Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the definitions in COMAR 14.31.05 apply, and the following terms have the
				meanings indicated.
B. Terms
				Defined.
(1) "Administration" means the
				licensing agency.
(2) "Behavior
				intervention plan" means a plan that is based on the functional behavioral
				assessment, designed to address challenging behaviors through the use of
				positive behavioral interventions, strategies, and supports, developed by a
				human services professional as defined in §B( 21) of this regulation, who
				has training and expertise in conducting a behavior functional
				assessment.
(3) "Behavioral
				consultation" means on-site observation, assessment, and evaluation of the
				child within the context of the child's existing program. Behavioral
				consultation may include:
(a) Recommendations
				regarding structure of the program;
(b) Appropriate activities and services;
				or
(c) Consultation with human
				services professionals.
(4) "Behavioral health" means treatment of
				mental illness, emotional disorders, drug abuse, or alcohol abuse.
(5) "Behavioral respite" means relief
				services provided by a community-based residential program that meets a child's
				behavioral needs.
(6) "Board" means
				the board of directors of a residential child care program responsible for the
				planning and oversight of the operation of the residential child care
				program.
(7) "Certified residential
				child and youth care practitioner" means an individual who is certified by the
				Maryland State Board for the Certification of Residential Child Care Program
				Professionals as defined in COMAR 10.57.01.02B(7).
(8) "Challenging behavior" means those
				behaviors exhibited by a child which are harmful, destructive, or socially
				unacceptable and necessitate being addressed in the child's individual plan of
				care and behavior intervention plan.
(9) "Chemical restraint" means the use of
				medication that is not the current treatment for a child's condition to control
				behavior or restrict the child's movement.
(10) "Chief administrator" means the
				individual, regardless of title, who is appointed by the Board as having
				responsibility for the overall administration of the organization.
(11) "Chief financial officer" means the
				program executive with the primary responsibility for overseeing the financial
				activities of the program including financial planning, budget preparation,
				monitoring cash-flow, record keeping, and reporting to the Board.
(12) "Children's Cabinet" means those
				agencies directed by Executive Order
				01.01.2006.03:
(a) To examine Maryland's system of services
				to children and their families; and
(b) To facilitate ongoing improvements to
				this service delivery system.
(13) "Contractual and temporary staff" in
				this chapter are those human services professionals and direct care staff who
				work at the residential child care program on a contractual or temporary basis
				or who are placed by a staffing organization with whom the licensee has a
				contract to perform those duties specified in the job description.
(14) "Cordless window covering" has the
				meaning stated in Family Law Article, §
										5-505, Annotated Code of
				Maryland.
(15) "Custodial agency"
				means the agency having primary legal responsibility, which may result from an
				order of shelter, commitment, limited guardianship, full guardianship, or
				voluntary placement, time limited, for the child in placement, and may include
				a child with disabilities.
(16)
				Direct Care Staff.
(a) "Direct care staff"
				means staff assigned to perform direct responsibilities related to activities
				of daily living, self-help and socialization skills.
(b) "Direct care staff" does not include
				human services professionals, except when a human services professional is
				specifically assigned to perform the duties of direct care staff as specified
				in Regulation .06B(1) of this chapter.
(17) "Emergency placement" means residential
				services provided to a child who requires immediate placement in a residential
				child care program because the child is:
(a)
				Abandoned;
(b) At risk of serious
				immediate danger; or
(c) At risk
				for long-term, out-of-home placement without use of placement as a short-term
				intervention.
(18)
				"Family" has the meaning stated in Human Services Article, §
										8-101, Annotated Code
				of Maryland.
(19) "Functional
				behavior assessment" means the systematic process of gathering information to
				guide the development of an effective and efficient behavior intervention plan
				for the problem behavior.
(20)
				"Group home" means a residential child care program, including:
(a) Shelter care, including:
(i) Emergency; or
(ii) Structured;
(b) Mother-baby programs;
(c) Programs for adolescent girls who are
				pregnant;
(d) Psychiatric respite
				care;
(e) Secure care;
(f) Programs for children who are medically
				fragile;
(g) Programs for children
				with developmental disabilities;
(h) Residential crisis services;
(i) Residential respite care
				services;
(j) Wilderness programs;
				and
(k) Diagnostic evaluation
				treatment programs.
(21)
				"Human services professional" means:
(a) A
				social worker licensed under Health Occupations Article, Title 19, Annotated
				Code of Maryland;
(b) A
				psychologist licensed under Health Occupations Article, Title 18, Annotated
				Code of Maryland;
(c) A
				professional counselor certified under Health Occupations Article, Title 17,
				Annotated Code of Maryland;
(d) A
				nurse licensed under Health Occupations Article, Title 8, Annotated Code of
				Maryland;
(e) A psychiatrist
				licensed under Health Occupations Article, Title 14, Annotated Code of
				Maryland;
(f) A guidance counselor
				certified under COMAR 13A.12 or a school psychologist certified under COMAR
				13A.12;
(g) A certified counselor
				meeting the requirements under COMAR 10.58.07 to practice alcohol or drug
				counseling; or
(h) For programs
				serving children with developmental disabilities, an individual with a
				bachelor's degree in a human services field who has a minimum of 1 year of
				full-time experience working directly with persons with developmental
				disabilities.
(22)
				"Individual plan of care" means an individualized written plan as detailed in
				Regulation .17C of this chapter.
(23) "Licensee" has the meaning stated in
				COMAR 14.31.05.03B(20).
(24) "Mechanical restraint" means any
				mechanical device that restricts the free movement of an individual.
(25) "Medication management" means the
				facilitation of the safe and effective use of prescription and over-the-counter
				medications. The management of medications encompasses the way medications are
				procured, delivered, prescribed, self-administered or staff-administered,
				documented, and monitored.
(26)
				"Office" means the Governor's Office for Children.
(27) "Permanency plan" means a design for
				services articulated by the placing agency that specifies:
(a) Where and with whom a child shall live;
				and
(b) The proposed legal
				relationship between the child and the child's permanent caretaker.
(28) "Physical restraint" means
				the use of physical force, without the use of any device or material, to
				restrict the free movement of all or a portion of a child's body, not
				including:
(a) Briefly holding a child in
				order to calm or comfort the child;
(b) Holding the child by the hand or arm to
				escort the child safely from one area to another;
(c) Moving a disruptive child who is
				unwilling to leave the area when other methods such as counseling have been
				unsuccessful; or
(d) Breaking up a
				fight.
(29) "Policy"
				means a set of basic principles adopted by the Board used to enforce procedures
				and which are in accordance with the requirements for residential child care
				programs under this chapter.
(30)
				"Positive behavioral interventions, strategies, and supports" means a
				therapeutic intervention that uses a broad range of systemic and individualized
				strategies for enhancing positive social and emotional results while preventing
				or reducing challenging behaviors.
(31) "Procedure" means a detailed explanation
				of how policies will be implemented.
(32) "Program administrator" means the
				individual, regardless of title, certified under Health Occupations Article,
				Title 20, Annotated Code of Maryland, who is designated by the Board as having
				the day-to-day responsibility for the overall administration and operation of a
				program and for assuring the care, treatment, safety, and protection of
				children.
(33) "Prone restraint"
				means a specific type of restraint in which a child is placed face down on the
				floor or another surface and physical pressure is applied to the child's body
				to keep the child in the prone position. Use of prone restraint is prohibited
				in Maryland.
(34) Protective or
				Stabilizing Device.
(a) "Protective or
				stabilizing device" means any device or material attached or adjacent to the
				child's body for the purpose of enhancing functional skills, preventing
				unintentional harm to self or others, or ensuring safe positioning of an
				individual.
(b) "Protective or
				stabilizing device" is limited to:
(i)
				Adaptive equipment prescribed by a health professional, if used for the purpose
				for which the device is intended by the manufacturer;
(ii) Seat belts; or
(iii) Other safety equipment to secure
				children during transportation.
(35) "Residential child and youth care
				practitioner (RCYCP)" has the meaning stated in Health Occupations Article,
				Title 20, Annotated Code of Maryland. An RCYCP is direct care staff as defined
				in COMAR 14.31.06.04B(15).
(36) "Restraint" means a technique that is
				implemented to impede a child's physical mobility or limit free access to the
				environment, including chemical, mechanical or physical restraints.
(37) "Seclusion" means the confinement of a
				child alone in a room from which the child is physically prevented from
				leaving. Use of seclusion is prohibited in residential child care programs in
				Maryland.
(38) "Self-administration
				of medication" has the meaning stated for "self-administer" in Education
				Article, §
										7-421(a)(4),
				Annotated Code of Maryland.
(39)
				Severe Injury.
(a) "Severe injury" means a
				medical emergency that requires immediate assessment and intervention by a
				somatic health care provider.
(b)
				"Severe injury" includes, but is not limited to, fractures, dislocations,
				third-degree burns (destruction of tissue), electric shock, loss or tearing of
				body parts, all eye emergencies, ingestion of toxic substance or sharp or
				dangerous objects, and any injury with loss of consciousness or head
				injuries.
(40) "Somatic
				health care" means medical care that addresses an individual's physical health
				care needs.
(41) "Structural
				barrier" means any inanimate object.
(42) "Time-out" means the removal of a child
				to a supervised area, which is unlocked and free of structural barriers that
				prevent egress for a limited period of time during which the child has an
				opportunity to regain self-control and is not participating in program
				activities.
(43) "Trauma-informed
				care" means a person-centered approach which includes assessment, prevention of
				re-traumatization, and development and implementation of a safe environment
				plan. It is a system that reduces the risk of exposure, is strengths-based and
				resilience-focused, promotes respect, and supports cultural and developmental
				factors.