1. A. Application Requirements. An individual or organization that does not currently hold a letter of compliance and wishes to operate a nursery school or child care program under this subtitle shall:

   1. (1) File a notice of intent with the office before applying for permits in connection with construction or operation of a facility;
   2. (2) File with the office at least 60 days before the proposed opening date a signed and completed application form supplied by the office;
   3. (3) Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant; and

   4. (4) Ensure that an application for a federal and State criminal background check is submitted for:

      1. (a) The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility;
      2. (b) The director;
      3. (c) Each employee, including substitutes and volunteers; and
      4. (d) Each individual 18 years old or older living on the child care facility premises.

2. B. Before the proposed opening date, the applicant shall submit the following items to the office, if not submitted at the time the written application form was submitted:

   1. (1) Signed and notarized permission to examine records of abuse and neglect of children and adults for information about:

      1. (a) The director;
      2. (b) Each employee, including substitutes and volunteers;
      3. (c) Each individual 18 years old or older living on the same premises as the child care facility;
      4. (d) The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility; and
      5. (e) Trustees, managers, or board members who may have frequent contact with children in care, if the applicant is a corporation, agency, association, or other organizational entity;
   2. (2) Evidence of compliance with all applicable zoning and building codes;
   3. (3) Site plans;
   4. (4) Floor plans with architectural details;
   5. (5) A written plan of operation;
   6. (6) Workers' Compensation insurance information;
   7. (7) Fire evacuation plan;
   8. (8) A complete personnel list, on a form supplied or approved by the office, and all related supporting documentation required by the office;
   9. (9) A complete staffing pattern, on a form supplied or approved by the office, which specifies by staff name all child care assignments;
   10. (10) Menu for 4 weeks;
   11. (11) A written child discipline policy; and

   12. (12) All other documentation required by law or regulation, including but not limited to:

       1. (a) Proof of an on-site inspection and approval by the local fire authority having jurisdiction; and
       2. (b) Building use and occupancy permits.

3. C. Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §A(3) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for registration, the individual shall:

   1. (1) Apply for a state criminal background check to be performed by a duly authorized entity within that state; and
   2. (2) Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.

Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; 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. 1827)

Regulation .01C adopted effective January 13, 2020 (47:1 Md. R. 16)

Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)

Regulation .02A amended effective November 13, 2023 (Md. R. 977)

Regulation .03A amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .03C amended effective April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883)

Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)