Md. Code Regs. 13A.16.07.06

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

Section 13A.16.07.06 - Child Security

A. The operator shall ensure the safety and security of each child at all times.

B. Whenever an area of the center is being used for a child care activity and children are present, the operator may not permit the area to be used at the same time for any other purpose without prior approval of the office.

C. 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.

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

(a) Another child in care;

(b) A health service consultant used by the facility operator pursuant to COMAR 13A.16.06.14C;

(c) The child's parent, guardian, or other individual to whom the child may be released pursuant to Regulation .05 of this chapter;

(d) An individual who is authorized by the child's parent or guardian, and whose identity is verified, to provide a health care, academic, or other service to the child;

(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 center; or

(f) If the center is located at a school, an individual who for compensation is employed to work at the school; and

(2) Unless documentation is on file at the center that an independent contractor performing a service at the center 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 where children are present.

E. Activity Not Conducted by a Staff Member.

(1) An activity involving the participation of children that is not conducted or led by a staff member is not permitted unless:

(a) An appropriately qualified staff member is present throughout the activity to supervise the children; or

(b) The center is located on the premises of a school and the activity is conducted under school auspices by an individual who for compensation is employed to work at the school.

(2) A child may not participate in the activity unless the center has received prior written permission from the child's parent or guardian for the child's participation.

Md. Code Regs. 13A.16.07.06

Regulation .06C, D amended effective January 23, 2012 (39:1 Md. R. 20)
Regulation .06D amended effective April 19, 2010 (37:8 Md. R. 618); amended effective 47:1 Md. R. 14, eff. 1/13/2020