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

   1. (1) Alternative living units;
   2. (2) Group homes;
   3. (3) Nonpublic residential educational facilities;
   4. (4) MDH/Community Mental Health Programs/Residential Crisis Services;
   5. (5) State-operated residential educational facilities; and
   6. (6) Therapeutic group homes.
2. B. Except as set forth in §C of this regulation, a person or entity shall be licensed under these regulations before operating a nonpublic 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 five degrees of consanguinity or affinity under the civil law rule.
   3. (3) An individual who exercises temporary care, custody, or control over the child at the request of a parent or guardian of the child and 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 Human Services Article, §9-226, Annotated Code of Maryland, or a residential facility operated by the Department of Juvenile Services; or
   9. (9) A homeless shelter.

4. D. Special Licensing and Monitoring Requirements.

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

      1. (a) State-operated 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 adolescent girls who are pregnant;
      8. (h) Mother-baby programs;
      9. (i) Therapeutic group homes;
      10. (j) MDH Community Mental Health Programs/Residential Crisis Services; and
      11. (k) MDH Community Mental Health Programs/Residential Respite Care Services.
   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 01.04.07 revised and recodified to COMAR 14.31.06 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 .02 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .03B amended effective May 19, 2008 (35:10 Md. R. 973); June 10, 2013 (40:11 Md. R. 975)

Regulation .04 amended effective May 19, 2008 (35:10 Md. R. 973); June 10, 2013 (40:11 Md. R. 975)

Regulation .05E amended effective April 13, 2015 (42:7 Md. R. 571)

Regulation .06 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .06A amended effective May 19, 2008 (35:10 Md. R. 973)

Regulation .07 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .08 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .09 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .09A amended effective May 19, 2008 (35:10 Md. R. 973)

Regulation .10 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .11B amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .12 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .13 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .14 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .15 repealed and new Regulation .15 adopted effective May 19, 2008 (35:10 Md. R. 973)

Regulation .15 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .16 amended effective June 10, 2013 (40:11 Md. R. 975)

Regulation .17 amended effective August 4, 2014 (41:15 Md. R. 892)

Regulation .18 amended effective June 10, 2013 (40:11 Md. R. 975); August 4, 2014 (41:15 Md. R. 892)

Regulation .18A amended effective May 19, 2008 (35:10 Md. R. 973)

Regulation .19 amended effective June 10, 2013 (40:11 Md. R. 975)