Bill No.
40-11
Concerning:
Group
Homes
Developmentally Disabled Adults
Revised: December 1, 2011 Draft No.
L
Introduced:
December 6, 2011
Enacted:
March 6,2012
Executive:
March 16, 2012
Effective:
June 15, 2012
Sunset Date:
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Ch. _2_. Laws of Mont. Co.
2012
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive and Councilmember Ervin
AN
ACT to:
(1)
(3)
revise the licensing requirements for certain group homes for developmentally
disabled adults; and
generally amend the law regarding regulation of group residential facilities.
By amending
Montgomery County Code
Chapter 23A, Group Homes
Section 23A-3
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The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 40-11
1
Sec.
1.
Section 23A-3 is amended as follows:
23A-3.
Applicability of chapter.
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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,
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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 anyone 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)
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group home for developmentally disabled adults which is licensed
Qy
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
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BILL
No.
40-11
27
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:
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Approved:
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r Berliner, President, County Council
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
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