Juvenile care facilities -- Child care homes

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    (a)    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)    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;

            (iv)    the Department; or

            (v)    a court of competent jurisdiction.


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