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.
Approved: