Sec. 14.31.06.02. Scope

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) Alternative living units;

(2) Group homes;

(3) Nonpublic residential educational facilities;

(4) MDH/Community Mental Health Programs/Residential Crisis Services;

(5) State-operated residential educational facilities; and

(6) Therapeutic group homes.

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.

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

(1) A parent or guardian of the child;

(2) An individual related to the child by blood or marriage within five degrees of consanguinity or affinity under the civil law rule.

(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) 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) A youth camp subject to certification by the Maryland Department of Health;

(6) A facility subject to the certificate of need process under State law;

(7) A nonpublic residential school that is not approved to serve students with disabilities under COMAR 13A.05.02.12;

(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) A homeless shelter.

D. Special Licensing and Monitoring Requirements.

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

(a) State-operated residential educational facilities;

(b) Secure care programs;

(c) Wilderness programs;

(d) Programs for medically fragile children;

(e) Programs for children with developmental disabilities;

(f) Shelter care programs;

(g) Programs for adolescent girls who are pregnant;

(h) Mother-baby programs;

(i) Therapeutic group homes;

(j) MDH Community Mental Health Programs/Residential Crisis Services; and

(k) MDH Community Mental Health Programs/Residential Respite Care Services.

(2) Special licensing and monitoring requirements for the programs listed in §D(1) of this regulation appear in COMAR 14.31.07.