HARRY HUGHES, Governor

2945

(a)  (1) If the Board of Public Works approves the site
that has been chosen by a county or counties or, on default,
by the Director, this State:

(i) May acquire the site by lease,
purchase, condemnation, or otherwise; and

(ii) May renovate a building or build a
public group home FOR MENTALLY RETARDED INDIVIDUALS that
meets the requirements of the rules and regulations adopted
under this subtitle.

(b)  Each public group home FOR MENTALLY RETARDED
INDIVIDUALS that is acquired under this section shall be
operated by a nonpublic, nonprofit person, on terms and
conditions that the Secretary approves.

Part II. [Special Provisions for] Private Group Homes' FOR
MENTALLY RETARDED INDIVIDUALS.

7-414.

(a)   In addition to rules and regulations that
generally relate to private facilities, the Director shall
adopt rules and regulations for issuing certificates of
approval for private group homes FOR MENTALLY RETARDED
INDIVIDUALS.

(b)  (1) These rules and regulations shall provide that
the following factors be considered in determining whether a
proposed site is suitable:

[(1)](I) The nature and character of the area;

[(2)] (II) The availability of utilities; and

[(3)] (III) The access to transportation,
shopping, recreation, and public establishments.

(2) THESE RULES AND REGULATIONS SHALL REQUIRE
SUPERVISION OF A RESPONSIBLE ADULT.

7-415.

In addition to holding any other license required by
law, a person shall obtain a certificate of approval from
the Director before the person may establish a private group
home FOR MENTALLY RETARDED INDIVIDUALS.

7-416.

(a) To qualify for a certificate of approval, an
applicant shall satisfy the Director that: