SPIRO T. AGNEW, Governor                      1413

court's consent to such placement pending final action by the court
on petition.

(c) Any entity, and any person not related by blood or marriage
to a minor, exercising care, custody or control in the nature of a
parent or guardian, for one or more minors, prior to the exercise
of such custody or control, shall obtain a license from the State
Department of [Public Welfare] Social Services, except that no
license shall be required:

(1)    Where the care, custody or control is given by a licensed
placement agency or local [welfare] department of social services.

(2)    Where the care, custody or control is given by the minor's
natural parent or parents or grandparents immediately and directly
for adoption to a person or persons and adoption proceedings have
been instituted by such person or persons.

(3)    Where the care, custody or control was given by the court.

26.

Any institution, agency, society or person authorized to make a
placement who may be aggrieved by the decision of any agency or
local board delegated to issue licenses by the State Department
shall have the right of appeal to the State Department of [Public
Welfare] Social Services.

Any institution, agency, society or persons authorized to make a
placement aggrieved by any decision of the State Department in
any matter relating to the issue, revocation or suspension of a license
under this subtitle, or failure of the State Department to act in
any such matter, shall have a right of appeal to the circuit court
of the county in which any such institution, agency, society or per-
son authorized to make a placement has its principal office or resi-
dence, as the case may be, or to any court of Baltimore City having
equity jurisdiction, if such office or residence is in Baltimore City.
The State Department may be a party in any such appeal.

After hearing the evidence in the case, the court shall render a
decision either upholding, reversing or amending the decision of the
State Department. If the court shall find that the decision of the
State Department complained of is based upon a rule or regulation
promulgated by the State Department in the administration of this
subtitle, and that such rule or regulation as applied to the particular
facts in the case at issue, is unreasonable, arbitrary or capricious,
the court may then declare that rule or regulation to be inapplicable
in the case at bar and render its decision accordingly.

From the decision of the trial court, a further right of appeal
shall lie to the Court of Appeals, at the instance of either party,
during the time allowed and according to the general practice for
appeals in equity cases.

An appeal taken as provided in this section, either to a trial court
or to the Court of Appeals, shall operate to stay any criminal pros-
ecution of a licensee for operation, pending a final decision in the
case appealed from and also to suspend the operation of any injunc-
tion for operating without a license, pending a final disposition of
such appeal. While the matter is pending before a court, the care,