In this subtitle the following words have the meanings indicated. “At–risk parent” means a parent of a child entering out–of–home placement or identified as at risk of entering out–of–home placement. “Child welfare personnel” means paraprofessionals, caseworkers, casework supervisors, and administrators who work in child welfare programs administered by the Department. Repealed. “Cross–training” means training of both child welfare and substance abuse treatment personnel, provided by qualified trainers with an approved curriculum in essential areas, including both substance abuse and child welfare practices, procedures, and laws. Repealed. “Out–of–home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care. “Qualified addictions specialist” means an individual who meets the qualifications for substance abuse counseling and screening established by the Maryland Department of Health. “Substance abuse testing” means testing that is performed by urinalysis, breathalyzer, dip stick, blood testing, or hair analysis to determine if an individual has used either drugs or alcohol. “Substance abuse treatment” means a program that provides the intensity and type of treatment needed for parents and their children to maximize the likelihood of long–term abstinence, including detoxification, intensive outpatient treatment, intermediate care and other residential treatment (including programs in which parents and their children can live and receive treatment together), and aftercare programs such as transitional housing. “Substance abuse treatment personnel” means personnel who work in a substance abuse treatment program.

On or before December 1, 2000, the Secretary of Human Services and the Secretary of Health shall, after consultation with a broad range of child welfare professionals, substance abuse experts, judges, attorneys, managed care organizations, health care providers, local departments, local health departments, and child advocates, develop a statewide protocol for integrating child welfare and substance abuse treatment services that includes at a minimum the following: requiring cross–training for all child welfare and substance abuse treatment personnel; developing an approved curriculum for the cross–training and criteria for qualified trainers using best practices from other states; a plan for providing financial incentives for both child welfare personnel and addictions personnel who achieve specified levels of expertise; placing qualified addictions specialists, including an addictions specialist under § 5–314 of the Human Services Article, in all child welfare offices, based on a caseload formula developed by the Department; in all cases accepted for child abuse and neglect investigation or out–of–home placement, ensuring that parents are screened for substance abuse and, where there is any reasonable suspicion of substance abuse, ensuring that qualified addictions specialists have the: information needed regarding the circumstances of the family and any evidence that substance abuse exists; and opportunity to consult with the parents and children; specifying the circumstances under which a local department shall include in its petition for a child in need of assistance a request that a juvenile court order comprehensive drug and alcohol assessment and testing; establishing a procedure for notifying the local department of the results of substance abuse assessment and testing; establishing a procedure for notifying an at–risk parent of the availability of substance abuse treatment; and developing procedures for routine consultation and reevaluation of progress in substance abuse treatment at every step as a child welfare case proceeds. No later than December 1, 2000, the Secretary of Human Services and the Secretary of Health shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Economic and Environmental Affairs Committee, the House Appropriations Committee, and the House Environmental Matters Committee that: sets forth the statewide protocol developed under this section; and identifies the amount and sources of funds that are being used to implement the statewide protocol developed under this section and the other requirements of this subtitle. The statewide protocol developed under this section shall be implemented in each county of the State.

At an adjudicatory hearing on a petition for a child in need of assistance, if a local department requests substance abuse assessment and testing for a parent, a juvenile court shall order the assessment and testing unless the juvenile court finds compelling reasons not to order the assessment and testing and provides the reasons in writing.

Subject to the availability of funds, the Governor shall include in the State budget for fiscal year 2002 and all succeeding fiscal years sufficient funds to ensure that: each at-risk parent receives substance abuse treatment when the at-risk parent indicates a desire to enter substance abuse treatment or as soon thereafter as possible; and each child of an at-risk parent receives necessary treatment to remediate the harm caused by the parent’s substance abuse.

The Maryland Department of Health shall explore the use of excess hospital beds to locate new substance abuse treatment programs.

On or before December 15, 2000, and annually thereafter until December 15, 2007, the Secretary of Human Services and the Secretary of Health shall report to the Governor and, subject to § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Health and Government Operations Committee, on their progress in complying with the provisions of this subtitle. The report shall compare the availability of substance abuse treatment slots for at–risk parents and their children relative to actual demand and estimated need.

The Secretary of Human Services and the Secretary of Health shall, in developing the protocol required under § 5–1202 of this subtitle, consider the recommendations developed by the statewide Task Force to Study Increasing the Availability of Substance Abuse Programs established under Article 41, § 18–316 of the Code, as enacted by Chapter 778 of the Acts of the General Assembly of 1998, as amended by Chapter 390 of the Acts of the General Assembly of 1999. On or before June 30, 2001, the Secretary of Human Services and the Secretary of Health shall enter into a memorandum of understanding setting forth the responsibilities of each department to implement the provisions of this subtitle. Subject to § 2–1257 of the State Government Article, the Secretary of Human Services and the Secretary of Health shall submit a copy of the memorandum of understanding entered into under paragraph (1) of this subsection to the Senate Budget and Taxation Committee, the Senate Economic and Environmental Affairs Committee, the House Appropriations Committee, and the House Environmental Matters Committee.

The Department of Human Services and the Maryland Department of Health shall adopt regulations to carry out this subtitle.

This subtitle may be referred to as the “Integration of Child Welfare and Substance Abuse Treatment Act”.