2514
LAWS OF MARYLAND
Ch. 654
BY repealing and reenacting, with amendments,
Article 43 - Health
Section 708
Annotated Code of Maryland
(1980 Replacement Volume and 1980 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article 88A - Social Services Administration
32A.
[(a) No person, firm, corporation or agency may
provide family day care for children in this State unless
licensed therefor by the State Department of 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.]
(A) (1) IN THIS SECTION, "FAMILY DAY CARE" MEANS CARE
GIVEN IN LIEU OF PARENTAL CARE TO A NUMBER OF CHILDREN AS
SPECIFIED IN THIS SUBSECTION , IN A FACILITY LOCATED OUTSIDE
OF THE HOME OF THE CHILD'S PARENTS OR LEGAL GUARDIAN, FOR A
PART OF A 24 HOUR DAY, IF COMPENSATION IS PAID FOR THE CARE.
(2) A "FAMILY DAY CARE HOME" MEANS THE FACILITY
WHERE THE CARE IS PROVIDED.
(3) A PERSON, FIRM, CORPORATION OR AGENCY MAY
NOT PROVIDE FAMILY DAY CARE IN THIS STATE WITHOUT A LICENSE
FROM THE STATE DEPARTMENT OF SOCIAL SERVICES HUMAN
RESOURCES.
(4) THE NUMBER OF CHILDREN PERMITTED IN CARE AT
A FAMILY DAY-CARE HOME DEPENDS ON THE AGES OF THE CHILDREN,
AND THE LICENSEE'S OWN CHILDREN NOT YET ENROLLED IN FIRST
GRADE COUNT TOWARD THE GROUP SIZE LIMITATION:
(I) A FAMILY DAY-CARE LICENSEE MAY NOT
CARE FOR MORE THAN THREE CHILDREN UNDER 2 YEARS OF AGE;
(II) IF THREE CHILDREN ARE UNDER 2 YEARS
OF AGE, THE LICENSEE MAY CARE FOR ONE ADDITIONAL CHILD 2
YEARS OF AGE OR OLDER FOR ALL OR PART OF A DAY, AS LONG AS
THE GROUP SIZE DOES NOT EXCEED FOUR CHILDREN AT ANY GIVEN
TIME;
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