Human Services (GHU) — Title 9. Juvenile Services

With the advice and consent of the Senate, the Governor shall appoint the Secretary of Juvenile Services.

The Secretary is the head of the Department.

The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

The Secretary may adopt regulations to carry out the provisions of law that are within the jurisdiction of the Secretary.

The Secretary shall review and may revise the regulations of:

The Secretary is responsible for the coordination and direction of all planning that the office of the Secretary initiates.

The Secretary shall keep fully apprised of plans, proposals, and projects of each unit in the Department and, except as expressly provided otherwise, may approve, disapprove, or modify any of them.

The Secretary shall develop a State Comprehensive Juvenile Services 3–Year Plan.

The Plan shall:

The Plan shall be revised for each fiscal year and submitted, subject to § 2–1257 of the State Government Article, to the General Assembly by February 1 of each year.

The Secretary is responsible for the development, implementation, and maintenance of a comprehensive client information system, including an individual current record on each child, that is integrated in and accessible to the various units of the Department.

The Secretary shall undertake efforts to link the system to the Maryland Department of Health and the Department of Human Services for the purpose of allowing the exchange of information on clients served by each department.

Each employee using the information shall protect the confidentiality of client records.

Except as otherwise expressly provided by law, the Secretary may transfer, by regulation or written directive, any function, staff, or funds from any unit in the Department to the office of the Secretary or another unit in the Department.

Any staff transferred to the office of the Secretary shall be provided space, equipment, and services by the unit from which the staff was transferred, unless the Secretary orders removal to another location for the proper and efficient functioning of that office.

On or before January 1 of each year, the Secretary shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the recidivism rates of children committed to the Department for placement in residential care.

The report shall include:

The report shall include data from the prior 3 fiscal years.

The report shall include recidivism rates that are calculated for 1 year and 3 year time frames.

Each teacher who does not hold a certificate under Title 6, Subtitle 1 of the Education Article, principal, director of education, and supervisor of vocational education who is employed by an institution managed by the Department is in the management service of, or is a special appointment in, the State Personnel Management System.

Unless otherwise provided by law, the Secretary shall appoint and remove all staff in accordance with the State Personnel and Pensions Article.

Unless the Secretary grants express permission, an employee of the Department who is subject to subsection (b)(1) of this section may not engage in other employment while employed by the Department.

The Secretary may not unreasonably withhold express permission to engage in other employment.

If the Secretary grants permission to engage in other employment, the employee shall disclose to the Secretary the source and amount of all income earned from that other employment.

The appointment or removal of staff of a unit in the Department is subject to the approval of the Secretary.

The Secretary may delegate the power of approval established under paragraph (1) of this subsection to the head of the unit.

adopt a code of conduct for staff of the Department; and

require each private agency under contract with the Department to adopt a code of conduct for its staff that is in substantial compliance with the code of conduct for staff of the Department.

educational subsidies, scholarships, and stipends; and

institutes, conferences, and classes.

On or before the first day of employment with the Department, the Department shall apply to the Criminal Justice Information System Central Repository in the Department of Public Safety and Correctional Services for a federal and State criminal history records check for each employee of the Department.

The Criminal Justice Information System Central Repository shall provide the requested information in accordance with Title 10, Subtitle 2 of the Criminal Procedure Article.

If criminal history record information is reported to the Criminal Justice Information System Central Repository after the date of the criminal history records check, the Criminal Justice Information System Central Repository shall provide to the Department and the employee a revised printed statement of the employee’s criminal history record information.

a complete set of the employee’s legible fingerprints taken on standard fingerprint cards;

the mandatory processing fee required by the Federal Bureau of Investigation for a federal criminal history records check; and

the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.

The Attorney General shall designate one of the assistant Attorneys General as counsel to the Department.

The counsel to the Department may have no duty other than to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns.

The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and supervision of the Attorney General.

After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.

juvenile intake, detention authorization, community detention, investigation, probation, protective supervision, predelinquent diversion services, and aftercare services; and

the State juvenile diagnostic, training, detention, and rehabilitation institutions.

develop programs for predelinquent children whose behavior tends to lead to contact with law enforcement agencies;

promote predelinquent programs, including greater utilization of youth services bureaus under § 9–234 of this subtitle, that provide services to divert children from the juvenile justice system;

collaborate with local governments to encourage the use of predelinquent programs provided by youth services bureaus under § 9–234 of this subtitle in response to identified community needs; and

provide technical assistance to local governments and youth services bureaus under § 9–234 of this subtitle to identify alternative funding sources for predelinquent programs.

The Secretary may apply for, receive, and spend federal funds available for use in carrying out the powers and duties of the Secretary or the Department.

The Department may:

With the approval of the Secretary of Budget and Management, the Department shall accept, on behalf of the State, a conditional or unconditional gift or grant.

The Department shall pay all funds collected under paragraph (1) of this subsection into a special fund of the State Treasury and use the special fund to carry out the provisions of this title.

In this section, “confidential research record” means a record, report, statement, note, or other information that:

“Confidential research record” includes a record that was transferred to the custody of the Department by a predecessor agency.

the State Department of Education;

the Department of General Services;

the Maryland Department of Health;

the Department of Human Services;

the Maryland Department of Labor;

the Department of Public Safety and Correctional Services; and

each other agency needed to accomplish these objectives.

The Department shall cooperate with the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article by:

efforts by the Department to promote predelinquent programs, including youth service bureaus;

efforts by the Department to collaborate with and provide technical assistance to local governments regarding the establishment, use, and funding of youth service bureaus;

an assessment of the programs and activities conducted by youth service bureaus; and

any other efforts to prevent youth offenses.

the average length of stay of youth awaiting committed placement in a juvenile detention facility;

the average length of time a youth spends in detention, community detention, or shelter care awaiting a decision under § 3–8A–06 of the Courts Article.

the Alfred D. Noyes Children’s Center;

the Baltimore City Juvenile Justice Center;

the Charles H. Hickey, Jr. School;

the Cheltenham Youth Facility;

the Lower Eastern Shore Children’s Center;

the Thomas J. S. Waxter Children’s Center;

the Victor Cullen Center;

the Western Maryland Children’s Center;

the Garrett Children’s Center; and

the youth centers.

subject to Title 3, Subtitles 8 and 8A of the Courts Article, adopt regulations that set:

adopt regulations applicable to residential facilities it operates that:

adopt regulations that require each State residential program to provide:

The Department shall adopt a policy to govern disciplinary actions and grievances in its facilities.

The policy shall:

the Department;

the Juvenile Division of the Circuit Court for Baltimore City;

an office of the State’s Attorney for Baltimore City;

an office of the Baltimore City Department of Social Services;

Baltimore City police services; and

courthouse security services of the Sheriff of Baltimore City.

for purposes of positive identification, obtain photographs and fingerprints and submit them to:

conduct a criminal and juvenile history records check; and

conduct an automated search for outstanding warrants and writs of attachment.

After the processing of fingerprints, the Criminal Justice Information System Central Repository shall provide to the Department, in accordance with State and federal law, information concerning children taken into custody under subsection (c) of this section.

Information concerning a child disseminated from the Criminal Justice Information System Central Repository is a police record under § 10-101(h) of the Criminal Procedure Article and may not be redisseminated except in accordance with § 3-8A-27(a) of the Courts Article.

the managing director of the Baltimore City Juvenile Justice Center is its chief administrator; and

the director of detention of the Baltimore City Juvenile Justice Center is its administrator of juvenile detention.

The Department shall reimburse the entities described in subsection (a) of this section for the cost of the services at appropriate monthly rates that the Department determines, as provided in the State budget.

The Department may establish different reimbursement rates for homes and institutions that provide intermediate services and homes and institutions that provide full services.

to provide community–oriented delinquency prevention, youth suicide prevention, drug and alcohol abuse prevention, and youth development;

to ameliorate conditions that contribute to delinquency, youth suicide, drug and alcohol abuse, and family disruption; and

to function as an advocate of youth needs.

The Department shall adopt regulations that set eligibility guidelines for State funding of youth services bureaus under this section.

The regulations shall require that each youth services bureau that receives State funding:

A youth services bureau may retain any fees charged under subsection (b)(2)(ii) of this section.

The fees authorized under subsection (b)(2)(ii) of this section do not apply to youth referred to a youth services bureau by court order.

The Department shall:

The Department shall review and approve or disapprove an application for State funding of a youth services bureau or proposed youth services bureau.

At the times that the Department specifies, each eligible youth services bureau shall submit a proposed annual budget to the Department for review and approval.

The proposed budget of the Department shall list the eligible youth services bureaus and estimate the amount of State funds to be allocated to each.

all children whose care is the responsibility of the State shall have similar protection for their health, their safety, and the quality of their care; and

the regulations of State units that are charged with child care shall be comparable.

to carry out §§ 9–235 and 9–236 of this subtitle; and

that require each juvenile care facility to:

a parent of the child;

an individual related to the child by blood or marriage within 4 degrees of consanguinity under the civil law rule;

a guardian of the child;

a person who exercises temporary custody or control over the child at the request of a parent or guardian of the child and who is not required otherwise to be licensed;

a person who has the care, custody, or control of the child through placement by a parent or grandparent of the child in contemplation of adoption, if the requirements of § 5–507(b)(2) and (c) of the Family Law Article are met;

an institution that has a child care institution license under this subtitle or § 5–509 of the Family Law Article;

an institution operated by a unit of the State or a political subdivision; or

a foster care provider with whom the child is placed by:

an institution or facility operated by a unit of the State or a political subdivision; or

a child care home that has a license under this subtitle or § 5-508 of the Family Law Article.

to protect the public;

to provide a safe, humane, and caring environment for children; and

to provide access to required services for children.

a policy that eliminates the unnecessary use of detention and that prioritizes diversion and appropriate nonsecure alternatives;

criteria for the placement of a child in a particular juvenile detention facility;

population limits for each juvenile detention facility that may not be exceeded except in emergency circumstances;

a requirement that staffing ratios and levels of services be maintained during emergencies;

specifications for the architectural structure of a juvenile detention facility;

staff qualifications and training, including training in recognizing and reporting child abuse and neglect;

the ratio of staff to children in a juvenile detention facility;

the rights of children in a juvenile detention facility, including the right to privacy, visitors, telephone use, and mail delivery;

prohibitions against the use of excessive force against a child;

internal auditing and monitoring of programs and facilities in the juvenile services system;

prohibitions against the use of physical restraints on an individual known to be in the third trimester of pregnancy or during labor, delivery, or postpartum recovery, including during all transports, unless a facility superintendent or the facility superintendent’s designee determines that a physical restraint is necessary to protect the individual from harming herself or others or to prevent the individual’s escape from custody; and

a policy concerning a safety plan for the safety of juveniles detained in a facility, including:

ensures the safety of the community and the children served;

holds delinquent children accountable to victims and communities;

assists children to develop competencies to become successful members of society;

delivers services on a regional basis through at least four operational regions;

uses detention and committed facilities that are operationally separate from each other and that do not share common program space, including dining halls and educational or recreational facilities; and

provides females with a range and quality of services and programs to meet their specific needs, including:

include at least one secure facility used solely for children pending court disposition and children awaiting placement after disposition;

except for specialized services as provided in subsection (c) of this section, include a number of committed facilities estimated to be necessary to diagnose, care for, train, educate, and properly rehabilitate every child from the region in the custody of the Department; and

include a nonpublic facility only if the Department determines that the facility:

In this section the following words have the meanings indicated.

“Step-down aftercare” means:

“Step-down aftercare plan” means an individualized plan for each child in step-down aftercare that proposes specific assistance, guidance, treatment, services, and supervision that:

A child discharged from a committed residential placement shall receive step-down aftercare for the period that the Department determines.

A child in step-down aftercare shall receive:

prepare a step-down aftercare plan for each child assigned to the step-down aftercare program and file the plan with the Department;

keep regular records concerning the progress of each child;

file with the Department a monthly progress report on each child; and

file with the Department an annual report on the outcome of step-down aftercare plans for the children in the step-down aftercare program, that includes to the extent possible:

The Secretary shall establish a Program to attempt to provide a volunteer mentor for each child in the State who has spent at least 30 days in a committed placement.

The Program shall be called “Maryland Rising”.

to decrease the child’s delinquent or violent behavior in the community; and

to increase the child’s potential for becoming a productive, successful member of the community.

To carry out the purpose of the Program, the Department shall develop a statewide network of State agencies, community agencies, citizen action groups, social services providers, volunteer organizations, college student groups, and other groups who will recruit volunteer mentors for the Program.

A mentor shall have frequent contact with the child and may provide the following services to the child:

Except for predelinquent diversion services, the Secretary shall provide sufficient staff to operate the programs described in subsection (a) of this section.

The staff of the Department is under the immediate direction and control of the Secretary.

study the problem of the units of work that are involved in the juvenile courts; and

establish a system for units of work.

On the basis of the comparative workload of any juvenile court, the Secretary shall provide the court with adequate staff and an adequate variety of staff.

Unless the judges of the court consent, a juvenile court may not be assigned a smaller staff than authorized as of July 1, 1986.

Within the formula described in this section, a judge of any juvenile court may request the additional clerical and professional court service staff that the workload of the court requires.

The Secretary shall consider and respond to a request under paragraph (1) of this subsection in accordance with §§ 9-241 and 9-243 of this subtitle.

The Department shall provide liability insurance for foster parents who care for children under foster parent programs.

Subject to a reasonable deductible limit that the Department sets, the liability insurance shall cover:

Subject to paragraph (2) of this subsection, the Secretary shall reimburse a foster parent for the costs of bodily injury or property damage that the foster child causes to the foster parent and that insurance does not cover, if the Secretary is satisfied that the actions of the foster parent did not contribute substantially to the bodily injury or property damage.

There is a youth welfare fund in each facility of the Department of Juvenile Services.

A fund shall be used for goods and services that benefit the general youth population in the facility.

Each fund is a special continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

Each fund consists of:

Money from the General Fund of the State may not be transferred by budget amendment or other manner to a fund.

The Treasurer shall hold each fund separately, and the Comptroller shall account for each fund.

Each fund is subject to an audit by the Office of Legislative Audits under § 2–1220 of the State Government Article.

the number of juveniles under the Department’s supervision in the preceding year who:

the actions that the Department took after the incidents described in item (1) of this subsection, including the timeline of the actions;

the age of each juvenile described in item (1) of this subsection; and

the county of residence of each juvenile described in item (1) of this subsection.

each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others;

each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence; and

Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

to ensure that the adjudicated juveniles and status offenders subject to this Compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;

to ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;

to return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return;

to make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;

to provide for the effective tracking and supervision of juveniles;

to equitably allocate the costs, benefits, and obligations of the compacting states;

to establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders;

to insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

to establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this Compact;

to establish a system of uniform data collection on information pertaining to juveniles subject to this Compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators;

to monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;

to coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and

to coordinate the implementation and operation of the Compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise.

“Juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission.

“Juvenile” includes:

“Rule” means a written statement by the Interstate Commission promulgated pursuant to Article VI of this Compact that:

“Rule” includes the amendment, repeal, or suspension of an existing rule.

The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the Compact Administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.

In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional ex officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the Commission.

oversee the day–to–day activities of the administration of the Compact managed by an executive director and Interstate Commission staff;

administer enforcement and compliance with the provisions of the Compact, its bylaws, and rules; and

perform such other duties as directed by the Interstate Commission or set forth in the bylaws.

relate solely to the Interstate Commission’s internal personnel practices and procedures;

disclose matters specifically exempted from disclosure by statute;

disclose trade secrets or commercial or financial information which is privileged or confidential;

involve accusing any person of a crime, or formally censuring any person;

disclose information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy;

disclose investigative records compiled for law enforcement purposes;

disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.

to provide for dispute resolution among compacting states;

to promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this Compact;

to oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this Compact and any bylaws adopted and rules promulgated by the Interstate Commission;

to enforce compliance with the Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to, the use of judicial process;

to establish and maintain offices which shall be located within one or more of the compacting states;

to purchase and maintain insurance and bonds;

to borrow, accept, hire, or contract for services of personnel;

to establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;

to elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;

to accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same;

to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;

to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

to establish a budget and make expenditures and levy dues as provided in Article VIII of this Compact;

to sue and be sued;

to adopt a seal and bylaws governing the management and operation of the Interstate Commission;

to perform such functions as may be necessary or appropriate to achieve the purposes of this Compact;

to report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;

to coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity; and

to establish uniform standards of the reporting, collecting, and exchanging of data.

establishing the fiscal year of the Interstate Commission;

establishing an executive committee and such other committees as may be necessary;

providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;

providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

establishing the titles and responsibilities of the officers of the Interstate Commission;

providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;

providing “start–up” rules for initial administration of the Compact; and

establishing standards and procedures for compliance and technical assistance in carrying out the Compact.

The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission.

The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.

The Interstate Commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

publish the proposed rule’s entire text stating the reason for that proposed rule;

allow and invite persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available;

provide an opportunity for an informal hearing if petitioned by 10 or more persons; and

promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this Compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

The courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the Compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the Compact as well as issues and activities pertaining to compliance with the provisions of the Compact and its bylaws and rules.

The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the Compact and which may arise among compacting states and between compacting and noncompacting states.

The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

Once effective, the Compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the Compact by specifically repealing the statute which enacted the Compact into law.

The effective date of withdrawal is the effective date of the repeal.

The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.

The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.

If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this Compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this Compact, the bylaws, or duly promulgated rules and any other grounds designated in Commission bylaws and rules.

The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Commission, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this Compact shall be terminated from the effective date of termination. Within 60 days of the effective date of termination of a defaulting state, the Commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the State Council of such termination.

The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

Reinstatement following termination of any compacting state requires both a reenactment of the Compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

The Compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the Compact to one compacting state.

Upon dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

Nothing in this subtitle prevents the enforcement of any other law of a compacting state that is not inconsistent with this Compact.

All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this Compact are superseded to the extent of the conflict.

All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this Compact becomes effective.

operated under the authority of:

program that:

nonresidential program that under contract to the State provides educational, vocational, recreational, counseling, or other day services to youth.

An application shall be filed with the Department in the form the Department requires.

The applicant shall file with the Department a statement that includes:

report the application to the Board of Public Works; and

recommend that the Board make funds available as provided in this subtitle.

all eligible applications;

the total of unallocated State funds available when the application is received; and

the priorities of area need that the Department establishes.

make allocations of funds available for the Juvenile Services Facilities Capital Program in accordance with this subtitle; and

certify the allocations to the Comptroller and the Treasurer.

A State grant may be used only to plan, design, construct, convert, acquire, renovate, and equip a juvenile facility, including related reports, plans, specifications, site improvements, surveys, and programs.

Any available federal or other grant shall be applied first to the cost of planning, design, construction, conversion, acquisition, renovation, or equipping of a juvenile facility.

A State grant may not exceed 50% of the cost of eligible work remaining unpaid after all federal and other grants have been applied.

A State grant may not be used:

On request of the Board of Public Works, an applicant shall submit evidence satisfactory to the Board that a grant is not being used and has not been used for a purpose prohibited under this section.

does not create a lien against the property; but

constitutes notice to any potential transferee, potential creditor, or other interested person that the State may obtain a lien under this subtitle.

is sold or transferred to a person that:

ceases to be a juvenile facility.

transferor;

transferee; or

owner of a property that has ceased to be a juvenile facility.

an amount that equals the value of the project property at the time of the recovery multiplied by a fraction:

all costs and reasonable attorney’s fees incurred in the recovery proceedings.

If a default described in § 9-406(a) of this subtitle is alleged, the Secretary of the Board of Public Works may file a civil action under this subtitle in the circuit court of the county in which the property is located against the owner of the property and any other interested parties, including any transferor.

The initial filing shall include affidavits stating facts on which the allegations of default are based and a detailed justification of the amount claimed.

If the court determines from the State’s initial filing that there is probable cause to believe that a default described in § 9–406(a) of this subtitle has occurred, the court shall authorize a temporary lien on the property pending full determination of the State’s claim.

The temporary lien shall be in the amount of the State’s claim, plus any additional amount estimated to be necessary to cover the costs and reasonable attorney’s fees incurred by the State, or another amount that the court determines is reasonable.

The temporary lien takes effect:

While the temporary lien is in effect, the owner or any person who acquired an interest in the property after the State first made funds available under this subtitle may not take an action that would affect the title to the property or institute proceedings to enforce a security interest or other similar rights in the property, without the prior written consent of the State.

The owner or any other interested party may obtain release of the temporary lien at any time by filing with the court a bond securing the payment in full of the amount described in subsection (b)(2) of this section.

The owner or other interested party may cause the release to be recorded in the land records of the county in which the property is located.

After a full adversary proceeding, if the court finds that a default described in § 9-406(a) of this subtitle has occurred, the court shall issue a final judgment for the amount the court finds to be recoverable by the State.

All parties involved in the default, including the owner of the property, shall be held jointly and severally liable to the State for the amount of the judgment.

If the court does not find that a default described in § 9-406(a) of this subtitle has occurred or if the court’s judgment is paid in full to the State within 30 days after the court’s final order, any temporary lien shall be released immediately and the Secretary of the Board of Public Works shall cause the release to be recorded in the land records of the county in which the property is located.

A lien under this section takes effect on the later of:

The owner or any other interested party may obtain release of a lien under this section by paying to the State the full amount of the judgment entered by the circuit court, and any interest that has accrued from the date of judgment.

On payment in full, the Secretary of the Board of Public Works shall cause a release to be recorded in the land records of the county in which the property is located.

The Secretary shall adopt regulations to carry out this subtitle.

The regulations shall require each juvenile facility to submit certified financial statements annually for at least the term of the bonds used to finance any project at that juvenile facility.

The regulations may require the submission of other reports.

receiving applications;

considering applications; and

disbursing funds to or on behalf of applicants.

The Board shall be included as a unit within the Department for purposes of the Department’s annual operating budget.

The programs overseen by the Board shall be included in the Board’s budget.

Subject to paragraph (2) of this subsection, the following support services for the Board shall be provided by existing units in the Department and the cost of any necessary support provided to the Board should be included in the budgets of those units:

the Secretary;

the Secretary of Higher Education, or the Secretary’s designee;

the State Superintendent of Schools, or the State Superintendent’s designee;

a representative of the Public School Superintendents’ Association of Maryland, appointed by the Governor with the advice and consent of the Senate;

the Attorney General of the State, or the Attorney General’s designee;

one educator employed by the State who is engaged in the education of juveniles residing in a residential facility; and

five members appointed by the Governor with the advice and consent of the Senate.

The candidate who receives the highest number of votes in an election by the educators employed by the Department shall be the educator member.

The term of the educator member is 4 years.

At the end of a term, the educator member continues to serve until a successor is elected and qualifies.

The Department shall adopt regulations to conduct the election of the educator member.

The educator member may not vote on any matter that relates to appeals to the State Board of Education under § 6–202 of the Education Article.

To the extent practicable, the appointed members of the Board shall reflect the diversity of the population of juveniles in the State.

The appointed members of the Board shall possess a high level of knowledge and expertise in at least one of the following areas:

The term of an appointed member is 4 years.

The terms of appointed members are staggered as required by the terms provided for members of the Board on June 1, 2025.

At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

An appointed member who is appointed after a term begins serves only for the remainder of the term and until a successor is appointed and qualifies.

Subject to paragraph (6) of this subsection, an appointed member is eligible for reappointment but may not serve more than two consecutive terms.

A member appointed after a term begins is eligible for reappointment to two consecutive full terms.

To the extent practicable, the Governor shall fill any vacancy for an appointed member on the Board within 60 days of the vacancy.

a quorum of a majority of the voting members then serving; and

the affirmative vote of a majority of the voting members then serving.

develop, recommend, and approve for every residential facility an educational training program that:

in consultation with the Juvenile Justice Monitoring Unit and the Department, develop minimum standards and a reporting structure to measure educational outcomes and assess implementation of the Juvenile Services Education Program;

review a quality assurance report developed by the Department each quarter; and

conduct a performance review of the Superintendent at least once every 4 years.

The Board shall meet publicly in the State at least 10 times per year and, except as provided in paragraph (2) of this subsection, not more than once per month at the times determined by:

A special meeting of the Board that does not count toward the monthly limit may be called by:

maintain minutes of its meetings and any other records that it considers necessary;

on request, provide information regarding its budget, activities, and programs; and

allow time for public comment at each of its meetings.

implement and administer the educational programs approved by the Board;

oversee the education of every juvenile in a residential facility;

meet with and advise the Board about educational programs and outcomes for juveniles;

select, organize, and direct the staff of the Juvenile Services Education Program;

ensure that the policies and decisions of the Board are carried out;

coordinate with the Department to ensure that the operation of juvenile educational services are integrated with the noneducational operations of the Department; and

perform any other duties assigned by the Board.

is entitled to the salary provided in the State budget; and

serves at the pleasure of the Board.

must be an experienced and competent educator;

must be a graduate of an accredited college or university;

must have at least 2 years of special academic and professional graduate preparation in an accredited college or university;

must have at least 7 years of experience in teaching and administration; and

may not be a current member of the Board or have been a member of the Board at any time during the year immediately preceding the appointment.

Beginning July 1, 2022, the Department and the Board, subject to the memorandum of understanding, jointly shall have the authority and responsibility for implementing the juvenile services educational programs in the State.

The Superintendent shall provide and oversee educational services to all juveniles in a residential facility.

meets the special needs and circumstances of the juveniles in the residential facility; and

is accredited by an approved accrediting agency.

The Department, subject to the memorandum of understanding, shall employ any staff necessary to carry out the Juvenile Services Education Program as provided in the State budget.

Educational staff in the Department shall be subject to the career ladder and salary provisions under Title 6, Subtitle 10 of the Education Article.

Notwithstanding any other provisions of law, each teacher in the Juvenile Services Education Program who is employed by the Department is in the professional service in the State Personnel Management System.

The Department shall notify a juvenile in custody of the juvenile’s educational rights.

A juvenile in the custody of the Department who is enrolled in a public school at the time the juvenile is taken into custody may not be disenrolled from that school until after disposition of the juvenile’s case.

The public school in which a juvenile under paragraph (2) of this subsection is enrolled shall provide the Department with the educational materials necessary for the juvenile to remain current with the juvenile’s educational program at the school in which the juvenile is enrolled.

is designed to meet the juvenile’s individual needs; and

ensures that, to the extent practicable, the juvenile is able to seamlessly reintegrate into the juvenile’s home school.

The Superintendent shall offer a minimum of 2.5 hours of a postsecondary education program per weekday to juveniles in the custody of the Department who have:

The Board may authorize the Department to contract with a nonprofit private party, community college, or any other institution of postsecondary education in the State to provide the services required by this subsection.

is in a facility or residential facility;

is in the custody of the Department for 15 consecutive days or more;

does not meet the criteria for shared State and local payment of educational costs as provided in §§ 8–406 and 8–415 of the Education Article; and

was included in the full–time equivalent enrollment of the county as calculated under § 5–201 of the Education Article.

On or before December 1, 2022, and each December 1 thereafter, the Superintendent with the aid of the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the aggregate educational outcomes of the programs required by this subtitle at each residential facility.

The Superintendent’s report shall include:

The Superintendent shall report the information required under paragraph (2) of this subsection in the aggregate and disaggregated by:

investigation by the Maryland Office of the Inspector General for Education; and

oversight and monitoring by the State Department of Education and State Board of Education.

On or before January 1, 2024, the Department shall contract with a public or private entity to conduct an empirical evaluation of the Board’s, the Superintendent’s, and the Department’s policies and practices regarding the educational services provided to juveniles in residential facilities.

In conducting the study required under this subsection, the entity with which the Department contracts shall review the effectiveness of the Board’s, the Superintendent’s, and the Department’s current policies and practices, including: