Ch. 505

1994 LAWS OF MARYLAND

(I)       MAY NOT BE ENJOINED BY THE DEPARTMENT AS LONG AS
INFORMATION IS NOT MADE KNOWN TO THE DEPARTMENT THAT THE HEALTH,
SAFETY, OR WELFARE OF ANY CHILD IN THE CARE OF THE UNREGISTERED FAMILY
DAY CARE PROVIDER IS ENDANGERED, INCLUDING ANY INFORMATION OR
EVIDENCE PROVIDED BY A STATE OR LOCAL CODE ENFORCEMENT AUTHORITY OR
PROTECTIVE SERVICES OR LAW ENFORCEMENT AGENCY.

(II)     IS NOT SUBJECT TO THE PENALTY PROVIDED FOR IN § 5-557 OF
THIS PART V; AND

(III)    IS SUBJECT TO THE GROUP SIZE REQUIREMENTS PROVIDED BY
§ 5-553 OF THIS PART V.

(E)      FOR THE PURPOSES OF THIS SECTION, AN UNREGISTERED FAMILY DAY
CARE PROVIDER IS PARTICIPATING IN THE AMNESTY PROGRAM IF:

(1)      THE UNREGISTERED FAMILY DAY CARE PROVIDER:

(I)       BETWEEN OCTOBER 1, 1994 AND SEPTEMBER 30, 1997, FILES AN
APPLICATION WITH THE DEPARTMENT IN ACCORDANCE WITH THE GUIDELINES
PROVIDED REGULATIONS ADOPTED BY THE DEPARTMENT; AND

(II)     MAKES A GOOD FAITH EFFORT, AS DETERMINED BY THE
DEPARTMENT, TO COMPLETE THE REGISTRATION PROCESS WITHIN 1 YEAR OF THE
DATE OF ENTERING THE AMNESTY; AND

(2)      INFORMATION IS. NOT MADE KNOWN TO THE DEPARTMENT THAT
THE HEALTH, SAFETY, OR WELFARE OF ANY CHILD IN THE CARE OF THE
UNREGISTERED FAMILY DAY CARE PROVIDER IS ENDANGERED, INCLUDING ANY
INFORMATION OR EVIDENCE PROVIDED BY A STATE OR LOCAL CODE
ENFORCEMENT AUTHORITY, OR PROTECTIVE SERVICES OR LAW ENFORCEMENT
AGENCY.

(F)      NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EXCEPT FOR ANY
WILLFUL OR GROSSLY NEGLIGENT ACT, A STATE OR LOCAL CODE ENFORCEMENT
AUTHORITY, PROTECTIVE SERVICES OR LAW ENFORCEMENT AGENCY, THE
DEPARTMENT OF HUMAN RESOURCES, AND THE PERSONNEL OF A STATE OR LOCAL
CODE ENFORCEMENT AUTHORITY, PROTECTIVE SERVICES OR LAW ENFORCEMENT
AGENCY OR THE MARYLAND DEPARTMENT OF HUMAN, RESOURCES SHALL BE
IMMUNE FROM CIVIL LIABILITY FOR ANY ACT OR INJURY TO ANY CHILD
ATTRIBUTABLE TO OR RESULTING FROM THE AMNESTY PERIOD PROVIDED FOR IN
THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1,
1995 1997, the Child Care Administration of the Department of Human Resources shall
evaluate the amnesty program established by Section 1 of this Act and. make a
recommendation to the Secretary of Human Resources that the amnesty program be
placed in the law on a permanent basis.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

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