reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 02 - SECRETARY OF STATE › Chapter 01.02.11 - Maryland Safe at Home Address Confidentiality Program › Section 01.02.11.22 - Authorized Disclosure for Title Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A. On request, the Secretary may authorize the disclosure of real property records that have been shielded under Real Property Article, §
									3-116, Annotated Code of Maryland, for the purpose of performing a bona fide title examination.
B. A request under Real Property Article, §
									3-118, Annotated Code of Maryland, shall include:
(1) The name, title, address, and affiliated organization, if applicable, of the individual requesting the disclosure;
(2) The individual's purpose for requesting the disclosure;
(3) The individual's relationship, if any, to the participant;
(4) A legal description of the property subject to the title examination;
(5) A statement that any information disclosed to the individual shall be treated as confidential and shall be used and disclosed only for the purpose identified in the request;
(6) The individual's signature; and
(7) Any other information required by the Secretary to respond to the request.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means Courts and Judicial Proceedings Article, §§ 3-2 A-01- 3-2 A-09, Annotated Code of Maryland, as amended from time to time.
(2) "Arbitration panel" means the arbitrators selected in accordance with the Act and these regulations to determine a health care malpractice claim.
(3) "Attorney" means a member of the Maryland Bar.
(4) "Award" means a final decision under the Act, whether in favor of the claimant or defendant.
(5) "Certificate of merit" means the formal verification by a qualified expert of a medically meritorious claim or defense to a claim.
(6) "Chairman" means the attorney member of the arbitration panel.
(7) County.
(a) "County" means all counties in the State.
(b) "County" includes Baltimore City.
(8) "Court" means a circuit court for a county.
(9) "Director" means the Director of the Health Care Alternative Dispute Resolution Office.
(10) "Health care provider" has the meaning stated in Courts and Judicial Proceedings Article, §
										3-2A-01(e), Annotated Code of Maryland.
(11) "Party" includes the counsel of record for a party.
(12) "Prehearing conference" means the conference that the chairman has with all parties at least 60 days before a hearing date.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.02 - Applicability of Maryland Rules

Current through Register Vol. 51, No. 14, July 12, 2024
Except as expressly provided otherwise in the Act and these regulations, the Maryland Rules of Procedure govern all proceedings under the Act.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.03 - Filing of Claims

Current through Register Vol. 51, No. 14, July 12, 2024
A. Format of Claims.
(1) Each claim made under the Act shall be filed with the Director on the claim form that the Director shall provide, including any narrative attachments.
(2) Each claim is to be accompanied by a personal information certification that includes the claimant's:
(a) Name;
(b) Home address;
(c) Home and work telephone numbers;
(d) Date of birth;
(e) Social Security number; and
(f) Driver's license number.
(3) A claim may not be processed further without the personal information certification required under §A(2) of this regulation.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.04 - Claims Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Filing of a Claim.
(1) A docket number is assigned to each claim when a new claim is filed.
(2) Subject to strike-period restrictions, a claim becomes a public record open during business hours for inspection.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.05 - Service of Pleadings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall cause service of a copy of all claims and third-party claims to be made on each health care provider named. The sheriff's office shall make service in the jurisdiction where a defendant is located, or service may be made by any other method permitted by the Maryland Rules of Procedure.
B. The sheriff or private process server shall file with the Director an affidavit of service by the appropriate return day and show upon whom service was made and the date and place where service was effected.
C. All other pleadings and papers shall be filed with the Director and copies served on the chairman and the parties according to Rule 1-321 of the Maryland Rules of Procedure. All papers will contain the claim number assigned to the case upon the initial filing of the claim.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.06 - Response

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each health care provider served with a claim shall file with the Director a response to the claim and any third-party claim within the time specified in the Maryland Rules of Procedure, with copies to all interested parties, including the chairman. A filing fee of $25 is to accompany an initial response or other pleading. The entry of subsequent counsel or other pleadings is without charge.
B. A response may state that the controversy falls within one or more particular recognized specialties.
C. A third-party claim shall be filed with the Director within 30 days of the response unless a later filing is agreed to by the parties or is allowed by the chairman or the Director.
D. Unless the defendant does not dispute liability, a certificate of a qualified expert and a report of the attesting expert shall be filed with the Director within 120 days from the date the claimant filed and served each defendant with a copy of claimant's certificate.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.07 - Arbitration Panel Selection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Record of Panel Candidates.
(1) The Director shall compile and keep a current record of arbitration panel candidates. The Director may not submit to the parties any candidate's name whose biographical statement is more than 2 years old.
(2) The Director's records are divided into the following three categories:
(a) Members of the general public who are not attorneys, health care providers, or agents or employees of an insurance company or society;
(b) Attorneys who have been in the practice of law in the State for 3 years or more;
(c) Health care providers, subdivided, if practicable, by recognized health care specialties.
(3) If feasible, each category of the Director's records or lists is to be divided into geographical areas based on the county in which the candidate resides or is willing to serve.
(4) The Director shall compile a separate list of attorneys who are qualified and willing to serve as single arbitrators.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.08 - General Authority of an Arbitration Panel

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issues.
(1) The chairman shall decide all issues of law.
(2) The panel, in its entirety, shall decide all issues of fact.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.09 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition. For purposes of this regulation, "party" includes every affiliate of a party.
B. Personnel of an affiliate shall be considered to have the same relationship with the party as the relationship to the affiliate. All records of an affiliate are considered to be in the possession and control of, and capable of production by, the party.
C. Maryland Rules of Procedure govern all discovery in any proceeding under the Act. The chairman of the arbitration panel shall determine all disputes concerning discovery.
D. Time for Discovery. All discovery shall be completed within 270 days from service on the last served defendant, unless extended by the chairman for good cause shown. The arbitration panel also may set a time for completion of all discovery and all procedural matters.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.10 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time. At least 60 days before the hearings on a claim begin, unless mutually waived, all parties shall meet with the chairman of the arbitration panel in a prehearing conference.
B. Purpose.
(1) At the prehearing conference, the parties shall consider all of the following:
(a) Simplification and identification of the issues;
(b) Exchange of exhibits, other documentary evidence proposed to be offered in evidence, and the identity of all proposed medical witnesses;
(c) Obtaining admissions to or stipulation of facts not remaining in dispute and the authenticity of documents;
(d) Limitation of the number of expert witnesses to be called and scheduling of the witnesses' appearances;
(e) Estimation of the length of the hearing;
(f) The first date for the hearing and successive hearings; and
(g) Any other matters that may aid in expeditious consideration and determination of the claim.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.11 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time and Place.
(1) The chairman shall set the time and place for all hearings. However, unless all parties agree otherwise, a hearing will be held only in a county in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland.
(2) The chairman may postpone a hearing on request of a party for good cause shown, or on the panel's own motion.
(3) The chairman may continue or recess a hearing from time to time as necessary.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.12 - Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. Determination of Liability. An arbitration panel first shall determine, with respect to each health care provider named in the claim, whether or not there is liability to a claimant. This panel determination shall be considered an award, as to the issue of liability, for purposes of Courts and Judicial Proceedings Article, § 3-2 A-08(a), Annotated Code of Maryland. All remuneration vouchers of panel members and court reporting charges shall be submitted to the Director within 7 days after the date of the panel determination.
B. Award for Provider. If the arbitration panel determines that a health care provider is not liable, the panel shall make an award in favor of the provider.
C. Award for Claimant.
(1) If the arbitration panel determines that a health care provider is liable, the panel shall then consider and determine the amount of damages in accordance with §C of this regulation, and, subject to Courts and Judicial Proceedings Article, §§
										11-108 and  11-109, Annotated Code of Maryland, causes of action arising on or after July 1, 1986. Evidence of advance payments pursuant to Article 48A, § 482A(c), Annotated Code of Maryland, is admissible at this stage of the proceeding.
(2) The panel shall determine:
(a) If one provider is determined liable to one claimant, the total amount of damages owed by the provider to the claimant;
(b) If more than one provider is determined liable to one claimant, the total amount of damages owed by each provider to the claimant;
(c) If one provider is determined liable to more than one claimant, the total amount of damages owed by the provider to each claimant; and
(d) If more than one provider is determined liable to more than one claimant, the total amount of damages owed by each provider to each claimant.
(3) If advance payment has been made under Courts and Judicial Proceedings Article, § 3-2 A-08(a), and Article 48A, § 482A(c), Annotated Code of Maryland, the arbitration panel shall subtract the amount of advance payments made to a claimant on behalf of a provider from the total damages calculated to be owed by the provider to the claimant under §C of this regulation.
(4) The award of damages shall be adjusted as follows:
(a) If the amount of total damages exceeds the amount of advance payments, the net amount constitutes the award of damages for purposes of §C(4)(b) of this regulation, and, at the option of the claimant, is payable in a lump sum or periodic payments;
(b) If the amount of advance payments exceeds the amount of total damages, the arbitration panel may not require any repayment by a claimant, but may make any other equitable adjustment of the award of damages, including contribution from other parties determined liable.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.13 - Modification of Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application of Modification.
(1) Within 20 days after an award is mailed to a party, the party may apply to the arbitration panel for modification of the award.
(2) Each other party shall be given notice of the application for modification stating that the party may file an objection to the application within 10 days after receiving the notice.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.14 - Rejection of Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time for Rejection. Within 30 days after an award is mailed to a party, or, if application for modification was made, within 10 days after a determination on the application is mailed to a party, whichever period is greater, a party may reject the award or the assessment of costs under an award, or modification ruling, as provided in this regulation.
B. Notice of Rejection.
(1) Subject to §B(2) of this regulation, a party may reject an award or the assessment of costs under an award by filing with the Director and serving on each other party a notice of rejection.
(2) A rejecting party shall also file with the court an action to nullify the award or the assessment of costs under an award. Failure to file this action, within the time period in §A of this regulation, constitutes a withdrawal of any notice of rejection.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.15 - Confirmation of Award

Current through Register Vol. 51, No. 14, July 12, 2024
On the expiration of the times for modification and rejection of an award, the Director, when requested by a party, shall file a copy of the award with the appropriate court, and the court shall confirm the award. The cost of the filing shall be paid in advance by the party requesting the filing.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.16 - Waiver of Arbitration

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any time after a claim and responses to it have been filed with the Health Care Alternative Dispute Resolution Office by all parties named in the claim, but before the hearing begins, a written waiver of arbitration may be filed. If the waiver is signed by all parties, it is mutually binding on all parties and transfers the jurisdiction over the case to the circuit court of the county in which venue lies, but the case is subject to a lien for all costs of arbitration through the date of transfer.
B. Upon the filing of a waiver, the chairman shall sign immediately an order of transfer directing the removal of the case from the Health Care Alternative Dispute Resolution Office to the appropriate circuit court, and directing the payment of arbitration costs to date.
C. The party submitting the waiver to the Health Care Alternative Dispute Resolution Office shall be responsible for notifying the office of the receiving circuit court's case identification number within 10 days after the case has been docketed.
D. If the waived case is not filed in the appropriate circuit court in a timely fashion, and the claim is dismissed, the claimant shall be responsible for all arbitration costs unless a formal order or agreement of the parties directs otherwise.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 03 - HEALTH CARE ALTERNATIVE DISPUTE RESOLUTION OFFICE › Chapter 01.03.01 - General Regulations › Section 01.03.01.17 - Unilateral Waiver of Arbitration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any health care provider as stated in this regulation.
B. Waiver by Claimant.
(1) Subject to the time limitations in §D of this regulation, a claimant may waive arbitration, at any time after filing the certificate of merit in accordance with Regulation .03F of this chapter, by filing a written election to waive arbitration with the Director.
(2) The claimant shall serve the written election to waive arbitration on all parties in accordance with Maryland Rules of Procedure.
(3) If the claimant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificate of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland Domestic Violence Program is a State-wide program to make available a temporary sheltered environment and supportive services to meet the special needs of victims of domestic violence and their children through a network of local domestic violence service programs.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Abuse" means:
(a) An act that causes serious bodily harm;
(b) An act that places an individual in fear of imminent serious bodily harm;
(c) Battery or assault and battery;
(d) Rape or sexual offense as defined by Criminal Law Article, §§
											3-303 -3-306, Annotated Code of Maryland, or attempted rape or sexual offense; or
(e) False imprisonment.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A victim of domestic violence who is a resident of Maryland and any children are eligible for shelter services from a program.
B. A victim of domestic violence and any immediate family are eligible for nonshelter services from a program.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.04 - Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A victim of domestic violence or a batterer may apply directly to a program for service, or be referred from another source.
B. Program staff shall assess the application and determine whether services are available and appropriate for the applicant. When the program is at capacity or when the service is not appropriate to the applicant's needs, the staff shall refer the applicant to other appropriate resources.
C. For the applicant who is accepted for shelter services, staff shall explain the services available and obtain the applicant's written agreement to abide by the shelter rules.
D. Within the first 3 working days from the date of admission to a shelter, staff, with the applicant, shall develop and begin to implement a written comprehensive service plan.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.05 - Program Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The program shall include the following services:
(1) Receipt and response to crisis calls on a 24-hour basis;
(2) Safe accommodation and board for the victim of domestic violence and any children;
(3) Counseling services for the victim of domestic violence to alleviate the immediate crisis;
(4) Counseling services for the batterer; and
(5) Information and referral service as needed to other community resources.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.06 - Duration of Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The program shall terminate services when:
(1) The goal set in the service plan is reached;
(2) The recipient requests termination of services;
(3) A shelter services recipient fails to abide by the shelter rules; or
(4) The shelter staff decides with the recipient that the service is no longer appropriate.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.07 - Requirements for a Shelter Provided by a Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The shelter shall have available:
(1) Room and board capacity for the resident victim of domestic violence and any minor children;
(2) Counseling; and
(3) Paid staff or volunteers trained to assess need, establish eligibility, and develop comprehensive service plans.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.08 - Requirements for the Domestic Violence Program Staff

Current through Register Vol. 51, No. 14, July 12, 2024
A. Professional, paraprofessional staff and volunteers shall be trained to provide crisis intervention and continuing counseling and supportive services.
B. Paraprofessional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.09 - Requirements for Program Documentation and Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fiscal Recording. The program shall:
(1) Maintain books, records, documents, and other evidence of all expenditures and income;
(2) Maintain records according to generally acceptable standards of accounting; and
(3) Present upon receipt of reasonable notice all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the program.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.10 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. The program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except:
(1) As required by State law regarding the reporting of cases of suspected child abuse or neglect; or
(2) To Governor's Office of Crime Control and Prevention employees authorized to monitor or audit the program.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.01 - Domestic Violence Program › Section 01.04.01.11 - Grievance Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the program director or the director's designee that affirms or reverses the program's action. The written determination shall include the basis for the decision.
B. The program shall make available to the Office upon request a summary of each decision rendered, including findings of fact concerning each grievance heard.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland Rape Crisis Program is a State-wide program to make available counseling and supportive services to meet the special needs of alleged victims of rape and sexual offenses through a network of local rape crisis service programs.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Office" means the Governor's Office of Crime Control and Prevention.
B. "Rape crisis service program" means a local program designed to meet the needs of an alleged victim of rape or sexual offense in a specific area of the State.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A person who has been an alleged victim of a rape or sexual offense is eligible for services from a rape crisis service program.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.04 - Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. An alleged victim of a rape or sexual offense may apply directly to a rape crisis service program for service, or be referred from another source.
B. A staff person shall assess the application and determine whether services are available and appropriate for the applicant. When the service is unavailable or not appropriate to the applicant's needs, the staff person shall refer the applicant to other appropriate resources.
C. For the applicant who is accepted for services, the staff person shall explain the services, and develop and begin to implement the service plan.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.05 - Program Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local program shall offer the following services to adult and child victims of rape and sexual offenses:
(1) Receipt and response to crisis calls on a 24-hour basis;
(2) Counseling with the alleged victim and his or her friends and relatives to alleviate the immediate crisis;
(3) Accompaniment for medical services;
(4) Assistance and support for the victim using mental health, social, medical, police, and legal services;
(5) Information and education for the general public regarding the prevention and treatment of rape and sexual offenses;
(6) Other specialized services designed to help adult and child victims and their families.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.06 - Duration of Services

Current through Register Vol. 51, No. 14, July 12, 2024
The local program shall terminate services when the:
A. Goal set in the service plan is reached;
B. Recipient requests termination of services; or
C. Staff decides with the recipient that the service is no longer appropriate.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.07 - Requirements for the Rape Crisis Service Program Staff

Current through Register Vol. 51, No. 14, July 12, 2024
A. Professional, para-professional staff, and volunteers shall be trained to provide crisis intervention counseling and supportive services.
B. Para-professional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.08 - Requirements for Local Program Documentation and Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fiscal Recording. The local program shall:
(1) Maintain books, records, documents, and other evidence of all expenditures and income;
(2) Maintain records according to generally accepted standards of accounting;
(3) Present upon receipt of reasonable notice all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the local program.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.09 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except:
(1) As required by State law regarding the reporting of cases of suspected child abuse or neglect; or
(2) To Governor's Office of Crime Control and Prevention employees authorized to monitor or audit the program.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.02 - Rape Crisis Program › Section 01.04.02.10 - Grievance Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or his or her designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision.
B. The local program shall forward to the Office a summary of each decision rendered, including findings of fact concerning each grievance heard.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland Crime Victims' Services Program, subject to the availability of funds, provides specialized services to meet the needs of victims of crime through a network of local crime victims' assistance programs. Priority in funding shall be given to local crime victims' assistance programs serving victims of sexual assault, domestic violence, and child abuse.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.02 - 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) "Crime victims' assistance program" means a local program providing direct services to victims of crime.
(2) "Office" means the Governor's Office of Crime Control and Prevention.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
An individual who has been an alleged victim of a crime, as well as affected family or friends, or both, of the alleged victim of crime, are eligible for services from a crime victims' assistance program.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.04 - Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual who has been an alleged victim of a crime, as well as that individual's family member or friend, may apply directly to a crime victims' assistance program for services, or be referred from another source.
B. A member of the staff shall assess the application and determine whether services are available and appropriate for the applicant. When the service is unavailable or not appropriate for the applicant's needs, the staff member shall refer the applicant to other appropriate resources.
C. For the applicant who is accepted for services, the staff member shall explain the services and develop and begin to implement the service plan.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.05 - Program Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local program shall offer services that directly benefit the crime victim. These services may include, but are not limited to, the following:
(1) Crisis intervention services that meet urgent emotional or physical needs of crime victims. Crisis intervention services may include the operation of a 24-hour hotline that provides counseling or referral for crime victims.
(2) Emergency services that:
(a) Provide temporary shelter for crime victims who cannot safely remain in their current lodgings;
(b) Offer measures such as repair of locks or boarding up of windows to prevent the immediate reburglarization of a home or an apartment; or
(c) Provide crime victims petty cash for meeting immediate needs related to transportation, food, shelter, and other necessities.
(3) Support services that include:
(a) Follow-up counseling for other than crisis reactions, reassurance and empathetic listening, and guidance for resolving practical problems created by the experience of victimization;
(b) Acting on the crime victim's behalf vis-a-vis other social services and criminal justice agencies;
(c) Assistance in obtaining the swift return of property being kept by police as evidence;
(d) Intervention, as appropriate, with landlords or employers; and
(e) Referral to other sources of assistance, as needed.
(4) Court-related services that assist crime victims in participating in criminal justice proceedings including transportation to court, child care, and accompaniment services.
(5) Payment of all reasonable costs for a forensic examination of a victim of sexual assault/abuse, to the extent that these costs are not otherwise reimbursed or paid by third parties. Funds may only be used to pay for those forensic examinations that conform to standards adopted by the State or meet the evidentiary requirements of the local prosecutor.
(6) Training for those individuals, salaried or volunteer staff, who provide direct services to crime victims, which may include personnel employed by criminal justice, social services, mental health, or related agencies.
(7) Printing and distribution of brochures and similar announcements describing the direct services available and how to obtain a program's assistance, and similar public notification efforts intended to recruit volunteers.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.06 - Termination of Services

Current through Register Vol. 51, No. 14, July 12, 2024
The local program shall terminate services when the:
A. Goal set in the service plan is reached;
B. Recipient requests termination of services; or
C. Staff decides with the recipient that the service is no longer appropriate.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.07 - Requirements for Crime Victims' Assistance Program Staff

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local program shall use volunteers unless and to the extent the Governor or the Governor's designee determines that compelling reasons exist to waive this requirement.
B. Professional and para-professional staff and volunteers shall have training or experience in interviewing individuals in crisis and providing supportive services.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.08 - Requirements for Local Program Documentation and Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fiscal Recording. The local program shall:
(1) Maintain books, records, documents, and other evidence of all expenditures and income;
(2) Maintain records according to generally acceptable standards of accounting;
(3) Present all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the local program, upon reasonable notice.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.09 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except:
(1) As required by State law regarding the reporting of cases of suspected child abuse or neglect; or
(2) To Governor's Office of Crime Control and Prevention employees authorized to monitor or audit the program.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.03 - Crime Victims' Services Program › Section 01.04.03.10 - Grievance Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a written notice of the action taken and the basis for the action, together with a copy of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or his or her designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision.
B. The local program shall forward to the Office a summary of each decision rendered, including finding of facts concerning each grievance heard.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.04 - Online Access to Records of Shielded Peace and Protective Orders › Section 01.04.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of the regulations set forth in this chapter is to set forth guidelines for the process by which a nonprofit or governmental organization shall be eligible and authorized to have online access to records of otherwise shielded peace orders and protective orders.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.04 - Online Access to Records of Shielded Peace and Protective Orders › Section 01.04.04.02 - 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) "Central Repository" means the Domestic Violence Central Repository, an electronic database maintained by the Judicial Information System of the Administrative Office of the Courts.
(2) "Office" means the Governor's Office of Crime Control and Prevention.
(3) "Organization" means a nonprofit or governmental entity or agency that may be authorized under this chapter to have online access to records of otherwise shielded peace orders or protective orders.
(4) "Peace order" means either an interim peace order issued by a district court commissioner or a temporary or final peace order issued by a court under Subtitle 15 of Title 3 of the Courts and Judicial Proceedings Article, Annotated Code of Maryland.
(5) "Protective order" means a temporary or final protective order issued by a court under Subtitle 5 of Title 4 of the Family Law Article, Annotated Code of Maryland
(6) Victim services provider" means an organization that has been authorized by the Office to have online access to records of otherwise shielded peace orders or protective orders.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.04 - Online Access to Records of Shielded Peace and Protective Orders › Section 01.04.04.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Organizations eligible to be victim services providers include:
(1) State-designated domestic violence shelters;
(2) Full service rape crisis centers; and
(3) Maryland Legal Services Corporation grantees identified by the Maryland Network Against Domestic Violence or the Maryland Coalition Against Sexual Assault as entities that provide services to victims.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.04 - Online Access to Records of Shielded Peace and Protective Orders › Section 01.04.04.04 - Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. An eligible organization seeking initial or continued online access to Central Repository records of peace orders and protective orders shall submit an application to the Office. The Office shall develop a form appropriate for this purpose, which at a minimum shall require the applicant to:
(1) Disclose fully its internal policies, procedures, and training practices relating to its employees' and representatives' handling of confidential information;
(2) Agree to advise the Office immediately whenever it becomes aware of any facts evidencing a misuse of online access by its employees or representatives; and
(3) Agree to cooperate fully with the Office and the Administrative Office of the Courts whenever either agency seeks information relating to an alleged misuse of online access by the applicant's employees or representatives.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.04 - Online Access to Records of Shielded Peace and Protective Orders › Section 01.04.04.05 - Online Access

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of notification from the Office that an organization is a victim services provider, the Administrative Office of the Courts shall provide that organization with online access to otherwise shielded peace orders and protective orders.
B. The Administrative Office of the Courts shall administer the access so conferred in whatever manner it deems reasonably necessary and appropriate.
Code of Maryland Regulations › Title 01 - EXECUTIVE DEPARTMENT › Subtitle 04 - OFFICE OF CRIME CONTROL AND PREVENTION › Chapter 01.04.04 - Online Access to Records of Shielded Peace and Protective Orders › Section 01.04.04.06 - Suspension or Revocation of Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. Should the Office become aware of any facts or circumstances evidencing either a victim services provider's misuse of its online access or a victim services provider's failure to cooperate with the Office or the Administrative Office of the Courts, the Office may take whatever action it deems necessary and appropriate, including suspending or revoking that organization's authorization and certification. The Office shall immediately notify the Administrative Office of the Courts of any change to an organization's status as a victim services provider.
B. An organization that is denied authorization or whose authorization is suspended or revoked may seek reconsideration of that action by filing a request with the Office within 30 days of the Office's action. No later than 45 days after its receipt of a request, the Office will advise the organization of its final determination.
C. An organization whose authorization is revoked by the Office may reapply for authorization no earlier than 1 year from the date of revocation, unless the Office determines that a longer or shorter duration is appropriate, in which circumstance the different length of time set by the Office controls.