1. A. Upon determining that a provider has violated the regulations in this subtitle and that action is required to protect the health, safety, or welfare of children in care, the Office may:

   1. (1) Restrict the ages of children in care;
   2. (2) Reduce the number of children in care;
   3. (3) Limit the spaces, rooms, or areas that may be used for child care;
   4. (4) Prohibit an employee, staff member, substitute, or volunteer who has successfully passed all checks under COMAR 13A.15.02.02 or .03 from being alone with a child or group of children pending an open child protective services or criminal investigation;
   5. (5) Require the provider or staff to participate in training in a specified content area;
   6. (6) Increase the frequency of monitoring of the home during a specified period of time;
   7. (7) Enter into an agreement with the provider detailing requirements for remedying violations and achieving compliance; and
   8. (8) Notify, or require the provider to notify, a parent of a child who may be affected by the situation for which an emergency intermediate sanction has been imposed.

2. B. The Office shall hand deliver written notice of the emergency intermediate sanction to the provider stating:

   1. (1) The regulatory basis for the sanction;
   2. (2) That the provider shall immediately implement the sanction;
   3. (3) That the provider is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the provider’s request for a hearing;
   4. (4) That the Office of Administrative Hearings shall issue a decision concerning the sanction within 7 calendar days of the hearing;
   5. (5) That if the sanction is upheld, implementation of the sanction at the child care home shall continue until it is determined that the health, safety, or welfare of children in the home is no longer threatened;
   6. (6) That the sanction may lead to suspension or revocation of the provider’s registration, if the Office determines that a provider has violated a condition or requirement of the sanction; and
   7. (7) That the provider may continue to provide child care, except as limited by the sanction.
3. C. If unable to hand deliver a written notice to the provider, the Office may send notice by regular and certified mail or by electronic mail, read receipt requested, to the provider’s address on file.

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 .01A amended effective March 21, 2011 (38:6 Md. R. 396)

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

Regulation .03 amended effective March 21, 2011 (38:6 Md. R. 396)

Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)

Regulation .05 amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .06 amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .07A amended effective June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423)

Regulation .07A, B amended effective January 13, 2020 (47:1 Md. R. 12)