EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0477*
HOUSE BILL 477
F5 5lr1764
By: Delegates Barnes and McCaskill
Introduced and read first time: January 20, 2025
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 27, 2025
CHAPTER ______
AN ACT concerning 1
Family Child Care Homes and Child Care Centers – Adult to Child Ratios – 2
Alterations 3
State Department of Education – Family Child Care Homes and Child Care 4
Centers – Regulatory Analysis 5
FOR the purpose of altering the number of children under a certain age that are authorized 6
to be in care in a family child care home; altering certain ratios for adults to children 7
of certain ages in family child care homes and child care centers; requiring the State 8
Department of Education to conduct a thorough analysis of the State’s regulatory 9
requirements of certain child care facilities and report the results of its analysis on 10
or before certain dates; and generally relating to limits on the number of young 11
children in child care settings an analysis of the regulatory requirements for child 12
care facilities in the State. 13
BY repealing and reenacting, with amendments, 14
Article – Education 15
Section 9.5–305 and 9.5–404(b)(13) and (c) 16
Annotated Code of Maryland 17
(2022 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Education 20
Section 9.5–404(a) 21
Annotated Code of Maryland 22
(2022 Replacement Volume and 2024 Supplement) 23 2 HOUSE BILL 477
BY adding to 1
Article – Education 2
Section 9.5–404(c) 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Education 8
9.5–305. 9
(a) For purposes of this subtitle, a child care provider’s own children under the 10
age of 2 years shall be counted as children served. 11
(b) (1) In a family child care home: 12
(i) There may not be more than: 13
1. 8 children in care at any given time; and 14
2. [4] 5 children under the age of 2 years; and 15
(ii) There shall be an adult to child ratio of at least 1 adult to every 16
[2]: 17
1. 4 CHILDREN UNDER THE A GE OF 1 YEAR; AND 18
2. 5 children AT LEAST 1 YEAR OLD AND under the age of 2 19
years. 20
(2) (I) In a large family child care home: 21
[(i)] 1. There may not be more than 12 children in care at any 22
given time; and 23
[(ii)] 2. [There] SUBJECT TO SUBPARAGRA PH (II) OF THIS 24
PARAGRAPH , THERE shall be a limit on the number of children under the age of 2 years 25
and an adult to child ratio that comply with regulations adopted by the Department under 26
§ 9.5–303 of this subtitle. 27
(II) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 28
THE DEPARTMENT MAY NOT SET A LIMIT ON T HE NUMBER OF CHILDRE N UNDER THE 29
AGE OF 2 YEARS AND THE ADULT TO CHILD RATIO THROU GH REGULATION THAT I S 30 HOUSE BILL 477 3
MORE STRINGENT THAN THE LIMIT AND RATIO FOR A FAMILY CHILD C ARE HOME 1
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 2
(c) If the Department determines that the group size provisions of subsection (b) 3
of this section are unsuitable for a particular family child care home or large family child 4
care home, the Department may decrease the number of children permitted to be in care at 5
that family child care home or large family child care home. 6
9.5–404. 7
(a) The State Board shall adopt rules and regulations for licensing and operating 8
child care centers. 9
(b) These rules and regulations shall: 10
(13) Subject to subsection [(c)] (D) of this section, establish probationary 11
employment qualifications for an individual who is applying for the first time to be a child 12
care teacher in a child care center in the State that serves preschool or school–age children 13
who are at least 3 years old. 14
(C) THE REGULATIONS ADOPT ED UNDER THIS SECTIO N SHALL REQUIRE A 15
CHILD CARE CENTER TO HAVE A RATIO OF AT L EAST 1 ADULT TO EVERY : 16
(1) 4 CHILDREN UNDER THE A GE OF 1 YEAR; AND 17
(2) 5 CHILDREN AT LEAST 1 YEAR OLD AND UNDER T HE AGE OF 2 18
YEARS. 19
[(c)] (D) (1) The probationary employment qualifications established under 20
subsection (b)(13) of this section shall allow an individual to be employed as a child care 21
teacher during a probationary period if the individual: 22
(i) 1. Is enrolled in approved pre–service training; 23
2. Successfully completes the required 90 hours of the 24
approved pre–service training within 6 months after being hired; and 25
3. Holds an associate degree or a bachelor’s degree in: 26
A. Early childhood education; 27
B. Elementary education; 28
C. Child development; 29
D. Home economics; 30 4 HOUSE BILL 477
E. Nursing; 1
F. Social work; 2
G. Special education; or 3
H. A related field approved by the Department; or 4
(ii) 1. Is enrolled in approved pre–service training; 5
2. Has successfully completed at least 45 hours of the 6
approved pre–service training at the time the child care center hires the individual; 7
3. Successfully completes the remaining hours of the 8
pre–service training within 6 months after being hired; and 9
4. Holds an associate degree or a bachelor’s degree in a field 10
other than a field listed under item (i)3 of this paragraph. 11
(2) If, at the end of the 6–month probationary period, an individual 12
described in paragraph (1) of this subsection has not completed the required pre–service 13
training, the child care center shall, with no further cause, terminate the individual or 14
reassign the individual to a nonteaching position. 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That: 17
(a) In this section, “child care facility” means: 18
(1) a child care center, as defined under § 9.5–401 of the Education Article; 19
(2) a family child care home, as defined under § 9.5–301 of the Education 20
Article; or 21
(3) a large family child care home, as defined under § 9.5–301 of the 22
Education Article. 23
(b) The State Department of Education shall conduct a thorough analysis of the 24
State’s regulatory requirements for child care facilities. 25
(c) (1) In conducting the analysis required under subsection (b) of this section, 26
the Department shall pay particular attention to current regulations that limit the ability 27
of a person to: 28
(i) register a family child care home or a large family child care 29
home; 30 HOUSE BILL 477 5
(ii) receive a license to operate a child care center; or 1
(iii) operate a child care facility in a profitable manner while 2
providing quality, affordable child care. 3
(2) In conducting its analysis, the Department shall, at a minimum, 4
analyze the current regulatory framework governing: 5
(i) the staffing of child care facilities, including the requirements to 6
work in child care and the supervisory requirements for child care staff; 7
(ii) the physical requirements for child care facilities; and 8
(iii) the programs in place to support child care facilities. 9
(3) The Department shall examine the framework that governs the 10
regulation of child care and child care facilities in different states and regions and how they 11
compare to those in the State. 12
(4) For each regulation examined as part of its analysis, the Department 13
shall determine whether the regulation results in or contributes to: 14
(i) a safer environment for children and child care facility 15
employees; 16
(ii) a quality early childhood education; or 17
(iii) a significant impact on the opening or operation of child care 18
facilities. 19
(d) (1) On or before January 1, 2026, the Department shall provide an interim 20
report on the results of its analysis to the Governor and, in accordance with § 2–1257 of the 21
State Government Article, the General Assembly. 22
(2) On or before September 1, 2026, the Department shall issue a final 23
report on the results of its analysis, including any recommended changes to the regulatory 24
framework, to the Governor and, in accordance with § 2–1257 of the State Government 25
Article, the General Assembly. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 27
1, 2025. 28