reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.06 - Citizen's Review Board for Children › Section 07.01.06.07 - Responsibilities of the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall ensure the timely and accurate flow of information requested by the State and local boards to perform:
(1) Timely and meaningful case reviews; and
(2) Program monitoring functions.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.06 - Citizen's Review Board for Children › Section 07.01.06.08 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
State and local review board members and staff shall maintain confidentiality pursuant to COMAR 07.01.07.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. With the exception of child protective services records, this chapter governs confidentiality of records and information of the Department of Human Resources and local departments. COMAR 07.02.07 governs the confidentiality of child protective services records.
B. If this chapter conflicts with any other applicable State or federal regulation or law, the provision which more strictly protects confidentiality of records applies.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.02 - 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) "Act" means the Public Information Act, State Government Article, §
										10-611 et seq., Annotated Code of Maryland.
(2) "Administration" means any of the following administrations within the Department of Human Resources:
(a) Social Services Administration;
(b) Family Investment Administration;
(c) Child Support Enforcement Administration.
(3) "Custodian" means an authorized employee of the Department, an administration, or a local department having actual control and custody of a record.
(4) "Department" means the Department of Human Resources, its administrations, and the local departments.
(5) "Fugitive felon" means an individual who:
(a) Is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or an attempt to commit a crime that, under the law of the place the individual is fleeing, is a felony; or
(b) Is in violation of a condition of probation or parole.
(6) "Information" means any part of a record, in any form.
(7) License.
(a) "License" means formal written permission required by law to:
(i) Perform an act or provide a service; and
(ii) Be obtained from the Department.
(b) "License" includes terms used for similar forms including "registration".
(8) "Local department" means the local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.
(9) "Official custodian" means the executive head of the Department, administration, or local department in which a record is located.
(10) "Record" means the original or any copy of documentary material, in any form that, in the transaction of public business, is made by, received by, or received from:
(a) The State;
(b) Any county or city of the State; or
(c) Any subdivision or agency of the State, or a county or city.
(11) "Requestor" means a person requesting disclosure of or access to a record.
(12) "State" means the State of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.03 - General Right to Information

Current through Register Vol. 51, No. 14, July 12, 2024
Except as prohibited by federal or State law, including this chapter, a custodian shall grant the proper request of a person for access to any record of the Department if provisions are made for the protection of the identity of:
A. The reporter of child abuse or neglect, or of abuse, neglect, self-neglect, or exploitation of a vulnerable adult; or
B. Any other individual whose life or safety may be endangered by disclosing the information.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.04 - Program Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as permitted by other law or regulation, a custodian shall deny a request for disclosure of any information or record concerning an applicant for service or customer under the following programs:
(1) Social Services;
(2) Family Investment;
(3) Purchase of Child Care;
(4) Community Services;
(5) Child Support Enforcement; and
(6) Medical Assistance.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.05 - Disclosure by Consent

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant or customer may consent to disclosure of specific information to a third party, if the requirements of this regulation are met.
B. An applicant or customer identified in the record shall sign a written consent form, which includes the:
(1) Specific information to be disclosed;
(2) Person or agency requesting the information;
(3) Person or agency to receive the information;
(4) Purpose for the disclosure;
(5) Date of the request;
(6) Signature of the applicant or customer; and
(7) Date signed.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.06 - Mandatory Denial of a Request for Disclosure of Other Records-General

Current through Register Vol. 51, No. 14, July 12, 2024
A. A custodian of a record shall deny a request for disclosure:
(1) If the disclosure requested is contrary to any:
(a) State or federal statute or regulation,
(b) Maryland Rule of Procedure, or
(c) Court order;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.07 - Discretionary Denial of Request for Disclosure of Records

Current through Register Vol. 51, No. 14, July 12, 2024
An official custodian may deny disclosure or personal review of a record otherwise required to be disclosed if:
A. The official custodian believes that disclosure is contrary to:
(1) The public interest;
(2) In a child abuse or neglect case, the best interest of a child who was allegedly subject to abuse or neglect, of the child's siblings, or of other children in the household, family, or care of the alleged abuser or neglector; or
(3) In an adult protective service case, the best interest of a vulnerable adult who was allegedly subject to abuse, neglect, self-neglect, or exploitation; and
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.08 - Reporting Crimes, Child Abuse, and Neglect

Current through Register Vol. 51, No. 14, July 12, 2024
The following prevail over the confidentiality provisions of this chapter:
A. Suspected child abuse or neglect, or abuse, neglect, self-neglect, or exploitation of a vulnerable adult, shall be reported in accordance with the provisions of Family Law Article, Annotated Code of Maryland;
B. Suspected fraud in the administration of a Department program shall be reported as required by the regulations for that program;
C. Any ongoing or imminent criminal conduct of an applicant or customer may be reported to appropriate law enforcement personnel.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.09 - Continuing Requirements of Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
When the custodian of the record discloses confidential information to an individual other than an employee of the Department or a law enforcement agency in accordance with this chapter and COMAR 07.01.02, the custodian shall inform the individual to whom the disclosure is made of the obligation to keep the information confidential, in accordance with Article 88A, § 6, Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.10 - Criminal Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A court may find a disclosure of confidential information in violation of this chapter to:
A. Be a criminal offense punishable by a fine of not more than $500, or by 90 days imprisonment, or both; and
B. Result in civil liability for damages.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.11 - Limitations on Information Sent to Customers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Materials sent or distributed to an applicant for service or customer, or to vendors of medical services provided to customers of public assistance, shall:
(1) Be directly connected to the administration of the respective program and have no political implications; and
(2) Contain the names only of individuals directly connected with the administration of the program, identified only in their official capacity with the Department.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.07 - Confidentiality of Records › Section 07.01.07.12 - Protection of Customer Case Files and Other Public Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local department shall have written policies establishing procedures for the:
(1) Maintenance of customer case files; and
(2) Removal and return of materials to customer case files.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for a person in interest to request the correction or amendment of personal records in the Department of Human Resources or the local department under State Government Article, §10-625, Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.02 - 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) "Administration" means any of the following administrations within the Department of Human Resources:
(a) Social Services Administration;
(b) Family Investment Administration; or
(c) Child Support Enforcement Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest may request the Department or a local department to correct or amend a personal record pursuant to State Government Article, §10-625, Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.04 - Procedures for Requesting Correction or Amendment of Personal Records

Current through Register Vol. 51, No. 14, July 12, 2024
The request shall be in writing and state the:
A. Name, address, and telephone number of the requestor;
B. Identity of the record the requestor is seeking to correct or amend;
C. Precise correction or amendment requested; and
D. Justification for the correction or amendment.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.05 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request to correct or amend a personal record of the Department or a local department shall be addressed to the custodian of the record.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.06 - Procedures for Responding to a Request for Correction or Amendment of Personal Records

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after receipt of a request for correction or amendment of personal records that:
A. Complies with Regulations .04 and .05 of this chapter, the custodian shall:
(1) Make the requested correction or amendment and notify the requestor in writing; or
(2) Inform the requestor in writing that the record may not be amended or corrected as requested because:
(a) The requestor is not a person in interest,
(b) The record to be corrected or amended is not a personal record,
(c) The requestor is not entitled to inspect the records under State Government Article, §
											10-611 et seq., Annotated Code of Maryland, or
(d) Other reasons mandated by law; or
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.07 - Notification to Third Party

Current through Register Vol. 51, No. 14, July 12, 2024
If the custodian previously disclosed information from a personal record to a third party and receives a request for correction or amendment to the personal record, the custodian:
A. Shall inform the third party in writing within 30 days of the correction or amendment to the personal record; or
B. Does not need to notify the third party, if the custodian denies the request.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.08 - Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Department or local department finally refuses a request to make a correction or amendment pursuant to Regulation .06, the person in interest may submit to the Department or local department a concise statement, not to exceed five 8-1/2 x 11 inch pages, of the reasons for:
(1) The requested correction or amendment; and
(2) Disagreement with the Department or local department's refusal to make the requested correction or amendment.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.08 - Correction or Amendment of Personal Records › Section 07.01.08.09 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A requestor may seek an administrative review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, if the requestor has been denied:
(1) A request to change a personal record;
(2) The right to file a statement of disagreement; or
(3) The right to have a statement of disagreement forwarded to a third party.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.09 - Evaluation of the Local Directors of Social Services › Section 07.01.09.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations establish the procedures for evaluating the local directors of social services, Department of Human Resources.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.09 - Evaluation of the Local Directors of Social Services › Section 07.01.09.02 - 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) "Department" means the Department of Human Resources.
(2) "Governing body" means the county executive, county commissioners, Mayor of Baltimore City, or the county council of Talbot County or Wicomico County.
(3) "Local board" means the local advisory board of the local departments of social services.
(4) "Local department" means the local department of social services in each political subdivision of the State.
(5) "Local director" means the director of the local department of social services.
(6) "Secretary" means the Secretary of Human Resources.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.09 - Evaluation of the Local Directors of Social Services › Section 07.01.09.03 - Process for Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary, the governing body of the jurisdiction, and the local board of social services shall annually evaluate, in writing, the local director.
B. The Secretary shall incorporate the evaluation of the governing body and the local board in the Secretary's evaluation of the local director.
C. The Secretary or the Secretary's designee, subject to the Secretary's approval, shall decide the applicable criteria to be used in the Secretary's evaluation of the local directors, and apprise the local directors in writing of the criteria.
D. The Secretary shall request input from the Department to be used in evaluating a local director.
E. The Secretary, the governing body, and the local board or their designees shall jointly review their respective evaluations annually with the local director.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.10 - Office of the Inspector General › Section 07.01.10.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall establish an Office of the Inspector General (OIG).
B. Mission of the OIG. The OIG:
(1) Protects the integrity of the Department and local departments;
(2) Ensures the achievement of program goals and compliance with State statutes and regulations by providing the following independent preventive and enforcement services:
(a) Investigations,
(b) Reviews, and
(c) Internal audits; and
(3) Identifies, investigates, and resolves suspicions of fraud, waste, and abuse.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.10 - Office of the Inspector General › Section 07.01.10.02 - 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) "Administration" means any of the following administrations within the Department:
(a) Social Services Administration;
(b) Family Investment Administration;
(c) Child Care Administration; and
(d) Child Support Enforcement Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.10 - Office of the Inspector General › Section 07.01.10.03 - Responsibilities of the Inspector General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program Fraud. The OIG shall provide a uniform level of prevention and investigation services relating to program fraud, including suspected fraudulent activities by customers, throughout the Department and local departments.
B. Employee and Contractor Investigations. The OIG shall provide a uniform level of investigative services involving allegations of misconduct by Department and local department staff, contractors, and contractors' employees.
C. Internal Audit. The OIG shall provide the following internal audit functions:
(1) Conduct internal audits throughout the Department and local departments which include:
(a) Financial,
(b) Compliance, and
(c) Performance;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.10 - Office of the Inspector General › Section 07.01.10.04 - Responsibilities of the Department and the Local Departments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Employees and Contractors.
(1) Employees, contractors, and contractors' employees shall cooperate fully with OIG staff conducting official investigations, reviews, and internal audits.
(2) The OIG shall have access to Department, local department, and contractor records relevant to the activities of the OIG.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.10 - Office of the Inspector General › Section 07.01.10.05 - Cooperation with Other Agencies

Current through Register Vol. 51, No. 14, July 12, 2024
A. The OIG may participate in investigations and audits, and monitor implementation of corrective actions described in Regulation .03 of this chapter, in conjunction with applicable activities of any federal, State, or local agency.
B. The OIG shall maintain liaison with the Office of the Attorney General and State's attorney's offices by:
(1) Referring cases to prosecutors which show evidence of fraud or other criminal misconduct; and
(2) Assisting the prosecutor in further investigation, if needed, and in the prosecution of cases, when requested.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.11 - Buildings and Grounds of Local Departments of Social Services › Section 07.01.11.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The local departments of social services are agencies of the Department of Human Resources and guided by COMAR 07.01.03.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.11 - Buildings and Grounds of Local Departments of Social Services › Section 07.01.11.02 - 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) "Department" means the Department of Human Resources.
(2) "Local department" means the department of social services in a county or Baltimore City.
(3) "Property" means buildings, improvements, or grounds owned or leased by the local department of social services.
(4) "Secretary" means the Secretary of Human Resources.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.11 - Buildings and Grounds of Local Departments of Social Services › Section 07.01.11.03 - Local Departments of Social Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Local departments located in multiservice centers or in other settings under the jurisdiction of the Department of General Services shall comply with COMAR 04.05.01.02A - ----.08 regarding the following:
(1) Property access;
(2) Prohibited conduct;
(3) Distribution of handbills;
(4) Vehicular traffic;
(5) Controlled dangerous substances and alcoholic beverages;
(6) Solicitation and debt collection; and
(7) Demonstrations and rallies.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.11 - Buildings and Grounds of Local Departments of Social Services › Section 07.01.11.04 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who violates the regulations in this chapter and applicable laws may be prosecuted for trespassing or another applicable violation.
B. The regulations in this chapter may not be construed to abrogate any other federal, State, or local laws applicable to any area within the local department.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.13 - Legal Services › Section 07.01.13.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Maryland Legal Services Program is to make legal services available to:
A. Children determined to be in need of assistance (CINA);
B. Children in termination of parental rights (TPR) proceedings; and
C. Indigent adults in adult guardianship proceedings.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.13 - Legal Services › Section 07.01.13.02 - Components

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland Legal Services Program is composed of two programs:
A. The Contracts for Legal Services Programs under Regulation .04 of this chapter; and
B. The Court Appointed Attorneys Program under Regulations .05-.07 of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.13 - Legal Services › Section 07.01.13.03 - 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) "Client" means a child involved in a CINA or TPR proceeding or an indigent adult involved in an Adult Protective Services (APS) or Adult Public Guardianship Review Board (APGRB) hearing.
(2) "Director" means the Director of Maryland Legal Services Program.
(3) "Judicare Committee" means the Judicare Committee of the Section of Delivery of Legal Services of the Maryland State Bar Association.
(4) "Local department" means a local county department of social services, the Baltimore City Department of Social Services, or the Montgomery County Department of Health and Human Services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.13 - Legal Services › Section 07.01.13.04 - Contracts for Legal Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contracts shall be entered into with legal service delivery organizations to represent:
(1) Child adoptions or guardianships under Family Law Article, §
										5-323, Annotated Code of Maryland, or other proceedings involving children and falling under Courts and Judicial Proceedings Article, §
										3-813, Annotated Code of Maryland; and
(2) Adult guardianships or protective services under the Estates and Trusts Article, §
										13-705 or  13-709, Annotated Code of Maryland, or a case under Family Law Article, §
										14-404, Annotated Code of Maryland, in which either the Department of Human Resources or the Department of Aging is involved.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.13 - Legal Services › Section 07.01.13.05 - Court-Appointed Attorneys

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a court appoints private counsel, at the expense of the State, for an eligible individual in a case involving a local department of social services or the Department of Aging, the State may assess the attorney's fees against the local department as a party to the case.
B. The Department of Human Resources is responsible for payment of attorney fees and costs legally assessed against the State to:
(1) Monitor costs; and
(2) Ensure uniform treatment.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.13 - Legal Services › Section 07.01.13.06 - Proceedings Involving Children

Current through Register Vol. 51, No. 14, July 12, 2024
A. Court-Appointed Attorney Payment Procedures.
(1) Upon completion of a child adoption or guardianship under Family Law Article, §
										5-323, Annotated Code of Maryland, or other proceeding under Courts and Judicial Proceedings Article, §
										3-813, Annotated Code of Maryland, the court-appointed attorney shall petition the court for an order directing the local department or the Department of Human Resources to pay a specified fee and costs to the attorney for services rendered to the client named in the order.
(2) At the time that the petition is filed with the court, a copy of the petition for award of attorney fees shall be submitted to:
(a) Director, Maryland Legal Services Program, 311 West Saratoga Street, Baltimore, MD 21201; and
(b) The attorney who presented the case for the State.
(3) The following information shall be stated in the order, or shall be included in the petition for award of attorney fees, or in other court documents submitted with the court order:
(a) The case was a child adoption or guardianship proceeding under Family Law Article, §
											5-323, Annotated Code of Maryland, or a proceeding under Courts and Judicial Proceedings Article, §
											3-813, Annotated Code of Maryland;
(b) The name of the attorney representing the child;
(c) The identity of the local department that was a party to the case;
(d) The hours that the attorney spent in trial and nontrial activities, separately specified; and
(e) The court has determined that the stated fee and stated costs are reasonable and has awarded the fee and costs to the attorney.
(4) The Director may request additional supporting documentation to justify payment of the requested fee.
(5) The attorney shall then submit to the Director at the address specified in §A(1)(a) of this regulation:
(a) A copy of the court order;
(b) A statement of the federal identification number or Social Security number under which the payment is to be reported to the Internal Revenue Service for tax purposes;
(c) Any other required documentation as outlined in §A of this regulation; and
(d) The Maryland Legal Services Program's request for payment form.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.13 - Legal Services › Section 07.01.13.07 - Adult Guardianships or Protective Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Court-Appointed Attorney Payment Procedures.
(1) Upon completion of an adult guardianship or protective services case under Estates and Trusts Article, §
										13-705 or  13-709, or Family Law Article, §
										14-404, Annotated Code of Maryland, the Court-appointed attorney shall submit to the Director of the Maryland Legal Services Program:
(a) A copy of the court order appointing the attorney counsel for the client named in the order;
(b) A certification that:
(i) The case was an adult guardianship or protective service under Estates and Trusts Article, §
												13-705 or  13-709, or Family Law Article, §
												14-404, Annotated Code of Maryland;
(ii) Separately identifies the hours that the attorney spent in trial and nontrial activities;
(iii) Identifies the costs; and
(iv) Identifies the local department of social services or the Department of Aging that was a party to the case;
(c) A summary of any unusual or novel issues of law or fact in the case or other special factors that the attorney wants considered in the determination of a reasonable fee;
(d) Copies of time sheets or other documentation of the time spent, and receipts, bills, or other documentation of expenses claimed;
(e) A statement of what the attorney is requesting as a reasonable fee; and
(f) A statement of the federal identification number or Social Security number under which the payment is to be reported to the Internal Revenue Service for tax purposes.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the crisis shelter home program is to provide temporary shelter, meals, counseling, and information and referral to homeless women of the State.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Department" means the Department of Human Resources.
B. "Homeless woman" means a female 18 years old or older who is without shelter, and who is not eligible for or not able to be housed by another shelter facility or housing service at the time of application.
C. "Resident of the State" means a person who is living in the State voluntarily and not for temporary purposes, with no immediate intention of moving from the State at the time of application.
D. "Crisis shelter home" means a facility that provides shelter, meals, information and referral service, and counseling.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A homeless woman who is a resident of Maryland, as defined in Regulation .02C, and not excluded by the provisions below is eligible for service to homeless women in a shelter home.
B. The shelter home may not accept:
(1) An applicant who is a resident of a Department of Health and Mental Hygiene facility for whom discharge planning responsibility rests with the Department of Health and Mental Hygiene.
(2) A person who is a clear and present danger to herself or others;
(3) A person who is intoxicated by alcohol or under the influence of unprescribed drugs;
(4) A person who is in need of acute medical, psychiatric, or nursing care; or
(5) A person who is not willing or able to abide by shelter rules.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.04 - Application and Admission

Current through Register Vol. 51, No. 14, July 12, 2024
A. A homeless woman may apply for admission directly or be referred from another source.
B. A staff person shall assess the application and determine whether the applicant is eligible, and whether services are available and appropriate for the applicant.
C. For the applicant who is accepted into the shelter home, the staff person shall explain the services available and attempt to obtain the applicant's written agreement to abide by shelter rules.
D. Within the first 3 working days from date of admission to the shelter home, the staff person, with the applicant, shall develop and begin to implement a service contract.
E. The staff person shall determine any fee to be paid for services based on fee scales set in Regulation .11 of this chapter. The agreement to pay any required fee is a part of a signed service contract.
F. The staff person shall attempt to locate and secure alternate appropriate services when the applicant cannot be admitted to the shelter home for lack of space or ineligibility.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.05 - Services Provided by the Crisis Shelter Home

Current through Register Vol. 51, No. 14, July 12, 2024
A. The shelter home shall offer the following services:
(1) Receipt of and response to crisis calls on a 24-hour basis;
(2) Safe accommodations and board for residents;
(3) Assessment with the resident of the resident's needs, capacities, and resources;
(4) Planning and counseling with the resident to link her to appropriate community services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.06 - Duration of Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maximum residence in the shelter home is 12 continuous weeks.
B. A former resident of the shelter home may return to the shelter for service for up to 3 days if space is available and she is not excluded by Regulation .03B of this regulation.
C. A former resident may return to the shelter home for service beyond 3 days only at the discretion of the director of the crisis shelter home, and not more than one time during any 12-month period.
D. The shelter home shall terminate services when the:
(1) Goal set in the service plan is reached;
(2) Resident requests termination of services;
(3) Resident fails to abide by the shelter rules, including taking responsibility for housekeeping duties in the shelter home and maintaining acceptable standards of housekeeping in her assigned room;
(4) Resident has reached the maximum length of stay in the shelter home.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.07 - Requirements for the Crisis Shelter Home

Current through Register Vol. 51, No. 14, July 12, 2024
A. The shelter home shall have available:
(1) Room and board capacity for each resident;
(2) Counseling and supportive services; and
(3) Staff or volunteers under staff supervision trained to:
(a) Assess need;
(b) Establish eligibility;
(c) Develop service contracts;
(d) Assist the resident to use community resources; and
(e) Monitor effectiveness of plans and services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.08 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fiscal Reporting.
(1) The shelter home shall maintain books, records, documents, and other evidence of all expenditures and income. The shelter home shall furnish monthly expenditure statements and other reports as required by the Department.
(2) All books, records, documents, and other evidence shall be presented upon receipt of reasonable notice of inspection, review, or audit by the Department or other agency authorized to monitor the performance of the shelter home.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.09 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. The shelter home may not disclose identifying information regarding an applicant or recipient of service to any agency or individual without written authorization to do so from the applicant or recipient, except to Department of Human Resources employees authorized to monitor or audit the program.
B. The shelter home shall maintain all written records regarding applicants and recipients of service in a secure locked location.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.10 - Grievance Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision.
B. The local program shall forward to the Department a summary of each decision rendered, including finding of fact concerning each grievance heard.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.17 - Homeless Women-Crisis Shelter Home › Section 07.01.17.11 - Charges and Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The shelter home shall charge fees to the resident.
B. Determination of Fee.
(1) The amount to be charged to the resident of the shelter home is set according to available monthly income and resources. The income scale and fee amounts are set in §C of this regulation.
(2) Income from the following sources is included in determining the monthly income of a recipient of services:
(a) Wages received by the recipient after any required deductions;
(b) Child support received directly;
(c) Alimony payments received directly;
(d) Dividends or interest actually received from savings, stocks, or bonds;
(e) Social Security, V.A., or other disability or retirement pension plan payments actually received;
(f) Public assistance payments actually received; and
(g) Other money income, such as tips, donations, or rents.
(3) The following fixed continuing expenditures are deducted from the monthly income of a recipient:
(a) Housing obligations such as rent, mortgage payments, utility costs, security or utility deposit actually paid by the client;
(b) Child care payments actually paid by the client;
(c) Work related expenses such as transportation costs, uniform costs, meal expenditures;
(d) Health related expenses actually paid by the client, such as monthly doctor, hospital, or dental bills, health insurance; and
(e) Any regular payments such as for charge accounts, car payments, loans.
(4) The remaining income is considered the available monthly income of the recipient.
Available Monthly Income
Daily Charges
$0-$99
None
100-149
$ .50
150-199
1.00
200-249
1.50
250-299
2.00
300-349
2.50
350-399
3.00
400 and over
4.00
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.18 - Service Linked Housing Program › Section 07.01.18.01 - Program Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the Service Linked Housing Program is to provide funding for resident advocates who are employed by providers to link low-income residents of permanent housing to services and to help them remain in their housing.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.18 - Service Linked Housing Program › Section 07.01.18.02 - 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) "Department" means the Department of Human Resources.
(2) "Local administering agency (LAA)" means the agency designated by the Department or local government to manage the program in a particular subdivision, and to provide a service directly or by contract with the provider.
(3) "Low-income individual or family" means an individual or one or more adults and children living together as a family whose income does not exceed 50 percent of the area median income.
(4) "Provider" means a local agency that:
(a) Is a nonprofit agency, an agency of local government, a public housing authority, or a for-profit organization in partnership with a nonprofit agency or local government, or both; and
(b) Contracts with the Department or an LAA to provide services under the program.
(5) "Resident" means a low-income individual or family living in permanent housing and participating in the Service Linked Housing Program.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.18 - Service Linked Housing Program › Section 07.01.18.03 - Eligibility for Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual or family is eligible to receive services from a resident advocate if the individual or family is low-income as defined in Regulation .02 of this chapter and is:
(1) Living in permanent housing; and
(2) Determined by the provider to be in need of services in order to remain in the housing.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.18 - Service Linked Housing Program › Section 07.01.18.04 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may apply in person directly to the provider or LAA, and shall complete the application form required by the provider or LAA.
B. The provider or LAA shall:
(1) Explain to the applicant the services available;
(2) If resources are available, give the applicant an opportunity to complete an application form and, if needed, assist the applicant in completing the form; and
(3) Give the applicant written notice of the right to and method for obtaining a fair hearing or grievance procedure.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.18 - Service Linked Housing Program › Section 07.01.18.05 - Delivery of Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The resident advocate shall help the resident locate and obtain services and facilitate the resident's participation in the surrounding community.
B. The resident advocate shall provide services such as the following:
(1) Interacting regularly with the resident and identifying the resident's special needs;
(2) Helping the resident develop interpersonal skills and support networks;
(3) Linking the resident with health, mental health, and addiction services, and with education and employment opportunities, or with any other service identified as needed;
(4) Helping the resident to apply for benefits and to use food programs or other programs identified as needed; and
(5) Scheduling workshops with community resources on topics such as financial planning, budgeting, literacy, computer skills, and parenting skills.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.18 - Service Linked Housing Program › Section 07.01.18.06 - Use of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
A. The LAA or provider shall use Program funds for:
(1) The resident advocate's salary, FICA, unemployment insurance, and benefits such as health insurance and vacation;
(2) Start-up costs for new projects as approved by the Department; and
(3) Other items as designated by the Department.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.18 - Service Linked Housing Program › Section 07.01.18.07 - Appeal and Grievance Rights, and Nondiscrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeal From LAA Decision.
(1) If the LAA is also the provider, the LAA shall give written notification of the right to and the procedures for requesting and obtaining an administrative hearing to each applicant or recipient of the Program services:
(a) At the time of application; and
(b) Whenever the LAA notifies an applicant or recipient of any action which might deny, suspend, reduce, or terminate service.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.18 - Service Linked Housing Program › Section 07.01.18.08 - Reports and Forms

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall provide to the LAA the forms necessary to carry out the program.
B. The LAA shall transmit to providers the forms that are applicable to the providers.
C. The LAA shall make reports required by the Department.