§ 9-235. Juvenile care facilities -- Child care homes

   (a) License required. -- Except as provided in subsection (b) of this section, a person shall be licensed by the Department as a child care home before the person may exercise care, custody, or control over a child who is alleged to be or is adjudicated delinquent or in need of supervision.

(b) Exceptions. -- This section does not apply to:

   (1) a parent of the child;

   (2) an individual related to the child by blood or marriage within 4 degrees of consanguinity under the civil law rule;

   (3) a guardian of the child;

   (4) a person who exercises temporary custody or control over the child at the request of a parent or guardian of the child and who is not required otherwise to be licensed;

   (5) a person who has the care, custody, or control of the child through placement by a parent or grandparent of the child in contemplation of adoption, if the requirements of § 5-507(b)(2) and (c) of the Family Law Article are met;

   (6) an institution that has a child care institution license under this subtitle or § 5-509 of the Family Law Article;

   (7) an institution operated by a unit of the State or a political subdivision; or

   (8) a foster care provider with whom the child is placed by:

      (i) a licensed child placement agency;

      (ii) a local department of social services;

      (iii) the Secretary of Health and Mental Hygiene;

      (iv) the Department; or

      (v) a court of competent jurisdiction.

HISTORY: An. Code 1957, art. 83C, § 2-123; 2007, ch. 3, § 2.