.03 Child Capacity.

A. The number of children present in care at any one time may not exceed the child capacity number stated on the certificate of registration.

B. Care may not be provided at any one time to more than two children younger than 2 years old unless approved by the office.

C. Whenever more than two children younger than 2 years old are present in care, an additional adult shall be present who has met the applicable requirements of COMAR 13A.15.06.04.

D. The maximum total capacity of a family child care home may not exceed eight children, of whom not more than four may be younger than 2 years old.

E. The office:

(1) Shall count as a child in care a resident who is younger than 6 years old; and

(2) May count as a child in care a child who is visiting the home if the child:

(a) Is younger than 8 years old and unaccompanied by an adult; or

(b) Cannot be sent home immediately.