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Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.08 - Responsibilities of a Resource Parent

Current through Register Vol. 51, No. 14, July 12, 2024
A. Responsibilities to a Foster Child. A resource parent shall:
(1) Participate in the child's mental, physical and dental health care and add the documentation from each health care visit to the child's abbreviated health care record within 72 hours of receipt;
(2) Provide parental supervision and guidance appropriate to the child's age and developmental level;
(3) Provide daily essentials that are required for the health, comfort, and good grooming of a child, including:
(a) A nutritionally balanced diet adequate for the child's needs in growth and development,
(b) Adequate shelter, and
(c) Clothing proper for the season;
(4) Help the child cope with the anxiety of being away from the child's birth family, and promote the child's self-esteem and positive self-image;
(5) Respect the child and the child's family;
(6) Be sensitive to and respect the child's individual needs, tastes, and values, and support the child's religious beliefs and cultural customs;
(7) Involve the child in family activities;
(8) Establish clear expectations for and limits on behavior, understand and deal with negative behavior in a positive way, and reward good behavior;
(9) Provide or arrange transportation to appointments, sports, and social and cultural events;
(10) Participate in the child's educational process;
(11) Give at least 10 working days notice when requesting removal of a child except in circumstances that are critical to the health and safety of the child or resource family;
(12) Report any suspected incidence of a child's physical or sexual abuse or neglect to the local department as soon as the incident becomes known to the resource parent;
(13) Notify the local department of any criminal charges, investigations, or findings related to any crime committed by a household member;
(14) Assist in preparing the child to accept the permanency plan and any move from the resource home;
(15) Preserve the child's rights and to have information about the child kept confidential; and
(16) Provide an environment for foster children free from exposure to secondhand smoke.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.09 - Local Department Responsibility to Resource Parents

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local department shall:
(1) Make accurate and timely reassessments of resource parent capabilities;
(2) Provide resource parents with relevant information that is available about the child and the reason the child is being placed in foster care;
(3) Provide resource parents with the abbreviated health care record;
(4) Help resource parents to understand their rights and responsibilities as defined in Regulations .07 and .08 of this chapter;
(5) Include the resource parents in the development of any service agreements negotiated with any foster children in their care;
(6) Inform the resource parents of the child's permanency plan and keep them updated, when necessary, as to the progress of the achievement of that plan and give the resource parents the ability to provide input as to the plan;
(7) Explain payment criteria, including board rates, clothing allowance, and any supplemental expenditures made to meet the child's needs in accordance with COMAR 07.02.11;
(8) Explain and provide pre-service and in-service training;
(9) Provide appropriate supportive services when available that will enable the resource parents to meet the unique needs of the child and deal effectively with problems inherent in the child's adjustment to care;
(10) Obtain agreement of resource parents to any visitation plan that involves the use of the resource parents' home, with attempts made to balance the resource parents' right to privacy with the right of the birth parents to visit the child;
(11) Respond as soon as possible to crisis situations that may arise from the child's placement in the resource home;
(12) Assist the resource parents in preparation for the separation of the child from foster care placement;
(13) Assist the resource parent in the selection, preparation, and completion of continuing resource parent training;
(14) Complete reconsideration every year or whenever there are major changes in the home of resource parents that could affect the resource parents' ability to care for foster children;
(15) Act in accordance with Regulation .15 of this chapter, and Family Law Article, §§
										5-704 and  5-706, of the Annotated Code of Maryland, when abuse or neglect is reported in a resource home;
(16) Obtain and maintain all pertinent records on the resource parents and the children for whom the resource parents have cared; and
(17) Complete all appropriate forms to close the resource home record when necessary and end all foster care payments.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.10 - Provisions for Kinship Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local department shall give priority consideration as a placement resource to relatives when a child is committed to a local department for out-of-home placement, or must be placed in an out-of-home placement on an emergency basis.
B. Emergency Placement.
(1) At the time of placement, or not later than 24 hours thereof, the local department shall conduct an assessment and an initial home inspection of a relative who accepts placement of a child on an emergency basis, as set forth in §E(2) and (3) of this regulation.
(2) Within 5 days of placement, the local department shall complete all items under §E of this regulation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.11 - Restricted Resource Homes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided, restricted resource homes shall meet the same requirements as regular resource homes as provided for in this chapter.
B. A restricted resource home can be either that of a relative or nonrelative. In either case the same eligibility criteria apply.
C. Provisional approval may be granted only to a relative of a child who seeks to become a restricted resource parent.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.12 - Provisional Approval of Restricted Relative Resource Homes

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Provisional Approval Process requires:
(1) Completion of all elements of Regulation .10E of this chapter unless approved as a kinship home.
(2) An assessment of the home to ensure that it meets the health and safety requirements outlined in Regulation .04 of this chapter.
(3) A written statement signed by the potential kinship caregiver acknowledging that they understand the Administration's discipline policy.
(4) The local department shall obtain sufficient information necessary to contact character references; and
(5) The local department shall obtain a signed authorization for release of medical information prior to consideration of guardianship assistance.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.13 - Limitations on Active and Inactive Resource Homes

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local department may not permit a resource home it approves to:
(1) Be licensed for child or adult care by more than one agency unless approval is given in writing by the local department director or the director's designee;
(2) Independently accept a child or an adult for care from an individual or agency other than the agency that approved the resource home;
(3) Provide independent boarding care except to a child of a relative or friend on a temporary basis, and this child shall be counted as the resource parent's own child in the count of the children in the home;
(4) Allow the care of an ill or convalescing adult, unless the situation is evaluated by the local department and it is determined that this care does not interfere with the care of the foster child;
(5) Except as provided for in §§C and D of this regulation, to provide care for more than six children, including those of the resource parent;
(6) Have more than two infants younger than 2 years old, including the resource parent's own children; or
(7) Except as provided for in §B of this regulation, provide child day care.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.14 - Resource Parent Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pre-service Training. A local department shall provide or arrange for a minimum of 27 hours of pre-service training during the recruitment and mutual selection process of resource parents before formal approval of a home and before placing a child in the home. This training includes the following:
(1) Role and relationships in foster care between local department personnel, the resource parent, the child's birth parent, and the child;
(2) Separation anxiety and the importance of the child's family and the child's communication with them;
(3) Developmental needs of children in care;
(4) Special needs children;
(5) Awareness of cultural and religious differences;
(6) Child management and discipline techniques;
(7) Child abuse and neglect;
(8) Supportive services available in the community for children and resource parents.
(9) Self-awareness;
(10) Communication skills; and
(11) Problem solving.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.15 - Annual Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local department shall:
(1) Conduct an annual reconsideration of each resource home which includes at least one home visit, to determine continuing compliance with the resource home regulations;
(2) Complete the review and decide whether to reapprove the resource home before the anniversary of the date of approval;
(3) Complete a review whenever there are major changes in the lives of the resource parents that could affect their ability to care for foster children, and that may include:
(a) Illness or death of a member of the resource family;
(b) Marital problems,
(c) Change in employment status of resource parents;
(d) Move to a new residence,
(e) Suspected abuse or neglect in the home, or both, or
(f) Change in marital status of resource parents such as separation, divorce, or remarriage;
(4) Require, when applicable:
(a) An Application to be Resource Parents form to be signed by the new resource parents;
(b) A criminal background check and child protective service clearance to be made for the new resource parent(s) if a remarriage occurs;
(c) The Resource Parent Agreement form to be signed by the new resource parent,
(d) A medical examination to be required of the new resource parent;
(5) Conduct an interview to discuss implications for the family when a resource parent requests to change the type of child care the resource parent wishes to give, for example, from emergency care to regular foster care;
(6) Conduct a review of the resource home record and interview the caseworker for each child placed in the home in preparation for the reconsideration;
(7) Conduct a discussion with the resource parents regarding the following when completing the annual reconsideration:
(a) Composition of the resource family,
(b) Identification of foster children that are currently in the home,
(c) Sleeping arrangements, and
(d) Determination as to whether a new environmental health inspection is needed due to relocation or structural changes;
(8) Prepare a formal medical report on a resource family at the initial reconsideration and every 2 years after that, or when there is an indication of serious health problems in the resource family.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.16 - Complaints Regarding Abuse or Neglect, or Both, in Approved Resource Homes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Action.
(1) If a resource home or foster care worker observes that a child placed in a resource home is in serious and immediate danger, the worker, in the best interest of the safety and protection of the child, shall immediately remove the child and make arrangements for the child's protection and care.
(2) A local department employee who receives a report or makes a personal observation of suspected abuse or neglect in a resource home shall immediately notify the child protective services unit of the local department and the worker for the child involved, or the worker's supervisor.
(3) The child's foster care worker shall notify the resource home worker and the foster care worker for any other children living in the foster home of the complaint of suspected abuse or neglect, and of any action taken in response to the complaint.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.17 - Suspension and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. After receiving a complaint indicating possible violations of the resource home regulations, a local department shall conduct an investigation to assess compliance with applicable regulations and discuss findings with the resource family.
B. Suspension.
(1) A local department may suspend resource home approval for a period not exceeding 60 days for a violation of these regulations.
(2) Except as provided in §D of this regulation, and at least 20 days in advance of a planned suspension, the local department shall send the resource parents a:
(a) Notice that includes the intended action;
(b) Statement of the specific regulation violated; and
(c) Statement describing the resource parent's right to appeal the decision of the local department.
(3) When a resource home approval is suspended, the local department may not place any child in the resource home, and the:
(a) Resource home may continue to provide services to the children only if the suspension was caused by a violation of these regulations that does not threaten the health and safety of the children in care, and either the local department agrees that the reason for the suspension can be corrected within 60 days from the date of the suspension, or an appeal is filed within 20 days of the local department's notice; or
(b) Local department shall remove the children from the home within 30 days of the date of suspension.
(4) The local department shall restore or revoke a suspended approval by the end of the suspension period.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.18 - Denial of Approval

Current through Register Vol. 51, No. 14, July 12, 2024
The local department may deny an application if:
A. The applicant or the home in which the care is provided fails to meet the requirements of this chapter;
B. An evaluation of the application form by the local department reveals that the applicant knowingly reported false information;
C. The applicant has a history of regulatory violations which demonstrates an inability to provide for the health and safety of the children;
D. The applicant has previously had approval denied or revoked by any local department, unless the local department is satisfied that the condition that was the basis for the denial or revocation has been corrected;
E. The applicant prevents the local department from completing its responsibilities for approval;
F. An evaluation of criminal records or child abuse or neglect records of individuals identified in Regulation .04E of this chapter indicates behavior harmful to children; or
G. Based on substantial, credible evidence the local department concludes that the applicant cannot provide for the health, safety, or welfare of the children in care because of abuse of alcohol or other controlled dangerous substances, mental instability, or any other condition which creates reasonable doubt as to the applicant's ability to provide foster care.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.19 - Appeal Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person aggrieved by a decision of a local department to deny, suspend, revoke, or terminate resource home approval has the right to appeal in accordance with COMAR 07.01.04.
B. A person aggrieved by a decision of a local department to deny, suspend, revoke, or terminate resource home approval which is based in whole or in part on a child protective services finding of "indicated" or an identification of an alleged abuser or alleged neglector in a record of the Central Registry when noting appeal under §A of this regulation, shall also receive a hearing in accordance with COMAR 07.02.26. The decision reached in accordance with COMAR 07.02.26 is binding on any proceedings under this regulation.
C. A fair hearing need not be held on any decision which has been, or may only be, determined by a court.
D. Resource parents who wish to adopt a foster child in their care and who wish to contest the local department's decision to place the child with another resource family may, within 30 days from the removal of the child, file with the local department a request for a hearing. The local department shall notify the Office of Administrative Hearings which shall hold the hearing and issue a decision within 45 days of the receipt of the request.
E. A person aggrieved by the local department's decision to place a foster child with another resource family which is based in whole or in part on a child protective services finding of "indicated" or an identification of an alleged abuser or alleged neglector in a record of the Central Registry when noting an appeal under §D of this regulation, shall also receive a hearing in accordance with COMAR 07.02.26. The decision reached in accordance with COMAR 07.02.26 is binding on any proceedings under this regulation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.20 - Discipline of Foster Children

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only resource parents or other adult caregivers approved by the local department, and known to the children, may discipline foster children.
B. Physical holding as a form of restraint shall be used only to the degree necessary to protect the child from self-injury or from injuring others.
C. Behavior Management training and continuing consultation shall be provided by the local department as needed to resource parents regarding appropriate discipline methods. The use of discipline shall also be discussed during any reconsideration of the resource home.
D. Prohibited punishments include:
(1) Corporal punishment, which includes physical hitting or any type of physical punishment inflicted in any manner upon the body;
(2) Physical exercises, such as running laps or performing pushups;
(3) Requiring or using force to require a child to take an uncomfortable position such as squatting, bending, or repeated physical movements;
(4) Verbal remarks which belittle or ridicule a child or a child's family;
(5) Denial of essential program services, such as local department planned educational, psychiatric, or psychological services;
(6) Denial of meals, clothing, bedding, sleep, mail, or visits with a child's family;
(7) Threatening a child with the loss of the child's placement in the home;
(8) Bodily shaking;
(9) Placement in a locked room; and
(10) Use of mechanical or chemical restraints.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.21 - Resource Home on Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. An approved resource home in good standing with the local department may choose to suspend acceptance of foster care placements for up to 1 year and still maintain its status as an approved resource home.
B. During the period in which children are not placed in the home, the resource parents are not required to undergo an annual reconsideration. At the point that the family wishes to accept children, a reconsideration shall be completed.
C. If the resource family does not wish to accept foster children at the end of the 1-year period, the resource family may not be considered a resource and the home shall be closed.
D. The resource parent shall receive 30 days' notice of the local department plan to close the home.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.22 - Termination of a Resource Home

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local department may terminate a resource home approval for one of the following reasons:
(1) The local department has not placed any children in the resource home in the previous 3 years; or
(2) The characteristics of the children the resource parent is willing to accept for care in the resource home are not consistent with the characteristics of the children in foster care and entering foster care.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.23 - Liability Insurance and Reimbursement for Loss to Resource Parents

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall provide liability insurance for resource parents who care for children under certain conditions. The insurance shall cover:
(1) Bodily injury and property damage that a foster child causes to a person or the property of a person other than the resource parent; and
(2) Actions brought against the resource parents by the child's natural parents for any accident to the foster child.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.25 - LDSS Foster Home Requirements › Section 07.02.25.24 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
The confidentiality of information shall be strictly safe-guarded according to the confidentiality requirements in COMAR 07.01.07 and the access to records requirements in COMAR 07.01.02. The local department and the resource parents shall protect confidential information regarding the foster children and their natural parents or guardians, or both.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as set forth in §B of this regulation, an individual found responsible by a local department for indicated or unsubstantiated child abuse or neglect or who was alleged to have abused or neglected a child in a case that resulted in a finding of indicated or unsubstantiated child abuse or neglect with no maltreator identified is entitled to an opportunity to appeal in accordance with this chapter.
B. In those cases in which, before June 1, 1999, a local department made a finding of indicated or unsubstantiated child abuse or neglect and an individual has not been offered an opportunity for a contested case hearing, and the individual has now requested a hearing, that appeal will be conducted in accordance with the procedures in these regulations under the substantive law applicable at the time of the local department's finding.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.03 - Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appeal of a finding of indicated child abuse or neglect under this chapter shall consist of a hearing.
B. An appeal of a finding of unsubstantiated child abuse or neglect under this chapter shall consist of:
(1) A conference with a supervisor at the local department; and
(2) A hearing, if requested.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.04 - Notice of Opportunity for a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days after a local department has completed an investigation of child abuse or neglect, the local department shall send a notice of action to:
(1) An individual whom a local department has found responsible for indicated or unsubstantiated child abuse or neglect; and
(2) An individual alleged to have abused or neglected a child in a case that resulted in a finding of indicated or unsubstantiated child abuse or neglect with no maltreator identified.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.05 - Request for Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Indicated Child Abuse or Neglect. An individual found responsible for indicated child abuse or neglect or any individual who was alleged to have abused or neglected a child in a case that resulted in a finding of indicated child abuse or neglect with no maltreator identified may appeal the finding by, not later than 60 days after receipt of the local department's notice of action, filing with OAH:
(1) The required filing fee or appropriately documented request for a fee waiver; and
(2) The contested case hearing request form.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.06 - Stay Pending Disposition of Criminal Charges

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appellant shall notify OAH of
(1) A pending criminal proceeding arising out of the alleged child abuse or neglect; and
(2) The final resolution of a criminal proceeding arising out of the alleged child abuse or neglect.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.07 - Stay Pending Disposition of CINA Proceeding

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appellant and the local department shall notify OAH of any CINA proceeding of which they are aware concerning a child:
(1) Who has been allegedly abused or neglected by the appellant; or
(2) Who is in the care, custody, or household of the appellant.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.08 - Unsubstantiated Child Abuse or Neglect-Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 10 days of receiving a request for a conference, the local department shall:
(1) Schedule a conference to occur at the local department within 30 days of the local department receiving the conference request; and
(2) Send notice to the appellant that includes the:
(a) Date and time of the conference; and
(b) Procedures for the conference.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.09 - Appeal of Outcome of Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. If as a result of the conference the local department does not agree to modify its unsubstantiated finding, the appellant may appeal the finding of unsubstantiated child abuse or neglect in a hearing in accordance with this chapter.
B. An appellant may appeal the finding of unsubstantiated child abuse or neglect by, not later than 60 days after receipt of the local department's summary of conference, filing with OAH:
(1) The contested case hearing request form;
(2) The summary of the conference; and
(3) The required filing fee or appropriately documented request for a fee waiver.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.10 - Exceptions to Appeal Timeframes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon written request, a local department shall offer an individual found responsible for an unexpunged finding of indicated or unsubstantiated child abuse or neglect made before June 1, 1999, an opportunity to appeal in accordance with this chapter, if the individual has not:
(1) Been found guilty of a criminal charge arising out of the alleged child abuse or neglect;
(2) Previously had a hearing at OAH to appeal the finding; or
(3) Previously been given notice of the opportunity to request a hearing.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.11 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall serve the appellant with the redacted record not later than 14 days before the scheduled hearing.
(1) Service is presumed to occur 3 days after mailing.
(2) If service of the record does not occur in accordance with this regulation, the appellant may request a reasonable postponement to review the record.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.12 - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may not call a child younger than 14 years old to testify or otherwise participate in a hearing under this chapter unless the party seeking to introduce the child's testimony or involve the child demonstrates that:
(1) The child's testimony or involvement is essential to a determination of the appeal; and
(2) There is no likelihood that the requested testimony or involvement will emotionally harm the child.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.13 - Dismissal or Voluntary Withdrawal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appellant may withdraw a request for a hearing at any time by notifying OAH in writing of the intent to withdraw.
B. If the appellant withdraws the request, OAH shall dismiss the appeal and notify the local department.
C. If the local department notifies OAH in writing that it has modified the finding to ruled out, OAH shall cancel the hearing and notify the appellant.
D. Dismissal or voluntary withdrawal of an appeal or request for a hearing automatically affirms the local department's finding and, in the case of a finding of indicated child abuse or neglect, the local department's right to identify the appellant as an individual found responsible for child abuse or neglect in a centralized confidential database.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.14 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Not later than 45 days after the hearing, OAH shall issue a decision and order to the:
(1) Appellant or, if represented at the hearing by an attorney, the appellant's attorney;
(2) The local department's appeal representative or attorney; and
(3) The Department.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.26 - Child Abuse and Neglect Hearings › Section 07.02.26.15 - Recordings-Expungement

Current through Register Vol. 51, No. 14, July 12, 2024
OAH may destroy the recording of a contested case one year after the date of the decision unless either party has specifically requested that the recording not be destroyed.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.27 - Maryland Safe Haven Program › Section 07.02.27.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the Maryland Safe Haven Program is to provide the mother of a newborn the opportunity to provide a safe abandonment of her newborn by:
(1) Providing immunity from civil liability and criminal prosecution for a mother who leaves an unharmed newborn with a responsible adult person under certain circumstances;
(2) Requiring the approval of the responsible adult with whom the newborn is left;
(3) Requiring a responsible adult who accepts the newborn to take certain action as soon as reasonably possible; and
(4) Providing immunity from civil liability and criminal prosecution for certain persons, hospitals, and other facilities under certain circumstances.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.27 - Maryland Safe Haven Program › Section 07.02.27.02 - 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) Child in Need of Assistance (CINA).
(a) "Child in Need of Assistance (CINA)" has the meaning stated in the Courts and Judicial Proceedings Article, §
											3-801(f), Annotated Code of Maryland.
(b) "Child in need of assistance" means a child who requires court intervention because:
(i) The child has been abused, has been neglected, has a developmental disability, or has a mental disorder; and
(ii) The child's parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and the child's needs.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.27 - Maryland Safe Haven Program › Section 07.02.27.03 - Reports, Service Decisions, and Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hospital presented with a newborn by the newborn's mother or other responsible adult and identified as an abandoned newborn shall make an effort to obtain information on a voluntary basis pertaining to the newborn's medical history or risk factors from the individual presenting the newborn.
B. The hospital shall make reasonable, diligent efforts to obtain information from the mother or responsible adult as to why it is believed that the mother of the newborn has no intention of returning for the newborn.
C. The hospital or other designated facility that accepts a newborn shall notify the LDSS within 24 hours after accepting the newborn.
D. The LDSS in the jurisdiction where the hospital is located shall take responsibility of the newborn when medically ready for discharge under an OSC.
E. A CINA petition shall be filed by the LDSS on behalf of the abandoned newborn in the jurisdiction where the hospital is located in conjunction with the request for an OSC.
F. A Child Protective Services investigation shall be initiated if the mother, father, or relative of the newborn comes forth to identify the newborn and requests that the newborn be placed in the individual's care.
G. The child shall remain in the care of the LDSS under an OSC with a CINA finding and commitment to the LDSS pending the outcome of the investigation.
H. The LDSS shall pursue TPR on the newborn consistent with COMAR 07.02.12.04CC and 07.02.11.16AC relating to involuntary termination of parental rights if the LDSS believes the newborn to be abandoned as defined in COMAR 07.02.11.03C.B(1).
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the guardianship assistance program is to provide legal stability for a child who is in the custody or guardianship of a local department of social services by allowing relative caregivers to take full legal responsibility for the child.
B. The goals of the guardianship assistance program are to:
(1) Encourage relative caregivers to become legal guardians of a child who has been placed in their home by a local department of social services by removing financial barriers; and
(2) Provide a permanent, safe, nurturing environment for a child that supports a familial cultural background.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.03 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Both the child and the relative caregiver shall meet the eligibility requirements stated in Regulations .04 and .05 of this chapter, respectively; and
(1) The child shall be placed with the relative caregiver for at least the last 6 consecutive months prior to the establishment of a guardianship assistance; and
(2) The relative caregiver home shall be approved as a resource home or kinship care home for the last 6 consecutive months in which the child resided with the relative caregiver.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.04 - General Eligibility Requirements for Child

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child committed to a local department or under a voluntary placement agreement with a local department shall be eligible for consideration to participate when:
(1) As a result of a judicial determination that continuation in the home would be contrary to the welfare of the child or the child has been removed from the home pursuant to a voluntary placement agreement;
(2) The child has resided with the relative caregiver for the last 6 consecutive months;
(3) The local department of social services has established that return home and adoption have been ruled out;
(4) The child demonstrates a strong attachment to the relative caregiver;
(5) The child is under the age of 18 years old, at the time of the court hearing to award custody and guardianship; and
(6) The school age child under 18 years old, is a full-time elementary or secondary school student, or is incapable of attending school due to a documented medical condition.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.05 - General Eligibility Requirements for Relative Caregiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible for the guardianship assistance program, the relative caregiver shall:
(1) Successfully complete the application requirements as set forth in §B of this regulation;
(2) Be an approved resource or formal kinship care home with the child in the placement for the last 6 consecutive months; and
(3) Demonstrate a strong commitment to permanently care for the child.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.06 - Title IV-E Guardianship Assistance Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible for the Title IV-E guardianship assistance payment, both the child and the relative caregiver shall meet the eligibility requirements of this regulation.
B. Child Eligibility.
(1) To be eligible for the Title IV-E guardianship assistance payment, the child shall be under 18 years old, except as stated in §B(2) or (3) of this regulation, and the child shall:
(a) Meet the requirements for eligibility as stated in Regulation .04 this chapter; and
(b) Have been eligible for Title IV-E foster care maintenance payments for the last 6 consecutive month period during which the child resided in the home of the relative caregiver.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.07 - State Guardianship Assistance Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible for the State guardianship assistance payment, both the child and the relative caregiver shall meet the eligibility requirements of this regulation.
B. Child Eligibility.
(1) Except as stated in §B(2) of this regulation, the child shall be under the age of 18 years old and shall:
(a) Meet the requirements for eligibility as set forth in Regulation .04 of this chapter; and
(b) Have resided with the relative caregiver in a kinship care placement as set forth in COMAR 07.02.25 for the last 6 consecutive months.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.08 - Responsibilities of the Local Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall ensure:
(1) The child is under the age of 18 years old prior to being considered for the Guardianship Assistance Program; and
(2) The child and relative caregiver are in agreement with the custody and guardianship recommendation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.09 - Relative Guardian Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The relative guardian shall agree to:
(1) Exercise primary care and supervision of the child or youth until the child or youth reaches 18 years old or up to 21 years old with continued eligibility as set forth in Regulation .11 of this chapter;
(2) Inform the local department if the child's birth parent plans to reside with the relative guardian;
(3) Apply to become the payee for social security benefits, supplemental security income or child support on behalf of the child; and
(4) Notify the local department of any change in the placement, including:
(a) Reunification of the child with a parent;
(b) Extenuating circumstances such as:
(i) A need for temporary housing; or
(ii) Participation in rehabilitation due to prior substance abuse issues.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.10 - Guardianship Assistance Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall negotiate the monthly assistance amount for each eligible child or sibling.
(1) The monthly guardianship assistance payment may not exceed 100 percent of the regular care board rate based on the child's age as set forth in COMAR 07.02.11, which would have been paid on behalf of the child if the child had remained or was placed in a resource family home.
(2) The assistance amount shall be based upon an assessment of the child's special needs, which may include:
(a) Child's age;
(b) Documented medical diagnosis;
(c) Documented mental or emotional diagnosis; or
(d) A need for childcare.
(3) The monthly assistance may be adjusted periodically in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child.
(4) Any adjustment must be approved by the Social Services Administration prior to the signing of a new guardianship assistance agreement.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.11 - Continued Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall conduct a reconsideration of the guardianship assistance at least once every year until the guardianship assistance is terminated.
B. The local department shall provide written notice to the relative guardian 60 days prior to the due date of the required annual reconsideration, which shall include:
(1) A copy of the current guardianship assistance agreement;
(2) A list of information or documentation required to be submitted by the relative guardian for reconsideration of the guardianship assistance including:
(a) A signed written statement that the child continues to reside with and be in the care of the relative guardian;
(b) Documentation that the child:
(i) Is a full-time student, which shall be in the form of a copy of the report card or third party documentation;
(ii) Is incapable of attending school due to a documented medical condition and therefore not enrolled in school; or
(iii) Is 18 years old or older and is in compliance with §E of this regulation; and
(c) A copy of the child's immunization record documenting regular health care if the child is not school age or not enrolled in school;
(3) Notice that the guardianship assistance may be reduced as a result of the reconsideration; and
(4) A request that the relative guardian contact the local department to schedule a consultation for reconsideration of the guardianship assistance.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.29 - Guardianship Assistance Program › Section 07.02.29.12 - Suspension of Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall suspend the guardianship assistance when the:
(1) Child is placed in foster care or another out of home setting with a plan of return home to the relative guardian;
(2) Child is returned to the care of the birth parent with a plan of return home to the relative guardian;
(3) Relative guardian fails to comply with the guardianship assistance agreement within a specified length of time;
(4) Relative guardian notifies the local department that the child temporarily lives outside of the home and the relative guardian is no longer assuming responsibility for the child; or
(5) Subsequent to the child's 18th birthday, the child no longer meets conditions described in Regulation .11E of this chapter for continued assistance.