1. A. Applicability of Subtitle. Except as specified at §B of this regulation, this subtitle governs nonparental care of children for part of a 24-hour day not in the child's own home, in a group setting such as a child care center, preschool, child development center, nursery school, before-school and after-school program, school age child care, or early learning center, by whatever name known, under private nonprofit, proprietary, public, and religious auspices.

2. B. Exemptions. This subtitle does not apply to:

   1. (1) A family child care home registered under COMAR 13A.15;
   2. (2) A facility that offers or provides a residential placement for a child under Family Law Article, Title 5, Subtitle 5, or Health-General Article, Title 6 or 10, Annotated Code of Maryland;
   3. (3) A youth camp, as defined by Health-General Article, §14-401(o), Annotated Code of Maryland;
   4. (4) A child care service operated by the federal government or on federal property;
   5. (5) A public school during the hours in which an instructional program is offered;
   6. (6) A nonpublic kindergarten for children at least 5 years old during the hours in which an instructional program is offered;
   7. (7) A nonpublic elementary school during the hours in which an instructional program is offered;
   8. (8) Child care services provided in connection with a shelter housing individuals temporarily without residences, exclusively for the children of those individuals;
   9. (9) The physical plant, including sanitary facilities, of a child care center exclusively for school age children, located in a currently operating public or nonpublic school building, if the application of the regulation would require modification of the physical plant;
   10. (10) Programs that operate for 6 weeks or less in any calendar year; or

   11. (11) The instructional program, curriculum, and teacher, principal, and administrator qualifications of a:

       1. (a) Nursery school operated by a tax-exempt religious organization which does not have a certificate of approval from the State Board of Education; or
       2. (b) Child care program operated by a tax-exempt religious organization in a school building used exclusively for children who are enrolled in that school.

Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; 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 amended effective March 21, 2011 (38:6 Md. R. 396)

Regulation .01B amended effective January 13, 2020 (47:1 Md. R. 14)

Regulation .02B amended effective April 19, 2010 (37:8 Md. R. 618); March 21, 2011 (38:6 Md. R. 396); January 23, 2012 (39:1 Md. R, 20); June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14); April 18, 2022 (49:7 Md. R. 500)

Regulation .02B amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)