5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: Center based child care is offered in a facility other than a residence, and the number of children in care depends on space, materials, equipment, and qualified staff. Child care centers include public child care programs and Letter of Compliance facilities. Letter of Compliance programs are child care programs operated by tax exempt religious organizations in school buildings used exclusively for children who are enrolled in those schools and meet basic health, safety, space and other requirements. Child Care Center COMAR 13A.16.01.02 (15) states: An agency, institution, or establishment that, on a regular schedule for at least 2 days per week and for at least 2 hours per day, or on a 24-hour basis, offers or provides child care to children who do not have the same parentage. A child care center includes: 1. a nonpublic nursery school approved under Education Article, §2-206, Annotated Code of Maryland in which an educational program is offered or provided for children who are 2 years old or older but younger than 5 years old; 2. a facility providing specialized training in a specific discipline or subject that also offers a child-related service such as, but not limited to, transportation, free play, meals or snacks, tutoring or homework sessions; 3. child care operated by a State or local government agency. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: Letter of Compliance COMAR 13A.17.01.01(A) Letter of Compliance Facility - means a tax-exempt religious organization that operates a nursery school or child care program in a school building used exclusively for children who are enrolled in that school. [ ] No. b. Identify the family child care providers subject to licensing: Family child care is offered in the provider’s residence. Regulations allow a family childcare provider to care for as many as eight children at any one time dependent on space, materials, equipment, and provider training. There is an additional designation within this category called large family child care homes, which can care for more children, with additional requirements. Family child care is regulated by the Maryland State Department of Education (MSDE). Family child care providers offer care in their own home to one or more children who aren’t related to the provider. To ensure a safe environment, Maryland limits the number of children in a family child care home: A provider may care for up to eight children with no more than four children under the age of two. There must be one approved adult for every two children under the age of two. The provider’s own children under the age of six are counted within the group of eight. COMAR 13A.15.04.03 (D). Additionally, there is a category of care, Large Family Child Care Homes. The provider must be a resident of the home and may care for a maximum child care capacity of 12 children. COMAR 13A.18.01.02 (B) (24) Large Family Child Care. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: N/A Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. N/A ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. N/A ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. Friends, family neighbors and relatives providing child care in the child’s own home are exempt from licensing requirements. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Maryland has licensed-exempt In-home care (care in the child’s own home by a non-relative) where this exemption type does not endanger the health, safety, and development of children by requiring the following for all licensed-exempt provider types: Criminal Background clearance and Child Protective Service clearance on providers and their associated parties; a collaborative effort of the provider and parent to develop and complete an Emergency Preparedness Plan, Emergency Care and Medication Authorization for each child in care; and the Health & Safety Standards and Child Care Provider Agreement. These providers must earn a passing grade of 80 percent or better on the annual Basic Health & Safety Training; and must complete Cardiopulmonary Resuscitation (CPR) training for all child age groups every two years to earn the Adult, Child and Baby First Aid/ CPR/AED certificate. The care location must pass a health and safety inspection before approval and other inspections (e.g. unannounced inspections) during the year.