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13a.15.13.00.htm 13A.15.13.00. Title 13A STATE BOARD OF EDUCATION Subtitle 15 FAMILY CHILD CARE Chapter 13 Inspections, Complaints, and Enforcement Authority: Family Law Article, §5-515, 5-550, 5-551, 5-554, 5-557, 5-557.1, and 5-560; Human Services Article, §1-202; State Government Article, §10-617; Article 88A, §6(b) Annotated Code of Maryland Agency Note: Federal Statutory Reference―Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq. Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.
13a.15.13.01.htm 13A.15.13.01. 01 Inspections.. A. The office shall inspect each family child care home:. 1) On an announced basis before issuing a certificate of initial registration or continuing registration; and2) On an unannounced basis, at least once within each 12-month period after the date that a certificate of initial registration or continuing registration was issued to the provider.B. The provider or substitute shall permit inspection of all areas of the home by the agency represe
13a.15.13.02.htm 13A.15.13.02. 02 Complaints.. The office shall investigate:. A. Both written and oral complaints that relate to a potential violation of a regulation under this subtitle, including anonymous complaints; andB. Complaints of unregistered family child care..
13a.15.13.03.htm 13A.15.13.03. 03 Warnings.. If an investigation of a complaint or an inspection of a family child care home indicates a violation of this subtitle that does not present an immediate threat to the health, safety, and welfare of a child in care, the office [shall] may issue a warning in writing, on an inspection report or by separate letter, that states:A. The violation found, citing the regulation;. B. The time period for correcting the violation; and. C. That failure to correc
13a.15.13.04.htm 13A.15.13.04. 04 Intermediate Sanctions.. A. Upon determining that a provider has violated or a home fails to meet any of the regulations of this subtitle, the office may:1) Restrict the age or number of children accepted for care;. 2) Reduce the number of children in care;. 3) Require the provider to receive remedial instruction in a specified content area;. 4) Increase the frequency of monitoring of the home during a specified period of time;. 5) Enter into an agreement with the provider detai
13a.15.13.05.htm 13A.15.13.05. 05 Nonemergency Suspension.. A. The office may suspend the certificate of registration, for a period of not more than 60 calendar days, upon determining that:1) The provider or home is in violation of any of the regulations under this subtitle and that the health, safety, or welfare of a child in the home is threatened; or2) If the registration is a continuing registration that was placed on conditional status, the:. a) Conditional status has lapsed; and.
13a.15.13.06.htm 13A.15.13.06. 06 Emergency Suspension.. A. The office may immediately suspend the certificate of registration for a period of not more than 45 calendar days upon finding that a child's health, safety, or welfare imperatively requires emergency action.B. The office shall hand deliver a written notice to the provider informing the provider of the emergency suspension, giving the reasons for the action, and notifying the provider of the right to request, within 30 days of th
13a.15.13.07.htm 13A.15.13.07. 07 Revocation.. A. The office may revoke a certificate of registration if the:. 1) Provider or home is in violation of one or more of the regulations under this subtitle and the health, safety, or welfare of a child in the home is threatened;2) Provider misrepresented or offered false information on the application or on any form or report required by the office;3) Provider interferes with or obstructs the agency representative in the performance of the duties of the office;
13a.15.13.08.htm 13A.15.13.08. 08 Penalties.. A. An individual found to be operating a family child care home, or advertising a family child care service, without a valid family child care registration is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:1) $1,500 for the first violation; and. 2) $2,500 for a second or subsequent violation.. B. The office may institute legal proceedings to:. 1) Enjoin any individual not registered who is providing family child care
13a.15.13.09.htm 13A.15.13.09. 09 Civil Citations.. A. The office may issue a civil citation imposing a civil penalty to an individual who provides unregistered family child care in violation of the requirements of this subtitle.B. Assessment of Penalty.. 1) Subject to §B(3) of this regulation, an individual to whom a civil citation is issued is subject to a civil penalty in the amount of:a) $250 for the first violation;. b) $500 for the second violation; and.
13a.15.13.9999.htm 13A.15.13.9999. Administrative History Effective date: October 20, 2008 (35:21 Md. R. 1826). Regulation .01A amended effective March 21, 2011 (38:6 Md. R. 396). Regulation .03 amended effective March 21, 2011 (38:6 Md. R. 396). Regulation .07A amended effective June 24, 2013 (40:12 Md. R. 1043) April 14, 2014 (41:7 Md. R. 423).
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