(a) Except as provided in subsection (b) of this section, a person shall be licensed by the Department as a child care home before the person may exercise care, custody, or control over a child who is alleged to be or is adjudicated delinquent or in need of supervision. (b) This section does not apply to: (1) a parent of the child; (2) an individual related to the child by blood or marriage within 4 degrees of consanguinity under the civil law rule; (3) a guardian of the child; (4) a person who exercises temporary custody or control over the child at the request of a parent or guardian of the child and who is not required otherwise to be licensed; (5) a person who has the care, custody, or control of the child through placement by a parent or grandparent of the child in contemplation of adoption, if the requirements of § 5-507(b)(2) and (c) of the Family Law Article are met; (6) an institution that has a child care institution license under this subtitle or § 5-509 of the Family Law Article; (7) an institution operated by a unit of the State or a political subdivision; or (8) a foster care provider with whom the child is placed by: (i) a licensed child placement agency; (ii) a local department of social services; (iii) the Secretary of Health; (iv) the Department; or (v) a court of competent jurisdiction.
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