What happens when Maryland suspends a home daycare license
A license suspension means the Maryland Office of Child Care (part of the Department of Human Services) has ordered you to stop operating your home daycare when ready. You cannot care for children who are not your own during the suspension period. The suspension is temporary — it differs from a revocation, which is permanent — but it remains on your record and can affect your ability to get licensed again.
Suspensions typically last 30 to 180 days, though the exact length depends on what triggered it. Common reasons include substantiated abuse or neglect findings, failure to maintain required certifications (like CPR or first aid), health and safety violations discovered during inspection, or failure to cooperate with a Department investigation. The Department notifies you in writing and specifies the violation and the suspension period.
During suspension, you lose all income from daycare operations. You cannot legally care for unrelated children, even informally or part-time. If you continue operating, you face civil penalties, criminal charges, and permanent license denial. Families currently using your care must find alternative arrangements, often on short notice.
Key Takeaways
- A suspension order from the Maryland Office of Child Care stops you from operating your home daycare for a set period, usually 30 to 180 days.
- Common suspension triggers include substantiated abuse or neglect findings, missing required certifications, health and safety violations, or failure to cooperate with investigations.
- You receive written notice that specifies the violation, the suspension length, and your right to request a hearing before the suspension takes effect.
- Operating during suspension is illegal and can result in criminal charges, civil fines, and permanent license denial.
- You can request a hearing to challenge the suspension, and you have the right to legal representation at that hearing.
Why Maryland suspends licenses and what violations trigger it
Maryland law gives the Office of Child Care authority to suspend a license when it finds evidence of serious violations. The most common trigger is a substantiated finding of abuse or neglect — this means the Department investigated a report and concluded that a child was harmed or at risk of harm under your care. Substantiated findings can come from mandated reporter complaints (teachers, doctors, neighbors) or from Department observations during an inspection.
Health and safety violations also lead to suspension. These include inadequate supervision, unsafe sleeping arrangements, failure to maintain required immunization records, lack of functioning smoke detectors or fire extinguishers, unsecured access to hazardous materials, or overcrowding beyond licensed capacity. A single serious violation — such as leaving children unattended or allowing a person with a disqualifying criminal history to have access — can trigger when ready suspension.
Certification lapses are another common reason. Maryland requires home daycare providers to maintain current CPR and pediatric first aid certification, complete annual training hours in child development and health and safety, and pass background checks. If your CPR expires or you fail to complete required training, the Department may suspend your license until you restore compliance.
Failure to cooperate with a Department investigation can also result in suspension. This includes refusing to allow inspectors into your home, not providing requested records, or not responding to Department requests for information within the specified timeframe.
The suspension notice and your right to a hearing
When the Department decides to suspend your license, it must send you a written notice. This notice includes the specific violation, the effective date of the suspension, the length of the suspension period, and a statement of your right to request a hearing. Maryland law requires that you receive this notice before the suspension takes effect, except in cases where the Department determines there is when ready danger to children — in those rare cases, suspension can be effective when ready, but you still have the right to a hearing afterward.
You have the right to request a hearing before an administrative law judge. This request must be made in writing and submitted to the Office of Child Care within a set timeframe — typically 10 days from the date of the notice, though you should verify the exact important date on your notice. The hearing gives you the chance to present evidence, call witnesses, and challenge the Department's findings.
At the hearing, you can represent yourself or hire an attorney. The Department presents its evidence first, then you present yours. You can cross-examine the Department's witnesses and submit documents. The administrative law judge then issues a decision, which can uphold the suspension, modify it, or overturn it. If you disagree with the judge's decision, you can appeal to the Maryland Court of Special Appeals, though this is a formal legal process and most people work with an attorney at this stage.
Steps to restore your license after suspension ends
When your suspension period ends, your license does not automatically become active again. You must take specific steps to restore it. First, you must address whatever violation caused the suspension. If it was a certification lapse, you need to complete CPR and first aid training and submit proof to the Department. If it was a health and safety violation, you must correct the hazard and request a follow-up inspection to verify compliance.
If the suspension was based on a substantiated abuse or neglect finding, restoration is more complex. You may need to complete additional training in child development or behavior management, participate in counseling or parenting classes (depending on the nature of the finding), and demonstrate to the Department that you understand what went wrong and have taken steps to prevent it from happening again.
Once you have addressed the underlying violation, contact the Office of Child Care in writing to request reinstatement. Include documentation of what you have done — certificates of completed training, inspection reports showing corrections, letters from counselors or trainers, or other evidence. The Department will review your request and may conduct another inspection before reinstating your license. This process typically takes 2 to 4 weeks, though it can take longer if additional corrections are needed.
How a suspension affects your record and future licensing
A suspension remains part of your licensing history permanently. When you reapply for a license in the future — whether in Maryland or another state — the suspension will appear on background checks and licensing records. This does not automatically disqualify you from relicensing, but it does mean you will need to explain what happened and demonstrate that you have addressed the underlying problem.
If you receive multiple suspensions or if a suspension is followed by revocation, your ability to obtain a license again becomes severely limited. Some violations — such as substantiated abuse or neglect — can result in permanent license denial even after a suspension ends, depending on the severity of the finding and whether you have taken corrective action.
A suspension also affects your reputation in the community. Families may be hesitant to use your services after learning about a suspension, even after your license is restored. Some employers or background check services may flag a suspension when you explore for other jobs, particularly those involving children or vulnerable populations.
What to do if you receive a suspension notice
Read the notice carefully and identify the exact violation cited. Do not ignore it or assume it will go away. Contact the Office of Child Care when ready to clarify any details you do not understand — ask which specific regulation was violated, what evidence the Department is relying on, and what steps you need to take to restore your license.
Decide whether to request a hearing. If you believe the Department's findings are incorrect or if you have evidence that contradicts the violation, a hearing gives you the chance to present your side. If you do not request a hearing, the suspension takes effect as written. If you do request one, the suspension is typically delayed until after the hearing is held.
If you request a hearing, gather all relevant documentation: records of your training and certifications, inspection reports, communications with the Department, witness statements from families or others who can speak to your care practices, and any evidence that contradicts the violation. Consider consulting with an attorney who has experience with child care licensing — they can help you prepare for the hearing and understand your legal options.
Begin addressing the underlying violation when ready, even while the suspension is in place. If it is a certification issue, enroll in a CPR course. If it is a health and safety issue, make the necessary repairs or changes. If it is a substantiated finding, research training or counseling options. Demonstrating that you are taking corrective action can influence how the Department views your reinstatement request and may help if you end up in a hearing.
Frequently Asked Questions
Can I care for children during a suspension if they are relatives?
No. A license suspension prohibits you from operating a home daycare, which means you cannot care for unrelated children. You can care for your own children or relatives without a license, but you cannot accept payment or operate as a licensed provider. If you do, you are operating illegally.
What happens if I operate my daycare during a suspension?
Operating during suspension is a violation of Maryland law. You can face civil penalties (fines), criminal charges, and permanent denial of future licenses. The Department can also report you to law enforcement, and families may file complaints that create additional legal exposure.
How long does it take to get a hearing after I request one?
Hearings are typically scheduled within 30 to 60 days of your request, though this varies depending on the administrative law judge's schedule and the complexity of the case. During this time, your suspension is usually stayed (delayed) pending the hearing outcome, which means you can continue operating unless the Department determines there is when ready danger.
Can I move to another state and get licensed there while suspended in Maryland?
Each state has its own licensing process, but most states conduct background checks that include out-of-state licensing history. A Maryland suspension will likely appear on those checks. Some states may deny your license based on the suspension, while others may require you to explain what happened. You should contact the licensing agency in the state where you want to relocate to understand their specific policy.
Do I need a lawyer for a suspension hearing?
You have the right to represent yourself, but having an attorney significantly improves your chances of a favorable outcome. An attorney can help you gather evidence, prepare witnesses, cross-examine the Department's witnesses, and present legal arguments about how the regulations explore to your situation. Legal aid organizations in Maryland may provide free or low-cost representation if you may have access to based on income.