Bill No.                            40-11            

Concerning: Group Homes  - Developmentally Disabled Adults                             

Revised:    12-1-11            Draft No. 2  

Introduced:      December 6, 2011          

Enacted:         March 6, 2012                

Executive:       March 16, 2012              

Effective:        June 15, 2012                

Sunset Date:  None                             

Ch.   2      , Laws of Mont. Co.    2012    


County Council

For Montgomery County, Maryland


By: Council President at the Request of the County Executive and Councilmember Ervin


AN ACT to:

(1)        revise the licensing requirements for certain group homes for developmentally disabled adults; and

(3)        generally amend the law regarding regulation of group residential facilities.



By amending

            Montgomery County Code

            Chapter 23A, Group Homes

            Section 23A-3



Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.










The County Council for Montgomery County, Maryland approves the following Act:


          Sec. 1. Section 23A-3 is amended as follows:

23A-3.        Applicability of chapter.

          This Chapter does not apply to a:

(a)     facility which holds a valid license for institutional care, such as a nursing home, hospital, child or adult day care facility, or domiciliary care home for 5 or more residents;

(b)     foster or respite care home for children which is approved by the County Department of Health and Human Services, the State Department of Juvenile Services, or any licensed child placement agency, in accordance with standards set by the appropriate State agencies;

(c)      foster care or respite care home for adults for 3 or fewer elderly persons or persons with disabilities, which is approved by the Department of Health and Human Services;

(d)     licensed residential or institutional facility whose total number of residents at any one time will exceed 16 or the number of persons allowed under a license for the facility issued by a state agency, whichever is less;

(e)      group home which does not routinely provide more than 50 hours of on-site supervision a week, but a home exempted under this subsection may apply for a license and be licensed if it meets the requirements of this Chapter; [or]

(f)      group home for developmentally disabled adults which is licensed by the state Department of Health and Mental Hygiene; or

(g)     group of persons, not related by blood or marriage, living together in a dwelling unit as a family as defined in Chapter 59.  Supportive care services and treatment for individual residents or the group may be provided by a person or agency that does not assume responsibility for acquiring those services or treatments or for supervising, directing, or controlling the residents.