Maryland Administrative Code

.09 Completing the Investigation of Alleged Child Abuse or Neglect. A. A local department shall complete and document an investigation using assessment tools and forms required by the Administration. B. A local department or, in a joint investigation, a law enforcement agency sha…

.10 Identification of Alleged Maltreator. A. Except as provided in §C of this regulation, when a local department completes an investigation with a finding of indicated or unsubstantiated child abuse or neglect, the local department shall identify a maltreator. B. If a local depa…

.11 Child Abuse Disposition. A. Indicated Child Abuse. (1) Physical Abuse with No Mental Injury. Except as provided in §A(3) of this regulation, a local department may make a finding of indicated child physical abuse if there is credible evidence, which has not been satisfactoril…

.12 Child Neglect Disposition. A. Indicated Child Neglect. (1) Neglect with No Mental Injury. Except as provided in §A(2) of this regulation, the local department may make a finding of indicated child neglect when there is credible evidence, which has not been satisfactorily refu…

.13 Closure of Investigation. Before a local department closes its record of investigation, the local department shall: A. Ensure that the record is complete; B. No later than 30 days after completing the investigation: (1) In a case of ruled out child abuse or neglect, notify th…

.14 Alternative Response Assessment of Child Abuse or Neglect. A. During the alternative response assessment, the local department shall gather appropriate information to: (1) Evaluate the alleged victim’s home environment; (2) Decide on the safety of the alleged victim and of ot…

.15 On-Site Alternative Response Assessment. A. Within 24 hours of receiving a report of suspected child abuse assigned for an alternative response, the local department shall: (1) Initiate an on-site assessment with the alleged victim’s parent or primary caregiver; (2) Initiate …

.16 Closure of Alternative Response Assessment. A. The local department shall complete its alternative response assessment using assessment tools and forms required by the Administration. B. An assessment is complete when the local department: (1) Determines the names, ages, and …

.17 Provision of Services. A. If a local department determines that, as a result of its CPS response, ongoing services are appropriate, it shall immediately refer the case to local department staff providing those services or to service providers outside of the local department. …

.18 The Record. A. Until expunged in accordance with Regulation .19 of this chapter, the local department shall maintain: (1) Every report of suspected child abuse or neglect; and (2) A case record of a CPS Response. B. The case record shall include: (1) Materials obtained in the…

.19 Expungement of Child Abuse and Neglect Records. A. General Rules for Expungement. (1) Investigations. (a) A local department shall not expunge records related to an investigation resulting in an indicated finding. (b) A local department shall expunge records related to an inv…

.20 Centralized Confidential Database. A. Upon accepting a report of suspected child abuse or neglect, the local department shall enter identifying information into a centralized confidential database and, as appropriate, add to or correct information already entered. B. The loca…

.21 Confidentiality — CPS Responses to Child Abuse or Neglect. A. Except as otherwise provided in Family Law Article, Title 5, Subtitle 7, and Human Services Article, §§1-201—1-203, Annotated Code of Maryland, and §§B—D of this regulation: (1) Records and reports, including the i…

.22 Multidisciplinary Case Consultation Teams. A. Purpose and Composition of Standing Multidisciplinary Case Consultation Teams. (1) A local department shall have at least one standing multidisciplinary case consultation team that meets on a regular basis to make policy recommend…

.23 Development of Procedures for Joint Investigations. A. To facilitate the investigation and prosecution of cases of alleged child abuse or neglect, the local department shall enter into a collaborative written agreement pursuant to Family Law Article, §5-706(f), Annotated Code…

.24 Hearings. When a local department makes a finding of indicated or unsubstantiated child abuse or neglect, the local department shall offer a right to a hearing under Family Law Article, §5-706.1, Annotated Code of Maryland, and COMAR 07.02.26 to an individual whom a local dep…

.01 Purpose and Goals. A. The purpose of the Substance-Exposed Newborns Program is to address the needs of infants born with and identified as being affected by prenatal exposure to controlled substances or by a fetal alcohol spectrum disorder (FASD) by: (1) Requiring health care…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Controlled drug” means a controlled dangerous substance included in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V under Criminal Law Article, Title 5, …

.03 Reports by Health Care Practitioners. A. Except as provided in §C of this regulation, a health care practitioner involved in the delivery or care of a substance-exposed newborn shall: (1) Make an oral report to the local department as soon as possible; and (2) Make a written …

.04 Receiving Reports of Substance-Exposed Newborns. Within 48 hours after receiving a report of a substance-exposed newborn, the local department shall: A. See the newborn in person; B. Consult with a health care practitioner with knowledge of the newborn’s condition and the eff…

.05 Assessment. A. Promptly after receiving a report, the local department shall assess the safety of, and risk of harm to, the newborn to determine whether any further intervention is necessary. B. The assessment may include but is not limited to consideration of the following: …

.06 Scope. Reports made under this chapter do not create a presumption that a child has been or will be abused or neglected.

.01 Purpose. A. This chapter establishes the requirements, rights, and responsibilities of kinship caregivers and local departments. B. The primary purposes of these regulations are to: (1) Prioritize and support the placement of children in care with relatives, kin, or other ind…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Abuse” means: (a) Child abuse as defined in Family Law Article, §5-701, Annotated Code of Maryland; or (b) Sexual abuse of a child as defined in Family Law Article, §5-701…

.03 Requirements for Kinship Resource Home Licensing. A. Background Clearance. Before or at the time of placing a child in care with a kinship caregiver, the local department shall: (1) Review the following for any kinship caregiver or adult household member: (a) Child protective…

.04 Child Care and Education in Kinship Resource Homes. A. Kinship Caregivers Who Provide Child Care. (1) If a kinship caregiver provides informal child care for children not living in the home, the local department shall assess the impact that this may have on the kinship caregi…

.05 Denial of License. The local department may decline to license a kinship caregiver if: A. The kinship caregiver, an adult household member or the kinship resource home cannot or will not meet the requirements of this chapter; B. The local department determines that the kinshi…

.06 Review of a Kinship Resource Home. A. A local department shall review each kinship caregiver and home: (1) Annually; or (2) If there are significant changes in the lives of the kinship caregiver or household, discuss the significant change and determine if a review is necessa…

.07 Local Department Responsibility to Kinship Caregivers. A local department shall: A. Provide individualized case-by-case safety assessments consistent with facts and objective evidence; and apply legitimate requirements necessary to meet the physical, emotional, medical, or ed…

.08 Rights of a Kinship Caregiver. A. An individualized assessment consistent with facts and objective evidence and an equal opportunity to be licensed as a kinship caregiver. B. Information About a Child in Care. Before a local department places a child in care and upon learning…

.09 Responsibilities of a Kinship Caregiver. A. Responsibilities to a Child in Care. A kinship caregiver shall: (1) Participate in the child in care’s physical health, mental health, and dental health care, including documenting every healthcare visit in the child in care’s healt…

.10 Behavior Management of Children in Care. A. The local department shall provide kinship caregivers with developmentally appropriate and trauma-responsive resources to manage the behaviors of children in care, including behavior management methods, and connect the kinship careg…

.11 Investigations of Abuse or Neglect in Kinship Resource Homes. A. Initial Notification. If the local department receives a report of suspected abuse or neglect and initiates an investigation, the local department shall; (1) Notify the kinship caregiver that a report of abuse o…

.12 Closing a Kinship Resource Home and Revoking a Kinship Caregiver’s License. A. Grounds. A local department may close a kinship resource home and revoke a kinship caregiver license for any of the following reasons: (1) The child in care for whom the kinship caregiver was carin…

.13 Appeal Procedure. A. Appeal Rights. A kinship caregiver aggrieved by a local department's decision to deny, suspend, or revoke a license may appeal under COMAR 07.01.04. B. Exclusive Jurisdiction of Courts. A kinship caregiver may not use these procedures to appeal a court’s …

.01 Purpose. The purpose of Youth Transitional Services is to prepare and assist youth to make the transition to successful adulthood. Services are designed to promote self-sufficiency and responsible living.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Social Services Administration. (2) “Agency” means an organization licensed to provide transitional services to youth. (3) “Benchmark” means spec…

.03 Eligibility. A. To be eligible for youth transitional services, a youth shall be age 14 to 21 years old, committed to a local department or in out-of-home placement pursuant to a voluntary placement agreement. B. Youth 14 to 21 years old are eligible for age appropriate youth…

.04 Program Requirements. A. Youth transitional services shall be made available to all eligible youth and shall include the following components: (1) Assessment services; (2) Service agreement; (3) Case plan; (4) Transition plan; (5) Case management services; and (6) Semi-indepe…

.05 Assessment Services. A. Youth who participate in youth transitional services shall have a strengths and needs assessment that identifies the youth's: (1) Strengths and weaknesses; (2) Independent living skills; (3) Education level; (4) Employability; (5) Emotional and support…

.06 Benchmarks. A. The caseworker shall consult with youth beginning at the age of 14 to establish appropriate benchmarks. B. Individual benchmarks shall be established in the following areas: (1) Education; (2) Employment; (3) Health and mental health; (4) Housing; (5) Financial…

.07 Case Plan. A. Youth who participate in youth transitional services shall have a case plan as described in COMAR 07.02.11. B. In addition to the components required by COMAR 07.02.11, the case plan shall include: (1) The youth's strength and needs assessment; (2) A description…

.08 Service Agreement and Transition Plan. A. Youth who participate in youth transitional services shall have a service agreement as described in COMAR 07.02.11. The service agreement shall establish: (1) Youth transitional services goals; (2) Tasks required to meet the service g…

.09 Transitional Youth Services. A. Youth 14 to 21 years old committed to a local department or placed in out-of-home placement pursuant to a voluntary placement agreement shall receive youth transitional services, regardless of the type of placement or permanency plan. B. Servic…

.10 Caseworker Services. A. The caseworker shall provide services to youth that are committed to the local department or in out-of-home placement pursuant to a voluntary placement agreement that address the youth's physical, mental health, and emotional needs as delineated in COM…

.11 Semi-Independent Living Arrangement. A. The purpose of the semi-independent living arrangement is to provide youth an opportunity to learn and practice independent living skills and activities for a specified time period as indicated in the service agreement while receiving s…

.12 Independent Living Aftercare Services. A. Independent living aftercare services are available on a voluntary basis to youth 18 to 21 years old who were in out-of-home placement on their 18th birthday or after attaining the age of 16 exited to kinship guardianship or adoption.…

.13 Enhanced Aftercare Services — Repealed.

.14 Youth Training Requirements. A. The Administration shall conduct training consistent with the goals of the John H. Chaffee Foster Care Independence Act regarding the issues confronting adolescents preparing for independence. B. Training shall include: (1) Instructions in basi…

.15 Funding. A. All purchases shall be made as outlined in COMAR 21.05.01.01. B. Semi-independent living arrangement payments. (1) The local department may provide funding for youth participating in semi-independent living or enhanced aftercare. (2) The local department may pay a…