Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.12 - Education for the Child in Out-of-Home Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall ensure that, within 5 school days of being placed in out-of-home placement, a child of school age is attending school, unless this is unattainable for reasons outside the control of the local department.
B. School Stability.
(1) With respect to a child who is in the custody of, committed to, or otherwise placed by the local department of social services in out-of-home placement, the local department shall determine whether it is in the child's best interests to continue the child's education at the school the child last attended prior to the most recent change in placement.
(2) In determining the best interests of the child under §B(1) of this regulation, the local department of social services shall, in consultation with the local education agency, consider the following factors, not in order of priority:
(a) The child's age;
(b) The school which the child's siblings attend;
(c) The child's experiences at the school the child last attended;
(d) The child's academic needs;
(e) The child's emotional needs;
(f) Any other special needs of the child;
(g) Continuity of instruction;
(h) Length of expected stay at current placement;
(i) Likely location of the child's current and future permanent placement;
(j) Time remaining in the school year;
(k) Distance and time of commute and the impact it may have on the child's education; and
(l) The safety of the child.
(3) The local department of social services shall make efforts to seek input from the child's attorney, parent, parent surrogate, legal guardian and other persons who are able to contribute relevant information to the best interests determination made under this section, unless doing so will create undue delay in placement.
(4) The best interests determination made under this section shall be made as soon as possible after the child's entrance into out-of-home placement or the child's change in out-of-home placement, but no later than 5 business days thereafter.
(5) A child shall continue to be enrolled in and maintain attendance in the school of origin until the local department of social services completes the best interests determination in accordance with this section, and transportation to the school of origin during that time period shall be provided by the local department.
(6) The local department of social services shall immediately provide written notice of the best interests determination made under §B(2) of this regulation to both the local educational agency foster care liaison in the local educational agency serving the school of origin and the local educational agency foster care liaison of the local educational agency serving the local zoned school.
(7) The local department of social services shall provide written notice of the best interests determination made under §B(2) of this regulation to the child's school, parent, parent surrogate, legal guardian, and child's attorney within 5 business days after the best interests determination has been made.