reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.13 - Case Planning for Permanency

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 60 days after removal, the local department, together with the child's parent or legal guardian, shall develop a written case plan for each child in out-of-home placement. The case plan shall include concurrent permanency plans, except as provided in §B of this regulation, and shall:
(1) Describe the circumstances that make placement necessary;
(2) State with whom the child was living before placement and their relationship to the child; and
(3) Describe the efforts that were made but were unsuccessful in preventing or eliminating the need for removal from the child's home including the consideration of both in-State and out-of-State placement options, or why such efforts were not possible.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.14 - Provision of Reunification Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. To the extent that funds and other resources are available, a range of services that will facilitate or maintain successful reunification of the child shall be:
(1) Provided by the local department;
(2) Made available by the local department through referral to another appropriate agency; or
(3) Upon written approval by the director or the director's designee, purchased by the local department.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.15 - Service Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A. As appropriate to each case, the local department shall develop a written service agreement:
(1) With the child's parents or legal guardian, within 60 days of removal if the plan is to return the child to the parents or legal guardian;
(2) With the parents or legal guardian within 30 days before the planned reunification; and
(3) For the child 16 years old and older, with the child, the parents or legal guardian, and, where appropriate, the foster parents or representative payee.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.16 - Decision to Make the Permanency Plan Other than Reunification

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to engaging in the analysis set for in §C of this regulation and giving primary consideration to the health and safety of the child, the local department shall give serious consideration to implementing the permanency plan other than reunification if any of the following circumstances exists:
(1) The parent or guardian has subjected the child to any of the following aggravated circumstances:
(a) The parent or guardian has engaged in or facilitated:
(i) Chronic or severe physical abuse of the child, a sibling of the child, or another child in the household;
(ii) Chronic or life threatening neglect of the child, a sibling of the child, or another child in the household;
(iii) Sexual abuse of the child, a sibling of the child, or another child in the household;
(iv) Torture of the child, a sibling of the child, or another child in the household;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.17 - Visitation with the Child in Out-of-Home Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department caseworker shall have regular visits with the child in out-of-home placement, as required in this regulation. However, the visits shall be more frequent than as indicated in this regulation when, in the caseworker's professional judgment, it is appropriate to do so.
B. For a child placed in a resource family home, group care a residential treatment facility, or a semi-independent living arrangement, the following apply:
(1) The caseworker shall have a face-to-face visit with the child within 5 working days of placement, and subsequently at least once a month;
(2) The majority of the monthly visits shall occur in the placement where the child lives; and
(3) The caseworker shall have a face-to-face visit with the out-of-home placement provider at least once every 3 months to obtain information about the child's progress, care needs, medical status, and educational needs.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.18 - Procedures in Response to Runaway Children or a Child Abduction

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the local department is informed that a out-of-home placement child is missing, abducted, or has not returned home at a prearranged time, the local department caseworker shall:
(1) Notify the:
(a) Local law enforcement and obtain a complaint number;
(b) Parents or legal guardian and their attorney unless guardianship is granted to the local department;
(c) CINA attorney for the child; and
(d) The local department's attorney;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.19 - Periodic Reviews

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) A periodic review of a child's status shall be held not less frequently than once every 6 months by the juvenile court, and, if not reviewed by the court, may be reviewed according to §A(2) of this regulation.
(2) The review shall be conducted by the court, an administrative panel, or the Citizens' Review Board for Children (CRBC), as described in COMAR 07.01.06.
(3) At least one local board of the CRBC exists in every county and Baltimore City, and reviews the cases of children in out-of-home placement in accordance with its local plan as approved by the CRBC State Board and the Secretary of Human Resources.
(4) Each local department shall provide the local board with information the board requires to perform its duties.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.20 - Permanency Planning Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The court determines the permanency plan for a child based upon the recommendations of the local department and the other parties at the permanency planning hearing consistent with the hierarchy of permanency plans described in Regulation .13 of this chapter.
B. At least 10 days before the permanency planning hearing, the local department shall:
(1) Perform the tasks listed in Regulation .19D and E of this chapter;
(2) Prepare a written report setting forth the local department's recommendations; and
(3) Provide the report to the court, the child's attorney, and the child's parents or legal guardian.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.21 - Voluntary Placement Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Children with Disabilities Voluntary Placements.
(1) A local department may not seek legal custody of a child under a voluntary placement agreement if:
(a) The child has a developmental disability or a mental illness; and
(b) The purpose of the voluntary placement agreement is to obtain treatment or care related to the child's disability that the parent is unable to provide.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.22 - Case Record Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall establish and maintain a case record for every child in out-of-home placement containing all of the documents required by this chapter. The record shall also include the following:
(1) All of the forms that are required by the State and federal government for statistical accounting;
(2) A signed, file-dated copy of any petitions filed with the court;
(3) The voluntary placement agreement or the court order for shelter, custody, or guardianship;
(4) Any other court order;
(5) All service agreements;
(6) A dated and summarized record of each agency contact, or attempted contact, with the child, parents, foster parents, and any other individual with whom the agency has contact regarding or on behalf of the child;
(7) A statement of consent for medical treatment signed by the child's parent or legal guardian, or a statement of the parent's or legal guardian's refusal to sign consent, and any court order giving medical guardianship to the local department;
(8) A copy of any correspondence or reports written or received in regard to the child, including letters of notification to the child's parents or legal guardian regarding responsibilities, requirements, and case reviews.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.23 - Procedures to be Followed when Abuse or Neglect is Suspected in an Out-of-Home Foster Care Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Action.
(1) The public or private child placement agency employee who receives a report, or makes a personal observation, of suspected abuse or neglect in an out-of-home foster care placement shall immediately:
(a) Notify the following unit and staff of the local department in the jurisdiction in which the incident occurred:
(i) Child welfare screening unit;
(ii) The out-of-home placement caseworker or supervisor for each child in placement; and
(iii) If applicable, the foster home caseworker or supervisor; and
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.24 - Return of Child to the Parents or Legal Guardian

Current through Register Vol. 51, No. 14, July 12, 2024
A. The decision by the local department to return a foster child to the care of the parents or legal guardian shall be made with the parent or legal guardian's participation after an assessment of their ability to safely care for the child and a thorough evaluation of the parent's or legal guardian's living situation and capacity to safely resume parental responsibilities.
B. The local department shall inform the court when it returns a child who has been committed to a local department to the parents or legal guardian and shall report the pertinent changes in the family or child's situation which support the return.
C. The local department before the return of a child to the parents or the legal guardian, shall notify the court and request a hearing if the court has committed the child to the local department upon a finding of child abuse.
D. The local department shall assist the parents or legal guardian with necessary preparations for the child's return home and shall assist the parent in:
(1) Getting those services that may be needed to aid the family such as:
(a) Child care;
(b) Temporary Cash Assistance (TCA);
(c) Emergency Assistance to Families with Children (EAFC);
(d) Medical Assistance; or
(e) The Maryland Children's Health Choice Program (MCHCP);
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.25 - Aftercare Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall provide aftercare services to the child and the aftercare placement family:
(1) For an initial period of up to 3 months, which may be extended an additional 3 months for a total of 6 months; and
(2) Beyond the 6 months based upon a compelling reason for extending the services:
(a) At 1 month intervals with the written approval of the local director; or
(b) For a specified time period as ordered by the court.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.26 - Placement of Child with a Relative

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall give priority to the child's relatives over nonrelatives when determining permanency plans and placement.
B. The decision by the local department to place a child with relatives shall be made:
(1) With the participation of the relatives;
(2) After completing a home study to include:
(a) A physical description of the relative's living situation and family history;
(b) Services needed by the child; and
(c) Relative's ability and capacity to safely assume parental responsibilities; and
(3) When feasible, in conjunction with a visit or visits by the child in the relative's home.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.27 - Custody and Guardianship

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before custody and guardianship is granted to a relative or nonrelative of a child not committed to the local department, the local department shall:
(1) Determine if departmental funds are available to support and maintain the child;
(2) Assess all factors necessary to determine the best interests of the child; and
(3) Pursuant to an order from the court, prepare a report on the suitability of the individual to be the guardian of the child that includes a:
(a) Home study for custody and guardianship;
(b) Child protective services history, if any;
(c) Criminal background check; and
(d) Review of the proposed guardian's physical and mental health history.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.28 - Out-of-State Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Interstate Compact.
(1) All placements of children for out-of-home placement or as a preliminary to possible adoption in Maryland from another state shall comply with the requirements of the Interstate Compact for the Placement of Children (Compact), Family Law Article, Title 5, Subtitle 6, Annotated Code of Maryland.
(2) The placement of Maryland children into states which are members of the Compact shall also comply with the Compact requirements.
(3) To place a child out of State, the Compact requires that before the two states involved sign a contract or an agreement, the plan shall be approved by the:
(a) Other state based on its interstate placement requirements; and
(b) Social Services Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.29 - Child Support and Other Resources for Reimbursement Towards Cost of Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. All of the child's resources, including parental support, the child's own benefits, insurance, cash assets, trust accounts, and, for the child who is preparing for independent living, the child's earnings, are considered, as established in the service agreement, in determining the amount available for reimbursement of the cost of care.
B. In calculating the cost of care, the local department shall include the board rate, clothing allowance, any medical care payments made on behalf of the child, and any supplemental purchases made to meet the child's special needs.
C. The local department shall:
(1) Initiate child support for every child in out-of-home placement; and
(2) Pursue support enforcement activity for both absent parents, unless the:
(a) Legal rights of the parents or legal guardian have been officially terminated; and
(b) Parents, parent, or legal guardian have been officially notified of the termination.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.31 - State Standard Rates for Out-of-Home Placement under the Direct Supervision of a Local Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board Rates and Clothing Allowance.
(1) Board rates and monthly clothing allowances are set forth in Schedules A and B of Regulation .39 of this chapter.
(2) The board rate is effective for the full month in which the child reaches the lower age specified for each group.
(3) The board rate is based on the cost of maintenance expenses for the child.
(4) The monthly clothing allowance covers the purchase and upkeep of clothing.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.32 - State Standard Rates for Purchased Out-of-Home Placement Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purchased Foster Care.
(1) The purchased family foster care rate is for the care of a child who requires extra supervision and attention in a home equipped to give this special care. This type of purchase may be used to prevent placement of a child in a group care facility, or to enable his discharge from a group care facility.
(2) Rates for the purchase of care from licensed child placement agencies are provided for purchased family care supervised through the licensed child placement agencies.
(3) Licensed child placement agencies are reimbursed as follows:
(a) Foster care purchased from agencies, which includes room and board, is paid according to the negotiated rate issued by State Department of Education and the terms of the contract with the Department.
(b) Purchase of Supportive Services.
(i) Provision is made to purchase supportive services, as needed, in order to maintain the children in the community.
(ii) These special supportive services may be purchased from two sources which are the foster family who by virtue of special training or experience is able to provide them, or through another resource appropriate to the special needs of the child.
(iii) The supportive services to be provided shall be approved in writing by the director of the licensed child placement agency or the director's designee who is other than the caseworker. This written approval shall confirm that the child requires the identified supportive service because of a health (physical or mental) condition, or an emotional or behavioral problem, and that the service provider is capable, by virtue of special training or experience, of providing the needed service.
(c) Supportive services may not be purchased or authorized until the Executive Director of the Social Services Administration or the Director's designee has allocated the amount of funds that are available to purchase them.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.33 - Public Treatment Foster Care (PTFC) Placements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The goals of the PTFC program, in addition to the goals of out-of-home placement as stated in Regulation .02 of this chapter, are to provide, in a family setting, intensive services to a child with a serious emotional, behavioral, medical, or psychological condition.
B. PTFC Child Eligibility Requirements.
(1) To be eligible for PTFC, the child shall:
(a) Qualify for foster care under Regulation .04 of this chapter;
(b) Have one or more conditions as detailed in §B(2) of this regulation; and
(c) Need a high level of treatment in a family setting.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.34 - Payment to the Out-of-Home Placement Provider

Current through Register Vol. 51, No. 14, July 12, 2024
A. Amount Paid to the Provider.
(1) The amount paid to the provider for care of the child is the amount determined by the standards established in Regulation .39 of this chapter, less any amount the child, who is planning for independent living, pays directly to the foster home from the child's own earnings as established in the service agreement.
(2) Except for the child's own earnings, all resources shall be paid directly to the local department as reimbursement against the cost of the child's care. The amount that the local department pays to the foster parent or payee is not affected by any resource except the child's own earnings.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.35 - Correction of Payment Irregularities to the Out-of-Home Placement Provider

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days of the knowledge of payment irregularity, the local department shall commence overpayment procedures.
B. Overpayment Procedures.
(1) To correct an overpayment, the local department shall:
(a) Determine the correct payment amount and take action to correct the continuing payment;
(b) Calculate the total amount of the overpayment; and
(c) Notify the provider in writing of the suspected overpayment amount within 10 days after determining that an overpayment exists.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.36 - Local Supplements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local department may establish a supplement to the State standard to be used to meet special needs, provided that the:
(1) Supplement is met by local funds and is included in the fiscal agreement between the Department of Human Resources and the local government;
(2) Supplement is applied uniformly to homes located within the local department's jurisdiction and to specific homes located in the jurisdictions of other local departments, when the local department which makes a supplemental payment places a child in a home located in the jurisdiction of another local department;
(3) Supplemented items are not included in the State standard.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.37 - Liability Insurance and Reimbursement for Loss to Foster Parents

Current through Register Vol. 51, No. 14, July 12, 2024
A. Insurance.
(1) The Department shall, under certain conditions, provide liability insurance premiums from State funds, for foster parents who care for children under the direct supervision of the local departments or under the direct supervision of licensed private child placement agencies. The insurance shall cover:
(a) Bodily injury and property damage that a foster child causes to an individual or the property of a person other than a foster parent; and
(b) Actions brought against the foster parents by the child's parents or legal guardians for any accident to the foster child.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.38 - Fair Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the time of placement, the local department shall give to each parent or legal guardian of a child in out-of-home placement written and verbal notification of the right and methods of requesting and obtaining a fair hearing.
B. The local department shall notify the parents or legal guardian of its intent to take any action which will deny, reduce, suspend, or terminate visits with the child, reunification services, or aftercare services, and of the right and methods of requesting and obtaining a fair hearing on that intended action.
C. A fair hearing need not be held on any decision which has been, or may only be, determined by a court.
D. In all other respects, the provisions of COMAR 07.01.04 apply to fair hearings on out-of-home placement services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.39 - Schedules

Current through Register Vol. 51, No. 14, July 12, 2024
Schedule A
Family Foster Care Rates
Type of Care
Monthly Board
Per Diem
Monthly Clothing
Allowance
Total
Regular Care:
Regular Care
Infant through Age 11
$775
$27.45
$60
$835
Age 12 and older
775
27.94
75
850
Intermediate Care
Infant through Age 11
890
31.23
60
950
Age 12 and older
890
31.72
75
965
Respite
30
Treatment Foster Care (Specialized Care):
Infant through Age 11
775
27.45
60
835
Age 12 and older
775
27.94
75
850
Respite
50
Emergency Care:
Per Diem
30
Retainer Fee for Emergency Foster Home Shelter Care
100
Schedule B
Initial Clothing Maximum Allowances
(Initial one-time only clothing allowances are made on an "as needed" basis not to exceed the maximums in this schedule.)
Age Group
Maximum
Infant through age 5
$60
Age 6 through age 11
75
Age 12 and older
100
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.12 - Adoption › Section 07.02.12.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
Adoption services are provided to:
A. Effect a permanent plan, through adoption, at the earliest possible time, for a child in out-of-home placement-who cannot or should not be reunited-with the child's birth parent;
B. Protect a child from unnecessary separation from the birth parent;
C. Provide, in the shortest time possible, an adoptive family who will ensure a child's safety and well-being;
D. Permit adoption of a child only by individuals who are qualified for the responsibility; and
E. Protect, as appropriate, the confidentiality of the adoption process and share nonidentifying medical information to permit an adopted child and adoptive family to grow and develop undisturbed.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.12 - Adoption › Section 07.02.12.03 - Placement for Adoption

Current through Register Vol. 51, No. 14, July 12, 2024
A. The decision to select a particular family for a child shall be based on the child's best interests and shall include consideration of:
(1) The needs of the child;
(2) The ability of a prospective adoptive family to meet the child's overall physical, mental, emotional, and psychological needs, as well as any identified special needs; and
(3) The capacity of the prospective adoptive family to address the child's needs based on the child's cultural, ethnic, and racial background.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.12 - Adoption › Section 07.02.12.04 - Post Adoption Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Post adoption services may be provided to support the adoptive placement after adoption finalization in accordance with available staff resources.
B. Upon request of the adoptive family, the local department may make the following services available:
(1) Short-term adoption related counseling;
(2) Information and referral services; and
(3) Provision of any additionally acquired medical, social, psychological, and genetic history of the minor adoptee to the adoptive family.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.12 - Adoption › Section 07.02.12.05 - Title IV-E Monthly Adoption Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Adoption assistance is medical benefits, and in appropriate cases a monthly payment, provided to adoptive families on behalf of eligible children to help the family defray the costs of meeting a child's special needs.
B. The Administration shall offer adoption assistance to the parent of an eligible child that meets the eligibility criteria for an applicable child or a nonapplicable child.
C. An eligible child shall be under the guardianship of a local department or a licensed private placement agency, or have been adopted in a consensual adoption pursuant to Family Law Article, §
									5-338, Annotated Code of Maryland.
D. IV-E Child Eligibility Criteria.
(1) A child who is not a citizen or resident of the United States and who was either adopted outside the United States or brought to the United States for the purpose of being adopted may not be considered an applicable child, unless:
(a) The adoption dissolves or the adoptive parent dies; and
(b) The child is subsequently adopted from out-of-home placement.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.12 - Adoption › Section 07.02.12.06 - State-Funded Monthly Adoption Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. State-funded adoption assistance is medical benefits, and in appropriate cases a monthly payment, to adoptive families on behalf of eligible adoptive children with special needs that is intended to help defray the cost of raising such children.
B. An eligible child:
(1) Is not eligible for a IV-E monthly adoption assistance;
(2) Is in the guardianship of a public or private agency or is going to be adopted in a consensual adoption pursuant to Family Law Article, §
										5-338, Annotated Code of Maryland; and
(3) Has a special needs factor as set forth in Regulation .02B(35) of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.12 - Adoption › Section 07.02.12.07 - Post Adoption Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Post adoption assistance payment is a State Medicaid benefits and/or a State-funded monthly payment to adoptive families on behalf of adoptive children who have a condition that would have made them eligible for adoption assistance had the condition been known prior to finalization of their adoption.
B. A child may be eligible for post adoption assistance if:
(1) The child was in the guardianship of a Maryland public or Maryland private agency at the time of the adoption; and
(2) The child has a documented condition that existed at the time of finalization of the adoption but had not been "discovered or diagnosed," and if the condition had been known at the time of the finalization of the adoption it would have made the child eligible for adoption assistance.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.12 - Adoption › Section 07.02.12.08 - Adoption Assistance for Nonrecurring Expenses of Adoption

Current through Register Vol. 51, No. 14, July 12, 2024
A. In a domestic adoption, an adoptive parent of a child who meets the special needs criteria as delineated in Regulation .05(D)(4) or (E)(3) of this chapter may be eligible for reimbursement for certain nonrecurring expenses directly related to the legal process of adoption.
B. In an intercountry adoption, an adoptive parent of a child who meets the definition of a child with special needs may be eligible for reimbursement of certain nonrecurring expenses directly related to the legal process of adoption provided if the child is:
(1) 5 years old or younger in federal fiscal year 2015;
(2) 3 years old or younger in federal fiscal year 2016; or
(3) 1 years old or younger in federal fiscal year 2017
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.12 - Adoption › Section 07.02.12.09 - Right to Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each applicant for adoption assistance or family who is receiving adoption assistance has the right to appeal the denial, reduction, suspension, or termination of adoption assistance.
B. The local department shall:
(1) Notify the applicant or family of the right to appeal the local department's decision in writing; and
(2) Provide information as to the procedure to be followed in making an appeal.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.13 - Post Adoption Reunion Services › Section 07.02.13.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to:
A. Allow adult adoptees and eligible birth family members to:
(1) Exchange identifying information between all eligible consenting persons who register and are matched through the Maryland Mutual Consent Voluntary Adoption Registry;
(2) Search for and exchange identifying and nonidentifying information between adult adoptees and their birth parents who consent to the services of the Search, Contact, and Reunion Services Program; and
(3) Maintain confidentiality and anonymity if other birth family members search for the adult adoptees and eligible birth family members, and they do not desire contact;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.13 - Post Adoption Reunion Services › Section 07.02.13.03 - Maryland Mutual Consent Voluntary Adoption Registry

Current through Register Vol. 51, No. 14, July 12, 2024
A. Registry Registration Requirements.
(1) Registration shall be accepted from:
(a) An adoptee, 21 years old or older; and
(b) An adoptee's birth mother, birth father, and birth siblings who are 21 years old or older.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.13 - Post Adoption Reunion Services › Section 07.02.13.04 - Search, Contact, and Reunion Services Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program Registration Requirements.
(1) Program registration is open to:
(a) An adoptee, 21 years old or older, who does not live with a birth sibling younger than 21 years old;
(b) The birth parents of an adult adoptee whose parental rights were not terminated under Family Law Article, Subtitle 3, Annotated Code of Maryland;
(c) A sibling of an adopted individual who is 21 years old or older and who has been adopted; or
(d) A director of a local department acting on behalf of a minor in out-of-home placement.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.13 - Post Adoption Reunion Services › Section 07.02.13.05 - Referrals of Registrants to the Confidential Intermediary

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall refer the registrant for the Search, Contact, and Reunion Services Program to the child placement agency that handled the adoption if the agency is known and is a confidential intermediary.
B. If the child placement agency is unknown, the Director shall make reasonable efforts to determine the identity of the child placement agency that placed the child for adoption.
C. The Director shall have access to any birth record or public record as defined in State Government Article, §
									10-611, Annotated Code of Maryland, including a court record and the original birth records that relate to the new birth certificate of an adopted individual to determine the identity of the child placement agency that placed the child for adoption.
D. The Director may charge an individual who applies for the Search, Contact, and Reunion Services Program a reasonable fee for a search conducted to determine the child placement agency that placed the child for adoption if the identity of the agency is unknown. The overall amount of fees collected for the search for the child placement agency may not exceed the cost of providing the search. A fee is not required from a registrant whose gross income is at or below the federal poverty level.
E. If the Director cannot determine the name of the child placement agency or if there was not an agency involved with the adoption, the Director shall provide search services or the list of confidential intermediaries to the registrant.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.13 - Post Adoption Reunion Services › Section 07.02.13.06 - Service Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A registrant who applies for search, contact, and reunion services shall execute a service agreement with a confidential intermediary concerning the provision of search, contact, and reunion services and the fee to be paid for those services.
B. The service agreement shall state the services to be provided by the confidential intermediary and shall last for 90 days beginning the day after the service agreement is signed by both parties. If the search is unsuccessful after the first 90-day period, the service agreement may be extended for an additional 90 days. No additional fees may be charged by the confidential intermediary if an additional 90 days is used to continue the search, contact, and reunion service. A report shall be made to the Director that the service agreement has been extended along with a report of progress made at the end of the first 90-day period and the steps to be taken during the second 90-day period.
C. Fees.
(1) The confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services. Fees are nonrefundable. The fee to be charged by the confidential intermediary shall be included in the service agreement. Fees shall be waived by the confidential intermediary if the client requests the waiver in writing and provides verification of income that coincides with the schedule in the confidential intermediary fee schedule for the search, contact, and reunion services.
(2) The overall amount of fees collected may not exceed the cost of providing the services or the amounts prescribed in the confidential intermediary fee schedule for search, contact, and reunion services available from the Director, whichever is less.
(3) Fees for services are charged to the registrant one time. If additional services are requested by the registrant within 1 year of the signing of a first service agreement, all previous payments are applied to the total service costs for that year. For example, if the registrant signs a service agreement requesting nonidentifying heritage information and 30 days later requests contact and reunion services with both parents, the confidential intermediary may only charge the registrant the difference between the first fees paid and the cost of the additional service.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.13 - Post Adoption Reunion Services › Section 07.02.13.07 - Authorization to Obtain Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director may authorize a confidential intermediary to obtain the following documents:
(1) The original birth certificate of the adoptee;
(2) The new birth certificate of the adoptee and any records that relate to it;
(3) The final adoption decree of the adoptee; and
(4) Any information that is contained in a public record as defined in State Government Article, §
										10-611, Annotated Code of Maryland, including a court record.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.13 - Post Adoption Reunion Services › Section 07.02.13.08 - Reporting the Results of a Search

Current through Register Vol. 51, No. 14, July 12, 2024
A. The confidential intermediary shall submit to the Director a report of the findings within 90 days of the execution of a service agreement.
B. Results.
(1) If an individual contacted by the confidential intermediary consents to the disclosure of specified information:
(a) The confidential intermediary shall obtain a consent form from the individual that specifies the nature of the information to be disclosed;
(b) The information shall be disclosed to the registrant who applied for search, contact, and reunion services;
(c) The confidential intermediary shall:
(i) Disclose the information authorized by the consent form; and
(ii) Facilitate contact and reunion between the parties; and
(d) The confidential intermediary may facilitate a reunion between the adoptee and birth family members if the birth mother or the birth father do not wish contact but agree by notarized affidavit that their birth relatives may be contacted by the confidential intermediary.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.13 - Post Adoption Reunion Services › Section 07.02.13.09 - Disclosure Vetoes

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following individuals may file a disclosure veto prohibiting the disclosure of any information concerning the individual contained in agency, birth, or court records:
(1) A biological parent of an adoptee;
(2) An adopted individual 21 years old or older; or
(3) A sibling as defined in Regulation .02B of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the In-Home Aide Services Program (IHAS) is to complement other social services programs by providing specific services to individuals of all ages in the community in order to:
A. Prevent or reduce the length of institutional placement;
B. Prevent or reduce the length of out-of-home placement of children;
C. Prevent or remedy abuse, neglect, self-neglect, or exploitation; or
D. Promote self-sufficiency.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Abuse" means the sustaining of any physical injury of an IHAS client receiving service as a result of:
(a) Cruel or inhumane treatment; or
(b) A malicious act by a person.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual is eligible for IHAS if the individual:
(1) Is receiving case management in a social service program from the local department, or from a social service agency through an arrangement with the administration, and requires the service as a part of a treatment plan to:
(a) Prevent or reduce the length of institutional placement;
(b) Prevent or reduce the length of out-of-home placement of children;
(c) Prevent or remedy abuse, neglect, self-neglect, or exploitation; or
(d) Promote self-sufficiency;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.04 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) Local departments shall accept and process requests for In-Home Aide Service by, or on behalf of, any individual or family.
(2) The local department shall assign requests for IHAS that do not come from a case manager in the local department or other social services agency to a case manager in the local department.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.05 - Local Department Response to Application for IHAS

Current through Register Vol. 51, No. 14, July 12, 2024
A. The IHAS supervisor shall review the request for completeness, and inform the case manager of additional information required to determine the applicant's need for IHAS. If the request is complete, and the IHAS supervisor decides that the applicant is eligible, the IHAS supervisor shall insert the applicant's name in the appropriate order on the waiting list for IHAS.
B. The IHAS supervisor shall notify the case manager of the applicant's ranking and of the availability of service within 2 working days of the receipt of the completed request.
C. When the service is to begin, the IHAS supervisor, with the case manager, shall develop a written plan for aide services for the individual that includes:
(1) The goals to be met;
(2) Tasks to be performed;
(3) Amount and the length of service to be provided including a personal care plan prepared by a registered nurse or physician if personal care is required;
(4) The specific results expected from the provision of aide services; and
(5) The date service is expected to begin.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.06 - Delivery of Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. If funds or staff are available, the local department may provide the services by:
(1) Assigning a local department staff member;
(2) Purchasing the services from a private for-profit or nonprofit agency that has contracted with the Administration to provide the service; or
(3) Purchasing the services from a self-employed individual.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.07 - Limitation on Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department may provide aide services up to the maximum of 20 hours per week for each eligible individual except for individuals identified in Regulation .06D(2) and (3) of this chapter.
B. For a client requiring intensive service as identified in Regulation .06D(2) of this chapter, the IHAS supervisor shall determine the total cost for 6 months of IHAS. The local department may not provide IHAS to a client if the total public cost for 6 months of IHAS exceeds 67 percent of the average Statewide cost of nursing home care for 6 months as determined by the Administration.
C. The local department may only provide intensive services to individuals identified in Regulation .06D(2) or (3) if the case manager assesses the family as potentially capable of providing adequate and safe care of the child without the use of aide service within the time specified in the service plan for effecting reunification or preventing out-of-home placement.