1. A. An operator shall ensure the safety and security of each child at all times.
2. B. Unless an employee or staff member has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records, the individual may not be alone with an unrelated child in care.

3. C. A facility employee or staff member who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records shall:

   1. (1) Accompany a child whenever the child is in the presence of another individual, unless the individual is:

      1. (a) Another child in care;
      2. (b) A health service consultant used by the facility operator pursuant to COMAR 13A.17.06.06C;
      3. (c) The child's parent, guardian, or other individual to whom the child may be released pursuant to Regulation .05 of this chapter;
      4. (d) An individual who is authorized by the child's parent or guardian, and whose identity is verified, to provide a health care, educational, or other service to the child;
      5. (e) During an off-site activity, another child's parent or guardian, who is designated in writing by the facility operator to assist in transporting children to or from the facility; or
      6. (f) If the facility is located at a school, an individual who for compensation is employed to work at the school; and
   2. (2) Unless documentation is on file at the facility that an independent contractor performing a service at the facility has successfully passed federal and State criminal background checks and a review of child abuse and neglect records, remain within sight and sound of the contractor whenever the contractor is in an area of the facility where children are present.

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

Regulation .03B, C amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .06B, C amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .06C amended effective April 19, 2010 (37:8 Md. R. 619)