In this part the following words have the meanings indicated.
“Agency” means:
the Maryland Department of Health;
the Department of Human Services; or
the Department of Juvenile Services.
“Certified program administrator” means an individual who is:
certified by the State Board for Certification of Residential Child Care Program Professionals under Title 20 of the Health Occupations Article; and
responsible for the day–to–day management and operation of a residential child care program and for assuring the care, treatment, safety, and protection of the children in the residential child care program.
“Plan” means the State Resource Plan for Residential Child Care Programs.
“Provider” means a for profit or nonprofit entity licensed by an agency to operate a residential child care program.
Except as provided in § 8–707 of this subtitle, “residential child care program” does not include sites licensed by the Developmental Disabilities Administration.
It is the intent of the General Assembly to:
improve the quality of care provided by residential child care programs;
provide the same quality of care to all children placed in residential child care programs; and
develop a system that expands services provided by residential child care programs to counties that are underserved.
There is a State Resource Plan for Residential Child Care Programs.
The purpose of the Plan is to enhance access to services provided by residential child care programs.
On or before July 1 of each year, the Department of Human Services shall develop the Plan in consultation with the agencies, providers, counties, child advocates, consumers, and any other State unit, entity, or person that the Department identifies as having relevant information or that is interested in the development of the Plan.
The Plan shall:
provide a framework for the Department and the agencies to procure residential child care program services that meet the needs identified in the Plan;
provide the following information on residential child care programs:
the county where each program is operated;
the provider for each program;
the actual capacity and utilization rate for each program;
the ages of the children in each program;
the county where each child in a program lived at the time the child entered out–of–home placement;
the services children require and a description of how those services are being provided;
the agency that placed children in each program; and
any other information the Department or the agencies, providers, or counties consider relevant;
identify the types of services needed in residential child care programs and the estimated number of children requiring those services in each county;
identify the counties where the services identified in item (3) of this subsection are insufficiently supplied;
establish an incentive fund for residential child care program development in the counties identified in item (4) of this subsection; and
identify the reasons children are placed in residential child care programs outside of the counties where the children lived at the time they entered out–of–home placement in accordance with § 5–525 of the Family Law Article.
On or before January 1 of each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee and the House Health and Government Operations Committee on the Plan’s findings and recommendations.
In this section the following words have the meanings indicated.
“Licensing agency” means:
the Department of Human Services; and
the Department of Juvenile Services.
“Statement of need” means an official certification of public need for the location and establishment of a residential child care program in a county issued by a licensing agency under this section.
The licensing agencies shall adopt regulations governing the issuance of statements of need.
In developing the regulations required under subsection (b) of this section, a licensing agency shall:
consider the specialized mental, physical, and behavioral health and developmental needs of children in the county or region affected by the statement of need; and
consult with stakeholders in the county or region affected by the statement of need, including:
State and local child–serving agencies;
providers of residential and community–based services for children; and
children, parents, and foster parents.
Except as provided in paragraph (2) of this subsection, an application may not be submitted to the office and a license may not be granted by a licensing agency for a residential child care program until a licensing agency issues a statement of need for a residential child care program in a county.
A statement of need is not required before a license may be granted by a licensing agency for a residential child care program if there is no placement available in an existing licensed residential child care program that can provide the services needed for a child.
Except as provided in paragraphs (2) through (4) of this subsection, in addition to the statement of need required under subsection (d) of this section, a statement of need is required before:
an existing or previously licensed residential child care program is relocated to another site;
the physical site of a residential child care program is expanded; or
the number of placements in a residential child care program is increased.
A statement of need is not required before an existing licensed residential child care program is relocated to another site on a temporary basis if:
the site of the existing licensed residential child care program is in a state of disrepair that necessitates rehabilitation for the health, safety, and well–being of the residents;
the temporary site meets the requirements of the residential child care program’s license;
the temporary site is located:
within the same jurisdiction as the site undergoing rehabilitation; or
within 10 miles of the site undergoing rehabilitation; and
the rehabilitation of the existing site:
will be completed within 180 days; or
if not completed within 180 days, will be completed within a period of time determined by the licensing agency, on request of the licensee, not to exceed an additional 180 days.
A statement of need is not required before an existing licensed residential child care program is relocated to another site if:
the relocation is necessary:
due to circumstances beyond the control of the licensee, including the nonrenewal of the lease for the site of the existing licensed residential child care program; or
because the site of the existing licensed residential child care program is in a state of disrepair that:
necessitates rehabilitation of the site for the health, safety, and well–being of the residents; and
the rehabilitation is impractical or infeasible;
the new site meets the requirements of the residential child care program’s license; and
the new site is located:
within the same jurisdiction as the site being closed; or
within 10 miles of the site being closed.
A statement of need is not required before the number of placements in an existing licensed residential child care program is increased if there is no placement available in an existing licensed residential child care program that can provide the services needed for a child.
A licensing agency shall publish notice of the issuance of a statement of need in the Maryland Register.
A licensing agency may not delegate its authority to issue a statement of need.
A contract awarded or renewed between an agency and a provider for a residential child care program shall:
require the provider to fulfill the licensing requirements under §§ 5–507 through 5–509 of the Family Law Article or §§ 9–235 through 9–237 of this article;
include the following provisions:
a description of the services the provider is required to provide;
an explanation from the provider of how the program will further the objectives of the Plan under § 8–703(b) of this subtitle; and
any other provision the contracting agency considers necessary;
require the provider to report to the contracting agency in writing within 24 hours after a critical incident, as defined in regulation, involving a child in the provider’s care;
include a plan for the residential child care program’s interaction with the surrounding community, including a mechanism for responding to complaints;
require the provider to report to the contracting agency community complaints that the residential child care program receives and the resolution of each complaint within 10 days after the complaint is received;
require that the residential child care program provide health care services under § 5–533 of the Family Law Article;
require the provider to maintain health care records during the placement of a child in the residential child care program, including:
health insurance information;
powers of attorney, if applicable;
a history of primary and preventive care and any arrangements made for continuing care;
a history of the health care provided for behavioral, mental, or substance abuse disorders and any arrangements made for continuing care; and
documentation of doctor and dentist visits;
require the provider to comply with § 7–309 of the Education Article;
require an annual financial disclosure, including:
a certified financial audit of revenues and expenditures prepared by a licensed accountant;
a certified financial audit prepared by a licensed accountant that compares actual revenues and expenditures to the budget submitted to the interagency rates committee for the purpose of determining the program’s rate; and
a statement identifying any interest that the provider or an employee of the provider has with a business or entity that accounts for 5% or more of the program’s expenditures;
require the residential child care program to have certified residential child and youth care practitioners, as required under § 20–301 of the Health Occupations Article; and
require the residential child care program to have a certified program administrator as required under § 20–301 of the Health Occupations Article.
The Department of Human Services shall provide a sample contract that includes an example of the provisions required under § 8–704 of this subtitle to each potential provider interested in becoming licensed to operate a residential child care program.
The members of the Children’s Cabinet shall adopt regulations to carry out this part.
In this section, “residential child care program” includes sites licensed by the Developmental Disabilities Administration.
A contract awarded or renewed between an agency and a provider shall require the provider to:
post conspicuously a “Residents’ Bill of Rights” in the facility of the provider stating that a resident has a right:
to be treated with fairness, dignity, and respect;
to receive appropriate and reasonable adult guidance, support, and supervision, consistent with the resident’s age and level of development;
not to be abused, mistreated, threatened, harassed, or subjected to corporal punishment or to other unusual or extreme methods of discipline;
to have the resident’s opinion heard and to be included, to the greatest extent possible and consistent with the resident’s age and level of development, when major decisions, including regular case planning meetings, are being made affecting the resident’s life;
to reasonable and clinically appropriate visitation, mail, and telephone communication with relatives, friends, attorneys, social workers, therapists, and guardians ad litem;
to have the resident’s relatives and designated representatives, who are authorized in writing by the contracting agency, to communicate with the facility of the provider, ask questions of the facility of the provider, and have questions answered promptly by the facility of the provider;
to language translation and interpretation services, if necessary;
not to be discriminated against on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business; and
to an appropriate education, including educational supports such as homework assistance, summer enrichment opportunities, and employment skills training;
develop and, on placement, provide to residents and their parents or legal guardians a handbook of the policies of the provider and the contracting agency as they relate to:
the mission of the program;
placement and discharge;
daily routines;
treatment strategies;
disciplinary practices;
visiting hours;
communication procedures with residents;
grievance procedures;
health care access;
religious exercise access;
emergency telephone contact information;
family involvement;
attorney access;
community integration;
education;
medical and dental care;
recreation;
life skills training;
clothing;
personal funds;
food and nutrition;
day care;
personal belongings;
extracurricular activities; and
therapy; and
document in each child’s case file receipt and review by the child and the parent or guardian of the child of the handbook required to be provided under item (2) of this subsection.
Nothing in this section precludes a contracting agency or provider from providing additional rights to a resident.
In this part, “licensing agency”:
means the agency designated by the Office as responsible for licensing a residential child care program; and
includes the Maryland Department of Health, the Department of Human Services, and the Department of Juvenile Services.
A person may not operate a residential child care program in the State without a license.
A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each day of operation.
A licensing agency may deny a license to:
a corporation or entity that has had a license revoked by a licensing agency within the previous 10 years; or
a corporation or entity that has a corporate officer who has served as a corporate officer for a corporation or entity that has had a license revoked by a licensing agency within the previous 10 years.
Unless a program administrator or an employee of a residential child care program is required to be present, a licensing agency shall conduct unannounced inspections of residential child care programs.
The unannounced inspections required under subsection (a) of this section shall include inspections conducted during nonbusiness hours.
In this part the following words have the meanings indicated.
“Residential child care program” includes a facility or program that:
provides a residential environment such as:
a program with a wilderness or outdoor experience, expedition, or intervention;
a boot camp experience or other experience designed to simulate characteristics of basic military training for correctional regimes;
an educational or therapeutic boarding school; or
a behavioral modification program; and
serves children who have a history of diagnosis of:
an emotional, behavioral, or mental health disorder;
a substance misuse or use disorder, including alcohol misuse or use disorder; or
an intellectual, developmental, physical, or sensory disability.
“Residential child care program” does not include:
a hospital licensed by the State;
a detention facility licensed by the State;
a youth correctional facility;
a substance abuse treatment facility;
a foster family home:
that provides 24–hour substitute care for children placed away from their parents or guardians;
for which the State child welfare services agency has placement and care responsibility; and
that is licensed and regulated by the State as a foster family home; or
any other secure facility.
“Youth transportation company” means a business that specializes in transporting a child to a residential child care program.
When the final intended destination is a residential child care program and subject to subsection (b) of this section, a youth transportation company may not use:
visual impairment, such as blindfolds and hoods;
mechanical restraints, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints, or other similar items; or
physical restraints, including holds, or other use of physical force to restrict free movement, unless:
the restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others; and
there are no less restrictive alternatives that will alleviate the substantial likelihood of imminent serious physical harm to the child or others.
Physical restraints may not be used:
as punishment;
for convenience; or
as a substitute for staff supervision.
Only youth transportation company staff who have been adequately trained in restraint device usage may use and apply restraints during transportation.
If restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others, the restraints may be used only as long as the imminent risk persists.
Except as provided in paragraph (2) of this subsection, when the final intended destination is a residential child care program, a youth transportation company may not pick up a child for transport to a residential child care program between the hours of 9 p.m. and 6 a.m.
Paragraph (1) of this subsection does not apply to a youth transportation company under contract with the Department of Human Services.
Subject to paragraph (2) of this subsection, the Attorney General may bring an action against a youth transportation company for a violation of § 8–716 of this subtitle.
In an action brought under this subsection, the Attorney General may seek:
injunctive relief; and
statutory damages up to:
$1,000 for a first offense; and
$3,000 for a subsequent offense.
Subject to paragraphs (2) and (3) of this subsection, an individual may bring an action against a youth transportation company for a violation of § 8–716 of this subtitle.
In an action brought under this subsection, the individual may seek:
restitution;
compensatory damages;
statutory damages up to $500 per violation; and
if awarded restitution or damages, reasonable attorney’s fees.
An action brought under this section shall be filed within 10 years after the date that the victim reaches the age of majority.