Title 8. Children, Youth, and Families — Subtitle 14
Statutes in effect as of October 1, 2026.
Md. Code Ann., Hum. Servs. § 8-1401 (2026)
Title 8. Children, Youth, and Families
Subtitle 14
§ 8–1401LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
(1)
“Child in an unlicensed setting” means an individual under the age of 22 years:
(i)
in an out–of–home placement who is residing in a hotel, an office building for more than 12 consecutive hours, a shelter, or any other unlicensed setting; or
(ii)
who is a pediatric overstay patient.
(2)
“Child in an unlicensed setting” does not include an individual under the age of 22 years who is receiving a self–independent living stipend, living with kin awaiting approval for placement, or on aftercare with a parent.
(c)
“Pediatric hospital overstay patient” has the meaning stated in § 19–388 of the Health – General Article.
(d)
“Placement Team” means the Rapid Response Placement Team.
(e)
“Review Panel” means the Child and Youth Placement Review Panel.
(f)
“Senior Advisor” means the Senior Advisor for Children and Families in the Office.
Md. Code Ann., Hum. Servs. § 8-1402 (2026)
Title 8. Children, Youth, and Families
Subtitle 14
§ 8–1402LinkCopy Citation
There is a Child and Youth Placement Review Panel in the Office.
Md. Code Ann., Hum. Servs. § 8-1403 (2026)
Title 8. Children, Youth, and Families
Subtitle 14
§ 8–1403LinkCopy Citation
(a)
(1)
There is a Senior Advisor for Children and Families in the Office.
(2)
The Senior Advisor shall oversee the work of the Review Panel.
(3)
The Senior Advisor serves at the pleasure of the Governor.
(b)
The Senior Advisor shall devote full–time to the duties of the office.
(c)
The Senior Advisor is entitled to:
(1)
compensation in accordance with the State budget; and
(2)
reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)
The Senior Advisor shall:
(1)
serve as the point of contact for the pediatric hospital overstay coordinators;
(2)
oversee the work of the Review Panel to ensure the provision of adequate medical and behavioral health care for children in unlicensed settings in the State;
(3)
keep the official records of the Review Panel; and
(4)
document information for cases using standard forms and data.
Md. Code Ann., Hum. Servs. § 8-1404 (2026)
Title 8. Children, Youth, and Families
Subtitle 14
§ 8–1404LinkCopy Citation
(a)
The Review Panel consists of:
(1)
the Secretary of Health, or the Secretary’s designee;
(2)
the Secretary of Human Services, or the Secretary’s designee;
(3)
the State Superintendent of Schools, or the State Superintendent’s designee;
(4)
the Senior Advisor;
(5)
the Secretary of Juvenile Services, or the Secretary’s designee; and
(6)
the coordinators, as defined in § 19–388 of the Health – General Article.
(b)
In conducting the analysis required under § 8–1406 of this subtitle, the Review Panel may consult with individuals who have knowledge of the child.
(c)
A majority of the members present at a meeting shall constitute a quorum.
(d)
The Review Panel shall meet at least every 2 months at the times and places the Review Panel determines.
Md. Code Ann., Hum. Servs. § 8-1405 (2026)
Title 8. Children, Youth, and Families
Subtitle 14
§ 8–1405LinkCopy Citation
(a)
The Senior Advisor shall serve as the chair of the Review Panel.
(b)
The Office shall provide staff support for the Review Panel.
Md. Code Ann., Hum. Servs. § 8-1406 (2026)
Title 8. Children, Youth, and Families
Subtitle 14
§ 8–1406LinkCopy Citation
(a)
The Review Panel shall:
(1)
analyze any instance involving a child in a pediatric overstay or an unlicensed setting; and
(2)
propose systemic improvements based on the analysis conducted in item (1) of this subsection.
(b)
On or before July 1, 2027, and each July 1 thereafter, the Review Panel shall report on the analysis conducted under this section to the General Assembly in accordance with § 2–1257 of the State Government Article.
Md. Code Ann., Hum. Servs. § 8-1407 (2026)
Title 8. Children, Youth, and Families
Subtitle 14
§ 8–1407LinkCopy Citation
(a)
(1)
Except as provided in paragraph (2) of this subsection, within 48 hours of being notified of a pediatric overstay patient, the coordinators shall convene a Rapid Response Placement Team.
(2)
If the coordinators are notified of a pediatric overstay patient on a Friday, the coordinators shall convene a Placement Team within 72 hours of being notified or earlier if possible.
(3)
Nothing in this subsection prevents the coordinators from taking steps to secure a placement for a pediatric overstay patient before holding the initial meeting required under subsection (e) of this section.
(b)
The Placement Team shall consist of:
(1)
the Senior Advisor, in an advisory capacity;
(2)
the coordinators, as defined in § 19–388 of the Health – General Article; and
(3)
if applicable, the following members who have knowledge of the child, designated by the coordinators:
(i)
a representative of the local department of social services; and
(ii)
a representative of the hospital where the child is considered a pediatric hospital overstay patient.
(c)
The Placement Team shall:
(1)
develop a plan for the appropriate placement of a pediatric hospital overstay patient; and
(2)
arrange for a temporary placement in a licensed setting when a placement has been identified, but a bed is not immediately available.
(d)
The Placement Team may:
(1)
conduct immediate clinical and placement assessments;
(2)
override local department decisions, if necessary to place the child in a clinically appropriate, least restrictive environment;
(3)
secure immediate placement in appropriate and least restrictive available licensed settings; and
(4)
(i)
authorize the Department of Human Services to execute an emergency procurement under § 13–108 of the State Finance and Procurement Article with an in–State or out–of–state provider by providing the justification for the use of emergency procurement method;
(ii)
require out–of–state placements only when no in–State provider offers the required care needed by the child; and
(iii)
require any out–of–state provider to maintain communication with the parent or guardian regarding treatment and care of the child.
(e)
(1)
The Placement Team shall hold an initial in–person or virtual meeting immediately with all members of the Placement Team and have daily communication with all members of the Placement Team until a placement for the child is secured.
(2)
Once convened, the Placement Team shall hold at least one in–person or virtual meeting per week.
(f)
The Department of Human Services shall be deemed to be compliant with the prohibition on the use of an inpatient unit or emergency department for a pediatric overstay patient established under § 5–525(c)(2) of the Family Law Article, if the Department is actively searching for a placement for the child.
Md. Code Ann., Hum. Servs. § 8-1408 (2026)
Title 8. Children, Youth, and Families
Subtitle 14
§ 8–1408LinkCopy Citation
(a)
In this section, “Advisory Council” means the Advisory Council on Maryland’s System of Care for Children, Youth, and Families.
(b)
There is an Advisory Council on Maryland’s System of Care for Children, Youth, and Families.
(c)
The Advisory Council shall consist of the following members:
(1)
the Special Secretary, or the Special Secretary’s designee;
(2)
the Secretary of Health, or the Secretary’s designee;
(3)
the Secretary of Juvenile Services, or the Secretary’s designee;
(4)
the Secretary of Disabilities, or the Secretary’s designee;
(5)
the Secretary of Human Services, or the Secretary’s designee;
(6)
the Maryland Insurance Commissioner, or the Commissioner’s designee;
(7)
the State Superintendent of Schools, or the State Superintendent’s designee;
(8)
the Executive Director of the Maryland Health Care Commission, or the Executive Director’s designee;
(9)
the Executive Director of the Chesapeake Regional Information System for our Patients, or the Executive Director’s designee;
(10)
a representative from the State–authorized administrator of 2–1–1 services in Maryland, appointed by the Governor;
(11)
the coordinators, as defined in § 19–388 of the Health – General Article;
(12)
the Public Defender, or the Public Defender’s designee;
(13)
the State Foster Youth Ombudsman; and
(14)
the following members, who have experience and knowledge of working with children with behavioral health challenges, adverse childhood experiences, and developmental disabilities, appointed by the Governor:
(i)
the Senior Advisor;
(ii)
one representative of a local department of social services;
(iii)
one representative of the Maryland Association of Resources for Families and Youth;
(iv)
one representative of Disability Rights Maryland;
(v)
one representative of the Community Behavioral Health Association of Maryland;
(vi)
one representative of Maryland Legal Aid;
(vii)
one representative of the Court Appointed Special Advocates of Maryland;
(viii)
one representative of the National Association of Social Workers – Maryland who is a hospital–based clinical social worker;
(ix)
one representative of the Maryland Chapter of the American Academy of Pediatrics;
(x)
one representative of the Maryland Hospital Association;
(xi)
one representative of a specialty psychiatric hospital;
(xii)
one representative of an acute care hospital emergency department;
(xiii)
one representative of the Maryland Resource Parent Association;
(xiv)
one representative of the Maryland Mental Health Association;
(xv)
one representative of a residential treatment provider in the State; and
(xvi)
one representative with lived experience in the State foster care system.
(d)
(1)
The Special Secretary, or the Senior Advisor, shall serve as chair of the Advisory Council.
(2)
The Advisory Council shall meet quarterly at the times and places the Advisory Council determines.
(3)
The Office shall provide staff for the Advisory Council.
(e)
A member of the Advisory Council:
(1)
may not receive compensation as a member of the Advisory Council; but
(2)
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(f)
The Advisory Council shall:
(1)
review existing laws and regulations to ensure that they facilitate the provision of adequate medical and behavioral health care in the State, including to youth in out–of–home placements in the State;
(2)
recommend any additions or changes to existing laws or regulations designed to facilitate the provision of adequate medical and behavioral health care to children in need of medical and behavioral health care in the State, including youth in out–of–home placements in the State;
(3)
identify any grant or money from the federal government, private foundations, or other sources that may be available for programs related to children in out–of–home placements;
(4)
recommend improvements for education, outreach, and support to foster care parents in the State to prevent disruption in placements;
(5)
examine the New Jersey Children’s System of Care model and provide recommendations on how the model can be replicated in the State in consultation with an institution of higher education or a private research entity with expertise in the model;
(6)
review existing laws and regulations, provide recommendations if gaps are identified, and make recommendations to ensure, if a parent or guardian is not available to make medical decisions or while in the process of obtaining a voluntary placement agreement, all pediatric hospital overstay patients have access to:
(i)
legal representation; and
(ii)
education services;
(7)
review any recommendations of the Workgroup on Children in Unlicensed Settings and Pediatric Hospital Overstays; and
(8)
review barriers to capacity expansion, including rate reform and insurance parity, and make recommendations.
(g)
(1)
The Advisory Council shall form a subgroup consisting of the members listed under subsection (c)(1) through (12) of this section.
(2)
The subgroup of the Advisory Council may consult with experts as necessary, including insurers, payors, and the Maryland Medical Assistance Program.
(3)
The subgroup of the Advisory Council shall:
(i)
complete an assessment of the current number of licensed beds, staffed beds, and physical beds intended to serve the needs of children and youth by agency, categorized by type of bed inclusive of age, gender, diagnosis, severity, and specialty accepted for the following bed types:
(1)
traditional foster homes;
(2)
private and public treatment foster homes;
(3)
group homes;
(4)
residential treatment centers;
(5)
private and public inpatient psychiatric beds; and
(6)
respite beds;
(ii)
develop an electronic process for tracking the real–time location, length of stay, and discharge plans for pediatric hospital overstay patients, as defined in § 19–388 of the Health – General Article, including youth under or in the process of a voluntary placement agreement;
(iii)
(1)
develop a model for standardized data collection with mandated uniform metrics, including age, gender identity, race, ethnicity, county of origin, payor type, and length of stay for pediatric hospital overstay patients, as defined in § 19–388 of the Health – General Article, including youth under or in the process of a voluntary placement agreement; and
(2)
designate an entity to serve as a central repository for data collected; and
(iv)
develop a plan and identify resources needed to expand mobile response and stabilization services across the State to ensure statewide access and full implementation by 2030.
(h)
On or before October 1 each year, beginning in 2027, the Advisory Council shall report its findings and recommendations to the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.