2013 Maryland Code
FAMILY LAW
§ 5-580 - Denials, suspensions and revocations; emergency suspensions; injunctions

§5-580.

(a) Subject to the hearing requirements of this section, the Department may deny a license or letter of compliance to any applicant or deny approval for a change under § 5-577 of this subtitle if the applicant or proposed change does not meet the requirements of this subtitle.

(b) Subject to the hearing requirements of this section and § 5-581 of this subtitle, the State Superintendent may suspend or revoke a license or letter of compliance if the licensee:

(1) violates a provision of this Part VII of this subtitle or any rule or regulation adopted under it; or

(2) does not meet the current requirements for a new license or letter of compliance.

(c) (1) Except as otherwise provided in subsection (d) of this section, before any action is taken under this section, the State Superintendent shall give the individual against whom the action is contemplated an opportunity for a public hearing before the State Superintendent.

(2) The hearing notice to be given to the individual shall be sent at least 10 days before the hearing.

(3) The individual may be represented at the hearing by counsel.

(d) (1) (i) The State Superintendent may suspend the license or letter of compliance to operate a child care center on an emergency basis when the State Superintendent determines that this action is required to protect the health, safety, or welfare of a child in the child care center.

(ii) When the State Superintendent suspends a license or letter of compliance on an emergency basis, the State Superintendent shall deliver written notice of the suspension to the licensee stating the regulatory basis for the suspension.

(2) (i) Upon delivery of the emergency suspension notice, the licensee or letter holder shall cease immediately operation of the child care center.

(ii) The licensee or letter holder may request a hearing before the State Superintendent.

(3) (i) If a hearing is requested by the licensee or letter holder, the State Superintendent shall hold a hearing within 7 calendar days of the request for a hearing. The hearing shall be held in accordance with the Administrative Procedure Act.

(ii) Within 7 calendar days of the hearing a decision concerning the emergency suspension shall be made by the State Superintendent.

(4) If the emergency suspension order is upheld by the State Superintendent, the licensee or letter holder shall continue to cease operations until it is determined that the health, safety, or welfare of a child in the child care center is no longer threatened.

(5) Any person aggrieved by a decision of the State Superintendent to uphold an emergency suspension may appeal that decision directly to the circuit court in the county in which the child care center is located.

(e) The State Superintendent may petition the circuit court in the county in which the child care center is located to enjoin the activities and operations of a person who operates a child care center without a license or letter of compliance as required by this Part VII, including when a license or letter of compliance has been denied, revoked, or suspended in accordance with this Part VII.

§ 5-580 - 1. Search warrant -- Unlicensed child care centers

(a) Authorized. -- The State Superintendent or other authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any unlicensed child care center to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to child care centers.

(b) Requirements for application. --

(1) The application for an administrative search warrant shall be in writing and signed and sworn by the State Superintendent and shall particularly describe the place, structure, premises, or records to be inspected and the nature, scope, and purpose of the inspection to be conducted.

(2) Before the filing of an administrative search warrant application with a court, the application shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.

(c) Issuance. -- A judge of a District Court or circuit court in the jurisdiction in which the unlicensed child care center is located may issue an administrative search warrant on finding that:

(1) the Department has reasonably sought and been denied access to an unlicensed child care center for the purpose of making an inspection;

(2) the requirements of subsection (b) of this section are met;

(3) the official or employee of the Department is authorized or required by law to make an inspection of the unlicensed child care center for which the warrant is sought; and

(4) the Department has shown probable cause for the issuance of the warrant by specific evidence:

(i) of an existing violation of § 5-574(a) or § 5-582 of this subtitle; and

(ii) that the health, safety, and welfare of the children in the child care center are substantially threatened due to conditions in the child care center.

(d) Scope of search warrant. -- The administrative search warrant issued under this section shall specify the place, structure, premises, or records to be inspected and shall be enforceable during operating hours for a period not exceeding 15 days from the date of issuance.

(e) Scope of inspection. --

(1) An administrative search warrant issued under this section authorizes the State Superintendent and other officials or employees of the Department to enter the specified property to perform the inspection and other functions authorized by law to determine compliance with the provisions of this subtitle relating to child care centers.

(2) The inspection may not exceed the limits specified in the warrant.

§ 5-580 - 2. Lead poisoning screen

Within 30 days after a child under the age of 6 years enters care in a child care center, a parent or guardian of the child shall provide to the child care center evidence of an appropriate screening for lead poisoning. This evidence may include documentation from the child's continuing care health care provider that the child was screened through an initial questionnaire and was determined not to be at risk for lead poisoning.

§ 5-580 - 3. Child abuse and neglect clearance for employees of child care centers

(a) Scope. --

(1) The requirements of this subsection apply only to an employee hired on or after October 1, 2005.

(2) Each employee, as defined in § 5-560 of this subtitle, of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall apply to the Department of Human Resources, on or before the first day of actual employment, for a child abuse and neglect clearance.

(b) Employment of certain individuals prohibited. -- The Department may prohibit the operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle from employing an individual who:

(1) has received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Part VI of this subtitle; or

(2) has been identified as responsible for child abuse or neglect.

(c) Notification by operators receiving certain results of criminal history checks of employees. -- The operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall immediately notify the Department of a criminal history records check of an employee that reports a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Part VI of this subtitle.