EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
Italics indicate opposite chamber/conference committee amendments.
*hb0477*
HOUSE BILL 477
F5 (5lr1764)
ENROLLED BILL
— Ways and Means/Education, Energy, and the Environment —
Introduced by Delegates Barnes and McCaskill
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 477
Article – Education 1
Section 9.5–305 and 9.5–404(b)(13) and (c) 2
Annotated Code of Maryland 3
(2022 Replacement Volume and 2024 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – Education 6
Section 9.5–404(a) 7
Annotated Code of Maryland 8
(2022 Replacement Volume and 2024 Supplement) 9
BY adding to 10
Article – Education 11
Section 9.5–404(c) 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Education 17
9.5–305. 18
(a) For purposes of this subtitle, a child care provider’s own children under the 19
age of 2 years shall be counted as children served. 20
(b) (1) In a family child care home: 21
(i) There may not be more than: 22
1. 8 children in care at any given time; and 23
2. [4] 5 children under the age of 2 years; and 24
(ii) There shall be an adult to child ratio of at least 1 adult to every 25
[2]: 26
1. 4 CHILDREN UNDER THE A GE OF 1 YEAR; AND 27
2. 5 children AT LEAST 1 YEAR OLD AND under the age of 2 28
years. 29
(2) (I) In a large family child care home: 30
HOUSE BILL 477 3
[(i)] 1. There may not be more than 12 children in care at any 1
given time; and 2
[(ii)] 2. [There] SUBJECT TO SUBPARAGRA PH (II) OF THIS 3
PARAGRAPH , THERE shall be a limit on the number of children under the age of 2 years 4
and an adult to child ratio that comply with regulations adopted by the Department under 5
§ 9.5–303 of this subtitle. 6
(II) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 7
THE DEPARTMENT MAY NOT SE T A LIMIT ON THE NUM BER OF CHILDREN UNDE R THE 8
AGE OF 2 YEARS AND THE ADULT TO CHILD RATIO THROU GH REGULATION THAT I S 9
MORE STRINGENT THAN THE LIMIT AND RATIO FOR A FAMILY CHILD C ARE HOME 10
UNDER PARAGRAPH (1) OF THIS SUBSECTI ON. 11
(c) If the Department determines that the group size provisions of subsection (b) 12
of this section are unsuitable for a particular family child care home or large family child 13
care home, the Department may decrease the number of children permitted to be in care at 14
that family child care home or large family child care home. 15
9.5–404. 16
(a) The State Board shall adopt rules and regulations for licensing and operating 17
child care centers. 18
(b) These rules and regulations shall: 19
(13) Subject to subsection [(c)] (D) of this section, establish probationary 20
employment qualifications for an individual who is applying for the first time to be a child 21
care teacher in a child care center in the State that serves preschool or school–age children 22
who are at least 3 years old. 23
(C) THE REGULATIONS ADOPT ED UNDER THIS SECTIO N SHALL REQUIRE A 24
CHILD CARE CENTER TO HAVE A RATIO OF AT L EAST 1 ADULT TO EVERY : 25
(1) 4 CHILDREN UNDER THE A GE OF 1 YEAR; AND 26
(2) 5 CHILDREN AT LEAST 1 YEAR OLD AND UNDER T HE AGE OF 2 27
YEARS. 28
[(c)] (D) (1) The probationary employment qualifications established under 29
subsection (b)(13) of this section shall allow an individual to be employed as a child care 30
teacher during a probationary period if the individual: 31
(i) 1. Is enrolled in approved pre–service training; 32
4 HOUSE BILL 477
2. Successfully completes the required 90 hours of the 1
approved pre–service training within 6 months after being hired; and 2
3. Holds an associate degree or a bachelor’s degree in: 3
A. Early childhood education; 4
B. Elementary education; 5
C. Child development; 6
D. Home economics; 7
E. Nursing; 8
F. Social work; 9
G. Special education; or 10
H. A related field approved by the Department; or 11
(ii) 1. Is enrolled in approved pre–service training; 12
2. Has successfully completed at least 45 hours of the 13
approved pre–service training at the time the child care center hires the individual; 14
3. Successfully completes the remaining hours of the 15
pre–service training within 6 months after being hired; and 16
4. Holds an associate degree or a bachelor’s degree in a field 17
other than a field listed under item (i)3 of this paragraph. 18
(2) If, at the end of the 6–month probationary period, an individual 19
described in paragraph (1) of this subsection has not completed the required pre–service 20
training, the child care center shall, with no further cause, terminate the individual or 21
reassign the individual to a nonteaching position. 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That: 24
(a) In this section, “child care facility” means: 25
(1) a child care center, as defined under § 9.5–401 of the Education Article; 26
(2) a family child care home, as defined under § 9.5–301 of the Education 27
Article; or 28
HOUSE BILL 477 5
(3) a large family child care home, as defined under § 9.5–301 of the 1
Education Article. 2
(b) The State Department of Education shall conduct a thorough analysis of the 3
State’s regulatory requirements for child care facilities. 4
(c) (1) In conducting the analysis required under subsection (b) of this section, 5
the Department shall pay particular attention to current regulations that limit the ability 6
of a person to: 7
(i) register a family child care home or a large family child care 8
home; 9
(ii) receive a license to operate a child care center; or 10
(iii) operate a child care facility in a profitable manner while 11
providing quality, affordable child care. 12
(2) In conducting its analysis, the Department shall, at a minimum, 13
analyze the current regulatory framework governing: 14
(i) the staffing of child care facilities, including the requirements to 15
work in child care and the supervisory requirements for child care staff; 16
(ii) the physical requirements for child care facilities; and 17
(iii) the programs in place to support child care facilities. 18
(3) The Department shall examine the framework that governs the 19
regulation of child care and child care facilities in different states and regions and how they 20
compare to those in the State. 21
(4) For each regulation examined as part of its analysis, the Department 22
shall determine whether the regulation results in or contributes to: 23
(i) a safer environment for children and child care facility 24
employees; 25
(ii) a quality early childhood education; or 26
(iii) a significant impact on the opening or operation of child care 27
facilities. 28
(5) In conducting its analysis, the Department shall consult with 29
stakeholders, including: 30
(i) the Office of Child Care Advisory Council; 31 6 HOUSE BILL 477
(ii) State and local early childhood advisory councils; 1
(iii) private child care providers; and 2
(iv) nonprofit organizations and unions that represent child care 3
providers. 4
(d) (1) On or before January 1, 2026, the Department shall provide an interim 5
report on the results of its analysis to the Governor and, in accordance with § 2–1257 of the 6
State Government Article, the General Assembly. 7
(2) On or before September 1, 2026, the Department shall issue a final 8
report on the results of its analysis, including any recommended changes to the regulatory 9
framework, to the Governor and, in accordance with § 2–1257 of the State Government 10
Article, the General Assembly. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2025. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.