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PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH

CHAPTER 28A. OFFICE OF CHILD CARE SERVICES

Chapter 28A: Section 11. Operation of facilities or agencies without licensure or approval prohibited; restrictions on child placement

[ Text of section effective until July 31, 2008. Repealed by 2008, 215, Sec. 43.]

  Section 11. (a) No person shall operate a school age child care program, a day care center, family day care home, large family day care home, family day care system, group care facility, placement agency, or temporary shelter facility unless such person is licensed by the office; provided, however, that a person who operates a family day care home or large family day care home shall not be required to obtain a license if such person operates as part of a licensed family day care system; and provided further, that a department, agency or institution of the commonwealth or any political subdivision thereof shall obtain an approval rather than a license in order to operate a day care center, family day care home, family day care system, group care facility, placement agency, or temporary shelter facility.

  (b) No person shall maintain a child in family foster care without placement, supervision and approval by a placement agency unless such person is licensed by the office.

  (c) No person shall place or knowingly facilitate the placement of any child as defined in section two in the care or control of any other person not related to such child by blood or marriage, or in the care or control of any organization other than a licensed or approved placement agency, for purposes of adoption in the commonwealth. No person unrelated to such a child by blood or marriage, and no organization other than a licensed or approved placement agency, shall receive such a child for purposes of adoption, except from a licensed or approved placement agency. Nothing herein shall prevent the placement of a child who is not a citizen of the United States when a home study of the prospective parent or parents prior to the placement of the child is performed by a licensed placement agency. For the purpose of this section the spouse of the natural parent of such a child shall be deemed to be related by marriage to said child.