Ch. 590                             MARVIN MANDEL, Governor                                1237

institutional, atmosphere. The contribution of private organizations will also result
in a saving to Maryland taxpayers. Uncoordinated and obsolete regulations
imposing institutional requirements for health and housing set up unnecessary
obstacles to providing homes for small groups of children who do not need special
physical or mental care and who do not need detention in a "secure" facility.

The State Department of Juvenile Services and other governmental agencies
(except the local Departments of Social Services) are not subject to these
regulations if they themselves operate group homes, though the needs of the
children are the same regardless of whether the home is operated by a public or a
private agency. However, private organizations find that they have to meet
extremely burdensome, expensive and time-consuming institutional requirements in
order to set up small, family-type homes for children. Whenever feasible, it should
be the goal of the State to keep children out of institutions and in home-like
environments; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 200A be and it is hereby added to Article 43 of
the Annotated Code of Maryland (1971 Replacement Volume), title "Health,"
subtitle "Food Products," to follow immediately after Section 200 thereof, and to
read as follows:

200A.

(A)  FOSTER HOMES, EMERGENCY SHELTERS, AND FAMILY TYPE
RESIDENTIAL FACILITIES FOR CHILDREN SPONSORED BY PUBLIC
OR PRIVATE AGENCIES AND SUPERVISED BY FOSTER PARENTS,
HOUSE PARENTS OR COUNSELLORS SHALL BE EXEMPTED FROM
THE REGULATIONS OF THE SECRETARY OF HEALTH AND MENTAL
HYGIENE OR BY LOCAL GOVERNMENTS GOVERNING EATING AND
DRINKING ESTABLISHMENTS UNDER THE FOLLOWING
CONDITIONS.

(1)     NOT MORE THAN 14 PERSONS, INCLUDING HOUSE
PARENTS, SUPERVISORY, PROFESSIONAL OR CUSTODIAL STAFF,
SHALL RESIDE IN SUCH HOMES AT ANY ONE TIME; AND

(2)    ALL CHILDREN RESIDING IN SUCH HOMES SHALL BE
PLACED THEREIN BY A COURT, A LICENSED CHILD PLACEMENT
AGENCY, OR A GOVERNMENT AGENCY, INCLUDING A LOCAL
DEPARTMENT OF SOCIAL SERVICES.

(B)   ALL GROUP HOMES FOR NOT MORE THAN 14 RESIDENTS
SHALL BE REGISTERED WITH THE LOCAL BOARD OF HEALTH, AND
SHALL BE SUBJECT TO STATE AND LOCAL HEALTH REGULATIONS
GOVERNING OCCUPANCY AND USE OF PRIVATE FAMILY HOMES,
AND SHALL BE INSPECTED [[ANNUALLY]] BY THE LOCAL BOARD
OF HEALTH.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 21, 1973.