1. A. An operator may not admit a child for care unless the operator has:

   1. (1) Met the applicable requirements of this regulation; and
   2. (2) If the child is temporarily admitted or retained in care on a temporary basis pursuant to §E of this regulation, received the written records required by Regulation .04C—H of this chapter.

2. B. At or before the child's admission to care, the operator shall obtain:

   1. (1) Written information from the parent about the child's individual needs; and
   2. (2) If the child is enrolled in school, parental permission for the school to release the child's health information to the child care facility.

3. C. As part of the admission process, the operator shall:

   1. (1) Give the parent, or advise the parent. how to obtain information that is supplied by the office concerning:

      1. (a) Consumer education on child care;
      2. (b) How to file a complaint against the child care facility; and
   2. (2) Provide written evidence that the requirements of §C(1) of this regulation have been met.
4. D. If a child is younger than 6 years old at the time of admission, the operator may not allow the child to remain in care if the parent does not, in accordance with COMAR 10.11.04, submit evidence to the operator on a form supplied or approved by the office that the child has received an appropriate lead screening or test.

5. E. Temporary Admission to Care.

   1. (1) An operator may temporarily admit or retain a child in care if:

      1. (a) The child is homeless; or
      2. (b) The child’s parent is unable to provide the health-related records specified in Regulation .04D—H of this chapter.

   2. (2) For a child to be temporarily admitted or retained in care, the parent shall present evidence of the child’s appointment with a health care provider or local health department to:

      1. (a) Receive a medical evaluation to include, if applicable, a lead screening or test;
      2. (b) Receive a required immunization;
      3. (c) Acquire evidence of age-appropriate immunizations on a form approved by the Office; or
      4. (d) Reconstruct a lost health record.
   3. (3) The date of the appointment required by §E(2) of this regulation may not be later than 20 calendar days after the date the child was temporarily admitted or retained.
   4. (4) An operator shall exclude from care a child who has been temporarily admitted or retained in care if the parent fails to provide evidence of the required medical evaluation, immunization, or health record within 3 business days after the date of the appointment made pursuant to §E(2) of this regulation.

Authority: Education Article, §§9.5-115, 9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, 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 .02 amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .02D, E amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .03 amended effective April 19, 2010 (37:8 Md. R. 619); March 17, 2025 (52:5 Md. R. 238)

Regulation .03B amended effective June 24, 2013 (40:12 Md. R. 1043); January 13, 2020 (47:1 Md. R. 16)

Regulation .03C adopted effective March 17, 2025 (52:5 Md. R. 238)

Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 16)

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

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

Regulation .05B amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .06 amended effective April 19, 2010 (37:8 Md. R. 619); July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)

Regulation .07C amended effective April 19, 2010 (37:8 Md. R. 619)

Regulation .09 adopted effective January 13, 2020 (47:1 Md. R. 16)