During the Maryland Board of Education's virtual public hearing on November 30, 2023, significant concerns were raised regarding proposed legislation affecting family childcare homes, particularly around substance use in the presence of children.

A key point of contention involved the language in Chapter 11, which states that if a resident of a family childcare home smokes or vapes any substance, they must notify parents in advance. Several board members expressed confusion and concern over this requirement, arguing that it contradicts previous agreements that prohibited any substance use on the premises while children are in care. One member highlighted the inconsistency, stating, "Providers' children should not be subjected to anyone using any kind of substance while they're in somebody's care."

The discussion also touched on the vagueness of terms like "immediate presence," which some members felt could lead to misinterpretation and potential risks for children. The need for clearer language was emphasized, with suggestions for more explicit definitions to ensure that parents and providers understand the regulations fully.

Additionally, the board acknowledged the complexity of the issue, noting that some childcare providers may consume substances in their personal residences when children are not present. This aspect raised questions about the balance between personal rights and the safety of children in care.

As the meeting progressed, it became clear that further clarification and revisions to the legislation are necessary before it can be adopted. The board members agreed on the importance of ensuring that all regulations prioritize the safety and well-being of children in childcare settings. The discussions will likely lead to additional revisions aimed at addressing these concerns, ensuring that the final legislation aligns with the board's commitment to child safety.