Document Citation: Md. FAMILY LAW Code Ann. § 5-551

Header:
Annotated Code of Maryland
FAMILY LAW
TITLE 5. CHILDREN
SUBTITLE 5. CHILD CARE; FOSTER CARE
PART V. FAMILY DAY CARE HOMES

Date:
08/31/2009

Document:

§ 5-551. Regulations

(a) Duty of Department. -- The Department shall adopt regulations that relate to the registration of family day care homes.

(b) Uniformity with other regulations required. -- So far as practicable, the regulations shall be uniform with the rules and regulations adopted by other State agencies as those rules and regulations relate to other types of day care.

(c) Required scope. -- At a minimum, the regulations of the Department shall provide for:

(1) minimum standards of environmental health and safety, including provisions for:

(i) adequate and safe physical surroundings, including requirements for window coverings in accordance with § 5-505 of this subtitle;

(ii) the physical and mental health of day care providers; and

(iii) investigation of any criminal record of a day care provider;

(2) a thorough evaluation of each prospective family day care home and day care provider, to be completed before the Department accepts an initial registration;

(3) an initial family day care registration that expires 2 years after its effective date;

(4) a continuing family day care registration that:

(i) upon application by the day care provider that meets the requirements set by the Department, is issued to the provider before the end of the initial registration period; and

(ii) once issued, remains in effect until surrendered, suspended, revoked, or replaced by a conditional registration;

(5) reporting of any changed circumstances that relate to the requirements, by the day care provider, at the time the change occurs;

(6) an orientation to be provided to prospective day care providers by the Department before initial registration;

(7) announced inspection by the Department of each registered family day care home prior to issuance of an initial or continuing registration to determine whether applicable requirements are being met;

(8) unannounced inspection by the Department of each registered family day care home at least once during each 12-month period that an initial or continuing registration is in effect to determine whether safe and appropriate child care is being provided;

(9) procedures to be followed by the Department in response to a complaint about a family day care home;

(10) a requirement that a person who advertises a family day care home or family day care service shall:

(i) indicate in the advertisement that the family day care home is registered; and

(ii) display in the advertisement the registration number issued to the family day care home or family day care service by the Department;

(11) a requirement that each registered day care provider shall hold a current certificate indicating successful completion of approved:

(i) basic first aid training through the American Red Cross or through a program with equivalent standards; and

(ii) cardiopulmonary resuscitation (CPR) training through the American Heart Association or through a program with equivalent standards appropriate for the ages of children for whom care is provided in the family day care home; and

(12) (i) a requirement that a family day care home that receives notice of a contaminated drinking water supply from the family day care home's supplier of water, in accordance with § 9-410 of the Environment Article or otherwise, send notice of the drinking water contamination to the parent or legal guardian of each child attending the family day care home; and

(ii) a requirement that the notice sent by the family day care home shall:

1. be sent within 10 business days after receipt of the notice of contamination from the family day care home's water supplier;

2. be in writing;

3. identify the contaminants and their levels in the family day care home's water supply; and

4. describe the family day care home's plan for dealing with the water contamination problem until the family day care home's water is determined by the appropriate authority to be safe for consumption.

(d) Emergency preparedness plans. -- The Department shall adopt regulations that:

(1) require a family day care provider to have a written emergency preparedness plan for emergency situations that require evacuation, sheltering in place, or other protection of children such as in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the family day care home;

(2) require the plan under item (1) of this subsection to include:

(i) a designated relocation site and evacuation route;

(ii) procedures for notifying parents or other adults responsible for the child of the relocation;

(iii) procedures to address the needs of individual children including children with special needs;

(iv) procedures for the reassignment of staff duties during an emergency, as appropriate; and

(v) procedures for communicating with local emergency management officials or other appropriate State or local authorities; and

(3) require a family day care provider to train staff and ensure that staff are familiar with the plan.