Plain Text Law

Chapter 10. Safety

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Regulation .01 Emergency Safety Requirements.Copy Citation

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A.
Emergency and Disaster Plan.
(1)
The provider or a staff member shall:
(a)
Complete emergency preparedness training that is approved by the office; and
(b)
As part of the approved emergency preparedness training, prepare a written emergency and disaster plan for the child care home.
(2)
The provider shall maintain the emergency and disaster plan prepared in accordance with §A(1)(b) of this regulation.
(3)
The emergency and disaster plan shall:
(a)
Establish procedures for:
(i)
Evacuating the child care home, including an evacuation route;
(ii)
Relocating staff and children to a designated safe site;
(iii)
Sheltering in place in the event that evacuation is not feasible;
(iv)
Notifying parents of children in care; and
(v)
Addressing the individual needs of children, including children with special needs;
(b)
Contain:
(i)
The name of, and contact information for the local emergency operations center;
(ii)
Assignment of staff responsibilities during an emergency or disaster;
(iii)
A list of local emergency services numbers; and
(iv)
The radio station call sign and frequency for the local Emergency Alert System;
(c)
Be practiced by staff and children at least:
(i)
Once per month for fire evacuation; and
(ii)
Twice per year for other emergency and disaster situations; and
(d)
Be updated at least annually.
(4)
A copy of the emergency escape route floor plan shall be posted in each area and room in the child care home.
(5)
Each staff member shall be oriented to the contents of the written emergency and disaster plan required at §A(2) of this regulation.
(6)
In the event of a declared emergency, the provider shall be prepared to respond as directed by the local emergency management agency through sources of public information.
(7)
During an emergency evacuation or practice, a staff member shall take attendance records and emergency cards out of the child care home and determine the presence of each child currently in attendance.
B.
If the child care home is included within a comprehensive emergency and disaster plan, the provider shall ensure that:
(1)
The comprehensive plan contents meet all emergency and disaster plan requirements set forth at §A(3)(a) and (b) of this regulation; and
(2)
A copy of the comprehensive plan is available to all staff members.
C.
A provider shall post, immediately accessible to each telephone in the child care home, a notice stating the:
(1)
9-1-1 emergency telephone number to summon fire, police, and rescue services;
(2)
Child care home's name, address, and telephone number;
(3)
Telephone number of the protective services unit of the local department of social services;
(4)
Telephone number of a poison control center;
(5)
Name and telephone number of the local health department or a physician to consult about issues regarding health and illnesses;
(6)
Name and telephone number of the available adult as required by COMAR 13A.18.08.02D; and
(7)
Telephone number of the office.

Regulation .02 First Aid and CPR.Copy Citation

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A.
At all times, including during an off-site activity, at least one family child care teacher or the provider shall be present who holds a current certificate indicating successful completion of approved:
(1)
Basic first aid training through the American Red Cross, or a program with equivalent standards, which is appropriate to all child age groups for which the child care home is approved; and
(2)
Cardiopulmonary resuscitation (CPR) training through the American Heart Association, or a program with equivalent standards, which is appropriate to all child age groups for which the child care home is approved.
B.
Whenever a child in care is present, there shall be at least one staff member, or the provider, present who is currently certified in approved first aid and CPR as specified at §A of this regulation.
C.
Whenever a child in care is being transported under child care home auspices to or from the child care home, there shall be at least one adult present in the vehicle who is currently certified in approved CPR and first aid. This requirement may be met by the driver of the vehicle.
D.
Section §C of this regulation shall not apply if the driver of the vehicle is a parent of a child in care who is designated by the provider to assist in transporting children in care.
E.
A provider shall maintain first aid supplies as required by the office, conveniently accessible for each group of children at the child care home and at an off-site activity.

Regulation .03 Safe Use of Materials and Equipment.Copy Citation

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The provider shall ensure that furnishings, activity materials, and equipment, whether intended for indoor use or outdoor use, are used:
A.
In a safe and appropriate manner by each staff member and each child in attendance; and
B.
As applicable, in accordance with manufacturer instructions or recommendations.

Regulation .04 Potentially Hazardous Items.Copy Citation

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A.
A provider shall store all potentially harmful items, including but not limited to the items described in §§B—F of this regulation, in locations which are inaccessible to children in care.
B.
Petroleum and flammable products shall be stored in an approved manner.
C.
Cleaning and sanitizing agents and poisonous products shall be stored apart from food and beverages.
D.
Containers of poisonous products may not be kept on the premises unless they are labeled clearly as to nature, content, and approved purposes.
E.
A pesticide may be used only if it is:
(1)
Approved by the U.S. Environmental Protection Agency;
(2)
Used according to the manufacturer's instructions;
(3)
Used only when children are not in care; and
(4)
Stored apart from food, beverages, and cleaning agents.
F.
Alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and byproducts shall be stored in an approved manner.
G.
If a firearm is maintained in the child care home, the firearm shall be kept:
(1)
In a location not used by children in care; and
(2)
Unloaded and partially disassembled in a locked container with ammunition stored in its own separate locked container.
H.
Whenever a child younger than 5 years old is in care, the provider shall ensure that:
(1)
All electrical sockets within reach of the child are plugged or capped as required by the applicable fire code;
(2)
Suitable protective barriers are placed at locations accessible and potentially hazardous to the child; and
(3)
Child-proof devices are placed on cabinets and drawers that contain items potentially hazardous to the child.
I.
Window Coverings. A window covering installed:
(1)
Before October 1, 2010, shall not have unsecured cords, beads, ropes, or strings that are accessible to a child in care; or
(2)
On or after October 1, 2010, shall be cordless.

Regulation .05 Rest Time Safety.Copy Citation

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A.
Unless specified otherwise in writing by the child’s physician, or other licensed health care provider, a child who:
(1)
Cannot roll over without assistance shall be placed for sleep on the child's back; or
(2)
Is younger than 12 months old but can roll over unassisted shall be placed for sleep on the child's back, but may be allowed to adopt whatever position the child prefers for sleep.
B.
Unless the need for a positioning device is specified in writing by the child’s physician, or other licensed health care provider, a restricting device of any type, including swaddling, may not be applied to a resting child.
C.
Weighted rest items, including but not limited to blankets, sleepers, and swaddles, may not be used for a child under 12 months old.

Regulation .06 Transportation.Copy Citation

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A.
Unless being transported in a registered school bus or contract motor coach, each child who is transported in a vehicle while in care shall be separately secured in a child car seat or seat belt which is appropriate for the child's age and weight, as specified by Maryland law.
B.
A vehicle used to transport a child in care shall comply with all applicable State and federal safety requirements.
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)
History: Effective date: February 6, 2012 (39:2 Md. R. 142)
History: Regulation .01A, B amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .04 amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)
History: Regulation .05 amended effective April 29, 2024 (51:8 Md. R. 367)