(a) For purposes of this subtitle, a child care provider’s own children under the age of 2 years shall be counted as children served.

(b) (1) In a family child care home:

(i) There may not be more than:

1. 8 children in care at any given time; and

2. 4 children under the age of 2 years; and

(ii) There shall be an adult to child ratio of at least 1 adult to every 2 children under the age of 2 years.

(2) In a large family child care home:

(i) There may not be more than 12 children in care at any given time; and

(ii) There shall be a limit on the number of children under the age of 2 years and an adult to child ratio that comply with regulations adopted by the Department under § 9.5-303 of this subtitle.

(c) If the Department determines that the group size provisions of subsection (b) of this section are unsuitable for a particular family child care home or large family child care home, the Department may decrease the number of children permitted to be in care at that family child care home or large family child care home.