1. A. Requirement to Be Registered.

   1. (1) Except as provided under §A(2) of this regulation, an individual may not operate a family child care home unless:

      1. (a) Both the individual and the home meet the requirements for registration set forth in this subtitle; and
      2. (b) The individual possesses a valid certificate of registration.

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

      1. (a) Is a relative of each child;
      2. (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
      3. (c) Has received the care of the child from a child placement agency licensed by the Department of Human Services.
   3. (3) In this subtitle, all requirements pertaining to a family child care provider shall apply equally to a family child care coprovider, except that the coprovider is not required to reside in the family child care home.

2. B. Types of Registration. The office may issue:

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

   2. (2) A continuing registration, which may be:

      1. (a) Issued on a provisional basis under Regulation .04A of this chapter; or
      2. (b) Placed on a conditional status under Regulation .04B of this chapter.

3. C. A certificate of registration:

   1. (1) May not be transferred to another individual or residence; and
   2. (2) Remains the property of the office.
4. 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.

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

   1. (1) The provider closes the family child care home permanently;
   2. (2) The registration becomes invalid pursuant to §H(2) of this regulation;
   3. (3) The registration is revoked;
   4. (4) The registration is suspended; or

   5. (5) The initial registration expires, and:

      1. (a) The application for an initial or a continuing registration is denied; or
      2. (b) The provider has not applied for a continuing registration.

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

   1. (1) Family child care program under a different registration; or
   2. (2) Child care program that is subject to the requirements of COMAR 13A.16, 13A.17, or 13A.18.

7. G. A residence approved by the office before July 1, 2008, for the concurrent operation of more than one family child care program 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. (1) An increase in child capacity;
   2. (2) A change in the hours of operation;
   3. (3) A change in the ages of children served;
   4. (4) A change in the approved child care area; or
   5. (5) A variance to a regulation under this subtitle.

8. H. Residence of Applicant or Provider.

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

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; 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)

Effective date: October 20, 2008 (35:21 Md. R. 1826)

Regulation .01A, E amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .01F amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .01H adopted effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .02 amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .02B amended effective July 20, 2015 (42:14 Md. R. 882); November 13, 2023 (50:22 Md. R. 977)

Regulation .02B, C amended effective April 19, 2010 (37:8 Md. R. 618)

Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .03A amended effective April 19, 2010 (37:8 Md. R. 618); April 14, 2014 (41:7 Md. R. 423)

Regulation .05B amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 396)

Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 618)

Regulation .07 amended effective April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 12)

Regulation .07B, C amended effective April 18, 2022 (49:8 Md. R. 500)

Regulation .08A amended effective January 13, 2020 (47:1 Md. R. 12)