HARRY HUGHES, Governor

1989

REVISOR'S NOTE: Subsections (a) and (b) of this section
formerly appeared as Article 88A, § 32E(c).

Subsection (c) of this section formerly appeared as
the third sentence of Article 88A, § 32D.

The only changes are in style.

The second sentence of former Article 88A, § 32D,
which provided that "there is established a system for
registration of family day care homes", is deleted in
light of subsection (a) of this section.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that, despite
subsection (b)(4) of this section and the use of the
term "registration", this Part V of this subtitle
creates a license requirement and a licensing
procedure. The Commission retained subsection (b)(4)
of this section and the term "registration" solely
because they were added to the Code by 1982
legislation.

Defined terms: "Day care provider" § 5-501
"Department" § 5-101 "Family day care" § 5-501
"Family day care home" § 5-501

5-551. RULES AND REGULATIONS.

(A)  DUTY OF DEPARTMENT.

THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS THAT RELATE
TO THE REGISTRATION OF FAMILY DAY CARE HOMES.

(B)  UNIFORMITY WITH OTHER RULES AND REGULATIONS REQUIRED.

SO FAR AS PRACTICABLE, THE RULES AND REGULATIONS SHALL BE
UNIFORM WITH THE RULES AND REGULATIONS ADOPTED BY OTHER STATE
AGENCIES AS THOSE RULES AND REGULATIONS RELATE TO OTHER TYPES OF
DAY CARE.

(C)  REQUIRED SCOPE.

AT A MINIMUM, THE RULES AND REGULATIONS SHALL PROVIDE FOR:

(1) MINIMUM STANDARDS OF ENVIRONMENTAL HEALTH AND
SAFETY, INCLUDING PROVISIONS FOR:

(I)  ADEQUATE AND SAFE PHYSICAL SURROUNDINGS;

(II)  THE PHYSICAL AND MENTAL HEALTH OF DAY CARE
PROVIDERS; AND

(III) INVESTIGATION OF ANY CRIMINAL RECORD OF A
DAY CARE PROVIDER;