1. A. At all times while in care, each child shall be assigned to a group of children that is supervised by a family child care teacher who meets the requirements of COMAR 13A.18.06.06.
2. B. The provider shall assign qualified family child care teachers to each group of children as needed to meet the requirements for group size and staffing set forth at Regulation .03 of this chapter.
3. C. A child younger than 2 years old may be handled or fed only by an individual designated to do so by the provider.

4. D. Staff Availability.

   1. (1) In case of a temporary absence from the child care home of the provider or, if applicable, the director:

      1. (a) The provider shall designate a family child care teacher to be present and in charge of the child care home; or
      2. (b) If a family child care teacher is not available, the provider shall direct the provider’s substitute to be present and in charge of the child care home.
   2. (2) If the only children in attendance are 2 years old or older and only one staff member is needed to meet staff/child ratio requirements, the provider shall have a written, signed, and dated agreement from an adult who has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records and is willing and able to be at the child care home within 15 minutes of notification.

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

Regulation .01A amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)

Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .02D amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .03G adopted effective June 24, 2013 (40:12 Md. R. 1043)

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

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