Maryland child care center license: MSDE rules, staffing and steps

How Maryland’s center license is structured

In Maryland, the Maryland State Department of Education (MSDE) licenses child care, not a health or human services agency. Its Office of Child Care (OCC) does the work through Regional Licensing Offices.⁠¹⁵⁠¹⁷ Most centers are governed by COMAR 13A.16, “Licensed Child Care Centers.” Some nursery schools and programs run by tax-exempt religious organizations are governed by COMAR 13A.17, “Letters of Compliance.”⁠¹⁵ Three features set it apart.

• Two stages, and the second never expires. The initial license or Letter of Compliance expires on the second anniversary of its effective date. Before it expires, you apply for a continuing license, which stays in effect until it is surrendered, suspended or revoked.⁠⁴
• No new small centers. COMAR defines a “small center” as one located in a private residence and licensed for 12 or fewer children. Since January 1, 2012, OCC has not accepted new applications for small centers.⁠⁵⁠⁶ If you want to care for children in your home, you need a family child care home or large family child care home registration, not a center license.
• A notice of intent comes first. You must file a notice of intent with OCC before you apply for any construction or operating permit.⁠⁶ The filing date also matters later: the 75-square-foot outdoor rule applies to centers whose notice of intent OCC received on or after January 1, 2009.⁠⁹

Does your program need a center license?

Under the statute, a child care center is “an agency, institution, or establishment” that provides child care for part or all of a day, or around the clock on a regular schedule, at least twice a week, “to children who do not have the same parentage.”⁠¹ COMAR narrows that to a regular schedule of at least 2 days a week and at least 2 hours a day, or 24-hour care, and says the definition includes a facility offering specialized training in one subject (dance or tutoring, for example) that also provides a child-related service such as transportation, meals or free play, as well as child care run by a State or local government agency.⁠⁵ COMAR 13A.16 covers group care “by whatever name known”: preschools, nursery schools, child development centers, before- and after-school programs and early learning centers, whether private nonprofit, proprietary, public or religious.⁠⁵ One license covers care at any time of day.⁠²¹

COMAR 13A.16 does not apply to:⁠⁵

• Registered family child care homes.
• Youth camps.
• Child care run by the federal government or on federal property.
• Public schools, and nonpublic kindergartens (children 5 and older) and elementary schools, during instructional hours.
• Child care in a homeless shelter that serves only the children of its residents.
• Programs that operate 6 weeks or less in a calendar year.

Religious programs. A tax-exempt religious organization that runs a nursery school or child care center normally has to be licensed under COMAR 13A.16. There is one exception: if the program is in a school building that serves only children enrolled in that school, the organization can choose between a license and a Letter of Compliance.⁠⁶ Such programs are also exempt from the director and staff qualification rules and some program rules.⁠⁶ The statute separately exempts a program that runs only while the organization holds a religious service or meeting in its own building. That program must still comply with fire, building and zoning law and pass a fire inspection before it uses the space.⁠³ A Letter of Compliance facility may not care for children younger than 2.⁠¹⁵

School-age programs in schools. A before- and after-school program in a building used as a public or private school must meet the local fire, health and zoning codes for school buildings. It cannot be held to physical plant rules beyond those set by the county or local board of education.⁠³⁠⁵

Montessori schools. An approved Montessori school is still licensed under COMAR 13A.16. It is exempt from some rules, including director preservice training, preschool teacher qualifications and the annual fire inspection, if it has nursery-school fire documentation.⁠⁶

Multiple buildings. Several buildings can operate under one license only if they work as one integrated center. That means close proximity (across the street or on one campus), an intercom connection, one director, one ownership and shared policies.⁠⁷

Operating without a license is a misdemeanor on conviction, with a fine of up to $1,500 for a first violation and $2,500 after that. Separately, operating or advertising without a license, or breaking a regulation, carries a civil penalty of up to $1,000 per violation, with each day counted separately, capped at $5,000 per civil action.⁠¹⁴ Any advertisement must say the center is licensed and give its license number.⁠³⁠⁷

Orientation and medication training before you apply

MSDE sets two orientation requirements:

1. Online orientation

   It takes about an hour. MSDE says completing it “is mandatory before you can submit a licensing application.”⁠²²

2. Face-to-face orientation

   You attend a second session at your Regional Licensing Office. The online preview does not replace it.⁠¹⁷⁠¹⁵

There are 13 regions. Most cover a single county or Baltimore City; the Western Maryland, Upper Shore, Lower Shore, Southern Tri-County and North Central regions each cover several counties.⁠¹⁷ Your region also issues the authorization number that must appear on every fingerprint-based background check request.⁠¹⁷

MSDE lists Medication Administration Training as a pre-service requirement for anyone seeking a Child Care Center License. It is a 6-hour classroom course taught by Maryland registered nurses approved by OCC’s nurse consultant. You get the certificate after passing content and skills tests.⁠¹⁶ Once you are open, at least one employee with this training must be present whenever children are in care. Only trained employees may give medication, unless you employ a nurse or certified medication technician or use nurse delegation.⁠¹³

The application packet and its order

COMAR 13A.16.02.02 sets the sequence for a first license.⁠⁶ MSDE’s centers page lists the same items as the packet you submit.⁠¹⁵

1. Orientation. Complete the OCC-approved orientation described above.⁠⁶
2. Notice of intent. File it with OCC before you apply for building, zoning or occupancy permits.⁠⁶
3. Application, 60 days ahead. Submit the signed OCC application form at least 60 days before your proposed opening date. The form includes a statement of truthfulness and a commitment to follow COMAR 13A.16. Give the applicant’s Social Security number, or an ITIN if there is none.⁠⁶
4. Background checks. Start federal and State criminal background checks for the director, each employee (including substitutes and volunteers), each person 18 or older living on the premises, and the applicant if the applicant will have frequent contact with children.⁠⁶ Anyone subject to those checks who lives or has lived in another state within the 5 years before applying must also apply for that state’s criminal check and ask that state to send the result directly to OCC.⁠⁶ Checks are processed electronically by the Maryland Criminal Justice Information System (CJIS).⁠¹⁵⁠¹⁷
5. Supporting documents before opening. Submit any of the following you did not include with the form:⁠⁶⁠¹⁵
   • Notarized permission to search child and adult abuse and neglect records for the director, staff, adult residents and the applicant, and for any trustees, managers or board members who may have contact with children
   • Evidence of zoning and building code compliance
   • Site plans, and floor plans with architectural details
   • A written plan of operation
   • Workers’ compensation insurance information
   • A fire evacuation plan
   • A personnel list and a staffing pattern on OCC forms that names who covers each group
   • A 4-week menu
   • A written child discipline policy
   • Proof of an on-site inspection and approval by the local fire authority
   • Building use and occupancy permits
6. OCC inspection and decision. Once the application is complete, OCC reviews the documents and inspects the facility. Within 30 days it issues a license, issues one with provisional status, or denies it.⁠⁶

MSDE’s centers page links to a PDF application packet. The link returned “not found” on 2026-10-12 while MSDE was updating its website, so get the current forms from your Regional Licensing Office or through the Child Care Provider Portal.⁠¹⁵⁠¹⁶

The building: space, plumbing and play area

OCC sets each center’s capacity. It counts floor space, outdoor space, staffing, equipment, the ages served and sanitary fixtures, and applies zoning, building and fire codes.⁠⁸ The center must comply with every applicable State and local code: zoning, building, plumbing, gas, electrical, sewage, drinking water, environmental, health and fire.⁠⁹ An access road must let emergency vehicles reach the building while children are there.⁠⁹

Centers that serve infants or toddlers also need a space for breastfeeding or expressing milk that is not in a bathroom and has an outlet, seating and running water.⁠⁹ Lead paint is banned. In a building constructed before 1978 that is not certified lead free, paint may not be chipping or deteriorated, and if paint deteriorates or renovation disturbs a painted surface you must have a lead dust test done by an accredited inspector or risk assessor and get a passing result.⁠⁹ Any pool on the premises needs a fence at least 4 feet high, a self-closing and self-latching gate, a lock, and alarms in the pool and on the access door. Children may not use above-ground or inflatable pools.⁠⁹ In centers with more than two child care rooms, staff must be able to call for help from another room without leaving their group.⁠⁹

Director qualifications grow with enrollment

Every director must:⁠¹⁰

• Be at least 21.
• Hold a high school diploma or equivalency, or have two college credit courses.
• Have 9 clock hours of training in communicating with staff, parents and the public.
• Have 3 semester hours of administrative training. Directors of school-age-only centers are exempt.
• Have 3 clock hours of training on the Americans with Disabilities Act.
• Have 90 clock hours (or 6 semester hours) of approved preservice training, or a Child Development Associate (CDA) credential.
• Complete basic health and safety training within 90 days of being hired.
• Complete OCC’s regulation training within 6 months of being hired.
• Be at the center at least half of its operating hours each week.

Experience and education requirements then depend on the center’s size and type.

A teacher certified for early childhood education (nursery school through grade 3) by Maryland or another state, or approved by MSDE for it plus 6 semester hours in early childhood education, qualifies to direct a preschool center of any size if the person also has 1 year of preschool experience.⁠¹⁰ A school-age director can run a combined center only if it has no infants or toddlers and no more than five children younger than kindergarten age.⁠¹⁰ Directors and teachers must complete 12 clock hours of continued training a year, at least 6 of them in the core of knowledge. Directors must also document that every staff member finishes the annual health and safety training.⁠¹⁰ Each year you send OCC documentation that continued training is complete.⁠⁶

Teachers, aides and the 18-versus-19 rule

COMAR requires a preschool child care teacher to:⁠¹⁰

• Be 19 or older.
• Hold a high school diploma or equivalency.
• Have 90 clock hours of preservice training or a CDA.
• Have 3 hours of ADA training and 9 hours of communication training.
• Complete health and safety training within 90 days of hire.
• Have either 1 year of supervised experience with preschoolers or 1 year of college.

A teacher who leads an infant or toddler group needs 3 semester hours of infant-toddler training and breastfeeding-support training.⁠¹⁰

The statute now differs from the regulation. Chapter 37 of 2024 (HB 662) took effect July 1, 2024. It requires MSDE to set the minimum age for a child care teacher in a center at 18 or older, and says no one may be turned away “solely for being 18 years old.”⁠²⁠¹⁸ COMAR 13A.16.06.09, as published on 2026-10-12, still says 19. The sources reviewed do not say whether OCC applies the statutory age of 18 to center teachers before COMAR is amended, so ask your Regional Licensing Office in writing before you hire an 18-year-old lead teacher.

First-time teachers with a degree can work on probation for up to 6 months with children 3 and older. COMAR requires the person to be 19 or older (the age rule above) and enrolled in the ADA and health and safety training.⁠¹⁰ The statute sets the degree routes. An applicant with an associate or bachelor’s degree in early childhood or elementary education, child development, home economics, nursing, social work, special education or a related field approved by MSDE can be hired while enrolled and must finish the 90 hours within 6 months. An applicant with a degree in another field must have at least 45 hours done when hired. If the training is not finished at 6 months, you must end the teaching assignment or move the person to a non-teaching job.⁠²

Other staff roles have their own minimums:⁠¹⁰

• Aides must be at least 16 and work under direct supervision.
• School-age assistant teachers must be 18 and have between 400 and 800 hours of experience, depending on their coursework.
• Substitutes must be 18 (16 for substitute aides). A substitute covering more than two continuous weeks must be qualified for the absent person’s job.

Every staff member needs a medical evaluation, completed within 6 months before starting work, which is renewed every 5 years.⁠¹⁰

Ratios and group sizes

Ages are defined precisely. An infant is 6 weeks to under 18 months, and a toddler is 18 months to under 2 years. You may not admit a baby younger than 6 weeks.⁠⁵⁠⁸ A child’s age for ratio purposes is the age at their most recent birthday.⁠¹¹

Mixed-age groups follow separate staffing tables. A mixed preschool group may not exceed 20 children. Once the group reaches 13 to 20 children, it may include no more than six 2-year-olds. A group of 9 with four or more toddlers needs 3 staff members.⁠¹¹ During a school day in an MSDE-approved educational program (a nursery school), 3- and 4-year-olds may be grouped at 1:12, up to 24 children.⁠¹¹

Several staffing rules apply on top of the ratios:

• One-staff coverage. If only one staff member is needed and the children present are under 2, a second background-checked adult must be on site. If the children are 2 or older, you need a written, signed and dated agreement with a checked adult who can be at the center within 15 minutes of notification.⁠¹¹
• First aid and CPR. At least one director or teacher with current first aid and CPR must be present at all times. A center licensed for more than 20 children needs one certified staff member for every 20 children present.⁠¹²
• Transportation. If you transport more than eight preschoolers as a group, a background-checked adult other than the driver must ride along.⁠¹¹
• Long days. A child may stay longer than 14 hours in a 24-hour period only with OCC’s advance approval.⁠⁸

Background checks and who can work

COMAR permanently bars anyone with a conviction, probation before judgment, not-criminally-responsible finding or pending charge for a listed offense. Listed offenses include crimes involving a child, sex offenses, violent felonies, child or adult abuse, domestic violence, weapons offenses, animal cruelty, perjury and pornography. Drug manufacturing or distribution offenses count only if they occurred within the last 5 years.⁠¹⁰ For other offenses, OCC decides suitability case by case. A person who is turned down can ask for one reassessment every 12 months or appeal to the Office of Administrative Hearings.⁠¹⁰

No employee, substitute or volunteer may be assigned to a group, or have access to children, until they pass the abuse and neglect clearance and a federal or State criminal check. They may not be alone with children until every check is back.⁠⁶ Background checks also limit when you can open: OCC will not issue the initial license until enough staff to meet the ratios for your requested capacity have cleared.⁠⁶ Provisional status is not a workaround, because it cannot be granted before those checks are in.⁠⁶ Once open, you notify OCC in writing within 5 working days of each new hire (with background check proof and a notarized release) and each departure.⁠⁷

Provisional status, inspections and the continuing license

If you meet most requirements and children are not in danger, OCC can grant a provisional license for up to 120 days. It can extend provisional status for delays beyond your control, but never past 24 months in total.⁠⁶ If OCC denies the license at the end of the provisional period, you must stop operating.⁠⁶

Before the initial license expires, you request a continuing license and resubmit abuse and neglect permissions. OCC will not approve it until the center passes a local fire safety inspection.⁠⁶ After that, you report on a fixed schedule:⁠⁶

• Every 12 months: documentation that staff completed their continued training.
• Every 24 months: new abuse and neglect permissions.

OCC inspects with notice before issuing an initial or continuing license. After that, it makes unannounced inspections at least once every 12 months.⁠⁴⁠¹⁴ Inspection findings since January 2011 are public on CheckCCMD.org.⁠¹⁷

You need written approval from OCC before you change:⁠⁷

• Rooms used for care
• Capacity
• Hours
• Age groups served
• Food service (if you are adding it)

Within 24 hours you must report to OCC a child’s death at the center, or an injury that needs medical treatment or a hospital admission.⁠⁷ Variance requests get an answer within 30 calendar days. A regional denial can be appealed to OCC’s central office.⁠⁷ Enforcement options include written warnings, intermediate sanctions (for example, limiting enrollment), suspension for up to 60 days with 20 days’ notice, emergency suspension and revocation.⁠¹⁴

Emergency, food, smoking and early-intervention rules

Four operating rules also shape your plans before you open:

• Emergency plan. At least one employee must complete OCC-approved emergency preparedness training and use it to write the center’s emergency and disaster plan. Practice fire evacuation monthly and other emergencies twice a year, update the plan every year, and post an escape-route floor plan in every room.⁠¹²
• Food. Meals and snacks you provide must follow USDA Child and Adult Care Food Program guidelines. Drinks may not have added sweeteners or caffeine, and children 2 and older get 1% or nonfat milk.⁠²⁰
• Smoking and substances. During operating hours, if an enrolled child is or will be on the premises, no one may smoke or vape, or allow smoking or vaping, in any indoor or outdoor area approved for child care. No one may drink alcohol during approved hours or be under the influence of alcohol, cannabis or illegal drugs at the center, and alcohol, tobacco and cannabis must be out of children’s reach. These rules were amended effective February 5, 2024.⁠¹³
• Infants and Toddlers Program. Since March 17, 2025, you must keep documentation that the parents of every child under 3 received information about the Maryland Infants and Toddlers Program, and contact details for the local lead agency, at least once each calendar year; email or text is allowed.⁠⁷ You must also help parents schedule a screening with that agency if they ask.⁠²³

Costs, as published on 2026-10-12

Neither the statute, COMAR 13A.16.02 nor MSDE’s centers page lists an OCC license or application fee. None of the sources reviewed sets an application or license fee, so ask your Regional Licensing Office to confirm in writing that none applies when you submit. The costs MSDE does name are:⁠¹⁵

• Fingerprinting. CJIS charges a fee for each background check, and MSDE says the amount “varies in different parts of the state.”
• Inspections. OCC charges nothing for its inspections, but local fire, health and other agencies may charge for theirs.

Scholarships, EXCELS and public pre-K

MSDE runs three programs that affect how centers get paid.⁠¹⁵

• Child Care Scholarship Program. It still has a waitlist because demand exceeds funding. Since July 1, 2026, MSDE has been awarding scholarships to a small number of waitlisted families, and families experiencing homelessness are now eligible.
• Child and Adult Care Food Program. Participating centers can be reimbursed for food costs.
• Maryland EXCELS. This is the state’s quality rating system.

EXCELS ratings matter for public pre-K. Under the Blueprint for Maryland’s Future, a private provider that wants to offer publicly funded prekindergarten must:⁠¹⁹

• Reach EXCELS level 3 and publish the rating.
• Submit a plan to reach level 5, and reach it within 5 years.
• Keep ratios at 10:1, with at most 20 children per class, when all children are under 5.
• Not hold explicitly religious activities during school hours.
• Not suspend or expel pre-K children, except as § 7-305.1 allows.

From the 2025-2026 school year, private-provider pre-K educators must meet the early childhood educator career ladder.⁠¹⁹

Sources

1. 1
   Maryland General Assembly, Education Article §9.5-401, definitions (child care centers) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Maryland General Assembly, Education Article §9.5-404, regulations for child care centers Checked 12 Oct 2026 · Back to text ↑
3. 3
   Maryland General Assembly, Education Article §9.5-405, license required; exemptions; advertising Checked 12 Oct 2026 · Back to text ↑
4. 4
   Maryland General Assembly, Education Article §9.5-409, term of license; inspections Checked 12 Oct 2026 · Back to text ↑
5. 5
   Code of Maryland Regulations, COMAR 13A.16.01, Scope and Definitions Checked 12 Oct 2026 · Back to text ↑
6. 6
   Code of Maryland Regulations, COMAR 13A.16.02, License Application and Maintenance Checked 12 Oct 2026 · Back to text ↑
7. 7
   Code of Maryland Regulations, COMAR 13A.16.03, Management and Administration Checked 12 Oct 2026 · Back to text ↑
8. 8
   Code of Maryland Regulations, COMAR 13A.16.04, Operational Requirements Checked 12 Oct 2026 · Back to text ↑
9. 9
   Code of Maryland Regulations, COMAR 13A.16.05, Physical Plant and Equipment Checked 12 Oct 2026 · Back to text ↑
10. 10
    Code of Maryland Regulations, COMAR 13A.16.06, Staff Requirements Checked 12 Oct 2026 · Back to text ↑
11. 11
    Code of Maryland Regulations, COMAR 13A.16.08, Child Supervision Checked 12 Oct 2026 · Back to text ↑
12. 12
    Code of Maryland Regulations, COMAR 13A.16.10, Safety Checked 12 Oct 2026 · Back to text ↑
13. 13
    Code of Maryland Regulations, COMAR 13A.16.11, Health Checked 12 Oct 2026 · Back to text ↑
14. 14
    Code of Maryland Regulations, COMAR 13A.16.17, Inspections, Complaints, and Enforcement Checked 12 Oct 2026 · Back to text ↑
15. 15
    Maryland State Department of Education, Office of Child Care, Child Care Centers Checked 12 Oct 2026 · Back to text ↑
16. 16
    Maryland State Department of Education, Office of Child Care, Licensing Checked 12 Oct 2026 · Back to text ↑
17. 17
    Maryland State Department of Education, Office of Child Care, Regional Licensing Offices Checked 12 Oct 2026 · Back to text ↑
18. 18
    Maryland General Assembly, Chapter 37 of 2024 (HB 662), Child Care Teachers - Minimum Age Checked 12 Oct 2026 · Back to text ↑
19. 19
    Maryland General Assembly, Education Article §7-1A-04, prekindergarten provider requirements Checked 12 Oct 2026 · Back to text ↑
20. 20
    Code of Maryland Regulations, COMAR 13A.16.12, Nutrition Checked 12 Oct 2026 · Back to text ↑
21. 21
    Maryland General Assembly, Education Article §9.5-408, scope of license; changes Checked 12 Oct 2026 · Back to text ↑
22. 22
    Maryland State Department of Education, Office of Child Care, Child Care Center Orientation Checked 12 Oct 2026 · Back to text ↑
23. 23
    Code of Maryland Regulations, COMAR 13A.16.09, Program Requirements Checked 12 Oct 2026 · Back to text ↑

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