HARRY HUGHES, Governor

3599

(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 Human Resources.

(4)  Subject to the limitations imposed by
paragraph (5) of this subsection as to children less than 6
years of age, a licensee may care for up to six children at
any given time. The licensee's own children under 2 years
of age shall be counted as children served for the purposes
of this subsection.

(5)  At any given time:

(i) No more than two children under 2
years of age may be served.

(ii) If two children are under 2 years of
age, no more than two additional children between the ages
of 2 and 6 years may be served.

(iii) If one child is under 2 years of
age, no more than three additional children between the ages
of 2 and 6 years may be served.

(iv) If all the children are 2 years of
age or older, no more than four children between the ages of
2 and 6 may be served.

(6)  If the Department of Human Resources
determines that the group size limitations in this
subsection are unsuitable for a particular family day care
home, the Department may decrease the number of children
permitted in care at that family day care home.

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

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

(2)  In the counties, a person who is a close
friend of the child's parents or legal guardian and is
providing such care on an occasional basis for not more than
four children regardless of any agreement between the
parties as to payments; or