Family Child Care Providers - Reserve Component Members - Substitute Provider, the official text

WES MOORE, Governor                                 Ch. 732

Chapter 732

                   (House Bill 430)

AN ACT concerning

Family Child Care Providers – National Guard and Military Reserves Reserve
                           Component Members – Substitute Provider

FOR the purpose of requiring a family child care provider who is a member of the National
         Guard or military reserves a reserve component to designate a substitute to provide
         family child care under certain circumstances for not more than a certain amount of
         time each year; and generally relating to family child care providers.

BY repealing and reenacting, without amendments,
         Article – Education
         Section 9.5–301(a), (b), (e), and (f)
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Education
         Section 9.5–305.1
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Education

9.5–301.

(a) In this subtitle the following words have the meanings indicated.

         (b) “Child care provider” means the adult who has primary responsibility for the
operation of a family child care home or a large family child care home.

         (e) “Family child care home” means a residence in which family child care is
provided for up to eight children.

         (f) “Family child care provider” means an individual who cares for children in a
registered family child care home or a registered large family child care home.

9.5–305.1.

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Ch. 732  2026 LAWS OF MARYLAND

        (A) IN THIS SECTION, “MILITARY RESERVES” MEANS THE U.S. ARMY
RESERVE, U.S. NAVY RESERVE, AIR FORCE RESERVE COMMAND, U.S. MARINE
CORPS RESERVE, OR U.S. COAST GUARD RESERVE.

        (B) THIS SECTION APPLIES ONLY TO A FAMILY CHILD CARE PROVIDER WHO
IS A MEMBER OF THE NATIONAL GUARD OR MILITARY RESERVES A RESERVE
COMPONENT.

(C) (B)  A FAMILY CHILD CARE PROVIDER SHALL DESIGNATE A

SUBSTITUTE TO PROVIDE FAMILY CHILD CARE DURING THE FAMILY CHILD CARE

PROVIDER’S ABSENCE FOR REQUIRED TRAINING AND ACTIVE SERVICE IN THE

NATIONAL GUARD OR MILITARY RESERVES A RESERVE COMPONENT.

(D) (C)  A FAMILY CARE PROVIDER UNDER SUBSECTION (C) (B) OF THIS

SECTION MAY USE THE DESIGNATED SUBSTITUTE TO PROVIDE FAMILY CHILD CARE

DURING THE FAMILY CHILD CARE PROVIDER’S ABSENCE FOR NOT MORE THAN 45

WORKING DAYS IN ANY 12–MONTH PERIOD.

        (D) THIS SECTION MAY NOT BE CONSTRUED TO OTHERWISE LIMIT THE
AUTHORITY OF THE DEPARTMENT TO ESTABLISH REQUIREMENTS FOR:

                (1) A FAMILY CHILD CARE PROVIDER TO DESIGNATE A SUBSTITUTE
TO PROVIDE FAMILY CHILD CARE IN THE FAMILY CHILD CARE PROVIDER’S ABSENCE;

AND

         (2) THE QUALIFICATIONS NECESSARY TO SERVE AS A SUBSTITUTE.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.

Approved by the Governor, May 26, 2026.

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