reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.08 - Redetermination and Termination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall redetermine the client's income and whether the client is required to pay a fee at least every 6 months.
B. The local department shall reconsider the client's need for In-Home Aide Services, including any required change in the personal care plan, and complete a current ranking scale, at least every 6 months or sooner if the client's situation has changed significantly.
C. The local department shall terminate services under any of the following circumstances:
(1) Objectives of service have been reached and the IHAS supervisor and case manager agree that service is no longer needed;
(2) The family, client, or case manager is able to secure the necessary service from an alternative source;
(3) The case manager evaluates the client as no longer in need of IHAS;
(4) The client is deceased;
(5) The client moves to the jurisdiction of another local department;
(6) The client is hospitalized, placed in a long-term care facility, or is receiving community-based waiver program services;
(7) The client is no longer eligible;
(8) The limit in Regulation .07A of this chapter has been reached;
(9) The case manager, with the IHAS supervisor, determines that the service has not been effective in achieving the specific changes in the client's condition or family's situation which were expected to result from providing services;
(10) If an individual on the waiting list has a ranking score of seven or above, the local department shall:
(a) Terminate the client with the lowest score below seven; or
(b) If there is more than one client with the lowest score, terminate the client whose service began first;
(11) If the resources of the local department are insufficient to serve the existing clients, the local department shall terminate the client with the lowest ranking score below seven on the IHAS Ranking Scale, and continue terminating until the remaining clients can be served with the resources available;
(12) The service is suspended for 4 weeks;
(13) The client requests termination;
(14) The client declines IHAS service; or
(15) The client has prevented the IHAS aide from performing tasks agreed upon in the care plan for aide service.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.09 - Appeal Rights and Nondiscrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall give written notification of the right to and the procedures for requesting and obtaining a fair hearing, to each applicant or client of IHAS at the time of application, and if the local department notifies the applicant or client of an action which might deny, delay, suspend, reduce, or terminate service. The procedures are set forth in COMAR 07.01.04.
B. Emergency Action Hearing Requests.
(1) All emergency action hearing requests shall be filed with the local department within 30 days of the certified mailing of the notice of the local department's action, and shall state the name and address of the client, and the effective date of the action appealed.
(2) The local department shall notify the Office of Administrative Hearings immediately upon receipt of an emergency action hearing request. Oral notification shall be followed by written notification within 24 hours.
(3) A hearing shall be conducted within 7 days of the filing date of the hearing request.
(4) A decision by the administrative law judge shall be rendered within 7 days after the conclusion of the hearing.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.14 - In-Home Aide Services › Section 07.02.14.10 - Ranking Applicants and Clients

Current through Register Vol. 51, No. 14, July 12, 2024
A. Local departments shall use the ranking scale shown in §F of this regulation, for applicants who are eligible for aide services.
B. Local departments shall keep a waiting list if they are unable to serve eligible applicants immediately upon request for services. If a local department has more than one office, it may maintain a separate waiting list for each office.
C. Subject to Regulation .08C(10) of this chapter, if there is a waiting list, local departments shall provide aide services to applicants with the highest point total first. Applicants with equal scores shall be served according to the date of application, and those with earlier application dates shall be served first.
D. Individuals on the waiting list shall be served as resources become available.
E. If a rescoring is required by Regulation .08B of this chapter, the local department shall score the client based on the case manager's assessment of the client's condition if IHAS were removed.
F. IHAS Ranking Scale.
(1) IHAS is necessary in order to prevent eviction, or correct environmental conditions which are unsafe or detrimental to the applicant's or the client's health. - 1
(2) Applicant's or client's income is equal to or below the amount for the appropriate family size in a fee schedule published by the administration. - 1
(3) The wage earner would lose job income or job if aide service is not provided. - 1
(4) The applicant or client has suffered a personal or financial loss within the last 6 months which affects the individual's emotional or social functioning. - 1
(5) A community resource is not available and willing to assist the applicant or client with the problem which is causing the need for aide service, or the applicant or the client is socially and psychologically isolated. - 1
(6) The applicant or client is not currently receiving in-home aide service from any other agency, or aide service is being discontinued. - 1
(7) An applicant can be discharged from institutional or child foster care only if aide service is provided - 3
(8) The applicant or client or an individual cared for by the applicant or client is in danger of immediate institutionalization or child foster care if aide services are not provided. - 3
(9) The request for service is related to care of children between:
(a) 10-17 years old - 1
(b) 6-9 years old - 2
(c) 5 years old and under - 3
(10) The client, or individual cared for by the client, is in danger of abuse or neglect by the client or other individual:
(a) Mild - 1
(b) Moderate - 2
(c) Severe - 3
(d) High risk for death - 4
(11) The applicant or client has a physical, psychiatric, or cognitive disability, and needs assistance in order to perform activities of daily living:
(a) Mild - 1
(b) Moderate - 2
(c) Severe - 3
(d) Eligible for institutionalization - 4
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the Social Services to Adults (SSTA) Program is to engage clients and their formal and informal resources while in the process of decreasing risk to the client and achieving successful client goals through identification, linkage and enhancement of client supports and resources. This includes:
(1) Achieving or maintaining the client's safe living environment in the community with formal and informal supports;
(2) Achieving or maintaining self-sufficiency;
(3) Preventing or avoiding abuse, neglect, self-neglect, or exploitation;
(4) Preventing or reducing unnecessary or inappropriate institutionalization;
(5) Achieving or maintaining economic self-support; and
(6) Securing necessary and appropriate institutional care services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. An adult is eligible for Social Services to Adults if the adult:
(1) Is a resident of Maryland. Temporary absence from the State may not interrupt continuity of residence.
(2) Is in need of the services. Need is:
(a) Established if the local department determines that the program 's services will help the adult to achieve the program's purposes;
(b) Determined by the local department staff based on information provided by the adult and other appropriate sources which may include, but need not be limited to:
(i) The adult's family or friends,
(ii) Medical or mental health providers familiar with the adult; or
(iii) Resources to whom the adult is referred for assessment or evaluation purposes.
(3) Has income that does not exceed 80 percent of the State Median Income based on individual family size as described in COMAR 07.02.04.08 and has liquid assets as described within this regulation. The following criteria apply:
(a) Eligibility criteria for information and referral services or crisis intervention services is provided without regard to income; and
(b) Eligibility for on-going case management services may exceed 80 percent of the State Median Income should the adult be assessed as requiring In-Home Aide Services or Adult Foster Care, except as provided in §C of this regulation, if the adult is eligible for placement in a CARE Home.
(4) Has liquid assets that do not exceed:
(a) $19,999 for one individual; and
(b) $3,000 more for each additional family member.
(5) Liquid assets include, but are not limited to:
(a) Checking accounts;
(b) Savings accounts;
(c) Certificates of deposit;
(d) Stocks;
(e) Bonds;
(f) Life insurance cash value in excess of $3,500 per person;
(g) Real estate or property that is not the client's primary residence;
(h) Individual retirement accounts which can be drawn on without penalty;
(i) Trust fund accounts;
(j) Annuity accounts;
(k) Income from lottery prize winnings; and
(l) Mutual fund accounts.
(6) Agrees to receive the service and agrees to pay any fee assessed for services at the time of the initial application or during the reconsideration period.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.04 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. The adult or the adult's representative shall make a referral for service to the local department in writing, by telephone, or in person.
B. The local department based upon availability if staff, shall send a representative to take the application and establish the eligibility of an adult wishing to apply when the adult or the adult's representative is unable to come to the local department.
(1) The Department's representative shall complete an initial assessment of the client's risk, needs, resources, and eligibility within 10 days of receipt of referral.
(2) If the local department finds that it is faced with limited staff resources or experiences a delay in the completion of an application to establish eligibility, the client's name shall be placed on a Client Waitlist without an assessment.
(3) After the adult is placed on the Client Waitlist without an assessment, the local department shall notify the adult or the adult's representative in writing of the action. The written notice shall include the following:
(a) An explanation that, due to a lack of funding or staff, an assessment of the client's eligibility for the program cannot be conducted by the Department at this time, and that the adult's name will be placed on a Client Waitlist without an assessment;
(b) Information that explains that the adult will be contacted by the Department when staff is available to meet with them and discuss their eligibility and application for services;
(c) Information that directs the adult or the adult's representative to contact the agency should the adult's circumstances, need, risk level, or contact information changes so that their referral information can be updated;
(d) Information that specifies the regulation supporting the reason for any necessary intended agency action; and
(e) Information informing the adult that the local department shall contact the adult at least annually to ensure continued accuracy of the referral information, and that services are still needed.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.05 - Local Department Response

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall collect the application and determine client's eligibility and the type of service for which the applicant is appropriate.
B. After determining eligibility and program appropriateness, the local department shall notify the adult or the adult's representative in writing of the decision. If the decision is to:
(1) Accept the application for service the notice shall include the facts that:
(a) The adult is eligible for service and which service will be provided;
(b) Type and amount of service to be provided; and
(c) The right to, and the method for, obtaining a fair hearing;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.06 - Delivery of Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Information and Referral.
(1) When only information and referral is needed, the local department, no later than 5 working days following the request for service, shall:
(a) Clarify the type of information or referral which is requested, if needed; and
(b) Provide information, about availability of programs, appropriate to the request, or make a referral to an available resource, including direction regarding the application and eligibility requirement of the available resource.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.07 - Coordination with Other Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Adult Protective Services.
(1) While providing the service of this program, the SSTA case manager shall be alert for indicators of abuse, neglect, exploitation, or self-neglect and, therefore, requires Adult Protective Services.
(2) If the SSTA case manager determines that indicators of abuse, neglect, or exploitation exist, the worker shall make a referral to Adult Protective Services immediately.
(3) If the SSTA case manager determines that indicators of self-neglect exist, the worker shall make a referral to Adult Protective Services if:
(a) The adult or the adult's representative does not agree to and cooperate with a SSTA service plan which would result in a substantial abatement of the risk due to self-neglect; or
(b) Guardianship of the Person of the adult is necessary to mitigate the risk due to self-neglect.
(4) When the SSTA case manager refers a SSTA client to Adult Protective Services, the case manager shall continue services to the client until Continuing Adult Protective Services has begun.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.08 - Redetermination and Reassessment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall make a redetermination of eligibility:
(1) When required on the basis of information the agency has obtained about change or anticipated changes in the adult's situation;
(2) Promptly, not to exceed 30 days, after information is obtained by the local department about changes in the adult's circumstances which may make the adult ineligible; or
(3) Periodically, but not less frequently than every 6 months.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.09 - Termination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall terminate the provision of SSTA when:
(1) The adult is no longer eligible;
(2) An eligible adult moves to the jurisdiction of another local department and a referral for service to that department is made;
(3) The adult is in need of Continuing Adult Protective Services and referral to that program is made and service has begun;
(4) Specific, measurable, time-limited goals and objectives have been reached;
(5) The case manager determines the adult no longer needs the service, or level of service currently provided;
(6) The case manager determines the service has not been effective in achieving the specific goals, objectives, and changes in the client's condition which were expected to result from the service, and that continued service is not expected to be effective;
(7) The adult requests termination;
(8) The adult has died;
(9) The adult has entered a long-term care facility;
(10) The adult, the adult family or other informal supporters have failed to perform the tasks specified in the service plan agreement;
(11) An adult on the waiting list declines to receive SSTA;
(12) An adult exhibits uncooperative behavior, abuse, or misuse of the service; or
(13) The adult or the adult's representative refuses to accept specific time-limited goals, objectives, and recommendations of the service plan.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.10 - Waiting Lists and Ranking

Current through Register Vol. 51, No. 14, July 12, 2024
A. Client Waitlist without an Assessment. The local department shall establish and enforce a procedure for governing a written waiting list for customers requesting services, if due to a lack of staff the local department is unable to assess the client's need and eligibility for services at the time of referral.
B. Client Waitlist with an Assessment.
(1) The local department shall establish and enforce a procedure governing a written waiting list for adults, assessed and determined eligible for services, if the local department is unable to provide SSTA based on available resources or staffing or both.
(2) SSTA case management services staff shall be provided to applicants in accordance with the local department criteria.
(3) Eligible adults shall be ranked in accordance with the local department's established criteria which shall take into account the adult's vulnerability, level of risk, needs and available resources.
(4) The local department shall update the client's ranking on the waitlist as necessary, based on reported changes in the customer's status but not less frequently than every 6 months.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.15 - Social Services to Adults › Section 07.02.15.11 - Appeals and Complaints of Discrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeal of the Local Department Decision. The local department shall give written notification of the right to and the procedures for, requesting and obtaining a fair hearing to each applicant or recipient of public assistance at the time of application, and whenever the local department notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate assistance. The procedures are set in COMAR 07.01.04.
B. Discrimination. The local department may not discriminate in the delivery of services as required by the nondiscrimination regulations in COMAR 07.01.03.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
Adult Protective Services is a social services program to assist vulnerable adults who are unable to provide for their basic living needs or access necessary professional services, or protect their own interests and are subject to abuse, neglect, exploitation, or self-neglect. Service provision is normally limited to 6 months in which time risk is reduced. Adult Protective Services makes every effort to stabilize the vulnerable adult in the adult's own home within the community through community support services that reduce risk factors.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.03 - Eligibility Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A vulnerable adult is eligible for an investigation of reports by himself or others when abuse, neglect, self-neglect, or exploitation is occurring, except in instances of abuse of a patient occurring in a:
(1) Mental health facility under Health-General Article, Title 10, Annotated Code of Maryland;
(2) Facility for mentally retarded individuals under Health-General Article, Title 7, Annotated Code of Maryland; or
(3) A nursing home or hospital under Health-General Article, Title 19, Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.04 - Report of Vulnerable Adults

Current through Register Vol. 51, No. 14, July 12, 2024
A. A health practitioner, police officer, or human service worker who contacts, examines, attends or treats an alleged vulnerable adult and who has reason to believe that the adult has been subject to abuse, neglect, self-neglect, or exploitation shall notify the local department of social services.
B. An individual who has reason to believe that an alleged vulnerable adult has been subjected to abuse, neglect, self-neglect, or exploitation may file a report with the local department of social services.
C. The local department shall request that the report contain as much of the following information as is known to the person making the report:
(1) The name, age, and home address of the alleged vulnerable adult;
(2) The name and home address of the individual responsible for the care of the alleged vulnerable adult;
(3) The whereabouts of the alleged vulnerable adult;
(4) The nature of the alleged vulnerable adult's incapacity;
(5) The nature and extent of the abuse, neglect, self-neglect, or exploitation of the alleged vulnerable adult, including evidence or information available to the reporter concerning previous injury possibly resulting from abuse, neglect, self-neglect, or exploitation; and
(6) Any other information that would help to determine the:
(a) Cause of the suspected abuse, neglect, self-neglect, or exploitation, and
(b) Identity of any individual responsible for the abuse, neglect, self-neglect, or exploitation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.05 - Response to Report of a Vulnerable Adult

Current through Register Vol. 51, No. 14, July 12, 2024
A. To protect the welfare of the alleged vulnerable adult the local department shall begin a thorough investigation:
(1) Within 5 working days after the receipt of the report of suspected abuse, neglect, self-neglect, or exploitation; or
(2) Within 24 hours after the receipt of the report of suspected abuse, neglect, self-neglect, or exploitation if the report indicates that an emergency exists.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.06 - Protective Service Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The investigation shall include:
(1) A face-to-face interview with the vulnerable adult; and
(2) Information gathered from the adult and collateral contacts.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.07 - Coordination with Law Enforcement Officials

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall:
(1) Report to the appropriate local law enforcement agency any incident of abuse, neglect, or exploitation of an alleged vulnerable adult when the possibility of a crime being committed against the alleged vulnerable adult is indicated by information provided in the initial report to the local department or by information obtained in the course of investigation; and
(2) Send to the local State's Attorney and the appropriate law enforcement agency any incident of abuse, neglect, or exploitation of an alleged vulnerable adult which was or should have been reported to the appropriate law enforcement agency as described in §A(1) of this regulation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.08 - Coordination With Other Agencies

Current through Register Vol. 51, No. 14, July 12, 2024
As appropriate, a local or State Office on Aging or local geriatric evaluation service may assist in the investigation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.09 - Service Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall develop, record, and initiate an appropriate plan for service for each client.
B. The service plan shall include the following:
(1) An assessment of the situation which describes the:
(a) Client's level of risk which means the nature and imminence of risk to the client without intervention;
(b) Client's ability to act on his own behalf which means a statement of the client's strengths and weaknesses in planning and effecting strategies to ameliorate risk;
(c) Current strengths and supports to the client; and
(d) Person or persons contributing to the client's risk by action or inaction;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.10 - Provision of Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Services provided by the local department include:
(1) Counseling;
(2) Coordinating and facilitating the client's use of community resources including health services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.11 - Guardianship Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall file a petition for guardianship in the appropriate court when:
(1) A vulnerable adult who is a client of the Adult Protective Services program is in need of services but lacks sufficient understanding to make and communicate responsible decisions about his person because of mental disability, disease, habitual drunkenness, or addiction to drugs. The petition requires two statements from either two licensed physicians or one licensed physician and one licensed psychologist or licensed certified social worker-clinical, attesting to the nature, severity, and probable duration of any disability or condition.
(2) A less restrictive form of intervention is not available which is consistent with the vulnerable adult's welfare, safety, or condition.
(3) There is no known individual or agency already empowered to act as surrogate decision maker.
(4) There is no interested individual or agency who can or will serve as guardian. The local department shall make a thorough effort to locate such an individual or agency.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.12 - Emergency Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Petition.
(1) When a local department of social services determines that the conditions set forth in Regulation .11A exist except for statements by two authorized licensed health professionals and, in addition, determines that an emergency exists, the local department shall file a petition for services to address the emergency.
(2) Whenever a local department is informed that a law enforcement officer has transported an adult to a health care facility because, from personal observation, the officer believes it is possible that the adult will suffer immediate and serious physical injury or death, the director shall within 24 hours of notification file a petition.
(3) The petition shall include a statement of the facts demonstrating that an emergency exists and that the local department has attempted without success to obtain the person's consent to services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.13 - Redetermination and Termination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department of social services shall:
(1) Review the service plan and the effectiveness of the service given;
(2) Decide whether to continue the service at least every 6 months; and
(3) Decide whether to extend voluntary service beyond the initial 6 months. Extension of service is permissible with supervisory approval and specific documentation of the need to extend the service and if the criteria for termination are not met, as listed in §B of this regulation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.14 - Appeal from Local Department Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeals for a fair hearing and the conduct of the hearing are according to the fair hearing regulations in COMAR 07.01.04.
B. The local department shall give written and oral notification of the right to and methods of requesting and obtaining a fair hearing to each applicant for, and to each recipient of, adult protective services at application and whenever the local department notifies the applicant or recipient of any pending action that may deny, suspend, reduce, or terminate this service.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.15 - Adult Public Guardianship Review Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. There are one or more boards serving each subdivision for the purpose of reviewing at least semi-annually the guardianship cases which are held by any public agency. The boards are advisory to the court and make recommendations to the court to continue, modify, or terminate a guardianship. The local department shall cooperate with the Adult Public Guardianship Review Board in the review of guardianships and provide administrative support staff, office space and any reports required by the Board.
B. Within 6 months following receipt of guardianship, the local department shall make a report to the Board, and shall make reports at 6-month intervals as long as the local department retains guardianship. The reports shall be made in a timely fashion to meet scheduled reviews of the Board.
C. Reports to Adult Public Guardianship Review Boards shall include the:
(1) Present place of residence and health status of the ward;
(2) Guardian's plan for preserving and maintaining the future well-being of the ward;
(3) Need for continuation or cessation of the guardianship or for any plans in altering the powers of the guardian; and
(4) Most recent dates of contact with the ward by the director or the director's designee.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.16 - Discrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual in the United States may not be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance on the grounds of race, color, sex, national origin, or religious and political beliefs.
B. An individual acting on behalf of a vulnerable adult, who believes the vulnerable adult has been discriminated against may file a written complaint that sets forth the events and circumstances of the alleged discrimination.
C. Complaints may be filed with:
(1) The Secretary of Human Resources;
(2) The Office of Employment and Program Equity; or
(3) The Office of Civil Rights, Department of Health and Human Services, Region III, Philadelphia, Pennsylvania.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.16 - Adult Protective Services › Section 07.02.16.17 - Fraud

Current through Register Vol. 51, No. 14, July 12, 2024
Suspected fraud is to be referred by the local department to the State's Attorney for a decision with regard to any necessary legal action, if the facts indicate that an individual has knowingly obtained, attempted to obtain, or aided in the obtainment of, services to which he is not entitled or which are greater than those to which he is justly entitled, by means of a willfully false statement or misrepresentation, by the willful failure to disclose to the local department a change in household or financial condition, or by impersonation or other fraudulent device.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish standards for adult foster care and procedures for enforcement of those standards. They apply to all adult foster care programs offered by local departments of social services. Adult Foster Care Programs are optional to the local departments.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.02 - 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) "Adult Foster Care" means a program that provides a family setting in the community for an aged adult or an adult with disabilities who requires:
(a) Protective oversight;
(b) Assistance with the activities of daily living; and
(c) Room and board.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.03 - Eligibility for Adult Foster Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. The foster adult shall:
(1) Be 18 years old or older;
(2) Be an individual with a disability;
(3) Be able to benefit from the service;
(4) Have a need for the support and interaction of family living; and
(5) Provide a medical and behavioral health history to allow proper care and supervision.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.04 - Local Department Responsibilities to the Foster Adult

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application Process. The local department shall:
(1) Accept applications from the adult, a relative, or a guardian or other representative;
(2) Determine the eligibility of applicants;
(3) Assess the applicant's needs and capacities;
(4) Decide with the applicant whether the service is appropriate;
(5) Refer the applicant to a suitable resource if the decision is that foster care is not appropriate; and
(6) Develop a service plan for each eligible applicant.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.05 - Requirements for Adult Foster Care Providers

Current through Register Vol. 51, No. 14, July 12, 2024
The adult foster care provider shall:
A. Have adequate income and financial stability to provide a reasonable standard of living for the foster family;
B. Have the skills, knowledge, and ability to provide adequate care for foster adults;
C. Cooperate with the local department in the enforcement of these regulations and any other program requirements;
D. Communicate as needed with the local department, relatives, and community resources concerning the foster adult's condition;
E. Have the maturity, patience, and warmth to respond to the foster adult's emotional needs;
F. Be 21 years old or older;
G. Provide for required supervision and care when the caregiver is absent from the home; and
H. Provide three satisfactory non-relative character references.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.06 - Local Department Responsibility to the Provider

Current through Register Vol. 51, No. 14, July 12, 2024
The local department shall:
A. Review applications from those desiring to be considered as adult foster care providers.
B. Review and approve or disapprove all applications within 90 days, after the local department has received all required documentation. If it is determined that there will be a delay in the approval or disapproval of the application, the local department shall advise the applicant, in writing, within 5 working days of the reason for the delay.
C. Conduct a home study if a foster adult is already in the home when an application to be a provider is made. Due consideration is given to the importance of maintaining the home for the adult involved. If the home cannot be approved, the local department shall notify both the foster adult and the caregiver and offer them assistance to meet the standards or inform them of the possible alternatives and of the consequences of continuing in an unapproved home.
D. Conduct an annual review of the foster care home and advise the caregiver in writing of continued approval or disapproval.
E. Offer consultation and supportive services to caregivers.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.07 - Standards for Adult Foster Home Approval and Reapproval

Current through Register Vol. 51, No. 14, July 12, 2024
The local department shall require:
A. A written approval from the local health department of the water supply (well) and waste disposal. A home using a municipal water and sewer system may be exempt from this requirement.
B. Documentation that the home meets the requirement, if any, of the local fire marshal.
C. A clean, well maintained and structurally sound home. The local department may consult with a local building inspector if there is question about possible structural defects.
D. Sleeping and living quarters for foster adults which have:
(1) Appropriate modified access for foster adults whose special physical needs require it (in most cases, foster adults require a first floor and, preferably, a ground level room);
(2) Adequate opportunity for privacy in sleeping and living quarters for each foster adult;
(3) Grab rails and other special equipment in accordance with individual needs;
(4) Storage for clothing and personal possessions, and, if possible, some of the foster adult's own furniture;
(5) Adequate protection and supervision;
(6) Accessibility to family living spaces, which the foster adults are expected to share as a part of the family's life style; and
(7) Adequate household supplies.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.08 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon discovery of a violation of these regulations, the local department shall give the home written notice of the nature of the violation and shall set a time period, not to exceed 90 days, within which the violation is to be corrected.
B. At the end of the period, if the home has failed to correct the violation, the local department shall send to all the foster adults in the home a notice that contains:
(1) A written description of the violation;
(2) An offer to aid in relocation to an approved home or other living arrangement;
(3) A warning that in 60 days the local department will notify the Social Security Administration of the violation and that the Social Security Administration may reduce the amount of the SSI benefits of any foster adult still in the home.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.17 - Adult Foster Care › Section 07.02.17.09 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeals for a fair hearing and the conduct of the hearing are according to the fair hearing regulations in COMAR 07.01.04.
B. The local department shall give written and oral notification of the right and methods of requesting and obtaining a fair hearing to each applicant for, and to each recipient of, adult foster care services at application and whenever the local department notifies the applicant or recipient of any pending action that may deny, suspend, reduce, or terminate this service.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.18 - Respite Care Services › Section 07.02.18.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Respite Care Program is to provide short-term care for individuals with developmental or functional disabilities in or out of their homes by qualified care workers in order to relieve the family or informal caregiver. This temporary care of the adult or child with a developmental or functional disability provides a period of rest and renewal for the family while contributing to maintaining the individual in the community, enabling the individual to live in a family or family-like environment, or assisting the individual in achieving a greater level of independence. Respite care is provided at planned intervals, in a time of crisis, or on an as-needed basis.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.18 - Respite Care Services › Section 07.02.18.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility for Respite Care Services. Except as provided in §B of this regulation, the following individuals are eligible for respite care services:
(1) A family residing in Maryland with an individual with a developmental or functional disability;
(2) An individual in Maryland with a developmental or functional disability, who does not reside with a family; and
(3) An individual in Maryland with a developmental or functional disability living in a foster home.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.18 - Respite Care Services › Section 07.02.18.04 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant seeking respite care services shall apply to the provider of the services. If the local department does not provide the services, it shall refer the applicant to the DHR respite care provider in their area or to another appropriate provider. The provider shall inform the applicant about the eligibility requirements, rights, and obligations under the program. The applicant shall complete the application on a form approved by the Administration. The completed application shall include:
(1) The date of application;
(2) The name of the individual with the developmental or functional disability;
(3) The address of the applicant, and phone number, if any, of the nearest phone for emergencies;
(4) The name and address of the informal caregiver;
(5) The school or day program in current use by the individual with the developmental or functional disability;
(6) The living arrangement of the applicant, including information about the household composition;
(7) Other current state or county services used by the consumer;
(8) The amount and source of total income;
(9) Medical or psychological information by a licensed health care provider which enables the respite care provider agency to determine that the applicant is an individual with a developmental or functional disability and the type and level of care needed;
(10) The name, address, telephone number, and relationship of the applicant to the individual with the developmental or functional disability; and
(11) Authorization for the release of medical and psychological information.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.18 - Respite Care Services › Section 07.02.18.05 - Application for Subsidy

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the total income is less than or equal to 150 percent of the State's median income adjusted to family size, the applicant may be eligible for a subsidy.
B. Income amounts are included in the total income only if they are regular and ongoing. That is, one-time payments such as gifts or income tax refunds are not included. The total income includes items deducted from salaries and wages such as withholding taxes or social security.
C. Medical Expenses. Medical expenses are deducted from total income if the medical expenses are:
(1) Related exclusively to the expenses of the individual with the developmental or functional disability, such as prosthetic devices, but not expenses which would apply to other members of the applicant's household, such as cold remedies;
(2) Documented as paid by a valid receipt;
(3) Not covered by any insurance or other payment coverage; and
(4) Calculated for the preceding 12 months.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.18 - Respite Care Services › Section 07.02.18.06 - Payment Rate for Subsidized Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. For paid care workers, the hourly pay rate is set and published by the Administration.
B. The pay rate for a day of respite care is 10 times the hourly rate paid.
C. When more than one individual with a developmental or functional disability requires care in the same household, payments and fees are 1/2 the set rate for each additional individual with a disability in the household, in addition to the full rate for the initial individual.
D. The income of the consumer determines the amount of the subsidy the consumer may receive. A sliding fee scale based on family income is established and published by the Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.18 - Respite Care Services › Section 07.02.18.07 - Delivery of Respite Care Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Care Record. If an application is accepted, the provider shall develop and maintain a care record for each recipient of the service. The care record includes the:
(1) Completed application;
(2) Service plan;
(3) Records of each redetermination and reconsideration;
(4) Records of termination and disposition of the case; and
(5) Records of service delivery.