Md. Code Regs. 13A.16.02.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.16.02.02 - Initial License

A. An individual or organization not currently licensed and wanting to operate a child care center shall:

(1) Complete an orientation to child care center licensing regulations that is offered or approved by the office;

(2) File a notice of intent with the office before applying for permits in connection with construction or operation of a center;

(3) Submit to the office at least 60 days before the proposed opening date a completed and signed application form, supplied by the office, that contains a statement of truthfulness and commitment to comply with this subtitle;

(4) Provide the Social Security number of the applicant or, if the applicant does not have one, the individual taxpayer identification number of the applicant; and

(5) Ensure that an application for a federal and Maryland State criminal background check is submitted for:

(a) The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility;

(b) The director;

(c) Each employee, including substitutes and volunteers; and

(d) Each individual 18 years old or older living on the child care center premises.

B. Before the proposed opening date, the applicant shall submit the following items to the office, if not submitted at the time the written application form was submitted:

(1) Signed and notarized permission to examine records of abuse and neglect of children and adults for information about:

(a) The director;

(b) Each employee, including substitutes and volunteers;

(c) Each individual 18 years old or older living on the same premises as the child care center;

(d) The applicant, if the applicant is an individual who will have frequent contact with children who are cared for in the facility; and

(e) Trustees, managers, or board members who may have frequent contact with children in care, if the applicant is a corporation, agency, association, or other organizational entity;

(2) Evidence of compliance with all applicable zoning and building codes;

(3) Site plans;

(4) Floor plans with architectural details;

(5) A written plan of operation;

(6) Workers' Compensation insurance information;

(7) Fire evacuation plan;

(8) A complete personnel list, on a form supplied or approved by the office, and all related supporting documentation required by the office;

(9) A complete staffing pattern, on a form supplied or approved by the office, which specifies by staff name all child care assignments;

(10) Menu for 4 weeks;

(11) A written child discipline policy; and

(12) All other documentation required by law or regulation, including but not limited to:

(a) Proof of an on-site inspection and approval by the local fire authority having jurisdiction; and

(b) Building use and occupancy permits.

C. Non-Maryland State Criminal Background Check. If an individual subject to the requirements of §A(4) of this regulation currently resides or has resided in a state other than Maryland within 5 years before the date of application for a child care center license, the individual shall:

(1) Apply for a state criminal background check to be performed by a duly authorized entity within that state; and

(2) Request the non-Maryland state entity performing the criminal background check to transmit the result of that background check directly to the Agency.

Md. Code Regs. 13A.16.02.02

Regulation .02A amended effective April 19, 2010 (37:8 Md. R. 618)
Regulation .02 amended effective 42:14 Md. R. 881, eff.7/20/2015; amended effective 47:1 Md. R. 14, eff. 1/13/2020; amended effective 50:22 Md. R. 977, eff. 11/13/2023