reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-214 - State Advisory Board -- Meetings; Compensation; Conflicts of Interest

(a)    The State Advisory Board shall meet regularly at least six times a year on the call of its chair.
(b)    A member of the State Advisory Board:
(1)    may not receive compensation as a member of the State Advisory Board; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    A member of the State Advisory Board may not have a direct or indirect interest in any contract for building, repairing, equipping, or providing materials or supplies to the Department or have any other financial interest in a contract with the Department.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-215 - State Advisory Board -- Duties

In addition to its other duties specified in this title, the State Advisory Board shall:
(1)    consult with and advise the Secretary on:
(i)    each aspect of the juvenile services program in the State;
(ii)    the educational programs and services of the Department;
(iii)    programs designed to divert children from the juvenile justice system; and
(iv)    the treatment and programming needs of females in the juvenile justice system;
(2)    recommend to the Secretary policies and programs to improve juvenile services in the State;
(3)    participate in interpreting for the public the objectives of the Department;
(4)    participate in planning the development and use of available resources to meet the needs of the Department; and
(5)    examine and review fatalities involving children under the supervision of the Department for the purpose of advising the Secretary on policies and programs to prevent fatalities, including:
(i)    a death caused by a child under the supervision of the Department, if the child is convicted or adjudicated for the death; and
(ii)    the death of a child under the supervision of the Department.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-216 - Functions of Department

(a)    The Department is the central administrative department for:
(1)    juvenile intake, detention authorization, community detention, investigation, probation, protective supervision, predelinquent diversion services, and aftercare services; and
(2)    the State juvenile diagnostic, training, detention, and rehabilitation institutions.
(b)    The Department shall:
(1)    develop programs for predelinquent children whose behavior tends to lead to contact with law enforcement agencies;
(2)    promote predelinquent programs, including greater utilization of youth services bureaus under § 9–234 of this subtitle, that provide services to divert children from the juvenile justice system;
(3)    collaborate with local governments to encourage the use of predelinquent programs provided by youth services bureaus under § 9–234 of this subtitle in response to identified community needs; and
(4)    provide technical assistance to local governments and youth services bureaus under § 9–234 of this subtitle to identify alternative funding sources for predelinquent programs.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-217 - Use of and Aid to Public and Private Agencies

The Department may:
(1)    designate any public or private agency or organization in the State as its agent for the purposes of this title; and
(2)    spend funds to aid that agent or to buy services from it or, if adequate services are not available in the State, to buy services from an agency or organization outside the State.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-218 - Funds

(a)    (1)    The Secretary may apply for, receive, and spend federal funds available for use in carrying out the powers and duties of the Secretary or the Department.
(2)    The Department may:
(i)    accept, manage, and dispose of federal funds and commodities; and
(ii)    take advantage of any available federal program or grant or other public or private assistance that accomplishes or furthers the objectives of this title.
(b)    (1)    With the approval of the Secretary of Budget and Management, the Department shall accept, on behalf of the State, a conditional or unconditional gift or grant.
(2)    The Department shall pay all funds collected under paragraph (1) of this subsection into a special fund of the State Treasury and use the special fund to carry out the provisions of this title.
(c)    Except as provided in subsection (b) of this section or otherwise provided by law, the Secretary shall pay all money collected by the Department under this title into the General Fund of the State.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-219 - Confidential Research Records

(a)    (1)    In this section, “confidential research record” means a record, report, statement, note, or other information that:
(i)    is assembled or obtained for research or study by the Department or the Secretary; and
(ii)    names or otherwise identifies a person.
(2)    “Confidential research record” includes a record that was transferred to the custody of the Department by a predecessor agency.
(b)    Each confidential research record shall remain in the custody and control of the Department.
(c)    A confidential research record may be used only for the research and study for which it was assembled or obtained.
(d)    A person may not disclose a confidential research record to any person who is not engaged in the research or study for which it was assembled or obtained.
(e)    This section does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of a confidential record.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-220 - Research and Development Unit

The Department shall have a unit for research and development that shall:
(1)    compile accurate statistics and reliable information on all aspects of the juvenile program of the State;
(2)    monitor current developments in the field of juvenile services;
(3)    assess existing programs and activities, including youth services bureaus;
(4)    help develop new or improved means, including greater utilization of youth services bureaus under § 9-233 of this subtitle, to prevent juvenile offenses and control and treat juvenile offenders;
(5)    if necessary, initiate studies to help the Secretary in general planning and program development for the Department; and
(6)    for these and related purposes, use research and information available from all sources.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-221 - Interagency Cooperation

(a)    To carry out the objectives of this title, the following State units shall cooperate fully with the Department:
(1)    the State Department of Education;
(2)    the Department of General Services;
(3)    the Maryland Department of Health;
(4)    the Department of Human Services;
(5)    the Maryland Department of Labor;
(6)    the Department of Public Safety and Correctional Services; and
(7)    each other agency needed to accomplish these objectives.
(b)    (1)    The Department shall cooperate with the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article by:
(i)    providing the Unit with access to all facilities, reports, and records relating to a child on request;
(ii)    allowing the juvenile justice monitors to conduct interviews with staff, children, and any other individuals on request; and
(iii)    submitting corrective action plans and incident reports to the Unit in response to findings and recommendations made by the juvenile justice monitors regarding a facility.
(2)    (i)    The Department shall respond to requests for information from a juvenile justice monitor concerning a facility within 30 days after the date of the request.
(ii)    If the Department does not respond to a request for information, the monitor may conduct a reasonable investigation relating to the original request for information.
(c)    The Department shall cooperate with the State Department of Education to establish educational programs as required under Title 22, Subtitle 3 of the Education Article.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part I - Organization and Administration of Department › Section 9-222 - Applicability of Other Laws

(a)    Title 3, Subtitle 8A of the Courts Article governs detention, adjudication, disposition, and place and period of commitment of children in need of supervision and delinquent children.
(b)    The Department shall be subject to State finance and procurement laws under the State Finance and Procurement Article.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-226 - State Facilities -- Establishment and Operation

(a)    The Department may establish and operate the facilities that are necessary to properly diagnose, care for, educate, and rehabilitate children who need these services.
(b)    The facilities described in subsection (a) of this section include:
(1)    the Alfred D. Noyes Children’s Center;
(2)    the Baltimore City Juvenile Justice Center;
(3)    the Charles H. Hickey, Jr. School;
(4)    the Cheltenham Youth Facility;
(5)    the Lower Eastern Shore Children’s Center;
(6)    the Thomas J. S. Waxter Children’s Center;
(7)    the Victor Cullen Center;
(8)    the Western Maryland Children’s Center;
(9)    the Garrett Children’s Center; and
(10)    the youth centers.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-227 - State Facilities -- Management

(a)    Each facility described in § 9-226 of this subtitle shall operate under the control and general management of the Department.
(b)    The Department shall:
(1)    subject to Title 3, Subtitles 8 and 8A of the Courts Article, adopt regulations that set:
(i)    policies for detention authorization, community detention, admission, transfer, discharge, and aftercare supervision; and
(ii)    standards of care, including provisions to administer any early, periodic screening diagnosis and treatment program that the Department approves for establishment under 42 U.S.C., § 1396d(a)(4)(B) and to treat appropriately any condition that the screening reveals;
(2)    adopt regulations applicable to residential facilities it operates that:
(i)    prohibit the use of locked door seclusion and restraints as punishment and describe the circumstances under which locked door seclusion and restraints may be used; and
(ii)    prohibit abuse of a child; and
(3)    adopt regulations that require each State residential program to provide:
(i)    medical and mental health assessment services;
(ii)    alcohol abuse and drug abuse assessment services;
(iii)    either alcohol abuse and drug abuse referral services or an alcohol abuse and drug abuse treatment program that has been certified in accordance with the requirements of Title 8 of the Health – General Article; and
(iv)    a safe, humane, and caring environment.
(c)    (1)    The Department shall adopt a policy to govern disciplinary actions and grievances in its facilities.
(2)    The policy shall:
(i)    require preparation of a written report of any disciplinary action taken against a child or of any grievance made by or on behalf of a child;
(ii)    require that each written report be forwarded to and reviewed by the administrative head of the facility; and
(iii)    require the Department to forward in a timely manner all reports of disciplinary actions, grievances, and grievance dispositions from each facility to the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article.
(d)    In each facility, the Department shall develop special programs that are designed to meet the particular needs of its residents.
(e)    Subject to Title 3, Subtitles 8 and 8A of the Courts Article, the Department shall order any necessary changes in the policy, conduct, or management of a State residential program to provide adequate care for the children and adequate services to the courts.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-228 - State Facilities -- Bond Requests

Before the Department requests a bond issue from the General Assembly to build or renovate a facility, the Department shall consult on the proposed construction or renovation plans with the governing body of:
(1)    the county where the facility is to be built or renovated; and
(2)    each county to be served by the facility.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-229 - State Facilities -- Baltimore City Juvenile Justice Center

(a)    The Department shall operate and manage the Baltimore City Juvenile Justice Center as a centralized regional juvenile intake, assessment, court, and detention facility for Baltimore City.
(b)    The Baltimore City Juvenile Justice Center shall include:
(1)    the Department;
(2)    the Juvenile Division of the Circuit Court for Baltimore City;
(3)    an office of the State’s Attorney for Baltimore City;
(4)    an office of the Baltimore City Department of Social Services;
(5)    Baltimore City police services; and
(6)    courthouse security services of the Sheriff of Baltimore City.
(c)    If a child who is delinquent or is alleged to have committed a delinquent act is taken into custody by a law enforcement officer and brought to the Baltimore City Juvenile Justice Center, the Department, in conjunction with Baltimore City police services, shall:
(1)    for purposes of positive identification, obtain photographs and fingerprints and submit them to:
(i)    the Criminal Justice Information System Central Repository; and
(ii)    any other automated juvenile justice information system or repository approved by the Secretary;
(2)    conduct a criminal and juvenile history records check; and
(3)    conduct an automated search for outstanding warrants and writs of attachment.
(d)    (1)    After the processing of fingerprints, the Criminal Justice Information System Central Repository shall provide to the Department, in accordance with State and federal law, information concerning children taken into custody under subsection (c) of this section.
(2)    Information concerning a child disseminated from the Criminal Justice Information System Central Repository is a police record under § 10-101(h) of the Criminal Procedure Article and may not be redisseminated except in accordance with § 3-8A-27(a) of the Courts Article.
(e)    Subject to the authority of the Secretary:
(1)    the managing director of the Baltimore City Juvenile Justice Center is its chief administrator; and
(2)    the director of detention of the Baltimore City Juvenile Justice Center is its administrator of juvenile detention.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-230 - State Facilities -- Advisory Boards

(a)    With the consent of the State Advisory Board, the Secretary may establish an advisory board for one or more facilities.
(b)    Each board shall consist of individuals that the Secretary and the State Advisory Board consider to be helpful in matters that relate to the effective operation and improvement of the facility.
(c)    A representative of the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article shall be available to attend meetings of each advisory board.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-231 - Group Homes and Institutions

(a)    The Department may place children in group homes and institutions operated by nonprofit or for-profit entities to provide for their care, diagnosis, training, education, and rehabilitation.
(b)    (1)    The Department shall reimburse the entities described in subsection (a) of this section for the cost of the services at appropriate monthly rates that the Department determines, as provided in the State budget.
(2)    The Department may establish different reimbursement rates for homes and institutions that provide intermediate services and homes and institutions that provide full services.
(c)    The Department may not place a child in a group home or other residential facility that is not operating in compliance with applicable State licensing laws.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-234 - Juvenile Care Facilities -- in General

(a)    The General Assembly intends that:
(1)    all children whose care is the responsibility of the State shall have similar protection for their health, their safety, and the quality of their care; and
(2)    the regulations of State units that are charged with child care shall be comparable.
(b)    The Department shall adopt regulations:
(1)    to carry out §§ 9–235 and 9–236 of this subtitle; and
(2)    that require each juvenile care facility to:
(i)    1.    establish and implement a safety plan for the safety of juveniles under the care of the facility; or
2.    implement a safety or emergency plan established for the facility for another purpose; and
(ii)    revise the safety plan not less than every 5 years.
(c)    A child care home or child care institution may not be required to obtain a license from more than one State unit.
(d)    A State unit authorized to license child care homes or child care institutions may make a cooperative licensing arrangement with another State unit.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-235 - Juvenile Care Facilities -- Child Care Homes

(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.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-236 - Juvenile Care Facilities -- Child Care Institutions

(a)    Except as otherwise provided in subsection (b) of this section, a person shall be licensed by the Department as a child care institution before the person may operate an institution for the care, custody, or control of a child alleged to be or adjudicated delinquent or in need of supervision.
(b)    This section does not apply to:
(1)    an institution or facility operated by a unit of the State or a political subdivision; or
(2)    a child care home that has a license under this subtitle or § 5-508 of the Family Law Article.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-237 - Juvenile Detention Facilities -- Standards

(a)    The Department shall adopt regulations that set standards for juvenile detention facilities operated by the Department and by private agencies under contract with the Department.
(b)    The standards shall reflect the following central purposes of juvenile detention:
(1)    to protect the public;
(2)    to provide a safe, humane, and caring environment for children; and
(3)    to provide access to required services for children.
(c)    The standards shall include provisions establishing:
(1)    a policy that eliminates the unnecessary use of detention and that prioritizes diversion and appropriate nonsecure alternatives;
(2)    criteria for the placement of a child in a particular juvenile detention facility;
(3)    population limits for each juvenile detention facility that may not be exceeded except in emergency circumstances;
(4)    a requirement that staffing ratios and levels of services be maintained during emergencies;
(5)    specifications for the architectural structure of a juvenile detention facility;
(6)    staff qualifications and training, including training in recognizing and reporting child abuse and neglect;
(7)    the ratio of staff to children in a juvenile detention facility;
(8)    the rights of children in a juvenile detention facility, including the right to privacy, visitors, telephone use, and mail delivery;
(9)    prohibitions against the use of excessive force against a child;
(10)    internal auditing and monitoring of programs and facilities in the juvenile services system;
(11)    prohibitions against the use of physical restraints on an individual known to be in the third trimester of pregnancy or during labor, delivery, or postpartum recovery, including during all transports, unless a facility superintendent or the facility superintendent’s designee determines that a physical restraint is necessary to protect the individual from harming herself or others or to prevent the individual’s escape from custody; and
(12)    a policy concerning a safety plan for the safety of juveniles detained in a facility, including:
(i)    the means to implement the safety plan or a safety or emergency plan established for the facility for another purpose; and
(ii)    a requirement that the safety plan be revised not less than every 5 years.
(d)    The standards shall be consistent with this title and Title 3, Subtitle 8A of the Courts Article.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-238.1 - Programming for Regional Services

(a)    The Department shall serve children in the juvenile services system with programming that:
(1)    ensures the safety of the community and the children served;
(2)    holds delinquent children accountable to victims and communities;
(3)    assists children to develop competencies to become successful members of society;
(4)    delivers services on a regional basis through at least four operational regions;
(5)    (i)    ensures that each committed facility owned by the Department serves no more than 48 children at one time; and
(ii)    ensures that each committed facility licensed by the Department serves no more than 48 children at one time, unless the Secretary finds good cause for a committed facility licensed by the Department to serve more than 48 children at one time;
(6)    uses detention and committed facilities that are operationally separate from each other and that do not share common program space, including dining halls and educational or recreational facilities; and
(7)    provides females with a range and quality of services and programs to meet their specific needs, including:
(i)    diversion programs;
(ii)    community detention services and programs; and
(iii)    reentry services and programs.
(b)    A region shall:
(1)    include at least one secure facility used solely for children pending court disposition and children awaiting placement after disposition;
(2)    except for specialized services as provided in subsection (c) of this section, include a number of committed facilities estimated to be necessary to diagnose, care for, train, educate, and properly rehabilitate every child from the region in the custody of the Department; and
(3)    include a nonpublic facility only if the Department determines that the facility:
(i)    has provided or will efficiently and effectively provide adequate care for the children placed in the facility; and
(ii)    has demonstrated or will demonstrate a record of success based on standards promulgated by the Department.
(c)    The Department may place a child into a committed facility outside the child’s region if a determination is made by the Department that specialized services for the child require the placement in the best interests of the child.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-240 - Step-Down Aftercare

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Step-down aftercare” means:
(i)    a network of programs that provide education and rehabilitation; and
(ii)    services and treatment to ease the transition of children from the custody of the Department to their homes and communities.
(3)    “Step-down aftercare plan” means an individualized plan for each child in step-down aftercare that proposes specific assistance, guidance, treatment, services, and supervision that:
(i)    prepares the child for reentry into the specific community to which the child will return;
(ii)    ensures the delivery of prescribed services to the child in the community; and
(iii)    monitors conduct in the community to ensure public safety.
(b)    (1)    A child discharged from a committed residential placement shall receive step-down aftercare for the period that the Department determines.
(2)    A child in step-down aftercare shall receive:
(i)    a step-down aftercare plan;
(ii)    supervision by step-down aftercare staff in accordance with the step-down aftercare plan;
(iii)    educational services; and
(iv)    any other services necessary to implement the step-down aftercare plan.
(c)    The step-down aftercare staff shall:
(1)    prepare a step-down aftercare plan for each child assigned to the step-down aftercare program and file the plan with the Department;
(2)    keep regular records concerning the progress of each child;
(3)    file with the Department a monthly progress report on each child; and
(4)    file with the Department an annual report on the outcome of step-down aftercare plans for the children in the step-down aftercare program, that includes to the extent possible:
(i)    information on the number of children who:
1.    are rearrested;
2.    are rearrested and charged with serious or violent offenses;
3.    are rearrested and waived to the adult system;
4.    are re-referred to the Department;
5.    are readjudicated and recommitted;
6.    graduate from high school or successfully complete a high school equivalency examination; and
7.    are employed; and
(ii)    other relevant information.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-240.1 - Maryland Rising Program

(a)    (1)    The Secretary shall establish a Program to attempt to provide a volunteer mentor for each child in the State who has spent at least 30 days in a committed placement.
(2)    The Program shall be called “Maryland Rising”.
(b)    The purpose of the Program is to provide individualized attention to a child:
(1)    to decrease the child’s delinquent or violent behavior in the community; and
(2)    to increase the child’s potential for becoming a productive, successful member of the community.
(c)    (1)    To carry out the purpose of the Program, the Department shall develop a statewide network of State agencies, community agencies, citizen action groups, social services providers, volunteer organizations, college student groups, and other groups who will recruit volunteer mentors for the Program.
(2)    A mentor shall have frequent contact with the child and may provide the following services to the child:
(i)    informal counseling;
(ii)    tutoring;
(iii)    assisting the child with life skills training;
(iv)    working with the child’s family or guardian;
(v)    interacting with the child’s school or employer, if necessary; and
(vi)    other individualized support services that help the child avoid negative behaviors and become a successful, productive member of the community.
(d)    The Department may adopt regulations to implement this section.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-241 - Required Programs

(a)    The Secretary shall establish programs for juvenile intake, predelinquent diversion services, community detention, investigation, probation, and aftercare services.
(b)    (1)    Except for predelinquent diversion services, the Secretary shall provide sufficient staff to operate the programs described in subsection (a) of this section.
(2)    The staff of the Department is under the immediate direction and control of the Secretary.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-242 - Informational Programs

The Secretary shall hold institutes, conferences, and other programs to familiarize the judiciary, the Baltimore City Social Services Commission and other boards of local departments of social services, citizens action groups, and other interested persons with the functions and programs of the Department.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-243 - Relationship to Courts

(a)    If requested by a juvenile court or by any other court in a proceeding that involves the interest of a minor, the Department shall provide the services described in this title.
(b)    The Department shall provide the employees necessary for any services that a juvenile court orders.
(c)    The Department shall cooperate with the juvenile court in carrying out the objectives of this title and Title 3, Subtitles 8 and 8A of the Courts Article.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-244 - Provision of Court Staff

(a)    The Secretary shall:
(1)    study the problem of the units of work that are involved in the juvenile courts; and
(2)    establish a system for units of work.
(b)    (1)    On the basis of the comparative workload of any juvenile court, the Secretary shall provide the court with adequate staff and an adequate variety of staff.
(2)    Unless the judges of the court consent, a juvenile court may not be assigned a smaller staff than authorized as of July 1, 1986.
(c)    (1)    Within the formula described in this section, a judge of any juvenile court may request the additional clerical and professional court service staff that the workload of the court requires.
(2)    The Secretary shall consider and respond to a request under paragraph (1) of this subsection in accordance with §§ 9-241 and 9-243 of this subtitle.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-245 - Foster Parents -- Liability Insurance and Reimbursement

(a)    In this section, “foster parent” includes an individual who cares for a child on an emergency basis under a shelter care program.
(b)    (1)    The Department shall provide liability insurance for foster parents who care for children under foster parent programs.
(2)    Subject to a reasonable deductible limit that the Department sets, the liability insurance shall cover:
(i)    bodily injury and property damage that a foster child causes to the person or property of a person other than a foster parent; and
(ii)    actions against a foster parent by a parent for any accidental injury to the foster child.
(c)    (1)    Subject to paragraph (2) of this subsection, the Secretary shall reimburse a foster parent for the costs of bodily injury or property damage that the foster child causes to the foster parent and that insurance does not cover, if the Secretary is satisfied that the actions of the foster parent did not contribute substantially to the bodily injury or property damage.
(2)    (i)    Reimbursement under this subsection may not exceed $5,000.
(ii)    Reimbursement exceeding $2,000 requires the approval of the Board of Public Works.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 2 - Department of Juvenile Services › Part II - Facilities, Programs, and Services › Section 9-246 - Youth Welfare Funds

(a)    In this section, “fund” means a youth welfare fund.
(b)    (1)    There is a youth welfare fund in each facility of the Department of Juvenile Services.
(2)    A fund shall be used for goods and services that benefit the general youth population in the facility.
(c)    (1)    Each fund is a special continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    Each fund consists of:
(i)    profits derived from the sale of goods through the commissary operation and telephone and vending machine commissions for the facility; and
(ii)    subject to paragraph (3) of this subsection, money received from other sources.
(3)    Money from the General Fund of the State may not be transferred by budget amendment or other manner to a fund.
(d)    (1)    The Treasurer shall hold each fund separately, and the Comptroller shall account for each fund.
(2)    Each fund is subject to an audit by the Office of Legislative Audits under § 2–1220 of the State Government Article.
(3)    (i)    Each fund shall be invested and reinvested in the same manner as other State funds.
(ii)    Any investment earnings are not a part of the fund.
(e)    The Comptroller shall pay out money from each fund as appropriated in the State budget.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 3 - Interstate Compact for Juveniles › Section 9-307 - Rulemaking Functions of the Interstate Commission

Article VI.  Rulemaking Functions of the Interstate Commission.
(a)    The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact.
(b)    Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission.
(c)    When promulgating a rule, the Interstate Commission shall, at a minimum:
(1)    publish the proposed rule’s entire text stating the reason for that proposed rule;
(2)    allow and invite persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available;
(3)    provide an opportunity for an informal hearing if petitioned by 10 or more persons; and
(4)    promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.
(d)    Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the Model State Administrative Procedures Act) in the rulemaking record, the court shall hold the rule unlawful and set it aside.
(e)    If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the Compact, cause that such rule shall have no further force and effect in any compacting state.
(f)    The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.
(g)    Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 3 - Interstate Compact for Juveniles › Section 9-308 - Oversight, Enforcement, and Dispute Resolution by the Interstate Commission

Article VII.  Oversight, Enforcement, and Dispute Resolution by the Interstate Commission.
(a)    (1)    The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this Compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(2)    The courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the Compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b)    (1)    The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the Compact as well as issues and activities pertaining to compliance with the provisions of the Compact and its bylaws and rules.
(2)    The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the Compact and which may arise among compacting states and between compacting and noncompacting states.
(3)    The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c)    The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact using any or all means set forth in Article XI of this Compact.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 3 - Interstate Compact for Juveniles › Section 9-309 - Finance

Article VIII. Finance.
(a)    The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(b)    The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(c)    The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(d)    The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 3 - Interstate Compact for Juveniles › Section 9-310 - The State Council

Article IX. The State Council.
(a)    Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups, and the Compact Administrator, deputy compact administrator, or designee.
(b)    Each compacting state retains the right to determine the qualifications of the Compact Administrator or deputy compact administrator.
(c)    Each state council shall advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the Compact within that state.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 3 - Interstate Compact for Juveniles › Section 9-311 - Compacting States, Effective Date and Amendment

Article X.  Compacting States, Effective Date and Amendment.
(a)    Any state is eligible to become a compacting state.
(b)    The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the Compact into law by that state.  The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States.
(c)    The Interstate Commission may propose amendments to the Compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 3 - Interstate Compact for Juveniles › Section 9-313 - Severability and Construction

Article XII.  Severability and Construction.
(a)    The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
(b)    The provisions of this Compact shall be liberally construed to effectuate its purposes.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 3 - Interstate Compact for Juveniles › Section 9-314 - Binding Effect of Compact and Other Laws

Article XIII.  Binding Effect of Compact and Other Laws.
(a)    (1)    Nothing in this subtitle prevents the enforcement of any other law of a compacting state that is not inconsistent with this Compact.
(2)    All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this Compact are superseded to the extent of the conflict.
(b)    (1)    All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2)    All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3)    Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(4)    In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.