1414                           LAWS OF MARYLAND                       CH. 702

custody and control of a minor or minors exercised by the institu-
tion, agency, society or person authorized to make a placement ag-
grieved by the decision of the State Department, shall be in the
discretion of the court.

28.

The Director of the State Department of [Public Welfare] Social
Services may by petition seek to enjoin the activities and operations
of any institution, agency, society, individual, or set of individuals
seeking to carry on the functions licensed by this subtitle, without
having secured the required license. Such petition for an injunction
shall be brought before the circuit court, sitting in equity, in any
county in which the alleged violator is located or has an established
place of business or before one of the circuit courts of the Supreme
Bench of Baltimore City, if the alleged violator is located or has an
established place of business in Baltimore City.

32.

The provisions of Section 399 of Article 27 of the Annotated Code
shall not be construed as limiting the powers granted by this sub-
title to the State Department of [Public Welfare] Social Services.

32A.

(a)    License required; definitions.—No person, firm, corporation
or agency may provide family day care for children in this State
unless licensed therefor by the State Department of [Public Wel-
fare] Social Services. "Family day care" is defined for the purposes
of this section as care given in lieu of parental care to from one
to not more than four children under the age of sixteen, in a facility
located outside of the home of the child's parents or legal guardian,
for a part of a twenty-four hour day, if compensation is paid for
the care. A "family day care home" is defined as the facility where
the care is provided.

(b)    No license is required if family day care is provided by:

(1)    A person related to the child by blood or marriage;

(2)    A person who is a close friend of the child's parents or legal
guardian and is providing such care on an occasional basis; or

(3)    A person who has received the care of the child from a
child placement agency licensed hereunder by the State Depart-
ment of [Public Welfare] Social Services or from a local [welfare]
department of social services.

(c)     The necessary qualifications and the minimum standards
established as prerequisites for the issuance of licenses shall be set
forth in rules and regulations promulgated by the State Department
of [Public Welfare] Social Services and shall be such as to protect
the health, safety, welfare and morals of the children placed in
family day care. The procedures for the issuance of licenses shall
be set forth in rules and regulations of the State Department. The
rules and regulations shall provide for the issuance of licenses by
local [welfare] departments of social services in the name of the
State Department. An appeal shall be allowed to the State Depart-
ment in the event of a local department's refusal to issue a license.
The issuance, duration, revocation and suspension of all licenses