Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.01 - Definitions › Section 10.57.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Acting program administrator" means an
				  individual approved by the Board to practice as an interim residential child
				  care program administrator for 180 days unless the time period is extended by
				  the Board.
(2) "Automatic sponsor"
				  means an organization that is not required to apply to the Board for approval
				  of sponsorship of continuing education.
(3) "Authorized sponsor" means an
				  organization or individual that has been approved by the Board to provide
				  continuing education programs.
(4)
				  "Board" means the State Board for the Certification of Residential Child Care
				  Program Professionals.
(5) "Central
				  Repository" means the Criminal Justice Information System Central Repository of
				  the Department of Public Safety and Correctional Services.
(6) "Certificate" means a certificate issued
				  by the Board to practice as a:
(a) Certified
				  residential child care program administrator; or
(b) Certified residential child and youth
				  care practitioner.
(7)
				  "Certified program administrator" means an individual who is:
(a) Certified by the Board; and
(b) Responsible for the day-to-day management
				  and operation of a residential child care program and for assuring the care,
				  treatment, safety, and protection of children.
(8) Certified Residential Child and Youth
				  Care Practitioner.
(a) "Certified residential
				  child and youth care practitioner" means an individual who is:
(i) Certified by the Board; and
(ii) Assigned to perform the direct
				  responsibilities related to activities of daily living, self-help, and
				  socialization skills in a residential child care program under the direction of
				  a certified program administrator.
(b) "Certified residential child and youth
				  care practitioner" does not include an individual assigned to perform the
				  direct responsibilities related to activities of daily living, self-help, and
				  socialization skills in a residential child care program licensed by the
				  Developmental Disabilities Administration.
(9) "Chief Administrator" means the
				  individual, regardless of title, who is appointed by the governing body of a
				  residential child care program as having the responsibility for the overall
				  administration of the program.
(10)
				  "Childprotective services background clearance" means a search by a local
				  department of social services of a central registry established under Family
				  Law Article, Title 5, Subtitle 7, Annotated Code of Maryland, for information
				  about child abuse and neglect investigations relating to an individual.
(11) "Client" means children and
				  youth placed in the residential child care program.
(12) "Completed application" means an
				  application submitted to the Board that contains sufficient information for the
				  Board to make a decision on the application.
(13) "Continuing education" means additional
				  professional education by means of undergraduate or postgraduate studies,
				  institutes, seminars, lectures, conferences, workshops, or other forms of
				  continuing professional education approved by the Board.
(14) "Continuing education unit" means a
				  certified program administrator or certified residential child and youth care
				  practitioner participation for 1 hour in an approved continuing education
				  experience.
(15) "Day-to-day
				  management and operation" means the overall responsibility for the operation of
				  a residential child care program as described in COMAR
				  10.57.02.01C.
(16) "Delinquent" means the
				  failure by a certificate holder to pay all undisputed taxes and unemployment
				  insurance contributions, as determined by the Office of the Comptroller or the
				  Secretary of Labor, Licensing, and Regulation, that are payable to the Office
				  of the Comptroller or the Secretary of Labor, Licensing, and Regulation, in a
				  manner satisfactory to the unit of the State responsible for collection of the
				  payment.
(17) "Examination" means a
				  written test given or approved by the Board.
(18) Human Service Field.
(a) "Human service field" means, in the
				  context of certification as a program administrator, having experience:
(i) As a human service professional as
				  defined in COMAR
				  14.31.06.03B;
(ii) Serving children detained, committed, or
				  under the jurisdiction of the Department of Juvenile Services; or
(iii) Serving children in residential child
				  care programs under the jurisdiction of the Department of Human Resources or
				  the Department of Health and Mental Hygiene.
(b) "Human service field" means, in the
				  context of certification as a residential child and youth care practitioner,
				  having experience:
(i) As a human service
				  professional defined in COMAR
				  14.31.06.03B;
				  or
(ii) Performing the direct
				  responsibilities related to activities of daily living, self-help and
				  socialization skills for children in a residential child care.
(19) "Human service
				  portfolio" means evidence provided to the Board on a form required by the Board
				  documenting human service experience and mastery of core competencies as
				  described in COMAR 10.57.03.
(20)
				  "Inappropriate sexual language" means:
(a) A
				  sexualized harassing comment;
(b)
				  An eroticized or sexually provocative comment not reasonably associated with a
				  health care matter; or
(c) An
				  inappropriate discussion of a sexually related matter.
(21) "Licensing authority" means the
				  department of State government that issued the residential child care program's
				  license to operate in the State.
(22) "Practice of residential child care
				  administration" means the exercise of final authority of any act or the making
				  of any decision involved in the planning, organizing, directing, or controlling
				  of the day-to-day operation of a residential child care program.
(23) "Renewal certificate" means any
				  certificate granted by the Board for the period immediately after a period for
				  which the individual previously possessed the same or a substantially similar
				  certificate.
(24) "Renewal date"
				  means the date upon which the certificate expires, as specified in the notice
				  sent to the certified program administrator by the Board in accordance with
				  Health Occupations Article, §
											20-310(a),
				  Annotated Code of Maryland.
(25)
				  "Renewal period" means the 2-year period immediately before the renewal
				  date.
(26) Residential Child Care
				  Program.
(a) "Residential child care program"
				  means an entity that provides care for children 24 hours per day within a
				  structured set of services and activities that:
(i) Are designed to achieve specific
				  objectives relative to the needs of the children served; and
(ii) Include the provision of food, clothing,
				  shelter, education, social services, health, mental health, recreation, or any
				  combination of those services and activities.
(b) "Residential child care program" includes
				  the residential child care programs identified in COMAR
				  14.31.06.02AA and
				  licensed by the:
(i) Department of Human
				  Resources;
(ii) Department of
				  Health and Mental Hygiene; and
(iii) Department of Juvenile
				  Services.
(c)
				  "Residential child care program" does not include the individuals or programs
				  identified in COMAR
				  14.31.06.02C.
(27) "Residential child
				  care supervisor" means an individual:
(a)
				  That provides supervision to a residential child care practitioner;
				  and
(b) Who is certified as either
				  a residential child care program administrator or residential child and youth
				  care practitioner.
(28)
				  "Sexual behavior" means:
(a) A sexual act as
				  specified in Criminal Law Article, §
												3-301(e)
				  and (g), Annotated Code of Maryland; and
(b) Sexual contact as specified in Criminal
				  Law Article, §
												3-301(f),
				  Annotated Code of Maryland.
(29) "Sexual exploitation" means a situation
				  in which the certified individual takes advantage of the unequal relationship
				  between the certified residential child care program administrator or
				  residential child and youth care practitioner and client or supervisee to
				  obtain sexual favors.
(30) "Sexual
				  harassment" means deliberate or repeated comment, advance, gesture,
				  solicitation, request, or physical contact of a sexual nature.
(31) "Supervisee" means the individual to
				  whom the certified residential child care program administrator or residential
				  child and youth care practitioner provides professional, educational, or
				  administrative supervision or direction.
(32) "Supervisory or administrative capacity"
				  means having the shared responsibility for implementing the operation of a
				  program(s) and supervising at least 1 member of staff as described in COMAR
				  10.57.02.02B.
(33) "Therapeutic deception" means
				  a representation by the certified individual that sexual contact or sexual
				  activity by or with the client is consistent with or part of the client's
				  treatment.
(34) "Tiered
				  certification" means the Board's process and the requirements that provide for
				  an individual to become certified as a residential child and youth care
				  practitioner
(35) "Verification"
				  means a written or electronic notification created by the unit of the State
				  responsible for collection of taxes or unemployment insurance contributions
				  attesting that the renewal applicant is no longer delinquent.