Ch. 536

2004 LAWS OF MARYLAND

5-501.

(m) "Out-of-home placement" means placement of a child into foster care,
kinship care, group care, or residential treatment care.

(n) "Residential educational facility" means:

(1)     a facility that:

(i) provides special education and related services for students
with disabilities;

(ii) holds a certificate of approval issued by the State Board of
Education; and

(iii) provides continuous 24-hour care and supportive services to
children in a residential setting; or

(2)     one of the following schools:
(i) the Benedictine School;
(ii) the Linwood School;

(iii) the Maryland School for the Blind; or

(iv) the Maryland School for the Deaf.

(o) "Residential treatment care" means continuous 24-hour care and
supportive services for a minor child placed in a facility that provides formal
programs of basic care, social work, and health care services.

5-506.

(a)     The General Assembly intends that:

(1)     all children whose care is the responsibility of this State shall have
similar protection in terms of health, safety, and quality of care; and

(2)     the rules and regulations of agencies that are charged with child care
shall be comparable.

(b)     In addition to other rules and regulations adopted under this title, the
Department may adopt rules and regulations to carry out §§ 5-507, 5-508, 5-509, and
5-509.1 of this subtitle, which relate to the licensing of child placement agencies,
child care homes, child care institutions, and residential educational facilities.

(c)      (1) By rule or regulation, the Department may delegate authority to local
departments and licensed child placement agencies to issue licenses or approve
applicants for licenses under this subtitle.

(2) Any rule or regulation adopted by the Department under this
subsection shall provide for an appeal to an administrative appellate authority from a
decision of a local department or licensed child placement agency.

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