Md. Code Regs. 13A.18.14.07

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

Section 13A.18.14.07 - Revocation

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, B, and F, COMAR 13A.18.06.08F, or COMAR 13A. 18.06.10B; or

(b) Child security requirements set forth in COMAR 13A.18;

(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.

Md. Code Regs. 13A.18.14.07

Regulation .07A amended effective 40:12 Md. R. 1043, eff.6/24/2013 ; amended effective 47:1 Md. R. 17, eff. 1/13/2020