Maryland Administrative Code

.11 Delivery of Benefits. A. The Office shall commit to delivery of the benefit by the close of the business day the application for benefits is approved. B. If the benefits administered by the Office are insufficient to provide for continuation or restoration of services to a re…

.01 Purpose and Scope. A. The purpose of this subtitle is to protect children's health, safety, and well-being from the special risk arising from living outside their homes. When a conflict exists between the interests of a child and those of an adult, the child's interest takes …

.02 Definitions. A. In this subtitle, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Social Services Administration of the Department of Human Services. (2) “Agency” means a privately incorporated organization that is: (a) Incorp…

.03 Requirements for Licensure. A. Except as provided in §B of this regulation, a person may not operate an agency or engage in the placement of children without a license from OLM. B. The following activities do not require a license as an agency: (1) An individual placing a chi…

.04 Licensing Procedure. A. The president of the governing board of the organization that seeks licensure as a child placement agency shall apply to OLM for a license. B. An application for an agency license shall include: (1) The application form, signed by the governing board p…

.05 Conditions for Continuing Licensure. A. Posting of License. (1) If an agency maintains more than one office location, OLM shall issue a license for each office location. (2) The agency shall post the original license issued for an office location in a permanent, public place …

.06 Agency Purpose and Finances. A. The agency shall have a written statement of its child placement philosophy, purpose, and program that describes the agency's program policy goals and objectives. The statement shall be available to OLM, referral sources, service recipients, an…

.07 Agency Governing Board. A. Legal Status of Agency. The agency shall be incorporated under applicable law and maintain documents that identify its incorporation and administrative structure and staffing, including lines of authority. B. Governance. The agency shall have a gove…

.08 Agency Reporting Responsibilities. A. Agency Emergencies. (1) The agency shall maintain and make available to OLM a written plan detailing employee responsibilities for all emergencies that may affect the: (a) Agency operation; or (b) Health, safety, and well-being of childre…

.09 Screening Employees, Volunteers, and Governing Board Members. A. Before agency employment or approval as a volunteer or governing board member, any applying employee, volunteer, or governing board member who is in close proximity to children as part of the authorized function…

.10 Agency Administrative Requirements. A. The agency shall provide suitable office space in Maryland that provides: (1) Office and reception areas that: (a) Are used exclusively as an office and reception area for the agency, and (b) Contain appropriate furnishings in good condi…

.11 Record Maintenance, Security, Retention, and Disposition. A. The agency shall: (1) Maintain records necessary for the proper and efficient operation of the agency in accordance with the agency’s type of license: (a) Legible; and (b) Signed and dated by the individual making t…

.12 Child Abuse and Neglect. A. Written Policy. The agency shall have a written policy conforming with State law of the procedures to be followed after any incident of suspected child abuse or neglect by an employee, volunteer, or board member. The written policy shall require th…

.13 Personnel Policies and Practices. A. The agency shall have comprehensive written personnel policies and practices conducive to recruitment, retention, training, supervision, and evaluation of all employees. These policies and practices shall include the following: (1) Written…

.14 Employee Qualifications. A. All agency employees shall meet the qualifications pursuant to this regulation and Regulations .09 and .13 of this chapter. B. Specific Position Qualifications. The agency shall employ a chief administrator and a sufficient number of qualified empl…

.15 Employee Responsibilities. A. An agency shall employ a chief administrator whose responsibilities include: (1) Management of the agency's total program; (2) Representation of the agency in the community; (3) Delegation of appropriate responsibilities to other staff; (4) Recru…

.16 Employee Orientation, Training, and Development. A. The agency shall have a written plan for the orientation and continuing training of all employees. B. The agency shall ensure that: (1) Excluding activities related to supervision of an employee's routine tasks, supervisors …

.17 Contractual, Professional, Volunteer, and Student Services. A. Contractual Services. (1) An individual employed by the agency who is not a full-time employee shall be bound by the provisions of a contract with the agency to provide specific, ethical, consistent, and appropria…

.18 Corrective Action. A. If OLM determines through its monitoring and evaluation activities that a program has violated the licensing requirements of this chapter or COMAR 07.02.21, 07.05.02, 07.05.03, or 07.05.04, and OLM chooses to require a corrective action plan, it shall gi…

.19 Suspension. A. OLM may suspend an agency’s license for a violation of regulations in this chapter or COMAR 07.02.21, 07.05.02, 07.05.03, or 07.05.04. B. Suspension of an agency license prohibits the agency from accepting any new placements or providing new services to adults …

.20 Revocation. A. OLM may revoke an agency’s license for a violation of regulations in this chapter or COMAR 07.02.21, 07.05.02, 07.05.03, or 07.05.04 B. Except as provided in Regulation .23C of this chapter, revocation of an agency license requires that the agency cease all ser…

.21 Emergency Action. A. If OLM finds evidence of an agency’s incompetence, misconduct, financial mismanagement, pervasive child neglect or abuse, or other conditions that pose an immediate threat to children's health and safety, OLM shall: (1) Without giving prior notice, suspen…

.22 Court Action. If the agency does not comply with sanctions pursuant to Regulations .18—.21 of this chapter, OLM shall refer the matter to the State’s attorney for the jurisdiction in which the agency is located.

.23 Appeal Hearings. A. An applicant or agency has a right to an appeal hearing under the contested case provisions of the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, when: (1) OLM has denied an application fo…

.01 Purposes. The purpose of private foster care placement services is to: A. Provide time-limited, foster care services to a child and to the child's parent or legal custodian to facilitate safe, appropriate, and timely reunification with a parent or parents; B. Concurrently dev…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Child placement worker” means an individual licensed in Maryland as a social worker and employed by a licensed child placement agency to: (a) Perform intake services; (b) …

.03 Regulatory Requirements for Private Foster Care Services. A. To provide private foster care services, the agency shall: (1) Be licensed as a child placement agency by the Administration in accordance with COMAR 07.05.01; and (2) Have a written service plan for the provision o…

.04 Agency's Foster Parent Recruitment Plan. A. The agency shall have a written plan for continuing recruitment of foster parents which includes: (1) Methods of recruitment; (2) Sources to be used; (3) Time-related goals for applicant recruitment; (4) Designated recruitment staff…

.05 Application for Foster Parent Certification. A. Foster parent applicants shall be single individuals or couples who may be employed. B. A prospective foster parent shall sign and date an application indicating a willingness to be a certified foster parent. C. An appropriate a…

.06 Foster Parent Medical Requirements. A. All household members or employees of the individual or couple seeking foster parent certification or recertification shall have: (1) An initial medical examination at the time of application for foster parent certification by a qualifie…

.07 Financial Stability of Certified Foster Parent. A. An applicant for foster parent certification shall document possession of sufficient income and financial stability to provide reasonable living conditions without depending on the agency's reimbursement for foster care servi…

.08 Mother-Infant Foster Care. A. A certified foster parent may provide care for foster children who are mothers with infants if the agency approves the foster parent in writing for mother-infant foster care. B. The mother-infant foster parent shall meet all requirements of Regul…

.09 Certified Foster Parent Restrictions and Reporting Responsibilities. A. A certified foster parent shall accept all restrictions imposed by the agency. B. A certified foster parent shall: (1) When a foster child's whereabouts are unknown for 2 hours, notify the local law enfor…

.10 Foster Parent's Home, Equipment, and Supply Requirements. A. Health and Sanitary Approval. (1) The foster parent's home shall meet the public health and sanitary requirements of the local health department and other applicable State or local requirements. (2) Before certifyin…

.11 Method of Foster Parent Home Study. A. Before certifying the foster parent, the agency child placement worker shall conduct a home study that includes: (1) At least two home visits; (2) At least 20 hours of training for a foster parent applicant individually, or in a group of…

.12 Training Requirements. A. An applicant shall complete 20 hours of training provided by the agency before the agency certifies the applicant as a foster parent. B. The agency shall document the applicant's attendance and understanding of material. C. The training shall include…

.13 Recommendation for Certification. A. The agency's chief administrator or designee shall: (1) Make the results of the foster parent's home study and training evaluation available in writing for the record and for the applicant; (2) Review charges, investigations, convictions, …

.14 Abuse or Neglect by a Foster Parent. A. Initial Action. (1) If a child placement worker or other agency employee observes that a child placed with a certified foster parent is in serious and immediate danger, the child placement worker shall: (a) Immediately notify: (i) The c…

.15 Agency Services to the Child Before Placement in Foster Care. A. Assessment of the Child. (1) Within 60 days of referral or application of a child for placement, the agency shall write a report after assessing the child's needs. The assessment report shall include the: (a) Id…

.16 Agency Maintenance of Certified Foster Parents. A. The agency shall have written policies and procedures consistent with this chapter to govern maintenance of certified foster parents. B. The agency shall document that agreed upon financial payments are made to the foster par…

.17 Agency Maintenance and Termination of a Child in Foster Care Placement. A. The agency shall: (1) Schedule a physical examination and a functional assessment for the child by a physician within 2 working days after the child's placement; (2) Unless the child has been examined …

.18 Records. A. Permanent Records. The agency shall maintain case records for permanent retention documenting the services provided in foster care and pertinent information about the child, the birth or adoptive parents, and the foster parent. B. When a child is moved to a new fo…

.19 Confidentiality. A. The confidentiality of all information shall be safeguarded according to COMAR 07.01.02 and 07.01.07. B. The agency and agency-certified foster parent shall protect confidential information regarding the foster children, parents, and guardians.

.20 Appeal Process. A. The agency shall have a written appeal process which may be used by any aggrieved applicant, foster parent, parent, foster child, or other aggrieved party. B. Appeal Process. (1) A foster parent aggrieved by a decision of the agency shall be informed by wri…

.01 Purpose. The purpose of private adoption services is to: A. Effect a permanent plan through private legal adoption as quickly as possible for a child in out-of-home placement who cannot, or should not, be reunited with the child's birth parents; B. Protect children from unnec…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Adoptee” means an individual: (a) Whose adoption decree was issued by a Maryland court; or (b) Who was placed for adoption by a: (i) Maryland-licensed child placement agen…

.03 Regulatory Requirements for Private Adoption Services. A. To provide private adoption services, an agency shall: (1) Be licensed as a child placement agency by the Administration in accordance with COMAR 07.05.01; and (2) Have a written service plan which meets the requiremen…

.04 Services to Birth Parent. A. Services shall be accessible and available to a birth or adoptive parent requesting assistance in dealing with parenthood issues. B. When an expectant parent considering placement of a child for adoption requests adoption services, the agency chil…

.05 Adoption Services for the Child. A. Adoption services are available to any child: (1) Whose parent voluntarily relinquishes the child for adoption; (2) Whose parent is considering separation from a child because of the parent's inability to provide parental responsibilities; …

.06 Subsidized Adoption. A. The agency shall notify applicants of available adoption subsidies. B. Subsidized adoption may be available to: (1) A child for whom the agency has guardianship and documentation of reasonable efforts to find an adoptive home without subsidy, but has n…