Md. Code Regs. 13A.16.17.04-1

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

Section 13A.16.17.04-1 - Emergency Intermediate Sanctions

A. Upon determining that an operator has violated the regulations in this subtitle and that action is required to protect the health, safety, or welfare of children in care, the Office may:

(1) Restrict the ages of children in care;

(2) Reduce the number of children in care;

(3) Limit the spaces, rooms, or areas that may be used for child care;

(4) Prohibit an employee, staff member, substitute, or volunteer who has successfully passed all checks under COMAR 13A.16.02.01I from being alone with a child or group of children pending an open child protective services or criminal investigation;

(5) Require the operator or center staff to participate in training in a specified content area;

(6) Increase the frequency of monitoring of the center during a specified period of time;

(7) Enter into an agreement with the operator detailing requirements for remedying violations and achieving compliance; and

(8) Notify, or require the operator to notify, a parent of a child who may be affected by the situation for which an emergency intermediate sanction has been imposed.

B. The Office shall hand deliver written notice of the emergency intermediate sanction to the operator stating:

(1) The regulatory basis for the sanction;

(2) That the operator shall immediately implement the sanction;

(3) That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the operator's request for a hearing;

(4) That the Office of Administrative Hearings shall issue a decision concerning the sanction within 7 calendar days of the hearing;

(5) That if the sanction is upheld, implementation of the sanction at the child care center shall continue until it is determined that the health, safety, or welfare of children in the facility is no longer threatened;

(6) That the sanction may lead to suspension or revocation of the operator's license, if the Office determines that an operator has violated a condition or requirement of the sanction; and

(7) That the operator may continue to provide child care, except as limited by the sanction.

C. If unable to hand deliver a written notice to the operator, the Office may send notice by regular and certified mail or by electronic mail, read receipt requested, to the operator's address on file.

Md. Code Regs. 13A.16.17.04-1

Regulation .04-1 adopted effective 50:25 Md. R. 1089, eff. 12/25/2023