Maryland Administrative Code

.19 Accountability and Reporting. A. A local department administering youth transitional services shall track: (1) The number of youth receiving transitional and aftercare services; (2) The characteristics of the youth receiving transitional and aftercare services; (3) The type a…

.20 Confidentiality. The confidentiality of information regarding youth shall be strictly safeguarded according to the confidentiality requirements in COMAR 07.01.07 and the access of records requirements in COMAR 07.01.02. The provider agencies and foster parents shall protect t…

.21 Fair Hearings. The provisions of COMAR 07.01.04 apply to this chapter.

.01 Purpose of Out-of-Home Placement Program. The purpose of the Out-of-Home Placement Program of the Social Services Administration is to: A. Provide short-term 24-hour a day care and supportive services for a child who is in the custody or guardianship of a local department of …

.02 Goals of Out-of-Home Placement. The goals of out-of-home placement include: A. Increasing the percentage of children who are reunified with family, whose caretaker is awarded guardianship, or who are legally adopted; B. Improving outcomes for children by reducing the: (1) Ent…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Abandonment” means to leave a child without any provision for support and without any person who has accepted long-term responsibility to maintain care and have custody an…

.04 Eligibility. A. A local department shall initiate out-of-home placement for a child who: (1) Is placed voluntarily in the custody or in the care of the local department, under a written agreement in accordance with Regulation .06 of this chapter; (2) Is abused, abandoned, or …

.05 Local Department Responsibility for Out-of-Home Placement. A. A child is considered to enter out-of-home placement and the placement episode begins when the local department: (1) Removes the child from the home of the parents, legal guardian, or caregiver; (2) Acquires legal …

.06 Voluntary Placement. A. Time-Limited Voluntary Placement. (1) If a parent or legal guardian is temporarily unable to care for a child because the parent or legal guardian is, or soon will be, hospitalized, incarcerated, or otherwise unable to parent the child, the local depar…

.07 Parental Rights and Responsibilities. A. When there is a conflict between the rights of the parents or legal guardian and those of the child, the child's best interest shall take precedence. B. After a court has terminated parental rights, the parents no longer have rights as…

.08 Medical Care. A. The local department shall encourage the parents or legal guardian to participate to the extent of the parents' or legal guardian's capability and availability in plans for the medical care of any child committed to or in voluntary placement with the local de…

.09 Shelter Care. A. In the case of serious, immediate danger to the child, the local department shall: (1) Remove the child; and (2) Immediately request authorization from the court or intake officer for shelter care until the next court date when a shelter care hearing is held.…

.10 Efforts to Prevent Out-of-Home Placement. A. Before accepting a time-limited or children with disabilities voluntary placement or seeking shelter care, the local department shall document in the case record reasonable efforts that have been made but have been unsuccessful in …

.11 Out-of-Home Placement. A. In order of preference, a child shall be placed with a relative caregiver, in a foster home, or in a group care setting. B. A foster home used by the local department shall meet the standards for foster homes established under COMAR 07.02.25 and, exc…

.12 Education for the Child in Out-of-Home Placement. 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 depa…

.13 Case Planning for Permanency. A. Within 60 days after removal, the local department, together with the child's parent or legal guardian, shall develop a written case plan for each child in out-of-home placement. The case plan shall include concurrent permanency plans, except …

.14 Provision of Reunification Services. A. To the extent that funds and other resources are available, a range of services that will facilitate or maintain successful reunification of the child shall be: (1) Provided by the local department; (2) Made available by the local depar…

.15 Service Agreements. A. As appropriate to each case, the local department shall develop a written service agreement: (1) With the child's parents or legal guardian, within 60 days of removal if the plan is to return the child to the parents or legal guardian; (2) With the pare…

.16 Decision to Make the Permanency Plan Other than Reunification. A. In addition to engaging in the analysis set for in §C of this regulation and giving primary consideration to the health and safety of the child, the local department shall give serious consideration to implemen…

.17 Visitation with the Child in Out-of-Home Placement. A. The local department caseworker shall have regular visits with the child in out-of-home placement, as required in this regulation. However, the visits shall be more frequent than as indicated in this regulation when, in t…

.18 Procedures in Response to Runaway Children or a Child Abduction. A. When the local department is informed that a out-of-home placement child is missing, abducted, or has not returned home at a prearranged time, the local department caseworker shall: (1) Notify the: (a) Local …

.19 Periodic Reviews. A. General. (1) A periodic review of a child's status shall be held not less frequently than once every 6 months by the juvenile court, and, if not reviewed by the court, may be reviewed according to §A(2) of this regulation. (2) The review shall be conducte…

.20 Permanency Planning Hearings. A. The court determines the permanency plan for a child based upon the recommendations of the local department and the other parties at the permanency planning hearing consistent with the hierarchy of permanency plans described in Regulation .13 …

.21 Voluntary Placement Hearings. A. Children with Disabilities Voluntary Placements. (1) A local department may not seek legal custody of a child under a voluntary placement agreement if: (a) The child has a developmental disability or a mental illness; and (b) The purpose of th…

.22 Case Record Documentation. A. The local department shall establish and maintain a case record for every child in out-of-home placement containing all of the documents required by this chapter. The record shall also include the following: (1) All of the forms that are required…

.23 Procedures to be Followed when Abuse or Neglect is Suspected in an Out-of-Home Foster Care Placement. A. Initial Action. (1) The public or private child placement agency employee who receives a report, or makes a personal observation, of suspected abuse or neglect in an out-o…

.24 Return of Child to the Parents or Legal Guardian. A. The decision by the local department to return a foster child to the care of the parents or legal guardian shall be made with the parent or legal guardian's participation after an assessment of their ability to safely care …

.25 Aftercare Services. A. The local department shall provide aftercare services to the child and the aftercare placement family: (1) For an initial period of up to 3 months, which may be extended an additional 3 months for a total of 6 months; and (2) Beyond the 6 months based u…

.26 Placement of Child with a Relative. A. The local department shall give priority to the child's relatives over nonrelatives when determining permanency plans and placement. B. The decision by the local department to place a child with relatives shall be made: (1) With the part…

.27 Custody and Guardianship. A. Before custody and guardianship is granted to a relative or nonrelative of a child not committed to the local department, the local department shall: (1) Determine if departmental funds are available to support and maintain the child; (2) Assess a…

.28 Out-of-State Placement. A. Interstate Compact. (1) All placements of children for out-of-home placement or as a preliminary to possible adoption in Maryland from another state shall comply with the requirements of the Interstate Compact for the Placement of Children (Compact)…

.29 Child Support and Other Resources for Reimbursement Towards Cost of Care. A. All of the child's resources, including parental support, the child's own benefits, insurance, cash assets, trust accounts, and, for the child who is preparing for independent living, the child's ear…

.30 Title IV-E Eligibility and Reimbursability. (Agency Note: Federal Regulatory Reference — 45 CFR 1355 and 1356) A. Under the Social Security Act, Title IV, Part E, the federal government provides funds to states for maintaining certain children in out-of-home placement or in a…

.31 State Standard Rates for Out-of-Home Placement under the Direct Supervision of a Local Department. A. Board Rates and Clothing Allowance. (1) Board rates and monthly clothing allowances are set forth in Schedules A and B of Regulation .39 of this chapter. (2) The board rate i…

.32 State Standard Rates for Purchased Out-of-Home Placement Services. A. Purchased Foster Care. (1) The purchased family foster care rate is for the care of a child who requires extra supervision and attention in a home equipped to give this special care. This type of purchase m…

.33 Public Treatment Foster Care (PTFC) Placements. A. The goals of the PTFC program, in addition to the goals of out-of-home placement as stated in Regulation .02 of this chapter, are to provide, in a family setting, intensive services to a child with a serious emotional, behavi…

.34 Payment to the Out-of-Home Placement Provider. A. Amount Paid to the Provider. (1) The amount paid to the provider for care of the child is the amount determined by the standards established in Regulation .39 of this chapter, less any amount the child, who is planning for ind…

.35 Correction of Payment Irregularities to the Out-of-Home Placement Provider. A. Within 30 days of the knowledge of payment irregularity, the local department shall commence overpayment procedures. B. Overpayment Procedures. (1) To correct an overpayment, the local department s…

.36 Local Supplements. A. A local department may establish a supplement to the State standard to be used to meet special needs, provided that the: (1) Supplement is met by local funds and is included in the fiscal agreement between the Department of Human Services and the local g…

.37 Liability Insurance and Reimbursement for Loss to Foster Parents. A. Insurance. (1) The Department shall, under certain conditions, provide liability insurance premiums from State funds, for foster parents who care for children under the direct supervision of the local depart…

.38 Fair Hearing. A. At the time of placement, the local department shall give to each parent or legal guardian of a child in out-of-home placement written and verbal notification of the right and methods of requesting and obtaining a fair hearing. B. The local department shall n…

.39 Schedules. Schedule A Family Foster Care Rates Type of Care Monthly Board Per Diem Monthly Clothing Allowance Total Regular Care: Regular Care Infant through Age 11 $775 $27.45 $60 $835 Age 12 and older 775 27.94 75 850 Intermediate Care Infant through Age 11 890 31.23 60 950…

.01 Purpose. Adoption services are provided to: A. Effect a permanent plan, through adoption, at the earliest possible time, for a child in out-of-home placement who cannot or should not be reunited with the child’s birth parent; B. Protect a child from unnecessary separation fro…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Social Services Administration of the Department of Human Services. (2) “Adoptee” means an individual: (a) Whose adoption decree was issued by a …

.03 Placement for Adoption. A. The decision to select a particular family for a child shall be based on the child’s best interests and shall include consideration of: (1) The needs of the child; (2) The ability of a prospective adoptive family to meet the child’s overall physical…

.04 Post Adoption Services. A. Post adoption services may be provided to support the adoptive placement after adoption finalization in accordance with available staff resources. B. Upon request of the adoptive family, the local department may make the following services available…

.05 Title IV-E Monthly Adoption Assistance. A. Adoption assistance is medical benefits, and in appropriate cases a monthly payment, provided to adoptive families on behalf of eligible children to help the family defray the costs of meeting a child’s special needs. B. The Administ…