1. A. Provisional Status.

   1. (1) Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing registration additional time to meet all applicable requirements, the office may approve an initial or a continuing registration on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.
   2. (2) An initial registration may not be approved if the office has not yet received evidence that the applicant and, as applicable, each individual specified in Regulation .02C(1) and D(1) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.

   3. (3) At the end of the provisional period, if all requirements for the initial or continuing registration are not met due to:

      1. (a) Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for registration; or
      2. (b) Circumstances beyond the control of the applicant, the office may reapprove the provisional status of the registration for one or more additional periods of up to 120 days per period, except that provisional registration status may not be continued for more than 24 months after the start of the first provisional period.
   4. (4) If the office denies a certificate of registration at the end of the provisional period, the applicant or provider does not have a valid registration and shall cease operating.

2. B. Conditional Registration.

   1. (1) If a provider who holds a continuing registration fails to remedy a violation as required, the office may replace the continuing registration with a conditional registration for:

      1. (a) A period of up to 120 days; and
      2. (b) Upon approval by the Agency's central office, an additional period of up to 120 days.

   2. (2) Upon replacing a continuing registration with a conditional registration, the office shall issue to the provider a revised certificate of registration that states the:

      1. (a) Date that the continuing registration was replaced by the conditional registration;
      2. (b) Period of time of the conditional registration; and
      3. (c) Requirements for reinstating the continuing registration.

   3. (3) Immediately upon receipt of the revised certificate of registration, the provider shall:

      1. (a) Remove from display in the child care home the certificate of continuing registration that was originally issued; and
      2. (b) Display the revised certificate as required by Regulation .01D of this chapter.
   4. (4) If the provider satisfies all requirements for reinstatement of the continuing registration, the office shall promptly notify the provider about the reinstatement of the continuing registration.
   5. (5) If the provider fails to satisfy all requirements for reinstatement of the continuing registration within the specified period of time, the office may suspend or revoke the conditional registration.

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; 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.);
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: February 6, 2012 (39:2 Md. R. 142)

Regulation .01 amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .01E amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .01H adopted effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)

Regulation .02B amended effective April 14, 2014 (41:7 Md. R. 423)

Regulation .02C amended effective November 13, 2023 (50:22 Md. R. 977)

Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .03A amended effective April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 884)

Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)

Regulation .05B amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)

Regulation .06C amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .07 amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .07B, C amended effective April 18, 2022 (49:8 Md. R. 500)

Regulation .08A amended effective January 13, 2020 (47:1 Md. R. 17)