2013 Maryland Code
FAMILY LAW
§ 5-501 - Definitions [Effective until October 1, 2013].

§5-501.

(a) In this subtitle the following words have the meanings indicated.

(b) “Administration” means:

(1) the Social Services Administration of the Department; or

(2) any other unit within the Department to which the Secretary of Human Resources has delegated in writing specified responsibilities of the Administration under this subtitle.

(c) “Child care provider” means the adult who has primary responsibility for the operation of a family child care home or large family child care home.

(d) “Family child care” means the care given to a child under the age of 13 years or to any developmentally disabled person under the age of 21 years, in place of parental care for less than 24 hours a day, in a residence other than the child’s residence, for which the child care provider is paid.

(e) “Family child care home” means a residence in which family child care is provided for up to 8 children.

(f) “Foster care” means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home.

(g) “Group care” means continuous 24-hour care and supportive services provided for a minor child placed in a licensed group facility.

(h) “Kinship care” means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in the home of a relative related by blood or marriage within the 5th degree of consanguinity or affinity under the civil law rule.

(i) “Large family child care home” means a residence in which family child care is provided for at least 9 but not more than 12 children.

(j) (1) “License” means a license issued by the Administration under this subtitle.

(2) “License” includes:

(i) a child placement agency license;

(ii) a child care home license;

(iii) a child care institution license; and

(iv) a residential educational facility license.

(k) “Local board” means a local citizen board of review for children in out-of-home care.

(l) “Out-of-home care” means:

(1) out-of-home placement; and

(2) the monitoring of and services provided to a child in aftercare following a child’s out-of-home placement.

(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.

(p) “State Board” means the State Citizens Review Board for Children.

(q) “Unregistered family child care home” means a residence in which family child care is provided and in which the child care provider:

(1) has not obtained a certificate of registration from the State Department of Education;

(2) is not related by blood or marriage to each child in the provider’s care;

(3) is not a friend of each child’s parents or legal guardian and is providing care on a regular basis; and

(4) has not received the care of the child from a child placement agency licensed by the Administration or by a local department.

(r) “Voluntary placement agreement” means a binding, written agreement voluntarily entered into between a local department and the parent or legal guardian of a minor child that specifies, at a minimum, the legal status of the child and the rights and obligations of the parent or legal guardian, the child, and the local department while the child is in placement.

§ 5-501 - Definitions [Effective October 1, 2013].

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Administration. -- "Administration" means:

(1) the Social Services Administration of the Department; or

(2) any other unit within the Department to which the Secretary of Human Resources has delegated in writing specified responsibilities of the Administration under this subtitle.

(c) Child care provider. -- "Child care provider" means the adult who has primary responsibility for the operation of a family child care home or large family child care home.

(d) Family child care. -- "Family child care" means the care given to a child under the age of 13 years or to any developmentally disabled person under the age of 21 years, in place of parental care for less than 24 hours a day, in a residence other than the child's residence, for which the child care provider is paid.

(e) Family child care home. -- "Family child care home" means a residence in which family child care is provided for up to 8 children.

(f) Foster care. -- "Foster care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home.

(g) Group care. -- "Group care" means continuous 24-hour care and supportive services provided for a minor child placed in a licensed group facility.

(h) Kinship care. -- "Kinship care" means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in the home of a relative related by blood or marriage within the 5th degree of consanguinity or affinity under the civil law rule.

(i) Large family child care home. -- "Large family child care home" means a residence in which family child care is provided for at least 9 but not more than 12 children.

(j) License. --

(1) "License" means a license issued by the Administration under this subtitle.

(2) "License" includes:

(i) a child placement agency license;

(ii) a child care home license;

(iii) a child care institution license; and

(iv) a residential educational facility license.

(k) Local board. -- "Local board" means a local citizen board of review for children in out-of-home care.

(l) Out-of-home care. -- "Out-of-home care" means:

(1) out-of-home placement; and

(2) the monitoring of and services provided to a child in aftercare following a child's out-of-home placement.

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

(n) Residential educational facility. -- "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. -- "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.

(p) State Board. -- "State Board" means the State Citizens Review Board for Children.

(q) Unregistered family child care home. -- "Unregistered family child care home" means a residence in which family child care is provided and in which the child care provider:

(1) has not obtained a certificate of registration from the State Department of Education;

(2) is not related by blood or marriage to each child in the provider's care;

(3) is not a friend of each child's parents or legal guardian and is providing care on a regular basis; and

(4) has not received the care of the child from a child placement agency licensed by the Administration or by a local department.

(r) Voluntary placement agreement. -- "Voluntary placement agreement" means a binding, written agreement that:

(1) is voluntarily entered into between a local department and:

(i) the parent or legal guardian of a minor child; or

(ii) a former CINA whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and

(2) specifies, at a minimum:

(i) the legal status of the child or former CINA; and

(ii) the rights and obligations of the parent or legal guardian, the child or former CINA, and the local department while the child or former CINA is in placement.