In this subtitle the following words have the meanings indicated.
“Administration” means:
the Social Services Administration of the Department; or
any other unit within the Department to which the Secretary of Human Services has delegated in writing specified responsibilities of the Administration under this subtitle.
“Foster care” means continuous 24–hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home.
“Group care” means continuous 24–hour care and supportive services provided for a minor child placed in a licensed group facility.
“Kinship care” means continuous 24–hour care and supportive services provided for a minor child placed by a child placement agency in the home of a kinship parent or kinship caregiver, as those terms are defined in § 5–534 of this subtitle.
“License” means a license issued by the Administration under this subtitle.
“License” includes:
a child placement agency license;
a child care institution license; and
a residential educational facility license.
“Local board” means a local citizen board of review for children in out–of–home care.
“Out–of–home care” means:
out–of–home placement; and
the monitoring of and services provided to a child in aftercare following a child’s out–of–home placement.
“Out–of–home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care.
“Residential educational facility” means:
a facility that:
provides special education and related services for students with disabilities;
holds a certificate of approval issued by the State Board of Education; and
provides continuous 24–hour care and supportive services to children in a residential setting; or
one of the following schools:
the Benedictine School;
the Linwood School;
the Maryland School for the Blind; or
the Maryland School for the Deaf.
“Residential treatment care” means continuous 24–hour care and supportive services for a minor child placed in a facility that provides formal programs of basic care, social work, and health care services.
“State Board” means the State Citizens Review Board for Children.
“Voluntary placement agreement” means a binding, written agreement that:
is voluntarily entered into between a local department and:
the parent or legal guardian of a minor child; or
a former CINA whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and
specifies, at a minimum:
the legal status of the child or former CINA; and
the rights and obligations of the parent or legal guardian, the child or former CINA, and the local department while the child or former CINA is in placement.
The General Assembly declares that:
minor children are not capable of protecting themselves; and
when a parent has relinquished the care of the parent’s minor child to others, there is a possibility of certain risks to the child that require compensating measures.
It is the policy of this State:
to protect minor children whose care has been relinquished to others by the children’s parent;
to resolve doubts in favor of the child when there is a conflict between the interests of a minor child and the interests of an adult; and
to encourage the development of child care services for minor children in a safe, healthy, and homelike environment.
This section does not limit the powers of the Administration under this subtitle or the Department of Juvenile Services under Title 9 of the Human Services Article.
An agent, officer, or representative of a Maryland corporation formed for the care, custody, or protection of minor children who has care or custody of a minor child has the authority and privileges of a law enforcement officer for any purpose related to the objectives of the corporation.
A person, including a person acting under claim or color of authority over a minor child as a parent, guardian, or otherwise, may not interfere with or obstruct an agent, officer, or representative described in subsection (b) of this section in relation to the care, custody, or protection of the minor child by the agent, officer, or representative.
A person who violates this subsection is guilty of a misdemeanor.
Foster parents in this State have the following rights:
the right, at the initial placement, at any time during the placement of a child in foster care, and as soon as practicable after new information becomes available, to receive full information from the caseworker, except for information about the family members that may be privileged or confidential, on the physical, social, emotional, educational, and mental history of a child which would possibly affect the care provided by a foster parent;
with regard to the local department case planning, the right to:
except for meetings covered by the attorney-client privilege or meetings in which confidential information about the natural parents is discussed, be notified of, and when applicable, be heard at scheduled meetings and staffings concerning a child in order to actively participate, without superseding the rights of the natural parents to participate and make appropriate decisions regarding the child, in the case planning, administrative case reviews, interdisciplinary staffings, and individual educational planning and mental health team meetings;
be informed of decisions made by the courts or a child welfare agency concerning a child; and
provide input concerning the plan of services for a child and to have that input given full consideration by the local department; and
the right to be given reasonable written notice, waived only in cases of a court order or when a child is determined to be at imminent risk of harm, of plans to terminate the placement of a child with a foster parent.
This section does not create, and may not be construed to create, a cause of action for foster parents.
In this section the following words have the meanings indicated.
“Beaded chain” means a series of small spheres, equally spaced on a cord or connected by metal shafts used to raise and lower a window covering.
“Cord loop” means a curving or doubling of a beaded chain or cord to form a closed loop.
“Cordless window covering” means:
a horizontal blind or cellular shade that has no draw cord and the internal lift cord runs in the slats of the horizontal blind so that the cord is incapable of forming a loop greater than 7.25 inches;
a Roman shade, roll–up blind, or woven shade that has no draw cord and the lift cord is completely enclosed so that it is not accessible;
a vertical blind that has a wand as its operating mechanism and does not contain any beaded chains, corded pulleys, or other cord loop operating mechanisms; and
a roller shade that does not contain a cord or beaded chain.
“Draw cord” means any form of rope, strap, or string used to raise or lower a window covering.
“Internal lift cord” means a cord that is contained inside the body and rails of the blind or shade.
“Wand” means a rod used to:
rotate a vertical blind; or
tilt a horizontal blind.
This section applies only to foster homes, family child care homes, large family child care homes, and child care centers in the State.
All new and replacement window coverings installed on or after October 1, 2010, shall be cordless window coverings.
All window coverings in place before October 1, 2010, shall meet minimum safety standards established in regulations jointly adopted by the Department and the State Department of Education that include standards for:
Roman shades, roll–up shades, woven shades, and all window coverings with exposed and unsecured cords;
horizontal blinds, cellular shades, and all window coverings that have draw cords for their operation; and
vertical blinds and other window covering products with loops utilized in their operation.
If a person fails to comply with the requirements of subsection (c)(2) of this section, the appropriate agency may require replacement of existing window coverings with cordless window coverings.
In consultation with interested stakeholders, the Administration shall prepare an annual report on voluntary placement agreements for children and young adults in the State.
The report shall include:
the total number of voluntary placement agreements that were:
approved;
denied;
requested for behavioral health reasons, including voluntary placement agreements that were requested for children with a developmental disability who are also diagnosed with a behavioral health disorder; and
requested for children with a developmental disability who are not also diagnosed with a behavioral health disorder;
the reason for any denials; and
for voluntary placement agreements that were approved, the type of placement recommended and the type of initial placement, including:
residential treatment center;
group home placement;
therapeutic group home;
diagnostic placement;
therapeutic foster home; and
any other type of placement.
The report shall group the information required under subsection (b) of this section by the following regions:
Baltimore region, consisting of Baltimore City, Baltimore County, and Harford County;
Eastern Shore, consisting of Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County;
Metro Region, consisting of Howard County, Montgomery County, and Prince George’s County;
Southern Maryland, consisting of Anne Arundel County, Calvert County, Charles County, and St. Mary’s County; and
Western Maryland, consisting of Allegany County, Carroll County, Frederick County, Garrett County, and Washington County.
On or before December 1 each year, the Administration shall submit the report required under this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
In this section, “new luggage” means a suitcase, duffel bag, backpack, or similar container that:
is designed to hold an individual’s personal belongings; and
has not been previously used.
“New luggage” does not include a disposable bag or trash bag.
The Department shall:
establish and maintain a decentralized supply of new luggage to be used to transport the personal belongings of a child in foster care; and
develop procedures for the storage and distribution of new luggage intended for children in foster care.
Subject to paragraphs (2) through (4) of this subsection, the Department shall provide new luggage to a child in foster care who is:
entering foster care;
moving from one foster care placement to another; or
exiting foster care.
New luggage provided to a child under this subsection:
is the property of the child; and
may not be reclaimed by the Department or retained by the child’s foster parent.
The Department is not required to provide additional new luggage under this subsection to a child who:
is changing placement; and
is in possession of new luggage previously provided by the Department.
When providing new luggage to a child in foster care, the Department shall take into account the child’s:
age;
mobility;
personal items to be transported; and
preferences.
The Department may not use disposable bags or trash bags to transport any items of a child in foster care.
The Department shall maintain a record of each instance in which a disposable bag or trash bag is used to move the personal belongings of a child in foster care.
The record required under paragraph (2) of this subsection shall include the reason the Department did not provide the child with new luggage to move the child’s personal belongings.
The Department may solicit and accept gifts, grants, and donations of any kind and from any source to carry out the provisions of this section.
On or before December 1 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information:
the number of instances in which a disposable bag or trash bag was used to transport the personal belongings of a child in foster care and the reason the Department failed to provide the child in foster care with new luggage; and
the Department’s supply inventory and inventory management procedures for the new luggage supply maintained under subsection (b) of this section.
The General Assembly intends that:
all children whose care is the responsibility of this State shall have similar protection in terms of health, safety, and quality of care; and
the rules and regulations of agencies that are charged with child care shall be comparable.
In addition to other regulations adopted under this title, the Department may adopt regulations to carry out §§ 5-507, 5-508, 5-509, and 5-509.1 of this subtitle, which relate to the licensing of child placement agencies, child care homes, child care institutions, and residential educational facilities.
By regulation, the Department may delegate authority to child placement agencies to issue licenses or approve applicants for licenses under this subtitle.
Any regulation adopted by the Department under this subsection shall provide for an appeal to an administrative appellate authority from a decision of a child placement agency.
A child placement agency, child care home, child care institution, or residential educational facility may not be required to obtain a license from more than one State agency.
Any State agency authorized to license child placement agencies, child care homes, child care institutions, or residential educational facilities may make cooperative arrangements with any other State agency to give effect to paragraph (1) of this subsection.
The Department shall cooperate in planning and determining the cost of developing and implementing a system of evaluating the success of services to children in out–of–home placement.
Except as otherwise provided in this section, a person shall be licensed by the Administration as a child placement agency before the person may engage in the placement of minor children in homes or with individuals.
A license is not required:
for a person to place a child with an individual related to the child by blood or marriage within 4 degrees of consanguinity or affinity under the civil law rule;
except as provided in § 5-3B-12 of this title, for a parent or grandparent of a child to place the child directly, without the intervention of any other person except the recipient of the child; or
for a lawyer to prepare pleadings necessary to accomplish the adoption of a child or to perform any other function associated with the normal practice of law.
Except as otherwise provided in this section, a person shall be licensed by the Administration as a child care institution before the person may operate an institution for the care, custody, or control of a minor child.
This section does not apply:
to an institution or facility that is operated by an agency of this State or any political subdivision of this State;
to a child care home that has a license under this subtitle or under § 9–235 of the Human Services Article; or
to an institution that accepts only children placed by the Maryland Department of Health or the Department of Juvenile Services.
Except as otherwise provided in subsection (b) of this section and subject to subsection (c) of this section, on or after January 1, 2000, a person shall be licensed by the Administration before the person may operate a residential educational facility.
This section does not apply:
to a child care home that has a license under this subtitle or under § 9–235 of the Human Services Article;
to a child care institution that has a license under this subtitle or under § 9–236 of the Human Services Article; or
to an institution that accepts only children placed by the Maryland Department of Health or the Department of Juvenile Services.
This section does not affect any requirement that a residential educational facility obtain a certificate of approval from the State Board of Education for its educational program.
To apply for a license under this subtitle, an applicant shall submit an application to the Administration on the form that the Administration requires.
Before any license may be issued under this subtitle to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the Administration:
a certificate of compliance with the Maryland Workers’ Compensation Act; or
the number of a workers’ compensation insurance policy or binder.
If the other state extends the same recognition and reciprocal relations to licensees under this subtitle, the Administration may recognize and deal with a person licensed or recognized by any other state as being authorized to exercise care, custody, or control of minor children or to engage in the placement of minor children.
Within 60 days after it receives the application, the Administration shall issue or deny a license under this subtitle and give notice of the action to the applicant.
A license issued under this subtitle is effective until the license is revoked or suspended under § 5-515 of this subtitle.
Subject to the hearing provisions of § 5-516 of this subtitle, if a licensee violates any provision of this subtitle or of a rule or regulation adopted under this subtitle, the Administration may:
suspend the license for a period not exceeding 1 year; or
revoke the license.
The Administration may not suspend or revoke a license under this subtitle unless the Administration gives to the licensee:
notice of the suspension or revocation at least 20 days before the suspension or revocation;
a statement of the grounds for the suspension or revocation; and
an opportunity to be heard.
A person authorized to make a placement who is aggrieved by a decision of a child placement agency that has a delegated authority to issue or approve a license under this subtitle may appeal the decision to the administrative appellate authority designated by regulation.
A person aggrieved by a final decision of the highest administrative appellate authority in a contested case may take any further appeal as allowed by the Administrative Procedure Act.
If a further appeal is taken under this section:
any criminal prosecution of the person for carrying on without a license an activity for which the person must be licensed under this subtitle shall be stayed pending the appeal;
any injunction against the person for carrying on without a license an activity for which the person must be licensed under this subtitle shall be stayed pending the appeal; and
the court has discretion as to the care, custody, or control of any child whose care, custody, or control is the responsibility of the person.
In connection with the issuance, suspension, or revocation of a license under this subtitle, the Administration may investigate the policies, purposes, premises, and facilities of a licensee or an applicant for a license.
The Director of the Administration may petition an equity court to enjoin the activities and operations of a person who seeks to carry on, without a license, the activities for which the person must be licensed under this subtitle. The petition shall be filed in the circuit court for the county in which the person is located or has a place of business.
In placing a minor child for adoption or in giving the care, custody, or control of a minor child to any person, a licensee shall give preference to persons of the same religious belief as that of the child or the child’s parents unless the parents specifically indicate a different choice.
A person authorized to place a minor child for adoption shall compile and make available to an adoptive parent a pertinent medical history of the child’s natural parents, if possible.
A medical history compiled under this section may not disclose or permit disclosure of the names or identity of a child’s natural parents.
A person who, in violation of any provision of this Part II of this subtitle, exercises care, custody, or control of a minor child unrelated by blood or marriage or makes a placement of a minor child unrelated by blood or marriage is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year.
The Administration shall provide child welfare services to a child and the child’s parent or guardian:
to assist in preventing the necessity of placing the child outside of the child’s home;
to reunite the child with the child’s parent or guardian after the child has been placed in foster care; or
if the child has been placed in foster care and cannot return to the child’s parent or guardian, to develop and implement an alternative permanent plan for the child.
In this section the following words have the meanings indicated.
“Disability” means:
a physical or mental impairment that substantially limits one or more of an individual’s major life activities;
a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or
being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
“Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.
“Semi–independent living arrangement” means a subsidized living arrangement for youth receiving youth transitional services in an apartment, a boarder arrangement, a college dorm, or other living arrangement approved by a local department.
“Semi–independent living arrangement” does not include an arrangement for housing in a transient or an emergency–type facility, including a rescue mission, a nonresidential hotel or motel, an adult shelter, or a tourist home.
“Unlicensed setting” means a setting for an out–of–home placement that is not licensed by a State licensing entity for custody, placement, welfare, and housing of children.
“Unlicensed setting” includes:
a hotel, motel, or short–term rental;
a shelter designated to meet the needs of a child who has run away or who is homeless; and
an office building or other nonresidential environment.
“Unlicensed setting” does not include:
the voluntary placement of a former CINA;
a semi–independent living arrangement; or
the placement of a child with:
an individual who is a kinship caregiver or foster parent or who is in the process of applying to be a kinship caregiver or foster parent; or
a parent, including in a family–based residential treatment setting.
The Administration shall establish a program of out–of–home placement for minor children:
who are placed in the custody of a local department, for a period of not more than 180 days, by a parent or legal guardian under a voluntary placement agreement;
who are abused, abandoned, neglected, or dependent, if a juvenile court:
has determined that continued residence in the child’s home is contrary to the child’s welfare; and
has committed the child to the custody or guardianship of a local department; or
who, with the approval of the Administration, are placed in an out–of–home placement by a local department under a voluntary placement agreement subject to paragraph (2) of this subsection.
A local department may not seek legal guardianship or custody of a child under a voluntary placement agreement if the child has a developmental disability or a mental illness and the purpose of the voluntary placement agreement is to obtain treatment or care related to the child’s disability that the parent is unable to provide.
A child described in subparagraph (i) of this paragraph may remain in an out–of–home placement, including a residential placement, under a voluntary placement agreement for more than 180 days if the child’s disability necessitates care or treatment in the out–of–home placement and a juvenile court makes a finding that continuation of the placement is in the best interests of the child.
Each local department shall designate, from existing staff, a staff person to administer requests for voluntary placement agreements for children with developmental disabilities or mental illnesses.
If a local department receives a request for a voluntary placement agreement, the local department shall:
within 5 business days after receiving the request, schedule an assessment meeting with the child’s family and treating provider; and
within 5 business days after the assessment meeting, issue a written eligibility determination to the child’s family and referring provider.
Each local department shall report any delay in assessing the child and providing an eligibility determination as required under subparagraph (iv) of this paragraph to the Administration, including reasons for the delay and corrective actions taken by the local department.
Nothing in this subparagraph may be interpreted to prevent a local care team from providing the child and family with alternative or interim services.
Each local department shall report annually to the Administration on the number of requests for voluntary placement agreements for children with developmental disabilities or mental illnesses that have been received, the outcome of each request, and the reason for each denial.
The Administration shall establish a program of out–of–home placement for former CINAs:
whose commitment to a local department was rescinded after the individuals reached the age of 18 years but before the individuals reached the age of 20 years and 6 months; and
who did not exit foster care due to reunification, adoption, guardianship, marriage, or uniformed services duty.
The Administration shall adopt regulations that include eligibility requirements in accordance with federal law and regulations for providing assistance to individuals at least 18 years old.
A local department may not seek legal custody of a former CINA under a voluntary placement agreement.
A former CINA described in subparagraph (i) of this paragraph may remain in an out–of–home placement under a voluntary placement agreement for more than 180 days if the former CINA continues to comply with the voluntary placement agreement and a juvenile court makes a finding that the continuation of the placement is in the best interests of the former CINA.
A local department shall advise a child, in writing, before emancipation of the right to reenter care and the procedures for reentering care under this paragraph.
If a local department has knowledge that a former CINA described in subparagraph (i) of this paragraph is homeless, as defined in 42 U.S.C. § 11434a, including by obtaining information regarding the former CINA’s homelessness in an application for public assistance or through contact between the former CINA and a caseworker, the local department shall contact the former CINA and advise the former CINA of the right to reenter care and procedures for reentering care under this paragraph.
Except as provided in paragraph (2) of this subsection, in establishing the out–of–home placement program the Administration shall:
provide time–limited family reunification services to a child placed in an out–of–home placement and to the parents or guardian of the child, in order to facilitate the child’s safe and appropriate reunification within a timely manner;
concurrently develop and implement a permanency plan that is in the best interests of the child; and
in consultation with the Maryland Department of Health, provide training on an annual basis for the staff at each local department who administer requests for voluntary placement agreements for children with developmental disabilities or mental illnesses under subsection (b) of this section, including training on:
timeline and procedural compliance;
trauma–informed family engagement; and
interagency coordination.
The out–of–home placement program established by the Administration shall prohibit the use of an unlicensed setting for a child.
The local department shall provide 24–hour a day care and supportive services for a child who is committed to its custody or guardianship in an out–of–home placement on a short–term basis or placed in accordance with a voluntary placement agreement.
A child may not be committed to the custody or guardianship of a local department and placed in an out–of–home placement solely because the child’s parent or guardian lacks shelter or has a disability or solely because the child’s parents are financially unable to provide treatment or care for a child with a developmental disability or mental illness.
The local department shall make appropriate referrals to emergency shelter services and other services for the homeless family with a child which lacks shelter.
Unless a court orders that reasonable efforts are not required under § 3–812 of the Courts Article or § 5–323 of this title, reasonable efforts shall be made to preserve and reunify families:
prior to the placement of a child in an out–of–home placement, to prevent or eliminate the need for removing the child from the child’s home; and
to make it possible for a child to safely return to the child’s home.
In determining the reasonable efforts to be made and in making the reasonable efforts described under paragraph (1) of this subsection:
a child’s parent or legal guardian need not exhaust all home– and community–based services; and
the child’s safety and health shall be the primary concern.
Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with the reasonable efforts described under paragraph (1) of this subsection.
If continuation of reasonable efforts to reunify the child with the child’s parents or guardian is determined to be inconsistent with the permanency plan for the child:
reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, including consideration of both in–State and out–of–state placements, and to complete the steps to finalize the permanent placement of the child; and
in a case in which the parent of the child is receiving treatment in a residential substance use disorder treatment program with beds or services for patients’ children and the child is in the presence of the child’s parent for the duration of the child’s parent’s treatment, the local department shall file a report with the court that explains:
why the child was not placed with the parent;
any efforts the local department has made toward placement of the child; and
any difficulties with placing the child with the parent.
In developing a permanency plan for a child in an out–of–home placement, the local department shall give primary consideration to the best interests of the child, including consideration of both in–State and out–of–state placements. The local department shall consider the following factors in determining the permanency plan that is in the best interests of the child:
the child’s ability to be safe and healthy in the home of the child’s parent;
the child’s attachment and emotional ties to the child’s natural parents and siblings;
the child’s emotional attachment to the child’s current caregiver and the caregiver’s family;
the length of time the child has resided with the current caregiver;
the potential emotional, developmental, and educational harm to the child if moved from the child’s current placement; and
the potential harm to the child by remaining in State custody for an excessive period of time.
To the extent consistent with the best interests of the child in an out–of–home placement, the local department shall consider the following permanency plans, in descending order of priority:
returning the child to the child’s parent or guardian, unless the local department is the guardian;
placing the child with relatives to whom adoption, custody and guardianship, or care and custody, in descending order of priority, are planned to be granted;
adoption in the following descending order of priority:
by a current foster parent with whom the child has resided continually for at least the 12 months prior to developing the permanency plan or for a sufficient length of time to have established positive relationships and family ties; or
by another approved adoptive family; or
for a child at least 16 years old, another planned permanent living arrangement that:
addresses the individualized needs of the child, including the child’s educational plan, emotional stability, physical placement, and socialization needs; and
includes goals that promote the continuity of relations with individuals who will fill a lasting and significant role in the child’s life.
Subject to paragraphs (1) and (2) of this subsection and to the extent consistent with the best interests of a child in an out–of–home placement, in determining a permanency plan, the local department shall consider the following in descending order of priority:
placement of the child in the local jurisdiction where the child’s parent or guardian resides; or
if the local department finds, based on a compelling reason, that placement of the child as described in item (i) of this paragraph is not in the best interest of the child, placement of the child in another jurisdiction in the State after considering:
the availability of resources to provide necessary services to the child;
the accessibility to family treatment, if appropriate; and
the effect on the local school system.
The local department shall:
prepare the permanency plan in writing within 60 days of the date the child comes into care;
if the child is under the jurisdiction of the juvenile court, furnish the plan to the child’s parents, the child or the child’s counsel, and to the juvenile court; and
maintain the plan in the agency’s case record.
The local department shall amend the plan promptly as necessary in light of the child’s situation and any court orders which affect the child.
Unless a child has received a review from the local board of review of foster care under § 5–544 of this subtitle, the local department shall perform an administrative review every 6 months to determine the success of the efforts to meet the goals set out in the permanency plan or the agreement with the parents or guardians in voluntary placements.
Foster parents who wish to adopt a foster child in their care and who wish to contest the agency’s decision to place the child with another adoptive family may, within 30 days from the removal of the child, file with the agency a request for a hearing.
Within 10 days after receipt of a request for a hearing under paragraph (1) of this subsection, the agency shall notify the Office of Administrative Hearings, which shall hold the hearing and issue a decision within 45 days of the receipt of the request.
The Administration shall adopt regulations that:
establish goals and specify permanency planning procedures that:
maximize the prospect for reducing length of stay in out–of–home placement in the best interests of children; and
implement the intent of this section;
prohibit a local department from seeking the custody or guardianship of a child for placement in foster care solely because the child’s parent or guardian lacks shelter or has a disability or solely because the child’s parents are financially unable to provide treatment or care for a child with a developmental disability or mental illness;
specify the compelling reasons for placing a child in a local jurisdiction other than the local jurisdiction where the child’s parent or guardian resides, under subsection (f)(3)(ii) of this section;
require the local department to make appropriate referrals to emergency shelter and other services for families with children who lack shelter;
establish criteria for investigating and approving foster homes, including requirements for window coverings in accordance with § 5–505 of this subtitle;
for cases in which the permanency plan recommended by the local department or under consideration by the court includes appointment of a guardian and rescission of the local department’s custody or guardianship of a child:
establish criteria for investigating and determining the suitability of prospective relative or nonrelative guardians; and
require the filing of a report with the court as provided in § 3–819.2 of the Courts Article; and
ensure that all children in foster care who are at least 18 years of age have a birth certificate, a Social Security card, health insurance information, medical records, and a driver’s license or State–issued identification card at emancipation.
At least one time each year, the Administration shall provide to a child in an out–of–home placement who is at least 13 years old information regarding benefits available to the child on leaving out–of–home care.
The information provided under paragraph (1) of this subsection shall include information regarding tuition assistance, health care benefits, housing, job training and internship opportunities, and the right to reenter care and procedures for reentering care under subsection (b)(3) of this section.
The Administration may provide to the child the information required under paragraph (1) of this subsection:
at a permanency planning hearing or review hearing held in accordance with § 3–823 of the Courts Article; or
by certified mail.
The Department shall develop a Foster Youth Bill of Rights delineating the rights of children in out–of–home placements.
At least one time each year, the Administration shall provide to each child in an out–of–home placement who is at least 13 years old a copy of the Foster Youth Bill of Rights developed under paragraph (1) of this subsection.
A parent or legal guardian who enters into a voluntary placement agreement under this section retains all legal and educational decision–making rights, unless otherwise agreed.
A local department may not require a parent or legal guardian to relinquish custody or guardianship of a child to access services.
A local department shall notify the parent or legal guardian of a child subject to a voluntary placement agreement of the right to petition the court for a modification of an existing child support obligation.
Except as provided in subsubparagraph 2 of this subparagraph, the Administration may not refer a child’s case to the Child Support Administration if the child’s family enters into a voluntary placement agreement under this section.
The Administration may refer the case of a child whose family has entered into a voluntary placement agreement under this section to the Child Support Administration if a child support order will not adversely affect the child or impede the completion of the child’s permanency plan.
The court may not order the payment of child support by the parent or guardian of a child placed in out–of–home placement by a local department in accordance with a voluntary placement agreement under this section if a child support order will adversely affect the child or impede the completion of the child’s permanency plan.
The State may not accept an assignment of the right to child support for a child placed in an out–of–home placement by a local department in accordance with a voluntary placement agreement under this section if the Administration determines that the assignment of an existing support obligation to the State will adversely affect the child or impede the completion of the child’s permanency plan.
The local behavioral health authority shall be notified of a child with special needs who is the subject of a voluntary placement agreement request for psychiatric residential treatment and who is eligible to receive medical assistance.
Nothing in this subsection may be interpreted to prevent a local care team from providing the child and family with alternative or interim services.
On or before July 1, 2027, and each July 1 thereafter, each local department shall report to the Department:
the number of voluntary placement agreement requests received in the preceding year;
the average time it took for the local department to make a determination and placement;
the number of requests that were denied and the reasons for the denials; and
the average length of a hospital stay for a child awaiting a placement.
On or before December 1, 2027, and each December 1 thereafter, the Department shall publish on its website aggregated statewide data compiled from the local department reports under paragraph (1) of this subsection.
If a child placement agency to which a child is committed under § 5-525 of this subtitle determines that adoption of the child is in the best interest of the child, the child placement agency shall refer the case to the agency attorney within 60 days of the determination and the agency attorney shall file a petition for termination of the natural parent’s rights with the court within 60 days of receipt of the referral.
Except as provided in paragraph (3) of this subsection, a local department to which a child is committed under § 5-525 of this subtitle shall file a petition for termination of parental rights or join a termination of parental rights action that has been filed if:
the child has been in an out-of-home placement for 15 of the most recent 22 months;
a court finds that the child is an abandoned infant; or
a court finds that the parent has been convicted, in any state or any court of the United States, of:
a crime of violence against:
a minor offspring of the parent;
the child; or
another parent of the child; or
aiding or abetting, conspiring, or soliciting to commit a crime described in item 1 of this item.
For purposes of this subsection, a child shall be considered to have entered an out-of-home placement 30 days after the child is placed into an out-of-home placement.
A local department is not required to file a petition or join an action if:
the child is being cared for by a relative;
the local department has documented in the case plan, which shall be available for court review, a compelling reason why termination of parental rights would not be in the child’s best interests; or
the local department has not provided services to the family consistent with the time period in the local department’s case plan that the local department considers necessary for the safe return of the child to the child’s home.
If a petition is filed under subsection (b) of this section, the local department shall identify, recruit, process, and seek to approve a qualified family for adoption, guardianship, or other permanent placement.
This section may not be construed to:
prohibit the filing of a petition at an earlier date or under other appropriate circumstances; or
require a local department to file a petition or, except as otherwise provided by law, require expedited termination of parental rights for a child in kinship care.
In this section the following words have the meanings indicated.
“Sibling” means a brother or sister of the whole or half blood or by adoption.
“Treatment foster care home” means an out–of–home placement facility that is part of a program designed and implemented by a child placement agency to provide intensive casework and treatment in a family setting to children with special physical, emotional, or behavioral needs.
A local department shall place together siblings who are in an out–of–home placement under § 5–525 of this subtitle if:
it is in the best interests of the siblings to be placed together; and
placement of the siblings together does not conflict with a specific health or safety regulation.
If placement of the siblings together conflicts with a specific health or safety regulation, the local department may place the siblings together if the local department makes a written finding describing how placement of the siblings together serves the best interests of the siblings.
Notwithstanding any other provision of law, in order to place siblings together the local department may place more than two children who require treatment in an eligible treatment foster care home if:
the local department makes a written finding explaining why placement of the siblings together:
is in the best interests of the siblings; and
will not harm other children placed at the same treatment foster care home; and
the local department notifies the Administration of the placement.
Any siblings who are separated due to a foster care or adoptive placement may petition a court, including a juvenile court with jurisdiction over one or more of the siblings, for reasonable sibling visitation rights.
If a petitioner under this subsection petitions a court to issue a visitation decree or to amend an order, the court:
may hold a hearing to determine whether visitation is in the best interest of the children;
shall weigh the relative interests of each child and base its decision on the best interests of the children promoting the greatest welfare and least harm to the children; and
may issue an appropriate order or decree.
Subject to subsection (b) of this section, an individual enrolled in an accredited institution of higher education or a residential vocational training program may return to an out–of–home placement provider with whom the individual was previously placed if:
the individual is unable to remain on the institution’s or training program’s campus due to a scheduled break, a temporary closure of the institution or training program, or a temporary leave of absence;
the individual’s living arrangement is mutually agreed to by the individual, the out–of–home placement provider, and the provider agency; and
the Department has reviewed and approved the individual’s request to return to the out–of–home placement provider.
To return to an out–of–home placement provider with whom an individual was previously placed during a scheduled break of an institution of higher education or a residential vocational training program, the individual shall make a request to a local department to return to the out–of–home placement provider at least 30 days before the scheduled break.
A local department shall make a recommendation to the Department regarding a request made under paragraph (1) of this subsection not later than 21 days before the scheduled break.
If a local department recommends approving an individual’s request to return to an out–of–home placement provider during a scheduled break, the Department shall make a determination regarding the local department’s recommendation not later than 14 days before the scheduled break.
The Department shall provide for the care, diagnosis, training, education, and rehabilitation of children by placing them in group homes and institutions that are operated by for-profit or nonprofit charitable corporations.
Any group home utilized under the provisions of this section shall comply with the provisions of §§ 5-507 through 5-509 of this subtitle and § 7-309 of the Education Article.
The department that licenses the group home shall notify any group home utilized under the provisions of this section of the requirements of § 7-309 of the Education Article.
The Department shall reimburse these corporations for the cost of these services at appropriate monthly rates that the Department determines, as provided in the State budget.
The reimbursement rate may differ between homes and institutions that provide intermediate services, as defined by the Department, and homes and institutions that provide full services.
The Department, or the Department’s designee, may not place a child in a residential group home or other facility that is not operating in compliance with applicable State licensing laws.
The Department shall adopt rules and regulations that establish eligibility guidelines for payment for foster care for 1 or more classes of children, including children who are in need of special care.
For a child who does not need special care, the Department shall pay for foster care in a single family home at a monthly rate that is not less than 55% of the monthly rate provided in subsection (c) of this section for a child who requires the most demanding special care in a single family home.
The monthly rate shall include increments based on the age of the child.
The Department shall pay for foster care for a child who needs the most demanding special care in a single family home at a monthly rate that is not less than the higher of:
the rate that the Department paid in fiscal year 1975; and
the rate that the Department of Juvenile Services pays for the current fiscal year.
This section applies to children committed to the custody of the Department.
When applying for benefits under this section for a child in the Department’s custody, the Department shall, in cooperation with the child’s attorney, identify a representative payee or fiduciary in accordance with the requirements of 20 C.F.R. §§ 404.2021 and 416.621.
Consistent with federal law, when the Department serves as the representative payee or in any other fiduciary capacity for a child receiving Veterans Administration benefits, Supplemental Security Income, or Social Security benefits, the Department shall:
use or conserve the benefits in the child’s best interest, including using the benefits for services for special needs not otherwise provided by the Department or conserving the benefits for the child’s reasonably foreseeable future needs;
ensure that when the child attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the child’s benefits are not used to reimburse the State for the costs of care for the child and are used or conserved in accordance with items (3) and (4) of this subsection, as follows:
from age 14 through age 15, at least 40%;
from age 16 through age 17, at least 80%; and
from age 18 through age 20, 100%;
for the child’s benefits or resources that are below or not subject to any federal asset or resource limit, exercise discretion in accordance with federal law and in the best interest of the child to conserve the funds or use the funds for services for special needs not otherwise provided by the Department, including choosing one or more of the options listed under item (4) of this subsection;
appropriately monitor any federal asset or resource limits for the benefits and ensure that the child’s best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the child’s eligibility to receive the benefits, including:
applying to the Social Security Administration to establish a Plan for Achieving Self–Support (PASS) account for the child under the Social Security Act and determining whether it is in the best interest of the child to conserve all or part of the benefits in the PASS account;
establishing a 529A plan for the child and conserving the child’s benefits in that account in a manner that appropriately avoids any federal asset or resource limits;
establishing an individual development account for the child and conserving the child’s benefits in that account in a manner that appropriately avoids any federal asset or resource limits;
establishing a special needs trust for the child and conserving the child’s benefits in the trust in a manner that is consistent with federal requirements for special needs trusts and that appropriately avoids any federal asset or resource limits;
if the Department determines that using the benefits for services for current special needs not already provided by the Department is in the best interests of the child, using the benefits for those services;
if federal law requires certain back payments of benefits to be placed in a dedicated account, complying with the requirements for dedicated accounts under 20 C.F.R. § 416.640(e); and
applying any other exclusions from federal asset or resource limits available under federal law and using or conserving the child’s benefits in a manner that appropriately avoids any federal asset or resource limits;
provide an annual accounting to the child and the child’s attorney of how the child’s resources, including Veterans Administration benefits, Supplemental Security Income, and Social Security benefits, have been used or conserved in accordance with this section; and
provide the child with financial literacy training when the child has attained the age of 14 years.
The Department shall immediately notify the child through the child’s attorney of:
any application for Veterans Administration benefits, Supplemental Security Income, or Social Security benefits made on the child’s behalf or any application to become representative payee for those benefits on the child’s behalf;
any decisions or communications from the Veterans Administration or the Social Security Administration regarding an application for benefits described under item (i) of this paragraph; and
any appeal or other action requested by the Department regarding an application for benefits described under item (i) of this paragraph.
When the Department serves as the representative payee or otherwise receives Veterans Administration benefits, Supplemental Security Income, or Social Security benefits on the child’s behalf, the Department shall provide notice to the child through the child’s attorney of the following before each juvenile court hearing regarding the child:
the dates and the amount of benefit funds received on the child’s behalf since any prior notification to the child’s attorney; and
information regarding all the child’s assets and resources, including the child’s benefits, insurance, cash assets, trust accounts, earnings, and other resources.
This section may not be construed to affect any additional notice required by a State court.
If the costs are not reimbursable under the Maryland Medical Assistance Program, the Department shall reimburse a foster care provider for payment of the following medical costs for a child under foster care:
prescription drugs;
nonprescription drugs that are recommended by a physician;
replacement of eyeglasses; and
any other service that was covered by regulations under the Maryland Medical Assistance Program on December 31, 1975.
In this section, “foster parent” includes an individual who cares for a minor child on an emergency basis under a shelter care program.
The Administration shall provide liability insurance for foster parents who care for children under foster parent programs.
The liability insurance shall provide coverage for:
bodily injury and property damage that a foster child causes to a person or the property of a person other than a foster parent; and
actions against a foster parent by a natural parent for any accident to the child.
The Administration may establish a reasonable deductible limit.
Subject to the provisions of this section, the Secretary of Human Services shall reimburse a foster parent for costs of bodily injury or property damage that the child causes to the foster parent and that insurance does not cover.
Before reimbursement under this subsection, the Secretary of Human Services shall be satisfied that the actions of the foster parent did not contribute substantially to the bodily injury or property damage sustained.
Reimbursement under this subsection shall be made for all costs to a maximum amount of $5,000. However, all payments in excess of $2,000 require the approval of the Board of Public Works.
The Department may contribute to the support of a child formerly under foster care after the child is adopted.
The support may include payment for:
maintenance costs;
medical, dental, and surgical expenses;
psychiatric and psychological expenses; and
any other cost necessary for the child’s care and well-being.
The amount and duration of the support may vary according to the needs of the child and the income of the adoptive parents.
A local department may pay reasonable funeral expenses, not exceeding $650, for a child who was receiving foster care under this subtitle, if:
no individual who was legally responsible for the support of the child is able to pay; and
other resources, including insurance benefits or the child’s estate, are insufficient.
The cost of funeral expenses shall be charged to State funds.
The Administration shall adopt rules and regulations to carry out the child welfare services and foster care programs under this subtitle.
The regulations shall authorize the Administration to:
conduct a background check of child support arrearages on an applicant for foster home approval who is also a biological or adoptive parent;
consider any child support arrearage in determining whether to approve or disapprove the application; and
notify the appropriate criminal or juvenile delinquency court if the Administration has information indicating that the child’s interests as a victim are not adequately protected in a case before the court.
In this section, “residential facility for children” means a public or private facility that provides shelter for minors for more than 30 consecutive days in an out-of-home placement.
“Residential facility for children” includes:
a child care institution or child care home licensed under this title;
a group home, runaway home, residential treatment program, or independent living program;
a State facility;
a certified drug abuse facility; or
a certified alcohol abuse facility.
“Residential facility for children” does not include:
a foster care home;
a hospital, hospice, or medical care facility; or
a regional institute for children and adolescents.
A residential facility for children shall maintain contracts or other agreements with appropriate health care providers to provide the following health care services for each child who resides in the facility for more than 30 consecutive days:
a physical examination and necessary medical treatment; and
appropriate mental health services.
Within 30 days after a child is placed in a residential facility for children the residential facility shall ensure that a health care provider:
conducts a physical examination of the child; and
provides a report on the findings of the examination to the residential facility for children where the child resides.
Upon the finding of a court of competent jurisdiction, a residential facility for children that violates this section shall be fined $25 per day per child for each day that the violation exists.
If a fine is imposed on a residential facility for children, the director or the administrator of the residential facility for children may be liable for payment of the fine.
In this section, “kinship caregiver” means an individual:
with whom a child who is in the care, custody, or guardianship of the local department may be placed for temporary or long–term care other than adoption; and
who is approved by the local department under subsection (e) of this section.
“Kinship caregiver” includes:
a kinship parent;
an individual who is related to the child through blood or marriage, adoption, tribal law or custom, or cultural custom or practice; and
an individual who is unrelated to the child but has a strong familial or other significant bond with the child, or is a person identified by the child’s parent.
The Secretary of Human Services shall establish and maintain a kinship care program.
In selecting a placement that is in the best interests of a child in need of out–of–home placement, in the absence of good cause to the contrary, the local department shall give preference to placement with a kinship caregiver.
The local department shall exhaust all reasonable resources to make proactive, thorough, and timely efforts to locate a kinship caregiver for initial placement of the child.
If the local department cannot locate a kinship caregiver at the time of the initial placement, then preference shall be given to a placement that most approximates a family in which the child’s special needs, if any, may be met, taking into account the following:
the proximity of the placement to the child’s home, extended family, or siblings;
the child’s culture or language continuity;
the child’s age; and
the child’s developmental and educational needs.
If a kinship caregiver is located subsequent to the placement of a child in a foster care setting, the local department shall, in the best interest of the child, place the child with the kinship caregiver.
A kinship caregiver may not be under the age of 18 years.
The local department shall approve an individual as a kinship caregiver if:
the individual is related to the child through blood or marriage, adoption, tribal law or custom, or cultural custom or practice;
the individual has a strong familial or other significant bond to the child or the child’s family or is a person identified by the child’s parent; and
placement with the individual is in the child’s best interest.
A prospective kinship caregiver shall provide to the local department any information the local department requests to enable the local department to determine whether the individual meets the criteria specified in paragraph (1) of this subsection.
The Administration shall adopt regulations and policies consistent with this section.
There is a State Citizens Review Board for Children.
The State Board consists of 11 members.
Of the 11 members:
1 shall be appointed by the Governor from the Governor’s staff;
3 shall be from the eighth judicial circuit, to be chosen by and from among the members of the local boards in the circuit; and
1 shall be from each of the remaining judicial circuits, to be chosen by and from among the members of the local boards in the respective circuits.
The term of a member is 2 years.
A member may not serve on the State Board beyond the completion of the term of the member on the local board.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
From among its members, the State Board shall elect a chair and a vice chair by majority vote.
The terms of the chair and vice chair are 2 years.
At the end of a term, the chair or vice chair continues to serve until a successor is elected.
The State Board shall meet not less than once every 3 months and more frequently on the call of the chair.
A member of the State Board:
may not receive compensation; but
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The State Board may employ a staff in accordance with the State budget.
The State Board may adopt policies and procedures that:
relate to the functions of the local boards; and
are consistent with the goals set forth in § 5–544 of this subtitle.
The State Board shall:
provide a training program for members of the local boards and local citizens review panels;
review and coordinate the activities of the local boards;
adopt policies and procedures that relate to reports and any other information that is required for any public or private agency or institution;
make recommendations to the Secretary of Human Services and the General Assembly regarding:
the response of the State to child abuse and neglect; and
out–of–home care policies, procedures, and practices; and
report to the Secretary of Human Services and, subject to § 2–1257 of the State Government Article, the General Assembly on the first day of each year on the status of children in out–of–home placement in this State.
In addition to any duties set forth elsewhere, the State Board shall, by examining the policies, procedures, and practices of State and local agencies and by reviewing, where appropriate, specific cases, evaluate the extent to which State and local agencies are effectively discharging their child protection responsibilities in accordance with:
the State plan under 42 U.S.C. § 5106a(b);
the child protection standards set forth in 42 U.S.C. § 5106a(b); and
any other criteria that the State Board considers important to ensure the protection of children, including:
a review of the extent to which the State child protective services system is coordinated with the foster care and adoption program established under Part E of Title IV of the Social Security Act; and
a review of child fatalities and near fatalities.
Case reviews conducted under subsection (a) of this section shall include questions designed to meet the quality assessment goals for casework services in § 5–1308 of this title.
The State Board shall tabulate and analyze the results of all case reviews conducted under subsection (a) of this section and submit the results and findings for consideration as part of the local department self–assessment process in § 5–1309 of this title.
The State Board shall tabulate and analyze the results of all case reviews, both on a jurisdictional and a statewide basis, and submit the results and findings to the Department on a quarterly basis.
The State Board shall:
provide for public outreach and comment; and
make available to the public systemic findings and recommendations of the State Board, the local citizen review panel, if any, and the local boards.
The State Board may:
by a majority vote of its members add up to four members with expertise in the prevention and treatment of child abuse and neglect for the purpose of performing its duties under this section; and
to assist the State Board in its reviews of specific cases, designate:
local teams composed of members of local boards of out–of–home care of children and staff; or
local citizens review panels established under § 5–539.2 of this subtitle.
In consultation with local citizens review panels and the State Council on Child Abuse and Neglect, the State Board shall develop protocols that govern the scope of activities of local citizens review panels to reflect the provisions of the federal Child Abuse Prevention and Treatment Act (42 U.S.C. § 5101 et seq.).
The State Board shall coordinate its activities under this section with the State Council on Child Abuse and Neglect, the State Child Fatality Review Team, local citizens review panels, and the local child fatality review teams in order to avoid unnecessary duplication of effort.
The State Board shall submit to the Secretary of Human Services and, subject to § 2–1257 of the State Government Article, the General Assembly on or before January 1 of each year and prepare and make available to the public a report containing a summary of its activities, findings, and recommendations under this section.
The State Board may combine the reports required under paragraph (1) of this subsection and § 5–539 of this subtitle.
Within 120 days after receiving the report from the State Board under § 5–539 of this subtitle or the report under subsection (g) of this section, the Secretary of Human Services shall send a written response to the State Board describing the actions to be taken by the Department in response to the recommendations of the State Board.
A local government may establish a local citizens review panel to assist and advise the State Board and the State Council on Child Abuse and Neglect.
Two or more counties may establish a multicounty local citizens review panel, in accordance with a memorandum of understanding executed by the governing bodies of each participating county.
Except as provided in subsection (c)(2) of this section, the members and chair of a local citizens review panel shall be appointed by the local governing body.
Membership on a local citizens review panel shall be representative of the local jurisdiction and include:
individuals with expertise in the prevention and treatment of child abuse and neglect, such as child advocates, volunteers of the court–appointed special advocate program, attorneys who represent children, parent and consumer representatives, law enforcement representatives, and health, human, and educational services professionals; and
one member from the local jurisdiction, who is appointed by the State Board and one who is appointed by the State Council on Child Abuse and Neglect.
The term of a member is 4 years.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A local panel shall:
evaluate the extent to which State and local agencies in that jurisdiction are effectively fulfilling their responsibilities in accordance with the child protection standards and the State plan under 42 U.S.C. § 5106a(b) and any other criteria that the panel considers important for the protection of children;
issue reports on its findings to the State Board and the State Council on Child Abuse and Neglect; and
carry out case reviews and other duties as requested to assist the State Board and the State Council on Child Abuse and Neglect.
The members of the State Board and the Board’s designees and staff:
may not disclose to any person or government official any identifying information about any specific child protection case about which the State Board is provided information; and
may make public other information unless prohibited by law.
In addition to any other penalties provided by law, the Secretary of Human Services may impose on any person who violates subsection (a) of this section a civil penalty not exceeding $500 for each violation.
Except as provided in subsection (b) of this section, there shall be at least 1 local board of review for minor children in out–of–home care in each county.
Instead of a local board in each county, 2 or more counties may agree to establish a single multicounty local board in accordance with a memorandum of understanding executed by the participating counties.
A local board consists of 7 members appointed by the Governor.
If a single multicounty local board is established for 2 or more counties, and if it is necessary that 1 or more of those counties have a greater number of members on the local board in order for the local board to have 7 members, the greater number of members shall be appointed from the counties that have the largest out–of–home care populations, in order of the size of the out–of–home care populations.
Each member of a local board shall be a resident of a county that is served by the local board.
Each member of a local board shall:
be a citizen who has demonstrated an interest in minor children through community service, professional experience, or similar activities; or
have a background in law, sociology, psychology, psychiatry, education, social work, or medicine.
The term of a member is 4 years.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
From among its members, each local board shall elect a chair by majority vote.
The term of the chair is 4 years.
A member of a local board or local panel may not receive compensation.
Each member of a local board or local panel is subject to the same standards of confidentiality as an employee of the Administration.
The goals of each local board are:
as to minor children who reside in out–of–home care under the jurisdiction of a local department, to conduct case reviews and individual child advocacy activities in accordance with those case reviews under the protocols established by the State Board;
in cooperation with other local boards, if any, in the county, to make recommendations regarding how the out–of–home care system may be improved;
to coordinate its findings and recommendations under item (2) of this section with a local citizens review panel serving the county;
to meet with the director of the local department and the judge in charge of the juvenile court in the county to discuss the board’s findings and recommendations; and
to assist the State Board in holding community forums as required in § 5–539.1 of this subtitle.
Each local board shall review children in out–of–home care in accordance with the regulations adopted by the State Board and the Secretary of Human Services.
The regulations adopted by the State Board and the Secretary of Human Services shall require that the local boards review cases based on priorities agreed upon by the Department and the State Board and stated in a memorandum of agreement.
Each local board shall report in writing to the juvenile court and the local department on each minor child whose case is reviewed by the local board.
In the report, the local board shall include, where applicable, the following findings and recommendations:
the applicability of provisions authorizing the waiver of reunification services in § 3–812 of the Courts Article;
the appropriateness of the termination of parental rights for a minor child, including the applicability of the requirements and exceptions described in § 5–525.1 of this subtitle;
agreement or disagreement with the permanency plan;
any reasonable efforts made toward the preservation of family relationships and connections;
the identification of barriers to achieve timely permanency;
whether the child is receiving appropriate services to achieve the stated permanency goal;
any reasonable efforts made towards a permanent placement and preparing the child for successful adulthood, if applicable;
the level of safety of current and planned living arrangements and the adequacy of the Department’s efforts to keep the child safe;
the appropriateness of the current living arrangement and agreement or disagreement with the local department’s placement plan;
the appropriateness of efforts to meet the child’s education and health care needs; and
any reasonable efforts made towards promoting the child’s relationship with individuals who will play a lasting, supportive role in the child’s life.
If the local board finds under subsection (c)(9) of this section that a child’s current living arrangement is not appropriate and the child is not placed in the jurisdiction of origin, the local board shall explain why the arrangement is inappropriate, including whether:
resources are not available to meet the child’s service needs;
family treatment services are not accessible;
distance is a barrier to family visitation; or
the local school system is not meeting the child’s educational needs.
If the local board disagrees under subsection (c)(9) of this section with the local department’s placement plan and the child would be placed outside the jurisdiction of origin, the local board shall explain why the plan is inappropriate, including whether:
resources are not available to meet the child’s service needs;
family treatment services are not accessible;
distance is a barrier to family visitation; or
the local school system is not meeting the child’s educational needs.
The State Board shall tabulate and analyze the results of the case reviews and submit the results and findings for consideration as part of the local department self–assessment process in § 5–1309 of this title.
The State Board shall tabulate and analyze results of case reviews, both on a jurisdictional and a statewide basis, and submit the results and findings to the Department on a quarterly basis.
A public or private agency or institution shall give to the State Board and local boards any information that the boards request to perform their duties.
This Part IV of this subtitle:
may not be construed to restrict or alter the authority of any public or private agency or institution that deals with out–of–home placement, adoption, or related matters; and
is related to and should be read in relation to Subtitle 13 of this title and §§ 5–524, 5–525, 5–525.1, and 5–534 of this subtitle.
In this Part V of this subtitle the following words have the meanings indicated.
“Authorized agency” means a State, county, or municipal government agency.
“Central Repository” means the Criminal Justice Information System Central Repository of the Department.
“Conviction” means a plea or verdict of guilty or a plea of nolo contendere.
“Criminal history records check” means a records check of the criminal history record information maintained by the Central Repository or the Federal Bureau of Investigation.
“Department” means the Department of Public Safety and Correctional Services.
“Employee” means a person that for compensation is employed to work in a facility identified in § 5–551 of this subtitle and who:
cares for or supervises children in the facility; or
has access to children who are cared for or supervised in the facility.
“Employee” includes:
a person who:
participates in a pool described in subsection (h)(2) of this section;
for compensation will be employed on a substitute or temporary basis to work in a facility identified in § 5–551(a)(1) or (2) of this subtitle; and
will care for or supervise children in the facility or will have access to children who are cared for or supervised in the facility; and
a contractor or subcontractor who will have direct, unsupervised, and uncontrolled access to children in a facility identified in § 5–551(a) of this subtitle.
“Employee” does not include any person employed to work for compensation by the Department of Juvenile Services.
“Employer” means an owner, operator, proprietor, or manager of a facility identified in § 5–551 of this subtitle who has frequent contact with children who are cared for or supervised in the facility.
For purposes of §§ 5–551(f), 5–554(1), 5–555(b) and (e), and 5–557 of this subtitle, “employer” includes a child care resource and referral center, an association of registered family child care providers, and an association of licensed child care centers to the extent that the center or association establishes and maintains a pool of individuals who are qualified to work as substitute or temporary employees in a facility identified in § 5–551(a)(1) or (2) of this subtitle.
“Employer” does not include a State or local agency responsible for the temporary or permanent placement of children in a facility identified in § 5–551 of this subtitle.
“Local department” has the meaning stated in § 1–101(h) of this article.
“Private entity” means a nongovernmental agency, organization, or employer.
“Secretary” means the Secretary of Public Safety and Correctional Services.
The following facilities shall require employees and employers to obtain a criminal history records check under this Part V of this subtitle:
a child care center required to be licensed under Title 9.5, Subtitle 4 of the Education Article;
a family child care home or large family child care home required to be registered under Title 9.5, Subtitle 3 of the Education Article;
a child care home required to be licensed under Title 9 of the Human Services Article;
a child care institution required to be licensed under this subtitle by an administration of the Department;
a child care institution required to be licensed under Title 9 of the Human Services Article;
a juvenile detention, correction, or treatment facility provided for in Title 9 of the Human Services Article;
a public school as defined in Title 1 of the Education Article;
a private or nonpublic school required to report annually to the State Board of Education under Title 2 of the Education Article;
a foster care family home or group facility as defined under this subtitle;
a recreation center or recreation program operated by the State, a local government, or a private entity primarily serving minors;
a day or residential camp, as defined in Title 10, Subtitle 16 of the Code of Maryland Regulations, primarily serving minors; or
a home health agency or residential service agency licensed by the Maryland Department of Health and authorized under Title 19 of the Health – General Article to provide home– or community–based health services for minors.
The following individuals shall obtain a criminal history records check under this Part V of this subtitle:
an individual who is seeking to adopt a child through a child placement agency;
an individual who is seeking to become a guardian through a local department;
an individual whom the juvenile court appoints as a guardian of a child;
an adult relative with whom a child, committed to a local department, is placed by the local department;
any adult known by a local department or the State Department of Education to be residing in:
a family child care home or large family child care home required to be registered under this title;
a home where informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided or will be provided to a child who does not reside there;
a home of an adult relative of a child with whom the child, committed to a local department, is placed by the local department;
a foster care home or child care home required to be approved under this title;
a home of an individual seeking to adopt a child through a child placement agency; or
a home of an individual seeking to become a guardian through a local department;
an individual who agrees to provide, or to continue providing, informal child care, as defined in child care subsidy regulations, adopted under Title 13A of the Code of Maryland Regulations;
if requested by a local department:
a parent or guardian of a child who is committed to the local department and is or has been placed in an out–of–home placement within the past year; and
any adult known by the local department to be residing in the home of the parent or guardian; and
an adult or an individual who is not a relative and who agrees to provide care as a result of a sudden unavailability of the child’s primary caretaker, including:
a neighbor;
a friend;
an acquaintance;
a community member; or
a colleague or coworker of the child’s primary caretaker.
An employer at a facility under subsection (a) of this section may require a volunteer at the facility to obtain a criminal history records check under this Part V of this subtitle.
A local department may require a volunteer of that department who works with children to obtain a criminal history records check under this Part V of this subtitle.
An employer at a facility not identified in subsection (a) of this section who employs individuals to work with children may require employees, including volunteers, to obtain a criminal history records check under this Part V of this subtitle.
An employer, as defined in § 5–550(h)(2) of this subtitle, shall require an employee, as defined in § 5–550(g)(2) of this subtitle, to obtain a criminal history records check under this Part V of this subtitle.
Except as provided in paragraph (2) of this subsection, a person who is required to have a criminal history records check under this Part V of this subtitle shall pay for:
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check;
reasonable administrative costs to the Department, not to exceed 10% of the processing fee; and
the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.
A volunteer under subsection (c), (d), or (e) of this section who volunteers for a program that is registered with the Maryland Mentoring Partnership is required to pay only the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
An employer or other party may pay for the costs borne by the employee or other individual under subsection (g) of this section.
The local department shall reimburse:
an adult residing in a foster care home for the costs borne by the individual under subsection (g) of this section; and
an individual described in subsection (b)(7)(ii) of this section for the costs borne by the individual under subsection (g) of this section.
On or before the 1st day of actual employment of an employee, a facility identified in § 5–551 of this subtitle shall apply to the Department for a national and State criminal history records check for an employee.
On or before the 1st day of actual operation of a facility identified in § 5–551 of this subtitle, an employer shall apply to the Department for a national and State criminal history records check.
Before an individual may be approved to provide or to continue providing informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations, the individual shall apply to the Department for a national and State criminal history records check.
Within 5 days after a local department places a child who is committed to the local department with an adult relative, an individual identified in § 5–551(b) or (d) of this subtitle shall apply to the Department for a national and State criminal history records check.
The employee, employer, and individual identified in § 5–551(b), (c), (d), or (e) of this subtitle shall complete and sign a sworn statement or affirmation disclosing the existence of a criminal conviction, probation before judgment disposition, not criminally responsible disposition, or pending criminal charges without a final disposition.
The Department shall adopt regulations requiring:
employers to verify periodically the continuing employment of an employee and the continuing assignment of a volunteer;
State or local agencies that license, register, approve, or certify any of the facilities identified in § 5–551(a) of this subtitle to verify periodically the continuing licensure, registration, approval, or certification of a facility or the continuing assignment of individuals identified in § 5–551(d) of this subtitle; and
child placement agencies that place a child as described in § 5–551(b) of this subtitle to verify periodically the continuing participation or presence of individuals identified in § 5–551(b) of this subtitle.
The State Department of Education shall conduct a cross–reference check, including cross–referencing the individual and the individual’s address, with the central registry of registrants transmitted weekly by the Department under § 11–713 of the Criminal Procedure Article, of:
an employee, employer, or individual identified in § 5–551(a)(1) or (2) or (b)(5)(i) of this subtitle; and
an individual who provides or agrees to provide informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations.
The Department shall conduct the criminal history records checks required under this Part V of this subtitle.
The facilities identified in § 5–551(a) of this subtitle shall apply to the Central Repository for a national and State criminal history records check for each employee, employer, individual, or volunteer.
As part of an application for a criminal history records check, a facility identified in § 5–551(a) of this subtitle shall submit to the Central Repository:
a legible set of the employee’s, employer’s, individual’s, or volunteer’s fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward the employee’s, employer’s, individual’s, or volunteer’s:
State criminal history record information to the employee, employer, individual, or volunteer; and
national criminal history record information to the authorized agencies required to license, register, approve, or certify the facility identified in § 5–551(a) of this subtitle.
The Department shall update an initial criminal history records check for an employee, employer, or individual identified in § 5–551(b), (c), (d), or (e) of this subtitle and issue an updated records check in accordance with this subsection.
The Department shall provide an applicant’s initial and updated State criminal history record to:
the recipients of the State criminal history record specified in subsection (e) of this section; and
the State Department of Education if the applicant is:
an employee of or an adult resident in a child care center that is required to be licensed or to hold a letter of compliance under Title 9.5, Subtitle 4 of the Education Article;
an employee of or an adult resident in a family child care home or large family child care home that is required to be registered under Title 9.5, Subtitle 3 of the Education Article; or
an individual who provides or agrees to provide informal child care or an adult who resides in a home where informal child care is being provided or will be provided to a child who does not reside there.
Except as provided in paragraph (2) of this subsection, on receiving a written request from an employee, the Department shall disseminate the national and State criminal history records check to authorized agencies if the criminal history records check was completed during the prior 180 days.
On receiving a written request from a student teacher employed under § 6–107 of the Education Article, the Department shall disseminate the national and State criminal history records check to authorized agencies if the criminal history records check was completed during the prior 365 days.
Information obtained from the Central Repository under this subtitle:
is confidential;
may not be disseminated; and
may be used only for the purposes authorized by this subtitle.
The subject of a criminal history records check under this subtitle may contest the contents of the national and State criminal history records check issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
An individual who fails to disclose a conviction, a probation before judgment disposition, a not criminally responsible disposition, or the existence of pending charges for a criminal offense or attempted criminal offense as required under § 5–553 of this subtitle shall be guilty of perjury and upon conviction is subject to the penalty provided by law.
Unless otherwise provided, a person who violates any provision of this Part V of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
The following governmental units or persons shall have the immunity from civil or criminal liability described under § 5–619 of the Courts Article in connection with a criminal history records check under this Part V of this subtitle:
an employer; and
a State or local agency, including a local department.
On or before August 15, 1986, the Secretary shall:
provide for the adoption of a specified form or forms to be used in applying for the criminal history records check to be issued by the Department, including an appropriate disclosure statement;
designate the appropriate State or local law enforcement offices in the State, or other approved locations, where fingerprints may be obtained and application for a criminal history records check may be made; and
adopt rules and regulations necessary and reasonable to administer this Part V of this subtitle.
In this section, “emergency out–of–home placement” means an out–of–home placement in which a local department places a child in the home of an individual described in § 5–551(b) of this subtitle as a result of a sudden unavailability of the child’s primary caretaker.
In addition to the requirements under § 5–551(b) of this subtitle, if a child is placed in an emergency out–of–home placement, a local department may request that a designated State or local law enforcement agency in the State conduct a national name–based check on any individual described in § 5–551(b) of this subtitle.
The designated State or local law enforcement agency described in paragraph (1) of this subsection may provide the results of the name–based check to the local department.
Within 15 calendar days after the date on which the State or local law enforcement agency conducts the name–based check, the local department shall submit a complete set of fingerprints to the Department for each individual described in paragraph (1) of this subsection on whom a name–based check was conducted.
On receipt of the complete set of fingerprints described in paragraph (3) of this subsection, the Department shall perform a national criminal history records check, in accordance with § 5–555 of this subtitle.
A child shall be removed immediately from an emergency out–of–home placement if any individual required to submit to a name–based check refuses to submit the follow–up fingerprints.
When the placement of a child in a home is denied as a result of a name–based criminal history records check of an individual and the individual contests that denial, the individual shall submit to the local department:
a complete set of fingerprints; and
written permission allowing the local department to forward the fingerprints to the Department for submission to the Federal Bureau of Investigation.
An individual who is required to submit to a criminal history records check under this section shall pay the fees required under § 5–551(g) of this subtitle.