Except as otherwise provided in this subsection or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall receive a certificate from the Board before the individual may be a program administrator in this State.
Except as provided in subparagraph (ii) of this paragraph, if a program administrator leaves or is removed from a position as program administrator by death or for any other unexpected cause, the chief administrator of a residential child care program or other appropriate program authority shall immediately designate a certified program administrator to serve in that capacity.
In the event a certified program administrator is not available, the chief administrator or other appropriate program authority may appoint a noncertified person to serve in the capacity of acting program administrator for a period not to exceed 90 days.
The chief administrator or other appropriate program authority shall immediately notify the Board of the appointment and forward the credentials and the State and national criminal history records check of the person appointed to the Board for evaluation to assure that the person appointed is experienced, trained, of good moral character, and competent.
The 90–day period begins on the date that the program administrator leaves or is removed from the position as a program administrator.
The Board may extend the 90–day period for a further period of not more than 30 days.
Except as provided in paragraph (2) of this subsection or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall receive a certificate from the Board before the individual may be a residential child and youth care practitioner in this State.
This subsection does not apply to:
An employee of the Maryland School for the Blind who is a residential child and youth care practitioner and holds a current paraprofessional certificate; or
For up to 180 days, an individual participating in a Board–approved training program.
The governing body of each residential child care program shall appoint a chief administrator of the program.
If the chief administrator of a residential child care program leaves or is removed from a position as chief administrator by death or for any other unexpected cause, the governing body of the residential child care program shall immediately designate an individual to serve as the acting chief administrator for a period not to exceed 180 days.
To qualify for a certificate as a program administrator, an applicant shall be an individual who meets the requirements of this section.
The applicant shall be of good moral character.
The applicant shall have completed:
A State and national criminal history records check; and
Unless waived by the Board under § 20–303(d) of this subtitle, a child protective services background clearance.
The applicant shall be at least 21 years old.
The applicant shall have:
A bachelor’s degree from an accredited college or university; and
At least 4 years experience in the human service field with at least 3 years in a supervisory or administrative capacity; or
A master’s degree from an accredited college or university; and
At least 2 years experience in the human service field with at least 1 year in a supervisory or administrative capacity.
Except as otherwise provided in this title, the applicant shall pass an examination given by the Board under this subtitle.
To qualify for a certificate as a residential child and youth care practitioner, an applicant shall be an individual who meets the requirements of this section.
The applicant shall be of good moral character.
The applicant shall have completed:
A State and national criminal history records check; and
Unless waived by the Board under § 20–303(d) of this subtitle, a child protective services background clearance.
The applicant shall be:
At least 21 years old; or
At least 18 years old and have earned at least an associate’s or bachelor’s degree from an accredited college or university.
The applicant shall have:
A high school diploma or equivalent and have successfully completed an approved training program; and
At least 2 years experience in the human service field; or
An associate’s or bachelor’s degree from an accredited college or university.
Except as provided in paragraph (2) of this subsection, the applicant shall have successfully completed a training program approved by the Board.
An applicant who has an associate’s or bachelor’s degree from an accredited college or university may be waived from the training program requirement, if the applicant passes an examination and meets other requirements established by the Board under this subtitle.
The Board shall establish requirements and procedures for waiving the training program requirement for an applicant under subparagraph (i) of this paragraph.
The applicant shall pass an examination given by the Board under this subtitle.
The Board shall waive the education, experience, training, and examination requirements of this section for an applicant who:
Applies for certification on or before October 1, 2015; and
Presents to the Board satisfactory evidence that the applicant worked as a residential child and youth care practitioner in the State for at least 2 years before October 1, 2015.
To apply for a certificate, an applicant shall:
Submit an application to the Board on the form that the Board requires;
Provide evidence of application for a child protective services background clearance;
Pay to the Board the application fee set by the Board; and
Apply to the Central Repository for a State and national criminal history records check.
As part of the application for a criminal history records check, the applicant shall submit to the Central Repository:
A complete set of legible 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 Maryland 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 to the applicant and the Board the applicant’s criminal history records information.
Information obtained from the Central Repository under this subsection:
Is confidential;
May not be redisseminated; and
May be used only for the certification purpose authorized by this subtitle.
The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
The results of the child protective services background clearance shall be provided to the Board and the applicant.
The Board may, at its discretion, waive the requirement in subsection (a)(2) of this section for an out–of–state applicant who presents evidence to the Board that circumstances outside the applicant’s control prevent the applicant from obtaining, from the applicant’s state of residence, a background clearance that is equivalent to a child protective services background clearance.
The Board shall keep a file of each certificate application made under this subtitle.
The file shall contain:
The name, resident address, employment address, and age of the applicant;
The date of the application;
Complete and current information on the educational, training, and experience qualifications of the applicant;
The date the Board reviewed and acted on the application;
The action taken by the Board on the application;
The identifying numbers of any certificate or renewal certificate issued to the applicant; and
Any other information that the Board considers necessary.
The application files shall be open to public inspection.
An applicant who otherwise qualifies for a certificate is entitled to be examined as provided in this section.
The Board shall give examinations to applicants at least four times a year, at the times and places that the Board determines.
The Board shall notify each qualified applicant of the time and place of examination.
Subject to the provisions of this subsection, for qualified certified program administrator applicants, the Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
The subjects of examination shall be related to:
Health and safety issues, including:
Nutritional standards;
Water safety;
Preventative and acute health care standards;
Suicide assessment;
Prevention of abuse and neglect; and
Crisis intervention and problem solving;
The importance of staff training in appropriate observation techniques, including educational and psychological tests and social histories;
Rights of the child, including:
Educational and recreational needs; and
Establishment of and compliance with appropriate grievance procedures;
Physical plant requirements;
Criminal history records checks of personnel;
Fiscal accountability;
Record keeping that complies with federal requirements and State regulations;
Emergency planning; and
Other standards established in the regulations.
Each applicant shall be required to show knowledge of the laws, rules, and regulations that apply to programs.
The scope, content, and form of an examination shall be the same for all certificate applicants who take the examination at the same time.
For qualified certified residential child and youth care practitioner applicants, the Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
The Board may limit the number of times an applicant may take an examination required under this subtitle.
To qualify for a certificate, an applicant shall pass the examination within 3 years of the first time the applicant takes the examination.
Subject to the provisions of this section, the Board may waive any examination requirement of this title for an individual who is certified as a program administrator in any other state that the Board determines has a comparable certification process to the one established in this title.
The Board may grant a waiver under this section only if the applicant:
Is of good moral character;
Pays the application fee required by the Board under § 20–303 of this subtitle; and
Provides adequate evidence that:
At the time the applicant was certified in the other state, the applicant was qualified to take the examination that then was required by the laws of this State;
The applicant qualified for a certificate in the other state by passing an examination given in that or any other state; and
The applicant has completed a State and national criminal history records check.
The Board shall issue a certificate to any applicant who meets the requirements of this title.
The Board shall include on each certificate that the Board issues:
The full name of the certificate holder; and
A serial number.
The Board may issue a certificate to replace a lost, destroyed, or mutilated certificate if the certificate holder pays the certificate replacement fee set by the Board.
An applicant to whom the Board has issued a certificate under this section shall maintain on file with the Board the applicant’s current resident address and employment address and update the information whenever changes in residency or employment occur.
The Board shall maintain an electronic roster of all individuals certified by the Board.
The roster shall be available for the purpose of electronically verifying certification on the Board’s website.
Individuals without access to the Board’s website may contact the Board to verify a certificate.
The applicant may petition for judicial review of a decision of the Board that relates to issuing or renewing a certificate as allowed by the Administrative Procedure Act.
A certificate authorizes:
An individual who is a program administrator to administer a residential child care program while the certificate is effective; or
An individual who is a residential child and youth care practitioner to perform direct responsibilities related to activities of daily living, self–help, and socialization skills in a residential child care program while the certificate is effective.
A certificate expires on a date set by the Board, unless the certificate is renewed for an additional term as provided in this section.
A certificate may not be renewed for a term longer than 2 years.
At least 1 month before the certificate expires, the Board shall send to the certified program administrator or certified residential child and youth care practitioner, by electronic means or first–class mail to the last known electronic or physical address of the certified program administrator or certified residential child and youth care practitioner, a renewal notice that states:
The date on which the current certificate expires;
The date by which the renewal application must be received by the Board for the renewal to be issued; and
The amount of the renewal fee.
Before the certificate expires, the certified program administrator or certified residential child and youth care practitioner periodically may renew it for an additional 2–year term, if the certified program administrator or certified residential child and youth care practitioner:
Otherwise is entitled to obtain a certificate;
Pays to the Board a renewal fee set by the Board; and
Submits to the Board:
A renewal application on the form that the Board requires;
Satisfactory evidence of compliance with any continuing education and other qualifications and requirements set under this section for certificate renewal;
Evidence of application for a child protective services background clearance; and
Fingerprints for use by the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services to conduct a State and national criminal history records check.
In addition to any other qualifications and requirements established in consultation with the Children’s Cabinet, the Board may set continuing education requirements as a condition for the renewal of certificates under this section.
The Board shall renew the certificate of each certified program administrator or certified residential child and youth care practitioner who meets the requirements of this section.
The Board may, at its discretion, waive the requirement in subsection (c)(3)(iii) of this section for an out–of–state applicant who presents evidence to the Board that circumstances beyond the applicant’s control prevent the applicant from obtaining, from the applicant’s state of residence, a background clearance that is equivalent to a child protective services background clearance.
A certified program administrator or a certified residential child and youth care practitioner shall report to the Board any arrests or investigations that would appear on a child protective services background clearance and that occur during the period between issuance of the clearance and renewal of the certificate.
The Board shall reinstate the certificate of a program administrator or residential child and youth care practitioner who has failed to renew the certificate for any reason, if the individual:
Has not had the certificate suspended or revoked;
Meets the renewal requirements of § 20–310 of this subtitle;
Pays to the Board the reinstatement fee set by the Board;
Submits to the Board satisfactory evidence of compliance with the qualifications and requirements established under this title for certificate reinstatements;
Provides fingerprints for use by the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services to conduct a State and national criminal history records check;
Provides evidence of application for a child protective services background clearance; and
Applies to the Board for reinstatement of the certificate within 5 years after the certificate expires.
The Board may not reinstate the certificate of a program administrator or residential child and youth care practitioner who fails to apply for reinstatement of the certificate within 5 years after the certificate expires.
However, the program administrator or residential child and youth care practitioner may be certified by meeting the current requirements for obtaining a new certificate under this title.
The Board may, at its discretion, waive the requirement in subsection (a)(6) of this section for an out–of–state applicant who presents evidence to the Board that circumstances beyond the applicant’s control prevent the applicant from obtaining, from the applicant’s state of residence, a background clearance that is equivalent to a child protective services background clearance.
Unless the Board agrees to accept the surrender of a certificate, a certified program administrator or certified residential child and youth care practitioner may not surrender the certificate nor may the certificate lapse by operation of law while the certified program administrator or certified residential child and youth care practitioner is under investigation or while charges are pending against the certified program administrator or certified residential child and youth care practitioner.
The Board may set conditions on its agreement with the certified program administrator or certified residential child and youth care practitioner under investigation or against whom charges are pending to accept surrender of the certified program administrator’s certificate or the certified residential child and youth care practitioner’s certificate.
The Board shall investigate and take appropriate action as to any complaint filed with the Board that alleges that a certified program administrator or certified residential child and youth care practitioner has failed to meet any standard of the Board.
Subject to the hearing provisions of § 20–314 of this subtitle, the Board may deny a certificate to any applicant, reprimand any certified program administrator or certified residential child and youth care practitioner, place any certified program administrator or certified residential child and youth care practitioner on probation, or suspend or revoke a certificate if the applicant, certified program administrator, or certified residential child and youth care practitioner:
Fraudulently or deceptively obtains or attempts to obtain a certificate for a program administrator or residential child and youth care practitioner, or for another;
Fraudulently or deceptively uses a certificate;
Otherwise fails to meet substantially the standards for certification adopted by the Board under § 20–205 of this title;
Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
Performs the duties of a program administrator or residential child and youth care practitioner while:
Under the influence of alcohol; or
Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
Performs the duties of a program administrator or residential child and youth care practitioner with an unauthorized person or supervises or aids an unauthorized person in performing the duties of a program administrator or residential child and youth care practitioner;
Willfully makes or files a false report or record while performing the duties of a program administrator or residential child and youth care practitioner;
Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
Commits an act of unprofessional conduct in performing the duties of a program administrator or residential child and youth care practitioner;
Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the individual is certified and qualified to render because the individual is HIV positive; or
Fails to maintain on file with the Board a current resident address and employment address or notify the Board when the residency or place of employment changes.
Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 20-313 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Over the signature of an officer or the executive secretary of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
If after due notice the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Except as provided in this section for an action under § 20–313 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
Any person aggrieved by a final decision of the Board under § 20–314 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.