There are community-based residential programs that provide residential services in public group homes, private group homes, and alternative living units.
In this subtitle the following words have the meanings indicated.
“Private group home” means a group home that is not a public group home, whether or not public funds are used to finance, wholly or partly, the acquisition, construction, improvement, rehabilitation, maintenance, or operation of the group home.
“Public group home” means a group home that is owned by or leased to the State or a political subdivision of the State, whether or not this group home is maintained and operated by a private, nonprofit person.
This section applies only to public group homes, nonprofit private group homes, and alternative living units.
To avoid discrimination in housing and to afford a natural, residential setting, a group home or an alternative living unit for individuals with developmental disability:
Is deemed conclusively a single-family dwelling;
Is permitted to locate in all residential zones; and
May not be subject to any special exception, conditional use permit, or procedure that differs from that required for a single-family dwelling.
The provision of separately identified living quarters for staff may not affect the conclusive designation as a single-family dwelling under paragraph (1)(i) of this subsection.
A general zoning ordinance, rule, or regulation of any political subdivision that conflicts with the provisions of this section or any rule or any regulation that carries out the purpose of this section is superseded by this section to the extent of any conflict.
The Secretary shall, in accordance with the State plan established under Subtitle 3 of this title, determine the need, if any, for one or more public group homes for individuals with developmental disability in each county or multicounty region of the State.
In making the determination, the Secretary shall consult with the following:
The governing body of each county;
The State Board of Education;
County boards of education;
Consumer groups; and
Other public and private agencies.
The part of the State plan that relates to the need for public group homes shall be sent to each county.
If the Secretary certifies that a public group home is needed in a county or multicounty region, the county or counties of the region, in consultation with the local consumer groups, promptly shall choose a site that meets the requirements of the State plan.
Before submitting a proposed site to the Secretary, the governing body of the county where the site is located shall hold at least 1 public hearing in that county.
The Secretary shall cooperate with and help the county or counties to choose a suitable site.
If within 6 months after the Secretary certifies a need for a public group home, a suitable site is not submitted to the Secretary, the Secretary shall declare the county or counties to be in default. However, for good cause shown, the Secretary may extend the 6-month period not more than another 3 months.
Within 3 months after the default by a county or counties, the Secretary shall:
Choose a suitable site; and
After holding a public hearing in the county where the site is located, recommend the site to the Board of Public Works.
If the Board of Public Works approves the site that has been chosen by the Secretary, on a default by a county or counties, the State may:
Acquire the site by lease or purchase, condemnation, or otherwise; and
Renovate a building or build a public group home that meets the requirements of:
The State plan;
The regulations issued under § 7–904 of this title relating to community–based residential services; and
The program accessibility requirements of the federal regulations (45 C.F.R. §§ 84.21 through 84.23).
Before acquiring the site, the Secretary shall give the governing body for the county where the site is located and the community around the site notice of the intention of the State to acquire and improve the site.
Each public group home that is acquired under this section shall be operated by:
A private, nonprofit person, on terms and conditions as the Secretary approves; or
The State as a provider of last resort on an interim basis until a suitable private operator can be found.
The Secretary shall adopt rules and regulations for issuing certificates of approval for private group homes.
In addition to holding a license required under Subtitle 9 of this title or any other license required by law, a person shall obtain a certificate of approval from the Secretary before the person may establish a private group home.
To qualify for a certificate of approval, an applicant shall satisfy the Secretary that:
The proposed private group home is consistent with the State plan;
The applicant is a proper person to receive a certificate of approval;
The proposed private group home is appropriate for the stated purpose;
The proposed private group home meets or, on completion, will meet the licensing requirements of Subtitle 9 of this title;
The proposed private group home meets or, on completion, will meet all of the general zoning requirements that apply to the site and that relate to:
The height and size of any buildings that are involved;
The land that may be covered or occupied;
The open space requirements;
The density requirements; and
The use of any land or buildings; and
The applicant’s facilities meet the federal regulation requirements on program accessibility (45 C.F.R. §§ 84.21 through 84.23).
An applicant for certificate of approval shall submit an application to the Department on the form that the Secretary requires.
The application shall:
Be signed and verified by the applicant; and
Provide the information that the Secretary requires, including:
The name and address of the applicant;
The street address of the property where the private group home is to be located or, if no address, a description which identifies the property;
If the applicant does not own the property, the name of the owner;
A statement that the applicant will comply with the laws, rules, and regulations that relate to the establishing and operating of private group homes under this subtitle;
A statement that the applicant has sufficient resources to establish a private group home, or that those resources are available to the applicant;
A statement that the applicant’s facilities meet the federal regulation requirements on program accessibility (45 C.F.R. §§ 84.21 through 84.23); and
A statement that the applicant will:
Establish and implement a safety plan for the safety of individuals served by the private group home; or
Implement a safety or emergency plan established for the private group home for another purpose.
When an application for certificate of approval is filed, the Department shall have an investigation made of:
The applicant;
The private group home for which approval is sought;
The facts stated in the application;
The number of other group homes or alternative living units in the neighborhood;
The public utilities and services available; and
The access to transportation, shopping and recreational facilities, and health-related services.
When an application for certificate of approval is filed, the Secretary shall hold a public hearing on the application.
The Secretary shall publish a notice of the hearing within 60 days of receipt of the completed application.
The notice shall state:
The name of the applicant;
The type of approval that is sought;
The location of the proposed private group home; and
The time and place that the Secretary sets for the hearing, which shall be at least 7 but not more than 15 days after the last publication of the notice.
The notice shall be published at least twice in 1 week:
In 2 newspapers published in the county where the private group home is to be located;
If only 1 newspaper is published in that county, in that newspaper; or
If a newspaper is not published in that county, any newspaper with substantial circulation in that county.
The Secretary shall issue a certificate of approval to any applicant who meets the requirements under this Part III of this subtitle.
Unless an applicant agrees to extend the time, the Secretary shall approve or deny an application for certificate of approval within 30 days after the hearing required by § 7-611 of this subtitle.
If the Secretary fails to approve or deny the application within that time, the application shall be deemed to be approved, and the Administration shall issue a certificate of approval.