1. A. This chapter applies to residential child care programs licensed by the Department of Human Services, the Maryland Department of Health, and the Department of Juvenile Services, including the following programs for children:

   1. (1) Alternative living units;
   2. (2) Emergency shelter placement;
   3. (3) Group homes;
   4. (4) Mother-infant programs;
   5. (5) Nonpublic residential educational facilities;
   6. (6) Programs for medically fragile children;
   7. (7) Programs for pregnant adolescents;
   8. (8) Psychiatric respite care;
   9. (9) Residential crisis services;
   10. (10) State-operated residential educational facilities;
   11. (11) Secure care;
   12. (12) Therapeutic group homes; and
   13. (13) Wilderness programs.
2. B. Except as set forth in §C of this regulation, a person shall be licensed under this chapter and COMAR 14.31.06 and 14.31.07 before operating a private residential child care program.

3. C. This chapter does not apply to the care of children by:

   1. (1) A parent or guardian of the child;
   2. (2) An individual related to the child by blood or marriage within four degrees of consanguinity or affinity under the civil law rule;

   3. (3) An individual who:

      1. (a) Exercises temporary care, custody, or control over the child at the request of a parent or guardian of the child; and
      2. (b) Who is not otherwise required to be licensed;
   4. (4) An individual with whom the child is placed in individual family care or foster care by a licensed child placement agency, a court of competent jurisdiction, or agency as defined by Regulation .03 of this chapter, and who is otherwise required to be licensed;
   5. (5) A youth camp subject to certification by the Maryland Department of Health;
   6. (6) A facility subject to the Certificate of Need process under State law;
   7. (7) A nonpublic residential school that is not approved to serve students with disabilities under COMAR 13A.05.02.12;
   8. (8) A facility listed in Article 83C, §2-117, Annotated Code of Maryland; or
   9. (9) A residential facility operated by the Department of Juvenile Services.

4. D. Special Licensing and Monitoring Requirements.

   1. (1) Special licensing and monitoring requirements which differ from or supplement the requirements of this chapter are applicable to the following:

      1. (a) Nonpublic residential educational facilities;
      2. (b) Secure care programs;
      3. (c) Wilderness programs;
      4. (d) Programs for medically fragile children;
      5. (e) Programs for children with developmental disabilities;
      6. (f) Shelter care programs;
      7. (g) Programs for pregnant adolescents; and
      8. (h) Mother-infant programs.
   2. (2) Special licensing and monitoring requirements for the programs listed in §D(1) of this regulation appear in COMAR 14.31.07.

Authority: Education Article, §§8-301—8-303 and 8-401—8-417; Family Law Article, §§5-506, 5-508—5-510;
Health-General Article, §§2-104, 7-904, 8-404, 10-922, and 10-924; Health Occupations Article, §20-302;
Human Services Article, §§2-209, 2-212, 9-203, 9-204, 9-221, 9-231, 9-234, and 9-235; Annotated Code of Maryland

Effective date: November 22, 2004 (31:23 Md. R. 1651)

COMAR 01.04.06 revised and recodified to COMAR 14.31.05 as an emergency provision effective June 30, 2005 (32:15 Md. R. 1314); revised and recodified permanently effective November 24, 2005 (32:23 Md. R. 1828)

Regulation .08A, B amended effective August 4, 2014 (41:15 Md. R. 892)

Regulation .09A amended effective August 4, 2014 (41:15 Md. R. 892)