Md. Code Regs. 13A.18.02.01

Current through Register Vol. 51, No. 21, October 18, 2024

Section 13A.18.02.01 - Registration - General Requirements

A. Requirement to Be Registered.

(1) An individual may not operate a large family child care home unless:

(a) Both the individual and the home meet the requirements for registration set forth in this subtitle; and

(b) The individual possesses a valid certificate of registration.

(2) A large family child care home is not required to be registered if the provider:

(a) Is a relative of each child;

(b) Is a friend of each child's parent or legal guardian and the care is provided on a nonregular basis of less than 20 hours a month; or

(c) Has received the care of the child from a child placement agency licensed by the Department of Human Services.

(3) Conversion from a Small Center.

(a) An individual currently licensed to operate a small center may apply to the office to convert the small center license to a certificate of registration to operate a large family child care home.

(b) Application for conversion from a small center license shall be made as directed by the office.

(c) A large family child care home that is converted from a small center shall continue to operate with or under the same:

(i) Licensing status;

(ii) Approved child care capacity;

(iii) Approved months, days, and hours of operation;

(iv) Approved age ranges of children to be served;

(v) Approved child care areas;

(vi) Variances, if any;

(vii) Special conditions or restrictions, if any; and

(viii) Expiration date, if any.

B. Types of Registration. The office may issue:

(1) An initial registration, which may be issued on a provisional basis pursuant to Regulation .04A of this chapter; or

(2) A continuing registration, which may be:

(a) Issued on a provisional basis pursuant to Regulation .04A of this chapter; or

(b) Replaced by a conditional registration pursuant to Regulation .04B of this chapter.

C. A certificate of registration:

(1) May not be transferred or applied to another individual, residence, or child care program; and

(2) Remains the property of the office.

D. The provider shall display conspicuously the certificate of registration in a location where it can easily be seen and read by parents whose children are in the provider's care or who are considering placing their children in the provider's care.

E. The provider shall surrender the certificate of registration to the office immediately when any of the following occurs or becomes effective:

(1) The provider closes the child care home permanently;

(2) The registration becomes invalid pursuant to §H(2) of this regulation;

(3) The registration is revoked;

(4) The registration is suspended; or

(5) The initial registration expires, and:

(a) The application for an initial or a continuing registration is denied; or

(b) The provider has not applied for a continuing registration.

F. Except as provided under §G of this regulation, a residence approved for use as a child care home may not also be used to operate a:

(1) Child care home under a different registration; or

(2) Child care program that is subject to the requirements of COMAR 13A.15, COMAR 13A.16, or COMAR 13A.17.

G. A residence approved by the office before July 1, 2008, for the concurrent operation of more than one child care home or more than one type of child care program may continue to be used to operate those programs, except that, while concurrent approvals are in effect, the office may not approve a request by the provider for:

(1) An increase in child capacity;

(2) A change in the hours of operation;

(3) A change in the ages of children served;

(4) A change in the approved child care area; or

(5) A variance to a regulation under this subtitle.

H. Residence of Applicant or Provider.

(1) Unless currently approved for the purpose, the office may not approve a residence for use as a child care home that is not the primary residence of the family child care registration applicant.

(2) A child care home registration is subject to revocation if the home is no longer the primary residence of the provider.

I. The provider may not allow an employee, staff member, substitute, or volunteer to:

(1) Be assigned to a group of children or have access to a child in care until the individual has successfully passed the child abuse and neglect clearance and a federal or State criminal background check; or

(2) Be alone with a child or group of children until all checks have been successfully passed.

Md. Code Regs. 13A.18.02.01

Regulation .01E amended effective 40:12 Md. R. 1043, eff.6/24/2013
Regulation .01H adopted effective 40:12 Md. R. 1043, eff.6/24/2013 ; amended effective 47:1 Md. R. 17, eff. 1/13/2020