1. A. General. The licensee shall have a structured plan of care designed to meet the children's physical needs and well-being.

2. B. Food and Nutrition. The licensee shall:

   1. (1) Serve food that meets or exceeds the children's recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences;
   2. (2) Maintain at least a 72-hour supply of food in accordance with the planned menu;
   3. (3) Maintain nonperishable food items in the event of an emergency, in accordance with the licensee’s emergency preparedness plan;
   4. (4) Provide each child three meals each day, which are approved by a registered dietician and offer nutritious between-meal snacks, with not more than 14 hours between dinner and breakfast the following day;
   5. (5) Offer approved supplementary or modified nutritionally sufficient diets for religious, cultural, life philosophy, or health reasons, as appropriate;
   6. (6) Prohibit forced feeding of or withholding of food from a child as a form of discipline;
   7. (7) Ensure that if employees are served food from the facility, it shall be the same food as that served to the children;
   8. (8) Observe the applicable requirements of the Maryland Department of Health and local health departments; and

   9. (9) Design menus that:

      1. (a) Are kept on file for 12 months;
      2. (b) Are approved at least annually by an individual licensed by the State to practice dietetics;
      3. (c) Are planned at least a week in advance;
      4. (d) Document the actual foods served, including comparable substitutions; and
      5. (e) Document any between-meal snacks provided.

3. C. Children’s Personal Funds. The licensee shall:

   1. (1) Have and observe a written policy concerning a child’s personal funds which addresses:

      1. (a) The child's access to the child's personal funds;
      2. (b) Accrual of interest into the child's account from an interest bearing account;
      3. (c) Accounting for the child's funds on request; and
      4. (d) The limit, if any, placed on the personal funds a child may bring into and hold while in the program;
   2. (2) Make an inventory of the child's personal funds and other belongings upon admission, and update the inventory as needed;
   3. (3) Treat money earned by a child or received by the child as a gift or as an allowance as the child's personal property;
   4. (4) Account for and maintain a child's personal funds separate from program funds;
   5. (5) Transfer a child’s personal funds to the child within 5 business days of discharge from the program;
   6. (6) As applicable, deduct reasonable sums from a child's allowance as restitution for damage done, if the practice is consistent with the licensee’s program and written restitution policy; and
   7. (7) Ensure that restitution shall be paid from the child’s personal funds in accordance with the child’s court order.

4. D. Clothing. The licensee shall:

   1. (1) Ensure that the children have an adequate supply of clean, comfortable, well-fitting clothes, and shoes for indoor and outdoor wear;
   2. (2) Treat a child's clothing as the child's personal property;
   3. (3) Allow a child to be involved, as appropriate, in the selection, care, and maintenance of the child's clothing;
   4. (4) Use donated clothing only if suitable and in good condition; and
   5. (5) Transfer a child's clothing to the child upon discharge.

5. E. Other Personal Belongings.

   1. (1) The licensee shall have a policy regarding personal belongings that will:

      1. (a) Allow a child to possess appropriate personal belongings;
      2. (b) Make reasonable provisions for the protection of a child's personal belongings; and
      3. (c) Transfer to a child the child's personal belongings upon discharge.
   2. (2) The licensee may limit the size, value, or type of personal belongings that a child may bring to the program.

6. F. Personal Hygiene. The licensee shall:

   1. (1) Instruct the children in good habits of personal care, hygiene, and grooming; and

   2. (2) Provide each child with culture-specific and gender-specific hygiene products, including, but not limited to:

      1. (a) A toothbrush and toothpaste;
      2. (b) Mouthwash and dental floss;
      3. (c) A comb and brush;
      4. (d) Clean towels and washcloths;
      5. (e) Soap;
      6. (f) Shampoo and conditioner;
      7. (g) Body lotion or moisturizer;
      8. (h) Deodorant; and
      9. (i) Feminine hygiene products.

7. G. Sleep. The licensee shall:

   1. (1) Establish and follow routines for waking the children and putting them to bed; and
   2. (2) Provide children the opportunity each night for at least 8 hours of uninterrupted sleep, except in the event of an emergency or drill.

Authority: Education Article, §§8-301—8-303 and 8-401—8-417; Family Law Article, §§5-506, 5-508—5-510;
Health-General Article, §§2-104, 7-904, 8-404, 10-922, and 10-924; Health Occupations Article, §20-302;
Human Services Article, §§2-209, 2-212, 9-203, 9-204, 9-221, 9-231, 9-234, and 9-235; Annotated Code of Maryland

Effective date: November 22, 2004 (31:23 Md. R. 1651)

COMAR 01.04.07 revised and recodified to COMAR 14.31.06 as an emergency provision effective June 30, 2005 (32:15 Md. R. 1314); revised and recodified permanently effective November 24, 2005 (32:23 Md. R. 1828)

Regulation .02 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .03B amended effective May 19, 2008 (35:10 Md. R. 973); June 10, 2013 (40:11 Md. R. 975)

Regulation .04 amended effective May 19, 2008 (35:10 Md. R. 973); June 10, 2013 (40:11 Md. R. 975)

Regulation .05E amended effective April 13, 2015 (42:7 Md. R. 571)

Regulation .06 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .06A amended effective May 19, 2008 (35:10 Md. R. 973)

Regulation .07 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .08 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .09 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .09A amended effective May 19, 2008 (35:10 Md. R. 973)

Regulation .10 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .11B amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .12 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .13 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .14 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .15 repealed and new Regulation .15 adopted effective May 19, 2008 (35:10 Md. R. 973)

Regulation .15 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .16 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .17 amended effective August 4, 2014 (41:15 Md. R. 892)

Regulation .18 amended effective June 10, 2013 (40:11 Md. R. 975); August 4, 2014 (41:15 Md. R. 892)

Regulation .18A amended effective May 19, 2008 (35:10 Md. R. 973)

Regulation .19 amended effective June 10, 2013 (40:11 Md. R. 975)