HARRY HUGHES, Governor

345

Subsection (b) of this section is revised to
incorporate certain factors referenced by the
former requirement for conforming "with the
factors to be considered under §§ 20B and 20C".
The rest of those factors are revised as
qualifications for a certificate. See § 7-416 of
this subtitle.

Defined terms: "Director" § 7-101

"Group home" § 7-101 "Private facility" § 7-101

7-415. CERTIFICATE OF APPROVAL REQUIRED.

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.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of former Article 59A, § 20(b) and the
first sentence of § 20A. It is rephrased in the
standard language used to state affirmatively
that a person must hold a certificate of approval
to establish a private group home.

There is no parallel provision prohibiting the
establishment of a private group home without
holding the certificate, since there are no
penalties imposed for so establishing a private
group home. However, a license to operate the
group home as a "private facility" would not be
issued under § 7-403 of this subtitle. Cf., §§
7-403 and 7-901 of this title.

Defined terms: "Director" § 7-101
"Group home" § 7-101 "Person" § 1-101

7-416. QUALIFICATIONS OF APPLICANTS.

(A) IN GENERAL.

TO QUALIFY FOR A CERTIFICATE OF APPROVAL, AN APPLICANT
SHALL SATISFY THE DIRECTOR THAT:

(1)  APPROVAL OF THE PROPOSED PRIVATE GROUP HOME
WOULD SERVE TO ACCOMMODATE MENTALLY RETARDED INDIVIDUALS;

(2)  A PUBLIC GROUP HOME IS NOT AVAILABLE
CURRENTLY TO MEET THE NEED;

(3)  THE APPLICANT IS A PROPER PERSON TO RECEIVE
THE CERTIFICATE OF APPROVAL;

(4) THE PROPOSED PRIVATE GROUP HOME IS
APPROPRIATE FOR THE STATED PURPOSE;