reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-525.2 - Out-of-Home Placement and Foster Care -- Sibling Placement and Visitation Rights

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Sibling” means a brother or sister of the whole or half blood or by adoption.
(3)    “Treatment foster care home” means an out–of–home placement facility that is part of a program designed and implemented by a child placement agency to provide intensive casework and treatment in a family setting to children with special physical, emotional, or behavioral needs.
(b)    (1)    A local department shall place together siblings who are in an out–of–home placement under § 5–525 of this subtitle if:
(i)    it is in the best interests of the siblings to be placed together; and
(ii)    placement of the siblings together does not conflict with a specific health or safety regulation.
(2)    If placement of the siblings together conflicts with a specific health or safety regulation, the local department may place the siblings together if the local department makes a written finding describing how placement of the siblings together serves the best interests of the siblings.
(3)    Notwithstanding any other provision of law, in order to place siblings together the local department may place more than two children who require treatment in an eligible treatment foster care home if:
(i)    the local department makes a written finding explaining why placement of the siblings together:
1.    is in the best interests of the siblings; and
2.    will not harm other children placed at the same treatment foster care home; and
(ii)    the local department notifies the Administration of the placement.
(c)    (1)    Any siblings who are separated due to a foster care or adoptive placement may petition a court, including a juvenile court with jurisdiction over one or more of the siblings, for reasonable sibling visitation rights.
(2)    If a petitioner under this subsection petitions a court to issue a visitation decree or to amend an order, the court:
(i)    may hold a hearing to determine whether visitation is in the best interest of the children;
(ii)    shall weigh the relative interests of each child and base its decision on the best interests of the children promoting the greatest welfare and least harm to the children; and
(iii)    may issue an appropriate order or decree.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-526 - Out-of-Home Placement and Foster Care -- Provision of Services Through Group Homes and Institutions

(a)    (1)    The Department shall provide for the care, diagnosis, training, education, and rehabilitation of children by placing them in group homes and institutions that are operated by for-profit or nonprofit charitable corporations.
(2)    Any group home utilized under the provisions of this section shall comply with the provisions of §§ 5-507 through 5-509 of this subtitle and § 7-309 of the Education Article.
(3)    The department that licenses the group home shall notify any group home utilized under the provisions of this section of the requirements of § 7-309 of the Education Article.
(b)    (1)    The Department shall reimburse these corporations for the cost of these services at appropriate monthly rates that the Department determines, as provided in the State budget.
(2)    The reimbursement rate may differ between homes and institutions that provide intermediate services, as defined by the Department, and homes and institutions that provide full services.
(c)    The Department, or the Department’s designee, may not place a child in a residential group home or other facility that is not operating in compliance with applicable State licensing laws.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-527 - Out-of-Home Placement and Foster Care -- Rates

(a)    The Department shall adopt rules and regulations that establish eligibility guidelines for payment for foster care for 1 or more classes of children, including children who are in need of special care.
(b)    (1)    For a child who does not need special care, the Department shall pay for foster care in a single family home at a monthly rate that is not less than 55% of the monthly rate provided in subsection (c) of this section for a child who requires the most demanding special care in a single family home.
(2)    The monthly rate shall include increments based on the age of the child.
(c)    The Department shall pay for foster care for a child who needs the most demanding special care in a single family home at a monthly rate that is not less than the higher of:
(1)    the rate that the Department paid in fiscal year 1975; and
(2)    the rate that the Department of Juvenile Services pays for the current fiscal year.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-528 - Out-of-Home Placement and Foster Care -- Reimbursement for Medical Costs

If the costs are not reimbursable under the Maryland Medical Assistance Program, the Department shall reimburse a foster care provider for payment of the following medical costs for a child under foster care:
(1)    prescription drugs;
(2)    nonprescription drugs that are recommended by a physician;
(3)    replacement of eyeglasses; and
(4)    any other service that was covered by regulations under the Maryland Medical Assistance Program on December 31, 1975.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-529 - Out-of-Home Placement and Foster Care -- Liability Insurance and Reimbursement for Loss to Foster Parents

(a)    In this section, “foster parent” includes an individual who cares for a minor child on an emergency basis under a shelter care program.
(b)    (1)    The Administration shall provide liability insurance for foster parents who care for children under foster parent programs.
(2)    The liability insurance shall provide coverage for:
(i)    bodily injury and property damage that a foster child causes to a person or the property of a person other than a foster parent; and
(ii)    actions against a foster parent by a natural parent for any accident to the child.
(3)    The Administration may establish a reasonable deductible limit.
(c)    (1)    Subject to the provisions of this section, the Secretary of Human Services shall reimburse a foster parent for costs of bodily injury or property damage that the child causes to the foster parent and that insurance does not cover.
(2)    Before reimbursement under this subsection, the Secretary of Human Services shall be satisfied that the actions of the foster parent did not contribute substantially to the bodily injury or property damage sustained.
(3)    Reimbursement under this subsection shall be made for all costs to a maximum amount of $5,000. However, all payments in excess of $2,000 require the approval of the Board of Public Works.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-530 - Out-of-Home Placement and Foster Care -- Adoption of Child Under Foster Care

(a)    The Department may contribute to the support of a child formerly under foster care after the child is adopted.
(b)    The support may include payment for:
(1)    maintenance costs;
(2)    medical, dental, and surgical expenses;
(3)    psychiatric and psychological expenses; and
(4)    any other cost necessary for the child’s care and well-being.
(c)    The amount and duration of the support may vary according to the needs of the child and the income of the adoptive parents.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-531 - Out-of-Home Placement and Foster Care -- Payment of Funeral Expenses

(a)    A local department may pay reasonable funeral expenses, not exceeding $650, for a child who was receiving foster care under this subtitle, if:
(1)    no individual who was legally responsible for the support of the child is able to pay; and
(2)    other resources, including insurance benefits or the child’s estate, are insufficient.
(b)    The cost of funeral expenses shall be charged to State funds.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-532 - Rules and Regulations

(a)    The Administration shall adopt rules and regulations to carry out the child welfare services and foster care programs under this subtitle.
(b)    The regulations shall authorize the Administration to:
(1)    conduct a background check of child support arrearages on an applicant for foster home approval who is also a biological or adoptive parent;
(2)    consider any child support arrearage in determining whether to approve or disapprove the application; and
(3)    notify the appropriate criminal or juvenile delinquency court if the Administration has information indicating that the child’s interests as a victim are not adequately protected in a case before the court.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-533 - Health Care Services by Residential Facilities for Children

(a)    (1)    In this section, “residential facility for children” means a public or private facility that provides shelter for minors for more than 30 consecutive days in an out-of-home placement.
(2)    “Residential facility for children” includes:
(i)    a child care institution or child care home licensed under this title;
(ii)    a group home, runaway home, residential treatment program, or independent living program;
(iii)    a State facility;
(iv)    a certified drug abuse facility; or
(v)    a certified alcohol abuse facility.
(3)    “Residential facility for children” does not include:
(i)    a foster care home;
(ii)    a hospital, hospice, or medical care facility; or
(iii)    a regional institute for children and adolescents.
(b)    (1)    A residential facility for children shall maintain contracts or other agreements with appropriate health care providers to provide the following health care services for each child who resides in the facility for more than 30 consecutive days:
(i)    a physical examination and necessary medical treatment; and
(ii)    appropriate mental health services.
(2)    Within 30 days after a child is placed in a residential facility for children the residential facility shall ensure that a health care provider:
(i)    conducts a physical examination of the child; and
(ii)    provides a report on the findings of the examination to the residential facility for children where the child resides.
(c)    (1)    Upon the finding of a court of competent jurisdiction, a residential facility for children that violates this section shall be fined $25 per day per child for each day that the violation exists.
(2)    If a fine is imposed on a residential facility for children, the director or the administrator of the residential facility for children may be liable for payment of the fine.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part III - Child Welfare Services; Foster Care › Section 5-534 - Kinship Care Program

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Kinship caregiver” means an individual:
(i)    with whom a child who is in the care, custody, or guardianship of the local department may be placed for temporary or long–term care other than adoption; and
(ii)    who is approved by the local department under subsection (e) of this section.
(3)    “Kinship parent” means an individual who is related by blood or marriage within five degrees of consanguinity or affinity under the civil law rule to a child who is in the care, custody, or guardianship of the local department and with whom the child may be placed for temporary or long–term care other than adoption.
(b)    The Administration shall establish a kinship care program.
(c)    (1)    In selecting a placement that is in the best interests of a child in need of out–of–home placement, the local department shall, as a first priority, attempt to place the child with a kinship parent.
(2)    The local department shall exhaust all reasonable resources to locate a kinship parent for initial placement of the child.
(3)    If no kinship parent is located at the time of the initial placement:
(i)    except as provided in item (ii) of this paragraph, the child shall be placed in a foster care setting; or
(ii)    as an alternative to foster care, the local department may place the child for initial placement with a kinship caregiver.
(4)    If a kinship parent or a kinship caregiver is located subsequent to the placement of a child in a foster care setting, the local department may, if it is in the best interest of the child, place the child with the kinship parent or kinship caregiver.
(d)    (1)    A kinship parent may not be under the age of 18 years.
(2)    A kinship caregiver may not be under the age of 21 years.
(e)    (1)    The local department may approve an individual as a kinship caregiver only if:
(i)    the individual is related to the child by blood or marriage beyond five degrees of consanguinity or affinity under the civil law or rule or is a close family friend of the child or the child’s family;
(ii)    the individual has a strong familial or other significant bond to the child or the child’s family;
(iii)    the individual has maintained regular contact with the child or the child’s family sufficient to demonstrate strong familiarity with the child’s activities and daily needs; and
(iv)    placement with the individual is in the child’s best interest.
(2)    A prospective kinship caregiver shall submit to the local department an affidavit that includes specific facts to enable the local department to determine whether the individual meets the criteria specified in paragraph (1) of this subsection.
(f)    The Administration shall adopt regulations to implement this section that are consistent with the provisions of this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-536 - State Board -- Membership

(a)    (1)    The State Board consists of 11 members.
(2)    Of the 11 members:
(i)    1 shall be appointed by the Governor from the Governor’s staff;
(ii)    3 shall be from the eighth judicial circuit, to be chosen by and from among the members of the local boards in the circuit; and
(iii)    1 shall be from each of the remaining judicial circuits, to be chosen by and from among the members of the local boards in the respective circuits.
(b)    (1)    The term of a member is 2 years.
(2)    A member may not serve on the State Board beyond the completion of the term of the member on the local board.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    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.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-537 - State Board -- Chair and Vice Chair

(a)    From among its members, the State Board shall elect a chair and a vice chair by majority vote.
(b)    (1)    The terms of the chair and vice chair are 2 years.
(2)    At the end of a term, the chair or vice chair continues to serve until a successor is elected.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-538 - State Board -- Meetings; Compensation; Staff

(a)    The State Board shall meet not less than once every 3 months and more frequently on the call of the chair.
(b)    A member of the State Board:
(1)    may not receive compensation; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    The State Board may employ a staff in accordance with the State budget.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-539 - State Board -- Powers and Duties

(a)    The State Board may adopt policies and procedures that:
(1)    relate to the functions of the local boards; and
(2)    are consistent with the goals set forth in § 5–544 of this subtitle.
(b)    The State Board shall:
(1)    provide a training program for members of the local boards and local citizens review panels;
(2)    review and coordinate the activities of the local boards;
(3)    adopt policies and procedures that relate to reports and any other information that is required for any public or private agency or institution;
(4)    make recommendations to the Secretary of Human Services and the General Assembly regarding:
(i)    the response of the State to child abuse and neglect; and
(ii)    out–of–home care policies, procedures, and practices; and
(5)    report to the Secretary of Human Services and, subject to § 2–1257 of the State Government Article, the General Assembly on the first day of each year on the status of children in out–of–home placement in this State.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-539.2 - Local Citizens Review Panels

(a)    (1)    A local government may establish a local citizens review panel to assist and advise the State Board and the State Council on Child Abuse and Neglect.
(2)    Two or more counties may establish a multicounty local citizens review panel, in accordance with a memorandum of understanding executed by the governing bodies of each participating county.
(b)    Except as provided in subsection (c)(2) of this section, the members and chair of a local citizens review panel shall be appointed by the local governing body.
(c)    Membership on a local citizens review panel shall be representative of the local jurisdiction and include:
(1)    individuals with expertise in the prevention and treatment of child abuse and neglect, such as child advocates, volunteers of the court–appointed special advocate program, attorneys who represent children, parent and consumer representatives, law enforcement representatives, and health, human, and educational services professionals; and
(2)    one member from the local jurisdiction, who is appointed by the State Board and one who is appointed by the State Council on Child Abuse and Neglect.
(d)    (1)    The term of a member is 4 years.
(2)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(e)    A local panel shall:
(1)    evaluate the extent to which State and local agencies in that jurisdiction are effectively fulfilling their responsibilities in accordance with the child protection standards and the State plan under 42 U.S.C. § 5106a(b) and any other criteria that the panel considers important for the protection of children;
(2)    issue reports on its findings to the State Board and the State Council on Child Abuse and Neglect; and
(3)    carry out case reviews and other duties as requested to assist the State Board and the State Council on Child Abuse and Neglect.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-539.3 - Prohibitions

(a)    The members of the State Board and the Board’s designees and staff:
(1)    may not disclose to any person or government official any identifying information about any specific child protection case about which the State Board is provided information; and
(2)    may make public other information unless prohibited by law.
(b)    In addition to any other penalties provided by law, the Secretary of Human Services may impose on any person who violates subsection (a) of this section a civil penalty not exceeding $500 for each violation.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-540 - Local Boards -- Established

(a)    Except as provided in subsection (b) of this section, there shall be at least 1 local board of review for minor children in out–of–home care in each county.
(b)    Instead of a local board in each county, 2 or more counties may agree to establish a single multicounty local board in accordance with a memorandum of understanding executed by the participating counties.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-541 - Local Boards -- Membership

(a)    (1)    A local board consists of 7 members appointed by the Governor.
(2)    If a single multicounty local board is established for 2 or more counties, and if it is necessary that 1 or more of those counties have a greater number of members on the local board in order for the local board to have 7 members, the greater number of members shall be appointed from the counties that have the largest out–of–home care populations, in order of the size of the out–of–home care populations.
(b)    (1)    Each member of a local board shall be a resident of a county that is served by the local board.
(2)    Each member of a local board shall:
(i)    be a citizen who has demonstrated an interest in minor children through community service, professional experience, or similar activities; or
(ii)    have a background in law, sociology, psychology, psychiatry, education, social work, or medicine.
(c)    (1)    The term of a member is 4 years.
(2)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(3)    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.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-543 - Local Boards or Local Panels -- Compensation; Confidentiality

(a)    A member of a local board or local panel may not receive compensation.
(b)    Each member of a local board or local panel is subject to the same standards of confidentiality as an employee of the Administration.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-544 - Local Boards -- Goals

The goals of each local board are:
(1)    as to minor children who reside in out–of–home care under the jurisdiction of a local department, to conduct case reviews and individual child advocacy activities in accordance with those case reviews under the protocols established by the State Board;
(2)    in cooperation with other local boards, if any, in the county, to make recommendations regarding how the out–of–home care system may be improved;
(3)    to coordinate its findings and recommendations under item (2) of this section with a local citizens review panel serving the county;
(4)    to meet with the director of the local department and the judge in charge of the juvenile court in the county to discuss the board’s findings and recommendations; and
(5)    to assist the State Board in holding community forums as required in § 5–539.1 of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part IV - Out-of-Home Placement Review Boards › Section 5-547 - Construction

This Part IV of this subtitle:
(1)    may not be construed to restrict or alter the authority of any public or private agency or institution that deals with out–of–home placement, adoption, or related matters; and
(2)    is related to and should be read in relation to Subtitle 13 of this title and §§ 5–524, 5–525, 5–525.1, and 5–534 of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-550 - Definitions

(a)    In this Part V of this subtitle the following words have the meanings indicated.
(b)    “Conviction” means a plea or verdict of guilty or a plea of nolo contendere.
(c)    “Department” means the Department of Public Safety and Correctional Services.
(d)    (1)    “Employee” means a person that for compensation is employed to work in a facility identified in § 5–551 of this subtitle and who:
(i)    cares for or supervises children in the facility; or
(ii)    has access to children who are cared for or supervised in the facility.
(2)    “Employee” includes a person who:
(i)    participates in a pool described in subsection (e)(2) of this section;
(ii)    for compensation will be employed on a substitute or temporary basis to work in a facility identified in § 5–551(b)(1) or (2) of this subtitle; and
(iii)    will care for or supervise children in the facility or will have access to children who are cared for or supervised in the facility.
(3)    “Employee” does not include any person employed to work for compensation by the Department of Juvenile Services.
(e)    (1)    “Employer” means an owner, operator, proprietor, or manager of a facility identified in § 5–551 of this subtitle who has frequent contact with children who are cared for or supervised in the facility.
(2)    For purposes of §§ 5–551(g), 5–554(a)(2)(i) and (c)(1)(i) and (2), and 5–557 of this subtitle, “employer” includes a child care resource and referral center, an association of registered family child care providers, and an association of licensed child care centers to the extent that the center or association establishes and maintains a pool of individuals who are qualified to work as substitute or temporary employees in a facility identified in § 5–551(b)(1) or (2) of this subtitle.
(3)    “Employer” does not include a State or local agency responsible for the temporary or permanent placement of children in a facility identified in § 5–551 of this subtitle.
(f)    “Private entity” means a nongovernmental agency, organization, or employer.
(g)    “Secretary” means the Secretary of Public Safety and Correctional Services.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-552 - Printed Statement

(a)    (1)    On or before the 1st day of actual employment, an employee shall apply to the Department for a printed statement.
(2)    On or before the 1st day of actual operation of a facility identified in § 5–551 of this subtitle, an employer shall apply to the Department for a printed statement.
(3)    (i)    Before an individual may be approved to provide or to continue providing informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations, the individual shall apply to the Department for a printed statement.
(ii)    An individual who was approved before January 1, 2014, to provide informal child care and who intends to continue providing informal child care on or after that date has until June 30, 2014, to apply to the Department for a printed statement.
(4)    Within 5 days after a local department places a child who is committed to the local department with an adult relative, an individual identified in § 5–551(c) or (e) of this subtitle shall apply to the Department for a printed statement.
(b)    As part of the application for a criminal history records check, the employee, employer, and individual identified in § 5–551(c), (d), (e), or (f) of this subtitle shall submit:
(1)    except as provided in subsection (c) of this section, a complete set of legible fingerprints at any designated State or local law enforcement office in the State or other location approved by the Department;
(2)    the disclosure statement required under § 5–553 of this subtitle; and
(3)    payment for the costs of the criminal history records check.
(c)    The requirement that a complete set of legible fingerprints be submitted as part of the application for a criminal history records check may be waived by the Department if:
(1)    the application is submitted by a person who has attempted to have a complete set of fingerprints taken on at least 2 occasions;
(2)    the taking of a complete set of legible fingerprints is not possible because of a physical or medical condition of the person’s fingers or hands;
(3)    the person submits documentation satisfactory to the Department of the requirements of this subsection; and
(4)    the person submits the other information required for a criminal history records check.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-553 - Prior Criminal Offenses

As part of the application process for a criminal history records check, the employee, employer, and individual identified in § 5–551(c), (d), (e), or (f) of this subtitle shall complete and sign a sworn statement or affirmation disclosing the existence of a criminal conviction, probation before judgment disposition, not criminally responsible disposition, or pending criminal charges without a final disposition.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-554.1 - Cross-Reference Check

The State Department of Education shall conduct a cross–reference check, including cross–referencing the individual and the individual’s address, with the central registry of registrants transmitted weekly by the Department under § 11–713 of the Criminal Procedure Article, of:
(1)    an employee, employer, or individual identified in § 5–551(b)(1), (b)(2), or (c)(5)(i) of this subtitle; and
(2)    an individual who provides or agrees to provide informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-555 - Criminal History Records Check

An individual may contest the finding of a criminal conviction, a probation before judgment disposition, a not criminally responsible disposition, or pending charge reported in a printed statement in accordance with §§ 10–223 through 10–228 of the Criminal Procedure Article.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-556 - Failure to Disclose Prior Conviction or Existence of Pending Charge

(a)    An individual who fails to disclose a conviction, a probation before judgment disposition, a not criminally responsible disposition, or the existence of pending charges for a criminal offense or attempted criminal offense as required under § 5–553 of this subtitle shall be guilty of perjury and upon conviction is subject to the penalty provided by law.
(b)    Unless otherwise provided, a person who violates any provision of this Part V of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-557 - Immunity From Civil or Criminal Liability

The following governmental units or persons shall have the immunity from civil or criminal liability described under § 5–619 of the Courts Article in connection with a criminal history records check under this Part V of this subtitle:
(1)    an employer; and
(2)    a State or local agency, including a local department.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-558 - Duties of Secretary

On or before August 15, 1986, the Secretary shall:
(1)    provide for the adoption of a specified form or forms to be used in applying for the criminal history records check to be issued by the Department, including an appropriate disclosure statement;
(2)    designate the appropriate State or local law enforcement offices in the State, or other approved locations, where fingerprints may be obtained and application for a criminal history records check may be made; and
(3)    adopt rules and regulations necessary and reasonable to administer this Part V of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 5 - Child Care; Foster Care › Part V - Criminal Background Investigations for Employees of Facilities and Other Individuals That Care for or Supervise Children › Section 5-559 - Criminal History Records Checks in Emergency Out-of-Home Placements

(a)    In this section, “emergency out–of–home placement” means an out–of–home placement in which a local department places a child in the home of a private individual, including a neighbor, friend, or relative, as a result of a sudden unavailability of the child’s primary caretaker.
(b)    (1)    If a child is placed in an emergency out–of–home placement, a local department may request that a designated State or local law enforcement agency in the State or other location approved by the Department perform a federal name–based check on any individual described in § 5–551(c)(4), (5)(iii), and (7)(ii) of this subtitle.
(2)    The designated agency described in paragraph (1) of this subsection may provide the results of the name–based check to the local department.
(3)    Within 15 calendar days after the local department receives the results of the name–based check, the local department shall submit a complete set of fingerprints to the Department for each individual described in paragraph (1) of this subsection on whom a name–based check was performed.
(4)    Within 15 calendar days after the date on which the name–based check was performed, the Department shall perform a criminal history records check, in accordance with § 5–554 of this subtitle.
(c)    A child shall be removed immediately from an emergency out–of–home placement if any individual required to submit to a name–based check fails to comply with this section.
(d)    When the placement of a child in a home is denied as a result of a name–based criminal history records check of an individual and the individual contests that denial, the individual shall submit to the local department:
(1)    a complete set of fingerprints; and
(2)    written permission allowing the local department to forward the fingerprints to the Department for submission to the Federal Bureau of Investigation.
(e)    An individual who is required to submit to a criminal history records check under this section shall pay the fees required under § 5–551(h) of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-601 - Compact Entered Into; General Provisions

The Interstate Compact on the Placement of Children is hereby entered into by this State with all states legally joining in the compact in the form substantially as follows:
(1)    Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of § 5–606 of this subtitle. However, in the event of partial or complete default of performance thereunder, the provisions of state laws fixing responsibility for the support of children also may be invoked.
(2)    The “appropriate public authorities” as used in § 5–604 of the Interstate Compact on the Placement of Children shall, with reference to this State, mean the Department of Human Services. This Department shall receive and act with reference to notices required by § 5–604 of this subtitle.
(3)    As used in § 5–606(a) of the Interstate Compact on the Placement of Children, the phrase “appropriate authority in the receiving state” with reference to this State shall mean the Department of Human Services.
(4)    The officers and agencies of this State and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to § 5–606(b) of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this State or subdivision or agency thereof shall not be binding unless it has the approval in writing of the Department of Human Services.
(5)    Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a subdivision thereof as contemplated by § 5–606(b) of the Interstate Compact on the Placement of Children.
(6)    Any provisions of law restricting out–of–state placement shall not apply to placements made pursuant to the Interstate Compact on the Placement of Children.
(7)    Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to § 5–607 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in § 5–606 of this subtitle.
(8)    As used in § 5–608 of the Interstate Compact on the Placement of Children, the term “executive head” means the Governor. The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of § 5–608 of this subtitle.
(9)    The definitions in § 1–101 of this article do not apply to the Interstate Compact on the Placement of Children set forth in this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-602 - Purpose and Policy

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(1)    Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(2)    The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(3)    The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(4)    Appropriate jurisdictional arrangements for the care of children will be promoted.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-603 - Definitions

As used in this compact:
(1)    “Child” means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.
(2)    “Sending agency” means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.
(3)    “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
(4)    “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-604 - Procedure Before Sending Child Into State

(a)    No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this section and with the applicable laws of the receiving state governing the placement of children therein.
(b)    Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:
(1)    the name, date and place of birth of the child.
(2)    the identity and address or addresses of the parents or legal guardian.
(3)    the name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.
(4)    a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(c)    Any public officer or agency in a receiving state which is in receipt of a notice pursuant to subsection (b) of this section may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
(d)    The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-605 - Penalties for Violation of Compact

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-606 - Sending Agency to Retain Jurisdiction Over Child; Agreements for Services; Authority of Private Charitable Agencies; Financial Responsibility

(a)    The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
(b)    When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.
(c)    Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in subsection (a) of this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-607 - Placement of Delinquent Children

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to the child being sent to such other party jurisdiction for institutional care and the court finds that:
(1)    equivalent facilities for the child are not available in the sending agency’s jurisdiction; and
(2)    institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-608 - Designation and Powers of General Coordinator of Activities

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in that jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.