reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.06 - Notification of Out-of-State Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The placing agency shall submit a
				notification of State funding for the costs, or a portion of the costs, of the
				placement, as provided by applicable State laws.
B. Prior to notification of out-of-State
				placement to the SCC, the placing agency shall notify all appropriate local
				agencies, the local school system and family members of the placement decision
				and expected admission date.
C.
				Prior to notification of out-of-State placement to the SCC, the placing agency
				shall ensure that funding discussions have included input from all appropriate
				local agencies, the local school system and family members.
D. The notification shall be on a form
				specified by the SCC and shall include the following:
(1) Information deemed necessary by the SCC
				to identify the child, the child's intensive needs, and the nature and costs of
				the recommended placement;
(2)
				Documentation of the placing agency's efforts to serve the child in the least
				restrictive environment appropriate to the child's needs, including:
(a) A description of efforts to identify
				appropriate community-based services to meet the child's needs;
(b) Reasons why community-based options were
				considered inadequate to meet the child's needs or were otherwise
				rejected;
(c) A description of
				additional supports and services which would be required to provide appropriate
				services in an in-State facility, a community-based program, or the child's
				home;
(d) The lack of availability
				of appropriate in-State facilities and services to meet the needs of the child;
				and
(3) A plan for the
				child's return from the out-of-State placement, including:
(a) Time frame for the child's
				return;
(b) Description of services
				and resources needed to facilitate the child's return; and
(c) As appropriate, identification of a
				strategy for developing resources needed to facilitate the child's return which
				are not currently available in the community.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.07 - Parental Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Attendance at LCT.
(1) A child's parents and
				the child's legal counsel shall be invited to attend a meeting of the LCT or
				any portion of the meeting during which the child's care is
				discussed.
(2) The child's parents
				and legal counsel may present information to the meeting participants regarding
				their position as to the child's needs and care.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.08 - SCC Coordination of Monitoring of Out-of-State Residential Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The SCC shall
				develop and implement a process to coordinate the monitoring of out-of-State
				facilities where Maryland children are being served at State expense.
B. The SCC shall review any monitoring
				reports of site visits of out-of-State facilities that have been conducted by
				placing agency monitoring teams.
C.
				Based upon the findings of a placing agency monitoring team, the SCC shall
				consult with the monitoring team to determine whether remedial actions are
				necessary.
D. Each SCC member shall
				notify appropriate agency staff of any reports of monitoring of out-of-State
				residential services.
E. The SCC
				shall review licensing and monitoring reports from each state in which a
				facility under contract with a placing agency is located.
F. The Department of Human Resources,
				Department of Juvenile Services, Department of Education, and Department of
				Health and Mental Hygiene will share official monitoring reports with the SCC
				within 2 weeks of report being finally approved by the relevant agency head or
				designee.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.01 - Local Care Teams and State Coordinating Council › Section 14.31.01.09 - Amendments

Current through Register Vol. 51, No. 14, July 12, 2024
Before being submitted for publication, any proposed
				  amendments to this chapter shall be reviewed and approved by the Office for
				  Children and the Children's Cabinet.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to establish a single
				  point of entry for the licensing of residential child care programs with the
				  Department of Human Resources, the Department of Juvenile Services, and the
				  Department of Health and Mental Hygiene, and to coordinate the licensing
				  process for residential child care facilities and the approval of education
				  programs in such facilities with the Department of Human Resources, the
				  Department of Juvenile Services, the Department of Health and Mental Hygiene,
				  and the Department of Education.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to the licensing of the residential
				  child care programs licensed by the Department of Human Resources, the
				  Department of Juvenile Services, or the Department of Health and Mental
				  Hygiene.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.03 - 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) "Agencies" means the Department of Human
				Resources, the Department of Juvenile Services, the Department of Health and
				Mental Hygiene, and the Department of Education.
(2) "Care" means food, clothing, education,
				shelter, social or health services, or any combination of these rendered in a
				residential setting.
(3) "Child"
				means an individual younger than 21 years old, unless otherwise provided by
				State law.
(4) "Children's Cabinet"
				means those agencies directed by Executive Order:
(a) To examine Maryland's system of services
				to children and their families; and
(b) To facilitate ongoing improvements to
				this service delivery system.
(5) "Expansion request" means the materials
				required by the Office, from an established provider who wishes to expand a
				residential child care program to an additional location.
(6) "Facility" means the physical premises
				where a residential child care program is operated.
(7) "Licensing" means the process undertaken
				by an agency to issue, suspend, or deny a license.
(8) "Monitoring" means the process of
				assessing continuing compliance with agency licensing requirements and
				applicable statutes and regulations.
(9) "Office" means the Governor's Office for
				Children.
(10) "Program
				administrator" means the individual designated by the licensee's governing body
				as having day-to-day responsibility for the administration and operation of a
				program, including ensuring the care, treatment, safety, and protection of the
				children residing in the program.
(11) "Proposal" means the materials required
				by the Office from a potential new provider or an established provider to
				develop a new residential child care facility or program.
(12) "Provider" means the operator of a
				program.
(13) "Residential child
				care program" means a program of care provided in a residential setting by a
				provider on a 24-hour basis for longer than 24 hours to a child or children
				unless otherwise provided by State law.
(14) "Sanctions" means all or any part of the
				penalties agencies impose on facilities or providers for failure to comply with
				the applicable licensing laws and regulations.
(15) "Single point of entry review panel"
				means an interagency panel convened as needed at the request of the Office for
				Children to review proposals and expansion requests.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.04 - Single Point of Entry

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Office shall serve as a single point of entry for a:
(1) Prospective provider that wishes to
				establish a residential child care program; and
(2) Current provider that wishes to expand an
				existing residential child care program.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.05 - Filing Requirements for Providers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Providers shall file with the Office:
(1) A proposal, if the provider wishes to
				establish a new residential child care program; or
(2) An expansion request, if the provider
				wishes to expand a current residential child care program.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.06 - Single Point of Entry Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Preliminary Review by the Office. Within
				90 days of the receipt of a proposal or expansion request, the Office shall
				conduct a preliminary review to determine if the proposal is adequate to refer
				to a licensing agency, based upon the following criteria:
(1) Completeness of the proposal or expansion
				request;
(2) Adequacy of the
				proposal or expansion request in meeting the content requirements of Regulation
				.05B and C of this chapter;
(3) Any
				prior denial of licensure, sanction taken, or corrective action required by an
				agency of the program or the program's parent corporation; and
(4) Community, county, or regional resource
				development needs as specified by either the Children's Cabinet or an
				agency.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.07 - Designation of Licensing Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Office shall designate a licensing agency from among the agencies
				authorized by State law and regulations to license residential child care
				facilities for each proposal or expansion request that is:
(1) Certified as meeting single point of
				entry requirements; or
(2)
				Recommended by a review panel for referral without certification to a licensing
				agency.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.08 - Functions of Licensing Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Licensing. The licensing agency designated under Regulation .07 of this chapter
				shall:
(1) Consider the relevant experiences
				and actions of other agencies with programs or facilities operated by the
				provider's parent corporation, including:
(a)
				Denial of licensure;
(b) Sanctions,
				including suspension or revocation of licensure; and
(c) Corrective action requirements;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.02 - Interagency Coordination › Section 14.31.02.09 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A provider upon whom a sanction is imposed under Regulation
				  .07 or .08 of this chapter may file an appeal in accordance with the applicable
				  licensing agency's regulations governing administrative appeals taken pursuant
				  to the Administrative Procedure Act, State Government Article, §§
									10-201 and 10-405,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.03 - Interagency Discharge Planning for Hospitalized Children and Adolescents › Section 14.31.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The following regulations govern procedures for the
				  development of interagency plans for the provision of services to hospitalized
				  children.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.03 - Interagency Discharge Planning for Hospitalized Children and Adolescents › Section 14.31.03.02 - 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) "Case service coordinator" means a State
				employee, assigned to the Office for Children, who is responsible for tracking
				the status of hospitalized children and coordinating interagency efforts to
				secure the timely and appropriate placement of these children.
(2) "Departments" means the Departments of
				Health and Mental Hygiene, Human Resources, Education, and Juvenile
				Services.
(3) "Discharge plan"
				means the written plan, developed by the hospital treatment team and qualified
				professionals from the Departments providing services to the child, which
				describes the services, treatment, and training appropriate for the child
				outside the hospital setting.
(4)
				"Hospitalized child" means both State-hospitalized children and privately
				hospitalized children.
(5) "Lead
				agency" means the Department designated by the multi-agency review team to
				implement the hospitalized child's discharge plan.
(6) "Multi-agency review team" means a
				committee of senior officials from the Departments and the Office for
				Children.
(7) "Private psychiatric
				hospital" means Brooklane Hospital, Gundry Glass Hospital, Sheppard and Enoch
				Pratt Hospital, and Taylor Manor Hospital.
(8) "Privately hospitalized child" means an
				individual under 18 years old, committed by juvenile court order to State
				custody and who is admitted to a private psychiatric hospital.
(9) "State-hospitalized child" means an
				individual 18 years old admitted to the Mental Hygiene Administration's
				inpatient hospital-level care.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.03 - Interagency Discharge Planning for Hospitalized Children and Adolescents › Section 14.31.03.03 - Procedures for Identification and Tracking of Hospitalized Children

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each State
				hospital and each private psychiatric hospital, when possible, shall complete
				an inpatient tracking form for each hospitalized child and report to a
				designated Department as follows:
(1) Within
				24 hours after the first business day following the admission of a hospitalized
				child, the hospital staff shall complete and transmit the inpatient tracking
				form to the designated Department; and
(2) The hospital staff shall update the
				inpatient tracking forms every 2 weeks and transmit the forms to the designated
				Department.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.03 - Interagency Discharge Planning for Hospitalized Children and Adolescents › Section 14.31.03.04 - Procedures for Development of Interagency Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 10 working days after a child is
				hospitalized, the lead agency shall provide case management services to each
				hospitalized child, in the manner considered appropriate by the lead agency, to
				assist in securing and maintaining appropriate discharge services and
				placement.
B. The hospital
				treatment team and lead agency shall jointly develop for each hospitalized
				child a discharge plan that includes recommendations for the services needed to
				maintain the child outside the inpatient setting and provide appropriate
				treatment.
C. The recommendations
				in the discharge plan may include the following:
(1) Therapy;
(2) Education;
(3) Residential arrangement;
(4) Medications and medical needs;
(5) Physical needs;
(6) Social and recreational needs;
(7) Family involvement in therapy;
				and
(8) Family
				visitation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.03 - Interagency Discharge Planning for Hospitalized Children and Adolescents › Section 14.31.03.05 - Transitional Services

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Transitional services include:
(1)
				Therapeutic;
(2)
				Educational;
(3) Interim
				residential;
(4) Social;
				and
(5) Recreational.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter outlines the requirements for the determination
				  of rates for the following services purchased by the departments for
				  children:
A. Residential services
				licensed by:
(1) The Department of Human
				Services;
(2) The Department of
				Juvenile Services;
(3) The Maryland
				Department of Health; or
(4) Any
				State department;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.03 - Rate Setting Methodology

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Committee
				shall develop and maintain a rate setting methodology for reimbursing specified
				providers.
B. Cost-Based
				Methodology.
(1) Child placement agencies,
				educational programs, and nonresidental programs shall receive a rate based on
				a cost-based methodology.
(2) The
				cost-based methodology determines a rate based on an individual provider's
				budget, including, but not limited to:
(a)
				Management and general services;
(b) Direct services;
(c) Education services;
(d) Medical services; and
(e) Clinical services.
(3) The rate determination shall be
				calculated using:
(a) An individual program
				budget application;
(b) A mean
				annual rate for a specified program category; and
(c) A direct care cost comparison
				metric.
(4) The
				cost-based methodology is contained in the Manual and the Cost Guidelines,
				which are published on the Maryland State Department of Education
				website.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.04 - Rates Determination Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Renewal Rate
				Application and Submission.
(1) The Rate
				Section shall distribute the Provider Instructions and applications for
				determinations of renewal rates to in-State and out-of-State providers whose
				programs previously received an approved rate from the Committee by December 31
				of each year.
(2) Except as
				provided in §A(3) of this regulation, providers shall submit an
				application to the Rate Section for a renewal rate determination by February 15
				of each year in accordance with this chapter.
(3) For fiscal year 2025, residential child
				care programs shall submit an application to the Rate Section by July 31, 2024,
				for a class-based rate, consistent with the Provider Instructions and
				Regulation .03C of this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.05 - Rate Determination, Approval, and Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use of
				Guidelines.
(1) Rates for child placement
				agencies, educational programs, and nonresidential programs shall be
				determined, excluding unallowable costs, consistent with the Cost
				Guidelines.
(2) Rates for
				residential child care programs shall be determined consistent with the Class
				Guidelines.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.06 - Reconsideration of a Committee Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. A provider may
				request reconsideration of a Committee determination made under Regulation .05
				of this chapter.
B. The Rate
				Section shall act on behalf of the Committee to receive and process requests
				for reconsideration.
C. A provider
				seeking reconsideration of a determination shall file a written request with
				the Rate Section. The request is to be filed within 30 days of the provider's
				receipt of notice of the Committee's determination.
D. The Rate Section shall review each request
				for reconsideration to determine if it provides sufficient information to
				complete analysis of the request.
E. Each request for reconsideration shall
				include detailed information regarding:
(1)
				The relief requested; and
(2) The
				basis for the relief.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.07 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing of an
				Appeal.
(1) A provider may appeal to the
				Children's Cabinet the Committee's decision regarding a request for
				reconsideration made under Regulation .06 of this chapter.
(2) The provider shall file a written appeal
				with the Rate Section within 30 days of the provider's receipt of the
				Committee's decision regarding the request for reconsideration.
(3) The appeal shall set forth the specific
				objections to the Committee's decision regarding the request for
				reconsideration.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.08 - Modification of a Committee Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for
				Modification. A provider may request a modification of a current Committee
				determination during the State fiscal year under the following conditions:
(1) To address health and safety issues which
				arise after the annual rate process;
(2) To address an emergency situation, such
				as fire or natural disaster;
(3) To
				address corrective action issues requested by the licensing agency or by a
				placing agency in conjunction with the licensing agency; or
(4) To address a program modification
				requested by a licensing or placing agency.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.04 - Rate Setting for Child Care Providers › Section 14.31.04.09 - Interagency Rates Committee Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. An Advisory
				Committee to the Interagency Rates Committee, composed of parents, advocates,
				and providers, shall be appointed by the Children's Cabinet. The Advisory
				Committee may recommend and review policies and procedures regarding rate
				setting and provide information regarding the impact of rates on children,
				facilities, providers, and the business community.
B. The Advisory Committee shall meet
				periodically.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth the process in Maryland for licensure
				  of residential child care programs and monitoring of residential child care
				  programs for children and youth, and establishes the procedures which
				  applicants must follow in order to obtain licensure. The licensure and
				  monitoring processes are designed to protect the health, safety, and well being
				  of children placed in residential child care programs.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				applies to residential child care programs licensed by the Department of Human
				Resources, the Department of Health and Mental Hygiene, and the Department of
				Juvenile Services, including the following programs for children:
(1) Alternative living units;
(2) Emergency shelter placement;
(3) Group homes;
(4) Mother-infant programs;
(5) Nonpublic residential educational
				facilities;
(6) Programs for
				medically fragile children;
(7)
				Programs for pregnant adolescents;
(8) Psychiatric respite care;
(9) Residential crisis services;
(10) State-operated residential educational
				facilities;
(11) Secure
				care;
(12) Therapeutic group homes;
				and
(13) Wilderness
				programs.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.04 - Organization and Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Incorporation.
(1) Each applicant and
				licensee shall be incorporated and maintain their corporate status.
(2) The applicant shall submit to the
				licensing agency:
(a) A certified copy of the
				articles of incorporation and by-laws, before licensure and upon request of the
				licensing agency; and
(b) At least
				45 days before the proposed implementation date, any changes in the:
(i) Corporate name;
(ii) Articles of incorporation; or
(iii) By-laws.
(3) Before it submits an
				application for licensure to the licensing agency, an out-of-State applicant
				shall register and qualify with the Department of Assessments and Taxation to
				do business in Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.05 - Licensing Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial
				Inquiries.
(1) An applicant initially shall
				direct inquiries for obtaining a license to the Governor's Office for Children
				in accordance with COMAR 14.31.02.
(2) Based upon a completed proposal submitted
				by the applicant in accordance with COMAR 14.31.02, the Governor's Office for
				Children shall designate a licensing agency.
(3) The licensing agency shall send an
				application to the applicant upon referral from the Governor's Office for
				Children.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.06 - Monitoring and Evaluation of Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Monitoring Activities.
(1) For monitoring purposes, the licensing
				agency may require the licensee to make its records, personnel, residents, and
				facilities available on an announced or unannounced basis:
(a) At any time, if the agency's visit
				concerns a matter regarding the health, safety, or proper care of the program's
				residents; or
(b) At a reasonable
				time during the program's business hours, if the visit concerns other
				matters.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.07 - Interagency Monitoring of Residential Child Care Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensing or placing agency may request
				that a program be monitored by an interagency team if:
(1) Children placed by multiple agencies may
				be affected by suspected deficiencies in the program's compliance with State
				licensing or other legal requirements; or
(2) The expertise of another agency is
				required to adequately assess a program's compliance or remedy noncompliance
				with particular State licensing regulations or other legal
				requirements.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.08 - Corrective Actions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				licensing agency determines through its monitoring and evaluation activities
				that a program is deficient in meeting the licensing requirements of this
				chapter, COMAR 14.31.06, or COMAR 14.31.07, and the licensing agency chooses to
				require a corrective action plan, it shall:
(1) Determine whether it is necessary during
				the pendency of the corrective action process to:
(a) Remove children currently placed in the
				facility; or
(b) Place a moratorium
				on future placements to the program;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.09 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Causes for
				Sanctions.
(1) The licensing agency may
				impose sanctions on a program, regardless of whether acorrective action plan is
				required in accordance with Regulation .08A of this chapter, for violations of
				the regulations of this chapter, COMAR 14.31.06 or 14.31.07, or any combination
				of these.
(2) Sanctions may also be
				imposed for:
(a) Misrepresentations of fact to
				the licensing agency, a placing agency, the Office for Children, or the
				Interagency Rates Committee;
(b)
				Submission of false financial information to the licensing agency, the Office
				for Children, or the Interagency Rates Committee;
(c) Failure to cooperate with the monitoring
				activities of the licensing agency or placing agencies under Regulation .06 of
				this chapter;
(d) Failure to
				prepare or implement an adequate corrective plan under Regulation .08 of this
				chapter when found to be in noncompliance with the licensing standards of COMAR
				14.31.06; or
(e) Violations of
				other federal or State laws or regulations that jeopardize the safety or
				welfare of the program's residents.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.10 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Right to
				Hearing. An applicant or licensee has a right to a hearing under the contested
				case provisions of the Maryland Administrative Procedure Act when:
(1) A licensing agency proposes to deny an
				application for a license;
(2) A
				licensing agency proposes to deny an application for renewal of a
				license;
(3) A licensing agency
				intends to impose sanctions or to suspend or revoke the license; or
(4) The licensee is subject to emergency
				action.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.11 - Injunctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensing
				agency may seek to enjoin an institution, agency, society, individual, or set
				of individuals from operating a private residential child care program without
				a license or in violation of a term or condition of a license.
B. The licensing agency shall file the
				request for an injunction in the circuit court in the jurisdiction in which the
				program is located or has an established place of business.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.12 - Variance and Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request
				for Variance.
(1) An applicant or licensee
				may submit to the licensing agency a written request for a variance.
(2) An applicant or licensee shall
				demonstrate that the variance will:
(a) Meet
				or produce the intended effect of each regulation for which the variance is
				requested; and
(b) Maintain the
				health, safety, and well-being of the children in the program at or above the
				level required by the regulation for which the variance is requested.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.05 - Licensing and Monitoring of Residential Child Care Programs › Section 14.31.05.13 - Amendments to Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter may not be amended unless the amendment is
				  approved by the Office for Children, the Secretary of Health and Mental
				  Hygiene, the Secretary of Human Resources, the Secretary of Juvenile Services,
				  and the State Superintendent of Schools.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter articulates the standards that must be met and
				  maintained by residential child care programs for children and youth. These
				  requirements are designed to protect the health, safety, and well being of
				  children placed in residential child care programs.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				applies to residential child care programs licensed by the Department of Human
				Resources (DHR), Department of Health and Mental Hygiene (DHMH), and Department
				of Juvenile Services (DJS), including the following residential programs for
				children:
(1) Alternative living
				units;
(2) Group homes;
(3) Nonpublic residential educational
				facilities;
(4) DHMH/Community
				Mental Health Programs/Residential Crisis Services;
(5) State-operated residential educational
				facilities; and
(6) Therapeutic
				group homes.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.04 - Governance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Legal Status.
				The licensee shall be incorporated under applicable law and maintain documents
				which identify its incorporation and administrative structure and staffing,
				including lines of authority.
B.
				Governance. The corporation shall have by-laws which describe the Board's legal
				responsibility for and authority over the policies, finances, and all related
				activities for implementing the program in accordance with Human Services
				Article, §
									8-806. The Board
				shall:
(1) Ensure that the corporation does
				not discriminate on the basis of:
(a) Race;
(bi) Color;
(c) National origin;
(d) Religion;
(e) Creed;
(f) Age;
(g) Sex;
(h) Sexual orientation;
(i) Marital status;
(j) Ancestry; or
(k) Physical or mental disability;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.05 - Personnel Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Personnel Policies.
(1) The board of
				directors shall:
(a) Adopt and adhere to
				written personnel policies; and
(b)
				Review the policies at least every 2 years.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.06 - Employee Duties and Qualifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program Administrator.
(1) The Board shall employ a certified
				program administrator responsible for:
(a)
				Overall administration of the program;
(b) Implementation of all policies;
(c) Maintenance of the physical plant;
				and
(d) Fiscal
				accountability.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.07 - Physical Plant

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				Requirements. The licensee shall:
(1) Comply
				with federal, State, and local building, fire, and health codes and laws, and
				all applicable local zoning laws;
(2) Use a physical plant that is constructed
				and equipped in a manner consistent with the needs of the children, staff, and
				visitors and that is constructed and maintained reasonably to protect and to
				ensure the safety of all staff and residents;
(3) Ensure compliance by submitting annually
				to the licensing agency:
(a) Reports of all
				annual fire and health inspections conducted by the local jurisdiction;
				or
(b) If the local jurisdiction
				does not conduct annual fire or health inspections annually, written
				documentation shall be obtained annually from the appropriate public agencies
				that inspections are not required;
(4) Maintain evidence and provide
				documentation upon request that the physical plant had been tested for and
				found to be free of hazards from lead paint, asbestos, and radon;
(5) Ensure that all facilities maintain at
				least one working fire extinguisher;
(6) If there is evidence of insect or rodent
				infestation provide documentation of:
(a) An
				inspection; and
(b) Insect or
				rodent treatment, if necessary; and
(7) Install telephone service and equipment
				that is:
(a) Not solely provided through the
				use of cellular phone service;
(b)
				Accessible and usable by staff and residents;
(c) In all buildings used by the
				children.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.08 - Emergencies and General Safety

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Emergencies.
(1) The licensee shall:
(a) Hold emergency drills:
(i) At least monthly;
(ii) On each shift, at least
				quarterly;
(iii) At unexpected
				times and under varying conditions; and
(iv) Maintain documentation of drills for 3
				years;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.09 - General Program Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Community Integration. The licensee shall:
(1) Develop and institute a plan to integrate
				the program into the life of the community, ensuring that children have
				opportunities to participate in community activities to a degree consistent
				with their needs and limitations;
(2) Ensure that community residents have
				reasonable access to the program administrator to address concerns about the
				program staff and residents;
(3)
				Appoint at least one resident of the community to be a member of the Board;
				and
(4) Develop and implement a
				procedure for the resolution of complaints from the community.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.10 - Basic Life Needs

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The
				licensee shall have a structured plan of care designed to meet the children's
				physical needs and well-being.
B.
				Food and Nutrition. The licensee shall:
(1)
				Serve food that meets or exceeds the children's recommended dietary allowances
				as established by the Food and Nutrition Board of the National Academy of
				Sciences;
(2) Maintain at least a
				72-hour supply of food in accordance with the planned menu;
(3) Maintain nonperishable food items in the
				event of an emergency, in accordance with the licensee's emergency preparedness
				plan;
(4) Provide each child three
				meals each day, which are approved by a registered dietician and offer
				nutritious between-meal snacks, with not more than 14 hours between dinner and
				breakfast the following day;
(5)
				Offer approved supplementary or modified nutritionally sufficient diets for
				religious, cultural, life philosophy, or health reasons, as
				appropriate;
(6) Prohibit forced
				feeding of or withholding of food from a child as a form of
				discipline;
(7) Ensure that if
				employees are served food from the facility, it shall be the same food as that
				served to the children;
(8) Observe
				the applicable requirements of the Department of Health and Mental Hygiene and
				local health departments; and
(9)
				Design menus that:
(a) Are kept on file for
				12 months;
(b) Are approved at
				least annually by an individual licensed by the State to practice
				dietetics;
(c) Are planned at least
				a week in advance;
(d) Document the
				actual foods served, including comparable substitutions; and
(e) Document any between-meal snacks
				provided.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.11 - Children's Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The
				licensee shall provide services designed to meet the children's needs for
				guidance, learning, and personal development.
B. Each child shall be treated in compliance
				with a "Residents' Bill of Rights," as set forth in Human Services Article,
				§
									8-707, Annotated Code
				of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.12 - Children's Services

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Education.
(1) Each licensee shall
				collaborate with the placing agency and document efforts to:
(a) Ensure that each child of mandatory
				school age who has not earned a high school diploma or certificate of
				completion under COMAR 13A.03 is receiving an appropriate elementary or
				secondary school education;
(b) If
				the child is a student with disabilities, cooperate with the team constituted
				under COMAR 13A.05.01 as appropriate to ensure that the child receives special
				education and related services as provided for in the child's individualized
				education program; and
(c) Ensure
				that each child above the mandatory school age who has not received a secondary
				school diploma or certificate of completion under COMAR 13A.03 participates in:
(i) A secondary school education
				program;
(ii) A tutoring program to
				prepare the child to take the General Educational Development Test under COMAR
				13A.03.03; or
(iii) Developmentally
				appropriate vocational skills training.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.13 - Health Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				Health Services. The licensee shall:
(1)
				Establish and implement a written plan for the provision of preventive,
				routine, and emergency medical, dental, optical, and mental health care for the
				children;
(2) Establish and
				implement a written policy for documenting and addressing health complaints;
				and
(3) Obtain written
				authorization from a parent, legal guardian, or other authorized individual for
				emergency and non-emergency medical, dental, optical, or mental health
				care.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.14 - Child Abuse and Neglect

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Written Policy. The licensee shall establish and implement a written policy
				that sets out, in compliance with State law and regulations:
(1) The definitions of child abuse and
				neglect;
(2) The procedures to be
				followed if the licensee has reason to believe that a child has been subjected
				to abuse or neglect; and
(3) The
				penalties that the program may impose for failure to comply with the
				policy.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.15 - Behavioral Interventions, Strategies, and Supports

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Policies.
(1) The licensee shall establish and follow
				written policies and procedures that:
(a) Are
				communicated to the child, the child's parent or legal guardian, program
				personnel, licensing agency, and the placing agency;
(b) Incorporate the principles of positive
				behavioral interventions, strategies and supports, and trauma-informed care
				into all prevention and intervention strategies;
(c) Specify the approved procedures for the
				administration of prevention and intervention strategies and
				supports;
(d) Identify the program
				personnel authorized to administer each form of prevention and intervention
				strategies and supports;
(e)
				Include the procedures for training program personnel in the use and
				administration of each form of prevention and intervention strategies and
				supports that incorporate the principles listed in §A(1)(b) of this
				regulation; and
(f) Annually review
				the forms of prevention and intervention strategies and supports.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 31 - OFFICE FOR CHILDREN › Chapter 14.31.06 - Standards for Residential Child Care Programs › Section 14.31.06.16 - Absence Without Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Written Policy. The licensee shall have and follow a written policy to govern
				its actions when a child is discovered to be absent without leave.
B. Child's Return. Unless otherwise specified
				in the child's individual plan of care, if the child has not returned to the
				program within 1 hour of the program discovering that the child is missing or
				unaccounted for, the licensee shall notify:
(1) The local law enforcement
				authority;
(2) The placing
				agency;
(3) The licensing agency;
				and
(4) The child's parent or legal
				guardian, unless inconsistent with the child's individual plan of
				care.