulation .04 amended effective April 29, 2024 (51:8 Md. R. 367)
History: Regulation .04G adopted effective January 13, 2020 (47:1 Md. R. 17)