Chapter 14. Inspections, Complaints, and Enforcement
Regulation .01 Inspections.LinkCopy Citation
A.
The office shall inspect each child care home:
(1)
On an announced basis before issuing a certificate of initial registration or continuing registration; and
(2)
On an unannounced basis, at least once within each 12-month period after the date that a certificate of initial registration or continuing registration was issued to the provider.
B.
The provider or staff member shall permit inspection of all areas of the home by the agency representative during the provider's hours of operation.
C.
The agency representative may make inspections, in addition to the announced and unannounced inspections specified in §A of this regulation, without prior notice to the provider.
D.
Upon request, the provider or staff member shall make the records required by this subtitle available to the agency representative for inspection and copying.
E.
A provider or staff member may request satisfactory identification from the agency representative before admitting the person for an inspection.
F.
A provider may appeal a finding of noncompliance with this subtitle by requesting a review of findings by the regional office or the central office of the Agency.
Regulation .02 Complaints.LinkCopy Citation
The office shall investigate:
A.
Both written and oral complaints that relate to a potential violation of a regulation under this subtitle, including anonymous complaints; and
B.
Complaints of providing or advertising unregistered family child care.
Regulation .03 Warnings.LinkCopy Citation
If an investigation of a complaint or an inspection of a child care home indicates a violation of this subtitle that does not present an immediate threat to the health, safety, and welfare of a child in care, the office may issue a warning in writing, on an inspection report or by separate letter, that states:
A.
The violation found, citing the regulation;
B.
The time period for correcting the violation; and
C.
That failure to correct the violation may result in sanctions being imposed or in suspension or revocation of the registration.
Regulation .04 Intermediate Sanctions.LinkCopy Citation
A.
Upon determining that a provider has violated or a child care home fails to meet any of the regulations of this subtitle, the office may:
(1)
Restrict the age or number of children accepted for care;
(2)
Reduce the number of children in care;
(3)
Require the provider to receive remedial instruction in a specified content area;
(4)
Increase the frequency of monitoring of the home during a specified period of time;
(5)
Enter into an agreement with the provider detailing requirements in addition to those above, including time limits for compliance; and
(6)
Notify, or require the provider to notify, a parent of a child who may be affected by the situation for which a sanction has been imposed.
B.
If the office determines that the provider has violated a condition or requirement of the intermediate sanction, the office may suspend or revoke the registration.
Regulation .04-1 Emergency Intermediate Sanctions.LinkCopy Citation
A.
Upon a determination that a provider has violated the regulations in this subtitle and that action is required to protect the health, safety, or welfare of children in care, the Office may:
(1)
Restrict the ages of children in care;
(2)
Reduce the number of children in care;
(3)
Limit the spaces, rooms, or areas that may be used for child care;
(4)
Prohibit an employee, staff member, substitute, or volunteer who has successfully passed all checks under COMAR 13A.18.02.01I from being alone with a child or group of children pending an open child protective services or criminal investigation;
(5)
Require the provider or staff to participate in training in a specified content area;
(6)
Increase the frequency of monitoring of the home during a specified period of time;
(7)
Enter into an agreement with the provider detailing requirements for remedying violations and achieving compliance; and
(8)
Notify, or require the provider to notify, a parent of a child who may be affected by the situation for which an emergency intermediate sanction has been imposed.
B.
The Office shall hand deliver written notice of the emergency intermediate sanction to the provider stating:
(1)
The regulatory basis for the sanction;
(2)
That the operator shall immediately implement the sanction;
(3)
That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the provider’s request for a hearing;
(4)
That the Office of Administrative Hearings shall issue a decision concerning the sanction within 7 calendar days of the hearing;
(5)
That if the sanction is upheld, implementation of the sanction at the child care home shall continue until it is determined that the health, safety, or welfare of children in the facility is no longer threatened;
(6)
That the sanction may lead to suspension or revocation of the provider’s registration, if the Office determines that a provider has violated a condition or requirement of the sanction; and
(7)
That the provider may continue to provide child care, except as limited by the sanction.
C.
If unable to hand deliver a written notice to the provider, the Office may send notice by regular and certified mail or by electronic mail, read receipt requested, to the provider’s address on file.
Regulation .05 Nonemergency Suspension.LinkCopy Citation
A.
The office may suspend the certificate of registration, for a period of not more than 60 calendar days, upon determining that the provider or the child care home is in violation of any of the regulations under this subtitle and that the health, safety, or welfare of a child in the home is threatened.
B.
The office shall suspend the certificate of registration upon notification that the provider is in noncompliance with Child Support Enforcement requirements pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.
C.
The office shall notify the provider in writing of the suspension at least 20 calendar days before the effective date stating:
(1)
The effective date and period of the suspension;
(2)
The reason for suspension;
(3)
The regulation with which the provider has failed to comply that is the basis for the suspension;
(4)
Corrections required to ensure reinstatement of the certificate of registration;
(5)
That the provider shall stop providing child care on the effective date of the suspension unless the provider requests a hearing;
(6)
That the provider is entitled to a hearing if requested in writing within 20 calendar days of the delivery of the notice;
(7)
The procedure to be used if the provider wishes to request a hearing to appeal the decision of the office;
(8)
That the suspension shall be stayed if a hearing is requested;
(9)
That, if the suspension is upheld following the hearing, the provider shall cease providing child care for the period of the suspension;
(10)
That the suspension may lead to revocation; and
(11)
That the provider is required to surrender the certificate of registration to the office when the suspension becomes effective.
D.
The office shall notify the parents of the children in care of the suspension.
E.
By the end of the suspension period, the office shall:
(1)
Reinstate the certificate of registration and return it to the provider; or
(2)
Revoke the certificate of registration.
Regulation .06 Emergency Suspension.LinkCopy Citation
A.
The office may immediately suspend the certificate of registration for a period of not more than 45 calendar days upon finding that a child's health, safety, or welfare imperatively requires emergency action.
B.
The office shall hand deliver a written notice to the provider informing the provider of the emergency suspension, giving the reasons for the action, and notifying the provider of the right to request, within 30 days of the delivery of the notice, a hearing before the Office of Administrative Hearings.
C.
If unable to hand deliver a written notice to the provider, the Office may send notice by regular and certified mail to the provider’s address.
D.
When the certificate of registration is to be suspended immediately:
(1)
The office shall repossess the certificate of registration;
(2)
The provider shall stop providing child care immediately; and
(3)
The office shall notify the parents of the children in care of the suspension and make every reasonable effort to assist the parents of the children in making other child care arrangements.
E.
If a hearing is requested by the provider, the Office of Administrative Hearings shall hold a hearing within 7 calendar days of the date of the request.
F.
Within 7 calendar days of the hearing, a decision concerning the emergency suspension shall be made by the Office of Administrative Hearings.
G.
If the decision does not uphold the emergency suspension, the provider may resume providing child care.
H.
By the end of the suspension period, the office shall:
(1)
Reinstate the certificate of registration and return it to the provider; or
(2)
Revoke the certificate of registration.
Regulation .07 Revocation.LinkCopy Citation
A.
The office may revoke a certificate of registration if the:
(1)
Provider or child care home is in violation of one or more of the regulations under this subtitle and the health, safety, or welfare of a child in the home is threatened;
(2)
Provider misrepresented or offered false information on the application or on any form or report required by the office;
(3)
Provider interferes with or obstructs the agency representative in the performance of the duties of the office;
(4)
Provider fails to submit all documentation required to maintain the certificate of registration;
(5)
Provider or staff member refuses to permit access to a child or to the space in the home used for child care by a parent or an agency representative during operating hours of the child care home;
(6)
Terms or conditions of a sanction have been violated;
(7)
Violations required to be corrected during a period of suspension have not been corrected and the period has ended;
(8)
Provider fails to comply with the:
(a)
Prohibitions on the use of an individual as an employee, a substitute, or a volunteer as set forth in COMAR 13A.18.06.03A, B, and F and COMAR 13A.18.06.10B; or
(b)
Child security requirements set forth in COMAR 13A.18.07.06;
(9)
Provider permits an individual to have child supervision responsibilities after being notified by the office that the individual has been disapproved for that purpose;
(10)
Evaluation of information provided to or acquired by the office indicates that the provider is unable to care for the welfare of children;
(11)
Provider admits a child for treatment foster care in the home, unless the child is placed in the home in a preadoptive capacity;
(12)
Child care home is no longer the primary residence of the provider;
(13)
Provider or a resident is identified as responsible for abuse or neglect of children or adults; or
(14)
Provider or a resident has a criminal conviction, a probation before judgment disposition, or a not criminally responsible disposition, or is awaiting a hearing on a charge for a crime that:
(a)
Is listed at COMAR 13A.18.02.07B or COMAR 13A.18.02.07C; or
(b)
Indicates behavior harmful to children.
B.
If the office decides to revoke a certificate of registration, the office shall notify the provider in writing at least 20 calendar days in advance of the revocation, stating:
(1)
The effective date of the revocation;
(2)
The reason for the revocation;
(3)
The regulation with which the provider has failed to comply that is the basis for the revocation;
(4)
That the provider shall stop providing child care on the effective date of the revocation;
(5)
That the provider is entitled to a hearing if requested in writing within 20 calendar days of the date of the notice;
(6)
The procedure to be used if the provider wishes to request a hearing to appeal the decision of the office;
(7)
The revocation shall be stayed if the hearing is requested, unless the revocation immediately follows an emergency suspension period; and
(8)
That the provider is required to surrender the certificate of registration to the office when the revocation becomes effective.
C.
The office shall notify the parents of the children in care of the revocation.
Regulation .08 Penalties.LinkCopy Citation
A.
An individual found to be operating a child care home without a valid family child care registration is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(1)
$1,500 for the first violation; and
(2)
$2,500 for a second or subsequent violation.
B.
The office may institute legal proceedings to:
(1)
Enjoin any individual not registered who is providing family child care from continuing to operate; or
(2)
Ask a court in the jurisdiction of the child care home to impose a fine of up to the maximum amount permitted by law on an individual found to be operating in violation of this subtitle.
Regulation .09 Civil Citations.LinkCopy Citation
A.
The office may issue a civil citation imposing a civil penalty to an individual who provides unregistered family child care or advertises a family child care home in violation of the requirements of this subtitle.
B.
Assessment of Penalty.
(1)
Subject to §B(3) of this regulation, an individual to whom a civil citation is issued is subject to a civil penalty in the amount of:
(a)
$250 for the first violation;
(b)
$500 for the second violation; and
(c)
$1,000 for the third and each subsequent violation.
(2)
Each day that unregistered family child care occurs in violation of the requirements of this subtitle is a separate violation under this regulation.
(3)
The total amount of civil penalty imposed against an individual in an action under this regulation may not exceed $5,000.
C.
An individual against whom a civil penalty has been imposed under this regulation shall pay the full amount of the penalty promptly to the Department, as instructed by the civil citation or as otherwise directed by the office.
D.
Appeals.
(1)
An individual may appeal the imposition of a civil penalty under this regulation by filing an appeal with the office as instructed by the civil citation or as otherwise directed by the office.
(2)
Appeals are conducted in accordance with the provisions of COMAR 13A.18.15.
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)
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 .02B amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)
History: Regulation .05 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 .07A amended effective June 24, 2013 (40:12 Md. R. 1043)
History: Regulation .07A, B amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .08A amended effective January 13, 2020 (47:1 Md. R. 17)
History: Regulation .09A amended effective January 13, 2020 (47:1 Md. R. 17)