Assistance of other departments; duties of Department; duties of Department of General Services; use of space for other purposes; priority of children of State employees; periodic assessment of needs; closure

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    (a)    The Maryland Department of Health and the Department of General Services shall cooperate with and assist the Department in carrying out the purposes of this subtitle.

    (b)    The Department shall:

        (1)    Provide the guidance and means for establishing child care centers for the children of State employees in State–occupied buildings or nearby buildings in accordance with this subtitle;

        (2)    Provide for licensing of child care centers for children of State employees;

        (3)    Ensure that space designated within a State–occupied building or nearby buildings for a child care center complies with the prevailing local and State safety building codes for child care centers;

        (4)    Apply the regulations adopted under Subtitle 4 of this title for child care centers; and

        (5)    Contract for child care services in the space provided. Contract providers must provide proof of financial responsibility.

    (c)    (1)    The Department of General Services shall:

            (i)    Construct or acquire the required space to be used by the child care center, which space shall be submetered for utilities and the costs of which shall be paid by the child care center; and

            (ii)    Inspect the facility monthly and inform child care center personnel of maintenance deficiencies to be corrected by the child care center.

        (2)    If any deficiencies under paragraph (1)(ii) of this subsection are not corrected within a reasonable time, the Department of General Services shall notify the Department which will exact compliance in accordance with the terms of the child care center contract.

        (3)    The child care center shall pay for any costs of operation of the child care center.

    (d)    Space originally set aside for a child care center may be used for other purposes if:

        (1)    The building has been fully occupied for 180 days; and

        (2)    An application to operate a child care center has not been filed under Subtitle 4 of this title.

    (e)    Children of State employees shall have priority over other children in admission to a child care center in a State–occupied building or nearby buildings.

    (f)    (1)    After a child care center for children of State employees has been established, the Department shall assess the child care needs of the State employees using the center at least every 5 years.

        (2)    If the assessment demonstrates that the service is no longer needed or feasible, the State Superintendent may close the center.

        (3)    The State Superintendent shall give the child care center 90 days’ written notice of closure.


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