# Human Services (GHU)

## Title 3. Local Departments of Social Services

### Subtitle 1. Definitions

#### Section 3-101

(a) In this title the following words have the meanings indicated.

(b) "Department" means the Department of Human Services.

(c)

  (1) "Local board" means the board of social services in a county.

  (2) "Local board" includes the commission of social services in Baltimore City.

(d) "Local department" means:

  (1) a local department of social services created or continued in a county under Sec. 3-201 of this title; or

  (2) in Montgomery County, the Montgomery County government.

(e) "Local director" means the director of a local department.

(f) "Local governing authority" means:

  (1) in references to executive authority:

    (i) the board of county commissioners of a county that does not have a charter form of government;

    (ii) the highest executive authority of a county that has a charter form of government; or

    (iii) the Mayor of Baltimore City;

  (2) in references to purely legislative authority:

    (i) the board of county commissioners of a county that does not have a charter form of government;

    (ii) the county council of a county that has a charter form of government; or

    (iii) the City Council of Baltimore City; or

  (3) in references to combined executive and legislative authority:

    (i) the board of county commissioners of a county that does not have a charter form of government;

    (ii) the county council and the highest executive authority of a county that has a charter form of government; or

    (iii) the Mayor and City Council of Baltimore City.

(g) "Secretary" means the Secretary of Human Services.

### Subtitle 2. General Provisions

#### Section 3-201

(a)

  (1) This subsection does not apply in Montgomery County.

  (2) The Department shall create or continue a local department in each county.

  (3) A local department shall be referred to as the department of social services preceded by the name of the county.

(b) Except as provided in subsection (c) of this section, a local department shall have a local board and a local director appointed in accordance with this title.

(c) In Baltimore City, the local department shall have a commission of social services.

#### Section 3-202

(a) Administrative costs that a local department incurs in carrying out this subtitle and Subtitle 3 of this title shall be paid with State or federal funds as the Department prescribes.

(b) This section does not prohibit a county from appropriating additional funds for administrative costs of a local department.

### Subtitle 3. Local Directors

#### Section 3-301

(a) In this section, "local executive authority" means:

  (1) except as provided in item (2) of this subsection, the county  executive of a county that has a charter form of government;

  (2) the County Council of Talbot County;

  (3) the county commissioners of a county that does not have a charter  form of government; or

  (4) the Mayor of Baltimore City.

(b)

  (1) In each county, the local director shall be appointed with the concurrence of the Secretary and the appropriate local executive authority or its designee.

  (2) The local executive authority or its designee shall meet and consult with the local board before the appointment of the local director.

(c) A local director shall have:

  (1) a master's degree in social work or a related field;

  (2) at least 5 years of professional employment in social services administration or supervision; and

  (3) any other qualifications and training that the Secretary requires by regulation.

(d)

  (1) The Secretary, the local executive authority or its designee, and the local board shall:

    (i) at least annually, evaluate the local director in writing; and

    (ii) jointly review their respective evaluations with the local director.

  (2) In consultation with the local board, the local governing authority of each county shall establish by ordinance or resolution the process for evaluating the local director.

  (3) The Secretary shall:

    (i) establish by regulation the process by which the Secretary will evaluate the local directors; and

    (ii) notify the local board of any significant deficiencies in the administration of the local department.

(e)

  (1) A local director may be removed from office with the concurrence of the Secretary and the appropriate local executive authority or its designee.

  (2) The appropriate local executive authority or its designee shall meet and consult with the local board before the removal of a local director.

(f)

  (1) A local director shall be in the executive service or management service of the State Personnel Management System.

  (2) Each deputy director and assistant director of the Baltimore City Department of Social Services shall be in the management service of the State Personnel Management System.

  (3) Except as provided in Sec. 3-403.1 of this title, the Director of the Department of Social Services in Montgomery County is a member of the Employees' Pension System.

#### Section 3-302

(a)

  (1) This section does not apply in Montgomery County.

  (2) Except for child support enforcement, a local director shall administer the social service and public assistance activities in the county in accordance with Title 4, Subtitle 2 and Title 5, Subtitle 2 of this article.

(b) A local director has a general administrative responsibility to the Social Services Administration and the Family Investment Administration.

(c) The responsibilities of a local director include:

  (1) long-range and short-range planning for the functions and objectives of the local department;

  (2) administering the operations of the local department;

  (3) except as provided in Sec. 3-301(f)(2) of this subtitle or as otherwise provided by law, appointing personnel of the local department in accordance with the State Personnel and Pensions Article;

  (4) improving administrative and social work practices and procedures;

  (5) submitting periodic reports and evaluations that the Social Services Administration and the Family Investment Administration require;

  (6) submitting an annual report to the local board; and

  (7) undertaking any other responsibilities required by the Social Services Administration, the Family Investment Administration, or applicable laws.

#### Section 3-303

In Montgomery County, the local director shall act as the agent of the Secretary to ensure that Montgomery County complies with responsibilities under grant agreements entered into in accordance with Sec. 3-403 of this title.

### Subtitle 4. Montgomery County

#### Section 3-401

It is the intent of the General Assembly that:

(1) the purpose of this subtitle is to provide better integrated, more efficient, and accountable human services delivery in Montgomery County by the State and county; and

(2) implementation of this subtitle shall be cost neutral to both the State and Montgomery County.

#### Section 3-402

(a) In Montgomery County, the Montgomery County government shall administer State social service and public assistance programs that in other counties are administered by a local department.

(b) The administration of State programs by Montgomery County is governed by State and federal regulations.

(c)

  (1) Montgomery County shall administer State child welfare programs in the same manner as the programs are administered in other counties.

  (2) The unit of the Montgomery County government that administers the programs under paragraph (1) of this subsection is exempt from licensing requirements in the same manner as local departments in other counties.

#### Section 3-403

(a) Subject to Sec. 3-403.1 of this subtitle, the Secretary shall enter into a grant agreement with the Montgomery County government for the administration in Montgomery County of programs administered in other counties by local departments.

(b) The grant agreement shall:

  (1) provide for payment to Montgomery County for the costs of administering State programs at State funding rates as provided in Sec. 3-202 of this title:

    (i) including salaries, overhead, general liability coverage, workers' compensation, and employee benefits; but

    (ii) excluding amounts attributable to county salaries or benefits that exceed comparable State salaries or benefits;

  (2) require the State to pay for State accrued leave; and

  (3) utilize the same budget categories as appropriations in the State budget for local departments in other counties.

(c)

  (1) Notwithstanding any other law, the proportion of State and federal funds paid in fiscal year 1997 to the Montgomery County government under this section relative to the funds provided by the Secretary to all local departments may not be less than the proportion of funds disbursed in fiscal year 1996 to the Montgomery County Department of Social Services.

  (2) After fiscal year 1997, the amount of the grant to the Montgomery County government shall be proportionally adjusted each year to:

    (i) reflect changes in case loads, the number of children in poverty, and any other relevant cost factors the parties agree to; and

    (ii) ensure that the grant is equitable in relation to the funds provided to all local departments.

#### Section 3-403.1

(a) This section applies only to the Director of the Department of Social Services in Montgomery County who was a participant in the Montgomery County Retirement System.

(b) The Director of the Department of Social Services in Montgomery County who is transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services, may elect to:

  (1) remain as a participant in the Montgomery County Retirement System; or

  (2) become an enrollee in the Employees' Pension System of the State of Maryland.

(c)

  (1) If the Director of the Department of Social Services in Montgomery County elects to remain as a participant in the Montgomery County Retirement System, the election remains in effect only as long as the employee remains employed by the Social Services Administration of the Maryland Department of Human Services.

  (2) If the Director of the Department of Social Services in Montgomery County transfers to another position in State service, the employee shall become an enrollee of the Employees' Pension System of the State of Maryland.

  (3)

    (i) While the Director of the Department of Social Services in Montgomery County remains a participant in the Montgomery County Retirement System, the State central payroll bureau shall deduct from the Director's biweekly salary an employee contribution that equals the Director's salary multiplied by the required employee contribution rate as set forth in the Montgomery County Code.

    (ii) The State shall pick up within the meaning of Sec. 414(h)(2) of the Internal Revenue Code, the employee contributions deducted under subparagraph (i) of this paragraph.

(d)

  (1) Until the date that the Director of the Department of Social Services in Montgomery County leaves service in the Social Services Administration of the Maryland Department of Human Services, the Department of Human Services shall pay on a quarterly basis to the Montgomery County Retirement System:

    (i) the amount deducted by the State central payroll bureau from the Director's biweekly salary for that quarter as provided under subsection (c)(3) of this section; and

    (ii) an employer contribution for that quarter equal to the total of the Director's salary subject to a deduction under subsection (c)(3) of this section multiplied by the employer contribution rate determined by the Department of Human Services under paragraph (3) of this subsection.

  (2) On or before May 15 of each year, the Chief Administrative Officer of Montgomery County shall certify to the Department of Human Services the employer and employee contribution rates for pension benefits determined for the Montgomery County Retirement System for the next fiscal year.

  (3) If the employer contribution rate certified under paragraph (2) of this subsection is greater than the employer contribution rate paid by the State for State employees under the State Personnel Management System, the Department of Human Services may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System.

(e)

  (1)

    (i) The Director of the Department of Social Services in Montgomery County covered under this section who elects to remain in the Montgomery County Retirement System may receive employee health benefits equal to those received by employees under the Montgomery County Retirement System.

    (ii) If the Director elects to receive health benefits under subparagraph (i) of this paragraph, the State shall  reimburse Montgomery County each month an amount equal to the State's contribution for those health benefits.

  (2)

    (i) A retiree covered under this section who elects to remain in the Montgomery County Retirement System may receive retiree health benefits equal to those received by retirees under the Montgomery County Retirement System.

    (ii) If a retiree elects to receive health benefits under subparagraph (i) of this paragraph, the State shall reimburse Montgomery County each month an amount equal to the State's  contribution for those health benefits.

#### Section 3-404

(a) The Montgomery County Department of Health and Human Services is considered to be one agency for purposes of confidentiality provisions of State law.

(b) The use and release of information concerning recipients of State social service and public assistance programs by the Montgomery County Department of Health and Human Services is governed by the confidentiality provisions of State law, including Title 1, Subtitle 2 of this article.

#### Section 3-405

The Secretary and the County Executive of Montgomery County shall consult with each other at least every other year to ensure that the objectives of the social service and public assistance programs administered by the Montgomery County government are consistent with the objectives of the State social service and public assistance programs.

#### Section 3-406

(a) This section is not a waiver of immunity under the Eleventh Amendment of the Constitution of the United States.

(b)

  (1) Except as provided in paragraph (2) of this subsection, the State shall pay any judgment awarded against Montgomery County or an employee of Montgomery County that arises out of an action commenced or prosecuted in a court of the United States relating to the administration and implementation of State programs described in this subtitle.

  (2) The State may not pay a judgment awarded against an employee of Montgomery County under this section for an act or omission committed:

    (i) outside the scope of employment; or

    (ii) with malice.

### Subtitle 5. Local Boards

#### Section 3-501

(a) This section does not apply in Baltimore City.

(b) Each local department shall have a local board.

(c) A local board consists of at least 9 but no more than 13 members as provided by local law enacted by the local governing authority.

(d)

  (1) On July 1 of each year, each local governing authority shall designate one member of the local governing authority to serve as an ex officio member of the local board.

  (2)

    (i) The other members of the local board shall be appointed by the local governing authority.

    (ii) The local governing authority shall seek out and appoint individuals who:

      (1) have a high degree of interest, capacity, and objectivity; and

      (2) in the aggregate, give a countywide representative character to the local board.

(e) On July 1 of each year, each local board shall select a chairman.

(f) A member of a local board:

  (1) may not receive compensation; but

  (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g)

  (1)

    (i)

      (1) Except as provided in subsubparagraph 2 of this subparagraph, the term of an appointed member is 3 years.

      (2) In Charles County, the term of an appointed member is 4 years.

    (ii) A term expires on June 30 of the year of expiration.

    (iii) At the end of a term, a member continues to serve until a successor is appointed.

    (iv) Once an appointed member of a local board serves two consecutive full terms, the member is ineligible for reappointment for a period of 1 year.

  (2) If a vacancy occurs during the term of a member, the local governing authority shall appoint or designate a successor to serve for the remainder of the term.

(h) If a member of a local board fails to attend at least 50% of the local board's meetings during a period of twelve consecutive months:

  (1) the member may be considered to have resigned; and

  (2) the chairman may declare that a vacancy exists.

(i)

  (1) This subsection does not apply to an ex officio member of a local board.

  (2) If a member of a local board is elected or appointed to political or public office:

    (i) the local governing authority may consider the member to have resigned; and

    (ii) the chairman shall declare that a vacancy exists.

#### Section 3-502

The Baltimore City Social Services Commission shall be appointed in accordance with Article VII, Sec. 58 of the Charter of Baltimore City, 1996 Edition.

#### Section 3-503

The duties and functions of a local board include:

(1) to advise the local director as to the local application of State policies or procedures;

(2) to be well informed on local departmental activities;

(3) to communicate to the residents of the county, broad and comprehensive information as to the objectives, policies, programs, and problems of local social services and public assistance administration;

(4) to review the periodic evaluation of the local department prepared by the Department and consult with the local director as to the proper implementation of the recommendations and any recommendations made by the local board as a result of its evaluation of the local department;

(5) to review and transmit to the Secretary and the local governing authority:

  (i) the annual report of the local director on the activities of the local department; and

  (ii) any changes in policies or procedures the local board recommends;

(6) to review and make recommendations regarding the annual estimate of funds needed for social services and public assistance purposes in the county;

(7)

  (i) to consult with the local director regarding any new service that might be instituted by the local director or the local board to meet an unmet need in the county;

  (ii) to approve or disapprove the local director's evaluation of the readiness of the local department to take on the new service and the propriety of the new service within the State plan; and

  (iii) to present to the Department:

    (1) suggested new services that the local board approves, regardless of whether the recommendation originated from the local director or the local board; and

    (2) the recommendations of both the local director and the local board;

(8) to take active steps to secure the appropriation of local funds by the local governing authority to meet needs that are:

  (i) not financed by or available through any other federal, State, or local plan, project, or program; and

  (ii) not in conflict with the State plan;

(9) to meet with the Secretary periodically at the request of the Secretary or the local board;

(10) to establish and maintain effective liaison with the local governing authority;

(11) in conjunction with the Department, to serve as an advocate for social services and public assistance programs on the local, State, and federal levels;

(12) to work to identify private, State, and federal grant sources for social services and public assistance programs;

(13) in conjunction with the Department, to develop and implement an educational and public relations program for public and elected officials on the local, State, and federal level; and

(14) in conjunction with the Department and the local executive authority or its designee, to evaluate the local director and make recommendations based on the evaluation to the Secretary.

### Subtitle 6. Miscellaneous Provisions

#### Section 3-601

(a)

  (1) Except as provided in paragraph (2) of this subsection, the attorney to, or an attorney designated by, the local governing authority in each county or an attorney employed by the State shall institute and defend each civil action in which the local department is a party.

  (2) In Cecil County, the local department may secure the services of attorneys to represent it in all legal matters affecting the local department.

(b) Actions in which the local department is a party shall be instituted in the name of the local department.

(c)

  (1) The court may award attorney's fees to an attorney representing a local department in an action to recover:

    (i) from the estate of a recipient of any type of public assistance, the amount paid to the recipient during the recipient's lifetime; or

    (ii) from a recipient of any type of public assistance, the amount paid to the recipient before the recipient receives any property or income in excess of the amount stated in the recipient's application for assistance and in excess of the recipient's need.

  (2) The amount of fees awarded by the court shall be deducted from the gross amount of the recovery in the action.

  (3) The net amount of the recovery shall be turned over to the local department to be divided among the State, the county, and the federal government in proportion to the amount paid by each.

(d)

  (1) Except as otherwise provided, an attorney who provides any other legal services on behalf of a local department shall be paid the fees the Department sets.

  (2) Attorney's fees under this subsection shall be paid out of regular administrative funds.

#### Section 3-602

(a) The Office of the Inspector General in the Department shall conduct or contract for a financial and compliance audit of each local department at an interval of 4 years unless the Office of the Inspector General determines, on a case-by-case basis, that an audit occur at an interval of 3 years.

(b) In determining the audit interval for a local department, the Office of the Inspector General shall take into consideration:

  (1) the materiality and risk profile of the local department's programs and fiscal activities;

  (2) the nature and extent of prior audit findings of the local department; and

  (3) any other factor related to risk.

(c) The audit shall comply with the auditing standards issued by the Institute of Internal Auditors.

(d) A written report of the audit findings shall be prepared and distributed to:

  (1) the local board; and

  (2) the local governing authority.

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Md. Code Ann., Hum. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)