- A. A child engaged in swimming or wading shall be under immediate supervision by the provider or substitute at all times.
- B. Whenever children are engaged in a swimming activity, at least two adults permitted to have child care responsibilities under this subtitle shall be present during the activity.
- C. When water is over a child's chest and the child cannot swim, the provider or substitute shall be in the water with the child to provide one-to-one supervision.
- D. When water is more than 4 feet deep, an individual 16 years old or older who holds a current certificate of approval for lifeguarding from the American Red Cross, YMCA, or other organization acceptable to the office or the local health department shall be present and on duty at all times while a child is in the water. A provider, substitute, or approved additional adult with the requisite certification may fulfill this requirement.
- E. A child engaged in swimming or wading shall be under immediate supervision by the provider or substitute at all times.
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)
Effective date: October 20, 2008 (35:21 Md. R. 1826)
Regulation .01 amended effective April 19, 2010 (37:8 Md. R. 618); July 20, 2015 (42:14 Md. R. 882)
Regulation .02C, D amended effective April 19, 2010 (37:8 Md. R. 618)
Regulation .03 repealed effective July 20, 2015 (42:14 Md. R. 882)
Regulation .04 amended effective April 19, 2010 (37:8 Md. R. 618)
Chapter revised effective January 13, 2020 (47:1 Md. R. 12)