reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Juvenile facility” means a property used for a juvenile program that is:
(1)    operated under the authority of:
(i)    a county or municipal corporation, or both;
(ii)    a for profit organization; or
(iii)    a nonprofit organization; and
(2)    (i)    wholly owned by the entity described in paragraph (1) of this subsection; or
(ii)    leased by the entity if:
1.    the lease is for a minimum term of 30 years after completion of the project or gives the lessee the right of purchase; and
2.    the lessor consents to the recording of a notice of the State’s right of recovery under § 9-405 of this subtitle in the land records of the county in which the facility is located.
(c)    “Juvenile program” means a:
(1)    program that:
(i)    1.    is a group home or institution described under § 9-231 of this title; or
2.    is a home for runaway youths described under § 9-232 of this title; and
(ii)    provides residential services to youth placed by the Department; or
(2)    nonresidential program that under contract to the State provides educational, vocational, recreational, counseling, or other day services to youth.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-402 - Grants

(a)    A county, municipal corporation, for profit organization, or nonprofit organization sponsoring a project involving the planning, design, construction, conversion, acquisition, renovation, and equipping of a juvenile facility in the State may apply to the Department for a grant under this subtitle.
(b)    (1)    An application shall be filed with the Department in the form the Department requires.
(2)    The applicant shall file with the Department a statement that includes:
(i)    a list of the personnel employed or to be employed at the juvenile facility;
(ii)    all compensation and other expenses paid or to be paid to the personnel;
(iii)    all other expenses incurred or to be incurred in operating the juvenile facility; and
(iv)    a schedule of rates charged or to be charged for services provided at the juvenile facility.
(c)    If the Secretary approves the project and the project plans, the Secretary shall promptly:
(1)    report the application to the Board of Public Works; and
(2)    recommend that the Board make funds available as provided in this subtitle.
(d)    The amount of the State grant for a project shall be determined after considering:
(1)    all eligible applications;
(2)    the total of unallocated State funds available when the application is received; and
(3)    the priorities of area need that the Department establishes.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-403 - Allocation of Funds

(a)    The Board of Public Works shall:
(1)    make allocations of funds available for the Juvenile Services Facilities Capital Program in accordance with this subtitle; and
(2)    certify the allocations to the Comptroller and the Treasurer.
(b)    After the Board certifies the allocations, the Treasurer shall make payments to or on behalf of an applicant, when needed, for the project.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-404 - Terms and Conditions of Grants

(a)    (1)    A State grant may be used only to plan, design, construct, convert, acquire, renovate, and equip a juvenile facility, including related reports, plans, specifications, site improvements, surveys, and programs.
(2)    Any available federal or other grant shall be applied first to the cost of planning, design, construction, conversion, acquisition, renovation, or equipping of a juvenile facility.
(3)    A State grant may not exceed 50% of the cost of eligible work remaining unpaid after all federal and other grants have been applied.
(b)    (1)    A State grant may not be used:
(i)    to further sectarian religious instruction;
(ii)    in connection with the design, acquisition, or construction of a building used or to be used as a place of sectarian religious worship or instruction; or
(iii)    in connection with a program or department of divinity for a religious denomination.
(2)    On request of the Board of Public Works, an applicant shall submit evidence satisfactory to the Board that a grant is not being used and has not been used for a purpose prohibited under this section.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-405 - Notice of State's Right of Recovery

(a)    Before any State funds are paid for an approved project, the Department shall cause a notice of the State’s right of recovery to be recorded in the land records of the county in which the property is located.
(b)    The recording of the notice:
(1)    does not create a lien against the property; but
(2)    constitutes notice to any potential transferee, potential creditor, or other interested person that the State may obtain a lien under this subtitle.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-406 - State's Right of Recovery

(a)    The State may recover grant funds paid under this subtitle if, within 30 years after completion of a project, the project property:
(1)    is sold or transferred to a person that:
(i)    would not qualify as an applicant under this subtitle; or
(ii)    the Board of Public Works does not approve as a transferee; or
(2)    ceases to be a juvenile facility.
(b)    The State may recover from the:
(1)    transferor;
(2)    transferee; or
(3)    owner of a property that has ceased to be a juvenile facility.
(c)    The State is entitled to recover the sum of:
(1)    an amount that equals the value of the project property at the time of the recovery multiplied by a fraction:
(i)    the numerator of which is the amount of the State funds for the project; and
(ii)    the denominator of which is the total eligible cost of the project; and
(2)    all costs and reasonable attorney’s fees incurred in the recovery proceedings.
(d)    The Board of Public Works may waive the State’s right of recovery for good cause.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-407 - Procedure for Recovery; Temporary Lien

(a)    (1)    If a default described in § 9-406(a) of this subtitle is alleged, the Secretary of the Board of Public Works may file a civil action under this subtitle in the circuit court of the county in which the property is located against the owner of the property and any other interested parties, including any transferor.
(2)    The initial filing shall include affidavits stating facts on which the allegations of default are based and a detailed justification of the amount claimed.
(b)    (1)    If the court determines from the State’s initial filing that there is probable cause to believe that a default described in § 9–406(a) of this subtitle has occurred, the court shall authorize a temporary lien on the property pending full determination of the State’s claim.
(2)    The temporary lien shall be in the amount of the State’s claim, plus any additional amount estimated to be necessary to cover the costs and reasonable attorney’s fees incurred by the State, or another amount that the court determines is reasonable.
(c)    (1)    The temporary lien takes effect:
(i)    on the date of the court order authorizing the lien if, within 10 days, the Secretary of the Board of Public Works records a notice of temporary lien in the land records of the county in which the property is located; or
(ii)    if the Secretary fails to record the notice within 10 days, on the date the notice of temporary lien is recorded.
(2)    While the temporary lien is in effect, the owner or any person who acquired an interest in the property after the State first made funds available under this subtitle may not take an action that would affect the title to the property or institute proceedings to enforce a security interest or other similar rights in the property, without the prior written consent of the State.
(d)    (1)    The owner or any other interested party may obtain release of the temporary lien at any time by filing with the court a bond securing the payment in full of the amount described in subsection (b)(2) of this section.
(2)    The owner or other interested party may cause the release to be recorded in the land records of the county in which the property is located.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-408 - Priority of Proceedings; Final Judgment; Lien

(a)    Proceedings to determine the State’s right to recover and the amount of its recovery under this subtitle have priority over other civil proceedings in the circuit court.
(b)    (1)    After a full adversary proceeding, if the court finds that a default described in § 9-406(a) of this subtitle has occurred, the court shall issue a final judgment for the amount the court finds to be recoverable by the State.
(2)    All parties involved in the default, including the owner of the property, shall be held jointly and severally liable to the State for the amount of the judgment.
(3)    If the court does not find that a default described in § 9-406(a) of this subtitle has occurred or if the court’s judgment is paid in full to the State within 30 days after the court’s final order, any temporary lien shall be released immediately and the Secretary of the Board of Public Works shall cause the release to be recorded in the land records of the county in which the property is located.
(4)    (i)    If the judgment remains unpaid for more than 30 days after the court’s final order, the amount shall be a lien on the property.
(ii)    Unless the State provides otherwise in a written subordination agreement, the lien is superior to a lien or other interest of any mortgagee, pledgee, purchaser, or judgment creditor whose interest became perfected against third persons after the State awarded a grant.
(c)    (1)    A lien under this section takes effect on the later of:
(i)    the 31st day after the court’s final order if the Secretary of the Board of Public Works records a notice of lien in the land records of the county in which the property is located on or before the 41st day after the final order; or
(ii)    the date a notice of lien is recorded.
(2)    (i)    When the lien takes effect, any temporary lien is automatically and fully released.
(ii)    The recorded notice of the lien constitutes notice of the release of the temporary lien.
(d)    A lien under this section may be enforced and foreclosed in accordance with the Maryland Rules, except that the State or any agent appointed by the State to sell the property does not need to file a bond.
(e)    (1)    The owner or any other interested party may obtain release of a lien under this section by paying to the State the full amount of the judgment entered by the circuit court, and any interest that has accrued from the date of judgment.
(2)    On payment in full, the Secretary of the Board of Public Works shall cause a release to be recorded in the land records of the county in which the property is located.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 4 - Juvenile Services Facilities Capital Program › Section 9-410 - Regulations

(a)    (1)    The Secretary shall adopt regulations to carry out this subtitle.
(2)    The regulations shall require each juvenile facility to submit certified financial statements annually for at least the term of the bonds used to finance any project at that juvenile facility.
(3)    The regulations may require the submission of other reports.
(b)    The Board of Public Works may adopt regulations for:
(1)    receiving applications;
(2)    considering applications; and
(3)    disbursing funds to or on behalf of applicants.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 5 - Juvenile Services Education Board › Section 9-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Juvenile Services Education Board.
(c)    “Residential facility” means any facility listed in § 9–226 of this title.
(d)    “Superintendent” means the Juvenile Services Education Program Superintendent.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 5 - Juvenile Services Education Board › Section 9-502 - Juvenile Services Education Board -- Independent Unit in Department -- Support Services

(a)    There is a Juvenile Services Education Board within the Department.
(b)    Subject to the provisions of this section, the Board is an independent unit within the Department.
(c)    (1)    The Board shall be included as a unit within the Department for purposes of the Department’s annual operating budget.
(2)    The programs overseen by the Board shall be included in the Board’s budget.
(d)    (1)    Subject to paragraph (2) of this subsection, the following support services for the Board shall be provided by existing units in the Department and the cost of any necessary support provided to the Board should be included in the budgets of those units:
(i)    information and technology services;
(ii)    procurement services;
(iii)    fiscal services;
(iv)    capital planning and capital budgeting;
(v)    human resources;
(vi)    facility and office maintenance;
(vii)    research and program evaluation; and
(viii)    investigations and monitoring.
(2)    (i)    The Superintendent shall have exclusive control of the day–to–day operation of juvenile education services.
(ii)    Decisions on the provision of education, including decisions to hire, fire, and assign staff, shall be made exclusively by the Board or the Superintendent, subject to appropriations in the State budget, and the Department has no power to deny or modify an education decision made by the Board or the Superintendent.
(e)    The Board and the Department shall, in accordance with this section, jointly negotiate a memorandum of understanding carefully delineating the duties of each in the provision of juvenile education services.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 5 - Juvenile Services Education Board › Section 9-503 - Board Members -- Educator Member -- Background of Members -- Chair -- Action by Board

(a)    The Board consists of the following members:
(1)    the Secretary;
(2)    the Secretary of Higher Education;
(3)    the State Superintendent of Schools;
(4)    a representative of the Public School Superintendents’ Association of Maryland, appointed by the Governor with the advice and consent of the Senate;
(5)    the Attorney General of the State, or the Attorney General’s designee;
(6)    one educator employed by the State who is engaged in the education of juveniles residing in a residential facility; and
(7)    five members appointed by the Governor with the advice and consent of the Senate.
(b)    (1)    The candidate who receives the highest number of votes in an election by the educators employed by the Department shall be the educator member.
(2)    The term of the educator member is 4 years.
(3)    At the end of a term, the educator member continues to serve until a successor is elected and qualifies.
(4)    The Department shall adopt regulations to conduct the election of the educator member.
(5)    The educator member may not vote on any matter that relates to appeals to the State Board of Education under § 6–202 of the Education Article.
(c)    (1)    To the extent practicable, the appointed members of the Board shall reflect the diversity of the population of juveniles in the State.
(2)    The appointed members of the Board shall possess a high level of knowledge and expertise in at least one of the following areas:
(i)    teaching or educational administration;
(ii)    prior service on the State Board of Education or a county board of education;
(iii)    social work;
(iv)    services for individuals with disabilities;
(v)    working with institutionalized youth;
(vi)    mental or behavioral health services;
(vii)    civil rights law or advocacy;
(viii)    digital learning or online administration; or
(ix)    higher education administration.
(d)    (1)    The term of an appointed member is 4 years.
(2)    At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(3)    An appointed member who is appointed after a term begins serves only for the remainder of the term and until a successor is appointed and qualifies.
(4)    To the extent practicable, the Governor shall fill any vacancy for an appointed member on the Board within 60 days of the vacancy.
(e)    The Governor may remove an appointed member only for cause.
(f)    The Board shall elect from among its members a chair and a vice chair.
(g)    Any action by the Board shall require:
(1)    a quorum of a majority of the voting members then serving; and
(2)    the affirmative vote of a majority of the voting members then serving.
(h)    Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(i)    The Department shall staff the Board.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 5 - Juvenile Services Education Board › Section 9-504 - Board to Oversee All Services to Juveniles in Residential Facility -- Minimum Standards -- Postsecondary Education Programs

(a)    Beginning July 1, 2022, the Board shall oversee and approve all educational services to all juveniles who are in a residential facility.
(b)    The Board shall:
(1)    develop, recommend, and approve for every residential facility an educational training program that:
(i)    meets the special needs and circumstances of the juveniles in the residential facility; and
(ii)    is accredited by an approved accrediting agency;
(2)    in consultation with the Juvenile Justice Monitoring Unit and the Department, develop minimum standards and a reporting structure to measure educational outcomes and assess implementation of the Juvenile Services Education Program;
(3)    review a quality assurance report developed by the Department each quarter; and
(4)    conduct a performance review of the Superintendent at least once every 4 years.
(c)    The Board shall approve postsecondary education programs, including vocational and online programs, that meet the needs of the juveniles in a residential facility.
(d)    The Department may adopt regulations to carry out the requirements of this section.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 5 - Juvenile Services Education Board › Section 9-505 - Monthly Board Meetings -- Quorum -- Recordkeeping

(a)    The Board shall meet publicly in the State at least once per month at the times determined by:
(1)    a majority of the members then serving;
(2)    the chair of the Board; or
(3)    the Secretary.
(b)    A majority of the members then serving constitutes a quorum.
(c)    The Board shall:
(1)    maintain minutes of its meetings and any other records that it considers necessary;
(2)    on request, provide information regarding its budget, activities, and programs; and
(3)    allow time for public comment at each of its meetings.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 5 - Juvenile Services Education Board › Section 9-506 - Juvenile Services Education Program Superintendent -- Duties -- Background -- Salary -- Additional Staff

(a)    The Board shall appoint a Juvenile Services Education Program Superintendent.
(b)    The Superintendent shall:
(1)    implement and administer the educational programs approved by the Board;
(2)    oversee the education of every juvenile in a residential facility;
(3)    meet with and advise the Board about educational programs and outcomes for juveniles;
(4)    select, organize, and direct the staff of the Juvenile Services Education Program;
(5)    ensure that the policies and decisions of the Board are carried out;
(6)    coordinate with the Department to ensure that the operation of juvenile educational services are integrated with the noneducational operations of the Department; and
(7)    perform any other duties assigned by the Board.
(c)    The Superintendent:
(1)    is entitled to the salary provided in the State budget; and
(2)    serves at the pleasure of the Board.
(d)    The Superintendent:
(1)    must be an experienced and competent educator;
(2)    must be a graduate of an accredited college or university;
(3)    must have at least 2 years of special academic and professional graduate preparation in an accredited college or university;
(4)    must have at least 7 years of experience in teaching and administration; and
(5)    may not be a current member of the Board or have been a member of the Board at any time during the year immediately preceding the appointment.
(e)    The Superintendent may hire additional staff, as provided in the State budget, to provide and administer educational services within the Department.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 6 - Juvenile Services Education Program › Section 9-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” has the meaning stated in § 9–501 of this title.
(c)    “Facility” means a building or buildings and related physical infrastructure at a geographically distinct location at which the Department operates a program.
(d)    “Memorandum of understanding” means the memorandum of understanding between the Board and the Department required under § 9–502 of this title.
(e)    “Residential facility” has the meaning stated in § 9–501 of this title.
(f)    “Superintendent” means the Juvenile Services Education Program Superintendent.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 6 - Juvenile Services Education Program › Section 9-603 - Joint Authority and Responsibility -- Program Implemented by Superintendent -- Staffing -- Annual Appropriation

(a)    (1)    Beginning July 1, 2022, the Department and the Board, subject to the memorandum of understanding, jointly shall have the authority and responsibility for implementing the juvenile services educational programs in the State.
(2)    The Superintendent shall provide and oversee educational services to all juveniles in a residential facility.
(b)    The Superintendent shall implement for each residential facility an educational program as approved by the Board that:
(1)    meets the special needs and circumstances of the juveniles in the residential facility; and
(2)    is accredited by an approved accrediting agency.
(c)    (1)    The Department, subject to the memorandum of understanding, shall employ any staff necessary to carry out the Juvenile Services Education Program as provided in the State budget.
(2)    Educational staff in the Department shall be subject to the career ladder and salary provisions under Title 6, Subtitle 10 of the Education Article.
(3)    Notwithstanding any other provisions of law, each teacher in the Juvenile Services Education Program who is employed by the Department is in the professional service in the State Personnel Management System.
(d)    The Department shall adopt regulations to carry out the requirements of this section.
(e)    The Board may authorize the Department to contract with a nonprofit private party or a county board of education to provide educational services for juveniles in a residential facility.
(f)    For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation in an amount sufficient to meet the requirements of this subtitle.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 6 - Juvenile Services Education Program › Section 9-604 - Notification of Educational Rights to Juvenile -- Re-Enrollment of Juvenile in Residential Facility -- Minimum Educational Program -- Possible Waiver of High School Graduation Requirements

(a)    (1)    The Department shall notify a juvenile in custody of the juvenile’s educational rights.
(2)    A juvenile in the custody of the Department who is enrolled in a public school at the time the juvenile is taken into custody may not be disenrolled from that school until after disposition of the juvenile’s case.
(3)    The public school in which a juvenile under paragraph (2) of this subsection is enrolled shall provide the Department with the educational materials necessary for the juvenile to remain current with the juvenile’s educational program at the school in which the juvenile is enrolled.
(4)    (i)    In consultation with the Board and county boards of education, the Superintendent with the aid of the Department shall develop and implement a procedure to transfer a copy of a juvenile’s educational records from the school in which the juvenile is enrolled to a residential facility in which the juvenile is placed.
(ii)    The educational records transferred in accordance with this paragraph shall include a copy of:
1.    an individualized education program;
2.    a 504 plan;
3.    records from an English for Speakers of Other Languages (ESOL) program; and
4.    any other relevant documents and information.
(b)    The Superintendent with the aid of the Department, in consultation with county boards of education, shall develop and implement a procedure for the re–enrollment of a juvenile in a residential facility before the juvenile is released from the custody of the Department.
(c)    The Superintendent shall develop an educational plan for each school–age juvenile in the custody of the Department for more than 4 weeks that:
(1)    is designed to meet the juvenile’s individual needs; and
(2)    ensures that, to the extent practicable, the juvenile is able to seamlessly reintegrate into the juvenile’s home school.
(d)    (1)    The Superintendent shall offer a minimum of 2.5 hours of a postsecondary education program per weekday to juveniles in the custody of the Department who have:
(i)    graduated from high school; or
(ii)    obtained a high school diploma by examination in accordance with § 11–808 of the Labor and Employment Article.
(2)    The Board may authorize the Department to contract with a nonprofit private party, community college, or any other institution of postsecondary education in the State to provide the services required by this subsection.
(e)    Each county board of education may waive all high school graduation requirements, including required coursework, for a juvenile who is committed to the custody of the Department and is subsequently transferred to the local school system while in grade 11 or 12.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 6 - Juvenile Services Education Program › Section 9-605 - Reimbursement of Department for Basic Daily Cost

(a)    In this section, “basic daily cost” means the average amount spent by a county board of education from county and State funds for the public education of a nondisabled child divided by the number of actual school days required for a public school under § 7–103 of the Education Article.
(b)    A county board of education shall reimburse the Department for the basic daily cost for each child who was domiciled in the county prior to placement with the Department if the child:
(1)    is in a facility or residential facility;
(2)    is in the custody of the Department for 15 consecutive days or more;
(3)    does not meet the criteria for shared State and local payment of educational costs as provided in §§ 8–406 and 8–415 of the Education Article; and
(4)    was included in the full–time equivalent enrollment of the county as calculated under § 5–201 of the Education Article.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 6 - Juvenile Services Education Program › Section 9-606 - Annual Report by Superintendent -- Items Included

(a)    (1)    On or before December 1, 2022, and each December 1 thereafter, the Superintendent with the aid of the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the aggregate educational outcomes of the programs required by this subtitle at each residential facility.
(2)    The Superintendent’s report shall include:
(i)    student outcomes;
(ii)    external organizational partnerships; and
(iii)    transitions between enrollment in public school and the custody of the Department.
(3)    The Superintendent shall report the information required under paragraph (2) of this subsection in the aggregate and disaggregated by:
(i)    race;
(ii)    ethnicity;
(iii)    gender;
(iv)    English proficiency status;
(v)    disability status; and
(vi)    familial income.
(b)    The Board shall be subject to:
(1)    investigation by the Maryland Office of the Inspector General for Education; and
(2)    oversight and monitoring by the State Department of Education and State Board of Education.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 6 - Juvenile Services Education Program › Section 9-607 - Evaluation of Educational Services Provided to Juveniles in Residential Facilities -- Items Studied -- Report

(a)    (1)    On or before January 1, 2024, the Department shall contract with a public or private entity to conduct an empirical evaluation of the Board’s, the Superintendent’s, and the Department’s policies and practices regarding the educational services provided to juveniles in residential facilities.
(2)    In conducting the study required under this subsection, the entity with which the Department contracts shall review the effectiveness of the Board’s, the Superintendent’s, and the Department’s current policies and practices, including:
(i)    student educational outcomes;
(ii)    whether the educational plans required under § 9–604(c) of this subtitle are meeting juvenile needs;
(iii)    student disciplinary outcomes;
(iv)    how efficiently students transition between enrollment in public school and the custody of the Department, including:
1.    how well educational records are transferred between the Department and county boards;
2.    how efficiently juveniles are re–enrolled in public school after being released from the custody of the Department; and
3.    how well the education the juvenile receives while under the custody of the Department matches with the education received in the juvenile’s public school;
(v)    the quality of the curriculum;
(vi)    how conducive the educational setting is to learning; and
(vii)    access to mental health services.
(3)    The entity with which the Department contracts shall, after completing its review, develop recommendations to improve the education delivered under this subtitle.
(b)    On or before October 1, 2026, the entity with which the Department contracts shall report its findings and recommendations to the Department, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
2023 Maryland Statutes › Human Services › Title 9 - Juvenile Services › Subtitle 6 - Juvenile Services Education Program › Section 9-608 - Evaluation Conducted by Office

(a)    In this section, “Office” has the meaning stated in § 8–401 of the State Government Article.
(b)    The Office shall conduct an evaluation of the Board and the Superintendent, in accordance with § 8–404 of the State Government Article, on or before:
(1)    July 1, 2027; and
(2)    July 1, 2030.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 1 - Definitions › Section 10-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Area agency” means the local agency that the Department designates in accordance with the Older Americans Act of 1965 to administer the delivery of a comprehensive and coordinated plan of social and other services and activities for seniors in a planning and service area.
(c)    “Community for a Lifetime” means a community certified under § 10–804 of this title.
(d)    “Congregate housing services” means services provided in an apartment building that promote independent living for an eligible individual.
(e)    “Department” means the Department of Aging.
(f)    “Interagency Committee” means the unit established in § 10–301 of this title to oversee the coordination and consolidation of services for seniors in the State.
(g)    “Planning and service area” means an area of the State that the Department designates in accordance with the Older Americans Act of 1965 for the planning and administration of social, health, and other services for seniors.
(h)    “Secretary” means the Secretary of Aging.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-202 - Secretary

(a)    (1)    With the advice and consent of the Senate, the Governor shall appoint the Secretary of Aging.
(2)    The Secretary is the head of the Department.
(b)    Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.
(2)    The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.
(d)    The Secretary is entitled to the compensation provided in the State budget.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-203 - Administration of Department

(a)    The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department.
(b)    The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-204 - Duties of Secretary

(a)    The Secretary shall administer:
(1)    the programs and activities that the federal government delegates to the State under the Older Americans Act of 1965 that are not otherwise committed by law to another unit of State government; and
(2)    the federal Commodity Supplemental Food Program with funds and resources received from the United States Department of Agriculture under 7 C.F.R. 247.
(b)    The Secretary:
(1)    is a member of the Governor’s Executive Council; and
(2)    shall cooperate with and receive the cooperation of State, federal, and local governmental units to carry out the purposes of this title.
(c)    The Secretary shall:
(1)    evaluate the service needs of seniors in the State;
(2)    determine the extent to which existing public and private programs meet the needs of seniors;
(3)    establish priorities for meeting the needs of seniors;
(4)    coordinate, subject to existing law, assess and evaluate, and educate the public and professionals about all State and local programs and services, both public and private, that relate and are important to the well–being of seniors in the State, including programs and services in the areas of:
(i)    income maintenance;
(ii)    public health;
(iii)    mental health;
(iv)    housing and urban development;
(v)    employment;
(vi)    education;
(vii)    recreation; and
(viii)    rehabilitation of seniors with physical or mental disabilities; and
(5)    develop a statewide plan incorporating local plans for a comprehensive and coordinated system of health, social, and community services for seniors, including housing and institutional and noninstitutional care.
(d)    The Secretary shall:
(1)    represent the interests of seniors by serving as an advocate at all levels of government;
(2)    consult with and advise the secretaries of the principal departments of State government about the programs and services for seniors that are the primary responsibility of those departments;
(3)    consult with the Commission on Aging on all matters pertaining to programs for seniors;
(4)    provide consultation and technical assistance to communities and civic groups developing local services for seniors;
(5)    maintain a clearinghouse of information related to the interests of seniors; and
(6)    review and recommend policies to the Governor on publicly funded plans and programs that affect seniors.
(e)    The Secretary may adopt regulations to carry out the provisions of law that are within the jurisdiction of the Secretary.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-205 - Funding

(a)    The Secretary shall prepare and submit a budget for the Department.
(b)    The Secretary may accept and use any State or federal funds for the purposes specified in this title.
(c)    The Secretary may accept and use any federal or private grant funds if:
(1)    the grant is for purposes that will benefit Maryland’s older adults; and
(2)    the grant funds are accepted and accounted for in accordance with the State Finance and Procurement Article.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-206 - Annual Report

(a)    On or before January 1 each year, the Secretary shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.
(b)    The report required under subsection (a) of this section shall include:
(1)    with the advice and recommendation of the Commission on Aging:
(i)    a description of the senior citizen activities centers in each county;
(ii)    the allocation and use of funds made available for senior citizen activities centers;
(iii)    the results of any studies; and
(iv)    any recommendations for legislation; and
(2)    information regarding the operation and performance of accessible housing services counseling provided by the Aging and Disability Resource Center Program.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-208 - Commission on Aging

(a)    There is a Commission on Aging in the Department.
(b)    (1)    The Commission consists of 13 members appointed by the Governor as follows:
(i)    1 shall be a member of the Senate of Maryland, who may not vote;
(ii)    1 shall be a member of the Maryland House of Delegates, who may not vote; and
(iii)    11 shall be selected to reflect the geographic diversity of the State and because of their interest in the needs of seniors.
(2)    At least 7 members shall be at least 55 years old.
(c)    (1)    The term of a member of the Commission is 4 years.
(2)    The terms of members appointed under subsection (b)(1)(iii) of this section are staggered as required by the terms provided for members of the Commission on October 1, 2007.
(3)    A member of the Commission appointed under subsection (b)(1)(iii) of this section may not serve more than two consecutive terms.
(4)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(d)    From among the members of the Commission, the Governor shall designate a chair.
(e)    A member of the Commission:
(1)    may not receive compensation as a member of the Commission; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.
(f)    The Commission shall:
(1)    exercise the powers and perform the duties specified in this title;
(2)    review:
(i)    ongoing statewide programs and activities for seniors; and
(ii)    new statewide programs for seniors before the programs are implemented; and
(3)    make recommendations to the Secretary about statewide programs and activities for seniors.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-209 - Congregate Housing Services

(a)    (1)    The Secretary shall develop congregate housing services programs for seniors in conjunction with:
(i)    public or private for profit or nonprofit corporations; or
(ii)    State or federal units.
(2)    Congregate housing services shall include congregate meals, housekeeping, and personal services.
(b)    (1)    An individual is eligible for congregate housing services if the individual is at least 62 years old and has temporary or periodic difficulty with one or more essential activities of daily living, such as feeding, bathing, grooming, dressing, or transferring.
(2)    The spouse of an individual described in paragraph (1) of this subsection is eligible for congregate housing services if the spouse is at least 55 years old and has temporary or periodic difficulty with one or more essential activities of daily living, such as feeding, bathing, grooming, dressing, or transferring.
(c)    The Secretary shall:
(1)    make maximum use of rent and other subsidies available from federal and State sources;
(2)    provide for subsidies necessary from State general funds to assist low-income seniors to reside in congregate housing as an alternative to more costly institutional care that is not required;
(3)    find sponsors or managers for congregate housing services programs;
(4)    assist developers in formulating design concepts and meeting program needs; and
(5)    when necessary, provide subsidies for congregate meals, housekeeping, and personal services in congregate housing services programs and develop eligibility requirements for the subsidies.
(d)    The Secretary shall adopt regulations to:
(1)    govern the certification and operation of congregate housing services programs; and
(2)    provide for investigations of criminal records of congregate housing services providers and employees under subsection (e) of this section.
(e)    The Secretary is authorized to conduct federal and State criminal background investigations of providers of congregate housing services programs and their employees.
(f)    (1)    A congregate housing services program must be certified by the Secretary.
(2)    The Secretary shall review the compliance of congregate housing services programs with the regulations governing their certification and operation.
(3)    Before the Secretary may certify or renew the certification of a provider of congregate housing services for seniors with Alzheimer’s disease and related disorders, the provider shall have an in-service education program that includes instruction on dementia and the techniques necessary to manage patients with physical, intellectual, and behavioral manifestations of dementia.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-211 - Assisted Living Programs

(a)    In this section, “assisted living program” has the meaning stated in § 19–1801 of the Health – General Article.
(b)    The Secretary shall develop assisted living programs for seniors in conjunction with:
(1)    public or private for profit or nonprofit corporations; or
(2)    State or federal units.
(c)    (1)    The Secretary shall:
(i)    make maximum use of rent and other subsidies available from federal and State sources; and
(ii)    provide for and set, by regulation, the amount of subsidies necessary from State general funds to assist low–income seniors to reside in assisted living programs as an alternative to more costly institutional care that is not required.
(2)    Subsidies under paragraph (1)(ii) of this subsection may include, when necessary and in accordance with available funds, monthly subsidies for residents of assisted living programs whose adjusted gross annual income is less than their cost of care for assisted living services.
(3)    When necessary and in accordance with available funds, the Secretary shall provide subsidies for congregate meals, housekeeping, and personal services for assisted living programs and develop eligibility requirements for these subsidies.
(4)    The Secretary shall adopt regulations to govern eligibility requirements for subsidies.
(d)    The Secretary shall:
(1)    find sponsors for assisted living programs; and
(2)    assist developers in formulating design concepts and meeting program needs.
(e)    The Secretary shall review the compliance of assisted living programs with the regulations that the Secretary of Health adopts for licensing these programs to operate in the State.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 2 - Department of Aging › Section 10-214 - Unclaimed Deceased Nursing Home Residents

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Nursing home” means comprehensive care facilities and extended care facilities.
(3)    “Unclaimed deceased nursing home resident” means a resident of a nursing home:
(i)    who has not prearranged and prepaid for the disposal of the resident’s body; and
(ii)    for whom no person has claimed the body and assumed funeral or burial responsibility on the death of the resident.
(b)    The Secretary shall adopt regulations establishing guidelines for nursing home administrators regarding funeral and burial arrangements for unclaimed deceased nursing home residents:
(1)    consistent with § 5-406 of the Health - General Article; and
(2)    with the cooperation of the State Anatomy Board.
(c)    A nursing home administrator shall:
(1)    immediately notify the Department of the death of an unclaimed deceased nursing home resident; and
(2)    obtain the approval of the Department before burying or making funeral arrangements for the unclaimed deceased nursing home resident.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 3 - Interagency Committee on Aging Services › Section 10-302 - Membership

(a)    The Interagency Committee consists of the following members:
(1)    the Secretary of Aging;
(2)    the Secretary of Disabilities;
(3)    the Secretary of Health;
(4)    the Secretary of Housing and Community Development;
(5)    the Secretary of Human Services;
(6)    the Secretary of Labor;
(7)    the Secretary of Transportation;
(8)    the Secretary of Veterans Affairs;
(9)    the Director of the Governor’s Office of the Deaf and Hard of Hearing;
(10)    the Chair of the Commission on Aging;
(11)    a representative from an area agency appointed by the Governor from a list submitted by the Maryland Association of Area Agencies on Aging; and
(12)    a member of the public appointed by the Governor.
(b)    (1)    The term of a member appointed by the Governor under subsection (a)(11) or (12) of this section is 2 years.
(2)    A member appointed by the Governor under subsection (a)(11) or (12) of this section may not be reappointed for more than 2 additional terms.
2023 Maryland Statutes › Human Services › Title 10 - Department of Aging › Subtitle 3 - Interagency Committee on Aging Services › Section 10-304 - Executive Director; Liaisons

(a)    (1)    An Executive Director shall serve as the principal staff of the Interagency Committee.
(2)    The Executive Director shall be an employee of the Department.
(b)    Each member of the Interagency Committee listed in § 10-302(a)(1) through (7) of this subtitle shall designate an employee as liaison with the Executive Director to:
(1)    implement policies of the Interagency Committee; and
(2)    monitor the expenditure of funds to serve seniors.