<section article="ghu" article_name="Human Services" number="9-101" title_number="9" title_name="Juvenile Services" subtitle_number="1" subtitle_name="Definitions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Department” means the Department of Juvenile Services.</text> </level> <level label="c"> <text>“Secretary” means the Secretary of Juvenile Services.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-201" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>There is a Department of Juvenile Services established as a principal department of State government.</text> </section> <section article="ghu" article_name="Human Services" number="9-202" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <level label="1"> <text>With the advice and consent of the Senate, the Governor shall appoint the Secretary of Juvenile Services.</text> </level> <level label="2"> <text>The Secretary is the head of the Department.</text> </level> </level> <level label="b"> <text>Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.</text> </level> <level label="c"> <level label="1"> <text>The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <text>The Secretary is entitled to the compensation provided in the State budget.</text> </level> <level label="e"> <text>The Secretary shall have a seal.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-203" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.</text> </level> <level label="b"> <text>The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-204" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Secretary shall carry out and enforce this title, the regulations of the Department, and any other provision of law that relates to the Secretary or the Department.</text> </level> <level label="b"> <level label="1"> <text>The Secretary may adopt regulations to carry out the provisions of law that are within the jurisdiction of the Secretary.</text> </level> <level label="2"> <text>The Secretary shall review and may revise the regulations of:</text> <level label="i"> <text>each unit in the Department that is authorized by law to adopt regulations; and</text> </level> <level label="ii"> <text>the Department.</text> </level> </level> </level> <level label="c"> <text>The Secretary is responsible for the budget of the Department and for the budget of each unit in the Department.</text> </level> <level label="d"> <text>The Secretary may create any advisory council that the Secretary considers necessary and assign appropriate functions to it.</text> </level> <level label="e"> <level label="1"> <text>The Secretary is responsible for the coordination and direction of all planning that the office of the Secretary initiates.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="f"> <level label="1"> <text>The Secretary shall develop a State Comprehensive Juvenile Services 3–Year Plan.</text> </level> <level label="2"> <text>The Plan shall:</text> <level label="i"> <text>include an inventory of all in–day treatment programs and residential care programs and an accounting of the residence of all clients;</text> </level> <level label="ii"> <text>include an inventory of nonresidential treatment programs;</text> </level> <level label="iii"> <text>specify the needs of the various areas of services for clients, including alcohol and drug abuse rehabilitation services;</text> </level> <level label="iv"> <text>specify the needs of clients, including predelinquent diversion services programs;</text> </level> <level label="v"> <text>establish priorities for the different services needed;</text> </level> <level label="vi"> <text>set standards for the quality of residential services and outreach services;</text> </level> <level label="vii"> <text>include a program dedicated to reducing recidivism rates of clients;</text> </level> <level label="viii"> <text>include programs dedicated to diverting children from the juvenile justice system;</text> </level> <level label="ix"> <text>include programs developed for youth at the highest risk of becoming victims or perpetrators of gun violence;</text> </level> <level label="x"> <text>include programs developed specifically for individuals at least 10 years old and under the age of 15 years who are at the highest risk of becoming victims or perpetrators of gun violence;</text> </level> <level label="xi"> <text>include programs developed for youth involved in motor vehicle theft; and</text> </level> <level label="xii"> <text>include any other matters that the Secretary considers appropriate.</text> </level> </level> <level label="3"> <text>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.</text> </level> </level> <level label="g"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>Each employee using the information shall protect the confidentiality of client records.</text> </level> </level> <level label="h"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="i"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The report shall include:</text> <level label="i"> <text>recidivism rates for all children committed to the Department for placement in residential care;</text> </level> <level label="ii"> <text>recidivism rates by region for all children committed to the Department for placement in residential care; and</text> </level> <level label="iii"> <text>recidivism rates for each residential care program in which a child committed to the Department is placed.</text> </level> </level> <level label="3"> <text>The report shall include data from the prior 3 fiscal years.</text> </level> <level label="4"> <text>The report shall include recidivism rates that are calculated for 1 year and 3 year time frames.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-205" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>Each unit in the Department shall report to the Secretary as provided in the regulations or written directives that the Secretary adopts.</text> </section> <section article="ghu" article_name="Human Services" number="9-206" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>With the approval of the Governor, the Secretary may appoint three deputy secretaries as necessary.</text> </level> <level label="b"> <text>The deputy secretaries:</text> </level> <level label="1"> <text>serve at the pleasure of the Secretary; and</text> </level> <level label="2"> <text>are entitled to the compensation provided in the State budget.</text> </level> <level label="c"> <text>The deputy secretaries have the duties provided by law or delegated by the Secretary.</text> </level> <level label="d"> <text>The Secretary shall designate a deputy secretary to be the Acting Secretary when the Secretary is absent from the State or otherwise unavailable.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-207" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>In accordance with the State budget, the Secretary may employ a staff and retain consultants.</text> </level> <level label="b"> <level label="1"> <level label="i"> <text>The Secretary shall appoint:</text> <level label="1"> <text>any assistant secretary;</text> </level> <level label="2"> <text>any director of an institution;</text> </level> <level label="3"> <text>the superintendent of the youth centers; and</text> </level> <level label="4"> <text>the managing director, deputy director, and director of detention at the Baltimore City Juvenile Justice Center.</text> </level> </level> <level label="ii"> <text>An employee of the Department specified in subparagraph (i) of this paragraph:</text> <level label="1"> <text>is in the executive service or management service of the State Personnel Management System; and</text> </level> <level label="2"> <text>serves at the pleasure of the Secretary.</text> </level> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>Unless otherwise provided by law, the Secretary shall appoint and remove all staff in accordance with the State Personnel and Pensions Article.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Secretary may not unreasonably withhold express permission to engage in other employment.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="d"> <level label="1"> <text>The appointment or removal of staff of a unit in the Department is subject to the approval of the Secretary.</text> </level> <level label="2"> <text>The Secretary may delegate the power of approval established under paragraph (1) of this subsection to the head of the unit.</text> </level> </level> <level label="e"> <text>The Department shall:</text> <level label="1"> <text>adopt a code of conduct for staff of the Department; and</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-208" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>In cooperation with the Secretary of Budget and Management, the Secretary shall:</text> <level label="1"> <text>set minimum salaries, qualifications, and standards of training and experience for the positions in the Department; and</text> </level> <level label="2"> <text>for employees who desire training in addition to in-service training and whose service records show merit, provide:</text> <level label="i"> <text>educational subsidies, scholarships, and stipends; and</text> </level> <level label="ii"> <text>institutes, conferences, and classes.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-209" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Criminal Justice Information System Central Repository shall provide the requested information in accordance with Title 10, Subtitle 2 of the Criminal Procedure Article.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <text>As part of the application for a criminal history records check, the Department shall submit to the Criminal Justice Information System Central Repository:</text> <level label="1"> <text>a complete set of the employee’s legible fingerprints taken on standard fingerprint cards;</text> </level> <level label="2"> <text>the mandatory processing fee required by the Federal Bureau of Investigation for a federal criminal history records check; and</text> </level> <level label="3"> <text>the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-210" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Attorney General is the legal adviser to the Department.</text> </level> <level label="b"> <text>The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and, as provided in the State budget, any additional assistant Attorneys General necessary to give effective legal advice and counsel.</text> </level> <level label="c"> <level label="1"> <text>The Attorney General shall designate one of the assistant Attorneys General as counsel to the Department.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and supervision of the Attorney General.</text> </level> <level label="4"> <text>After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-216" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Department is the central administrative department for:</text> <level label="1"> <text>juvenile intake, detention authorization, community detention, investigation, probation, protective supervision, predelinquent diversion services, and aftercare services; and</text> </level> <level label="2"> <text>the State juvenile diagnostic, training, detention, and rehabilitation institutions.</text> </level> </level> <level label="b"> <text>The Department shall:</text> <level label="1"> <text>develop programs for predelinquent children whose behavior tends to lead to contact with law enforcement agencies;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>provide technical assistance to local governments and youth services bureaus under § 9–234 of this subtitle to identify alternative funding sources for predelinquent programs.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-217" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>The Department may:</text> <level label="1"> <text>designate any public or private agency or organization in the State as its agent for the purposes of this title; and</text> </level> <level label="2"> <text>spend funds to aid that agent or to buy services from it or, if adequate services are not available in the State, to buy services from an agency or organization outside the State.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-218" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Department may:</text> <level label="i"> <text>accept, manage, and dispose of federal funds and commodities; and</text> </level> <level label="ii"> <text>take advantage of any available federal program or grant or other public or private assistance that accomplishes or furthers the objectives of this title.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>Except as provided in subsection (b) of this section or otherwise provided by law, the Secretary shall pay all money collected by the Department under this title into the General Fund of the State.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-219" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <level label="1"> <text>In this section, “confidential research record” means a record, report, statement, note, or other information that:</text> <level label="i"> <text>is assembled or obtained for research or study by the Department or the Secretary; and</text> </level> <level label="ii"> <text>names or otherwise identifies a person.</text> </level> </level> <level label="2"> <text>“Confidential research record” includes a record that was transferred to the custody of the Department by a predecessor agency.</text> </level> </level> <level label="b"> <text>Each confidential research record shall remain in the custody and control of the Department.</text> </level> <level label="c"> <text>A confidential research record may be used only for the research and study for which it was assembled or obtained.</text> </level> <level label="d"> <text>A person may not disclose a confidential research record to any person who is not engaged in the research or study for which it was assembled or obtained.</text> </level> <level label="e"> <text>This section does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of a confidential record.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-220" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>The Department shall have a unit for research and development that shall:</text> <level label="1"> <text>compile accurate statistics and reliable information on all aspects of the juvenile program of the State;</text> </level> <level label="2"> <text>monitor current developments in the field of juvenile services;</text> </level> <level label="3"> <text>assess existing programs and activities, including youth services bureaus;</text> </level> <level label="4"> <text>help develop new or improved means, including greater utilization of youth services bureaus under § 9-233 of this subtitle, to prevent juvenile offenses and control and treat juvenile offenders;</text> </level> <level label="5"> <text>if necessary, initiate studies to help the Secretary in general planning and program development for the Department; and</text> </level> <level label="6"> <text>for these and related purposes, use research and information available from all sources.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-221" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>To carry out the objectives of this title, the following State units shall cooperate fully with the Department:</text> <level label="1"> <text>the State Department of Education;</text> </level> <level label="2"> <text>the Department of General Services;</text> </level> <level label="3"> <text>the Maryland Department of Health;</text> </level> <level label="4"> <text>the Department of Human Services;</text> </level> <level label="5"> <text>the Maryland Department of Labor;</text> </level> <level label="6"> <text>the Department of Public Safety and Correctional Services; and</text> </level> <level label="7"> <text>each other agency needed to accomplish these objectives.</text> </level> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>providing the Unit with access to all facilities, reports, and records relating to a child on request;</text> </level> <level label="ii"> <text>allowing the juvenile justice monitors to conduct interviews with staff, children, and any other individuals on request; and</text> </level> <level label="iii"> <text>submitting corrective action plans and incident reports to the Unit in response to findings and recommendations made by the juvenile justice monitors regarding a facility.</text> </level> </level> <level label="2"> <level label="i"> <text>The Department shall respond to requests for information from a juvenile justice monitor concerning a facility within 30 days after the date of the request.</text> </level> <level label="ii"> <text>If the Department does not respond to a request for information, the monitor may conduct a reasonable investigation relating to the original request for information.</text> </level> </level> </level> <level label="c"> <text>The Department shall cooperate with the State Department of Education to establish educational programs as required under Title 22, Subtitle 3 of the Education Article.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-222" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>Title 3, Subtitle 8A of the Courts Article governs detention, adjudication, disposition, and place and period of commitment of children in need of supervision and delinquent children.</text> </level> <level label="b"> <text>The Department shall be subject to State finance and procurement laws under the State Finance and Procurement Article.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-223" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>It is the policy of the State that the Department comply with the provisions of §§ 3-802 and 3-8A-02 of the Courts Article.</text> </section> <section article="ghu" article_name="Human Services" number="9-224" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>On or before October 1, 2025, and each October 1 thereafter, the Department shall report to the Senate Judicial Proceedings Committee and the House Judiciary Committee, in accordance with § 2–1257 of the State Government Article, on:</text> <level label="1"> <text>efforts by the Department to promote predelinquent programs, including youth service bureaus;</text> </level> <level label="2"> <text>efforts by the Department to collaborate with and provide technical assistance to local governments regarding the establishment, use, and funding of youth service bureaus;</text> </level> <level label="3"> <text>an assessment of the programs and activities conducted by youth service bureaus; and</text> </level> <level label="4"> <text>any other efforts to prevent youth offenses.</text> </level> </level> <level label="b"> <text>On or before October 1, 2027, and each October 1 thereafter, the Department, in consultation with the Governor’s Office of Crime Prevention and Policy and the Administrative Office of the Courts, shall report to the Commission on Juvenile Justice and Emerging and Best Practices and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:</text> <level label="1"> <text>the average length of stay of youth awaiting committed placement in a juvenile detention facility;</text> </level> <level label="2"> <level label="i"> <text>the total number of cases in which the juvenile court is petitioned to waive its jurisdiction under § 3–8A–06 of the Courts Article;</text> </level> <level label="ii"> <text>the total number of cases in which the juvenile court waives its jurisdiction under § 3–8A–06 of the Courts Article; and</text> </level> <level label="iii"> <text>the total number of cases in which the juvenile court declines to waive its jurisdiction under § 3–8A–06 of the Courts Article;</text> </level> </level> <level label="3"> <level label="i"> <text>the total number of cases in which a court is petitioned to transfer the case to juvenile court under § 4–202 of the Criminal Procedure Article;</text> </level> <level label="ii"> <text>the total number of cases in which a court transfers the case to juvenile court under § 4–202 of the Criminal Procedure Article; and</text> </level> <level label="iii"> <text>the total number of cases in which a court declines to transfer the case to juvenile court under § 4–202 of the Criminal Procedure Article; and</text> </level> </level> <level label="4"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-226" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Department may establish and operate the facilities that are necessary to properly diagnose, care for, educate, and rehabilitate children who need these services.</text> </level> <level label="b"> <text>The facilities described in subsection (a) of this section include:</text> <level label="1"> <text>the Alfred D. Noyes Children’s Center;</text> </level> <level label="2"> <text>the Baltimore City Juvenile Justice Center;</text> </level> <level label="3"> <text>the Charles H. Hickey, Jr. School;</text> </level> <level label="4"> <text>the Cheltenham Youth Facility;</text> </level> <level label="5"> <text>the Lower Eastern Shore Children’s Center;</text> </level> <level label="6"> <text>the Thomas J. S. Waxter Children’s Center;</text> </level> <level label="7"> <text>the Victor Cullen Center;</text> </level> <level label="8"> <text>the Western Maryland Children’s Center;</text> </level> <level label="9"> <text>the Garrett Children’s Center; and</text> </level> <level label="10"> <text>the youth centers.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-227" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>Each facility described in § 9-226 of this subtitle shall operate under the control and general management of the Department.</text> </level> <level label="b"> <text>The Department shall:</text> <level label="1"> <text>subject to Title 3, Subtitles 8 and 8A of the Courts Article, adopt regulations that set:</text> <level label="i"> <text>policies for detention authorization, community detention, admission, transfer, discharge, and aftercare supervision; and</text> </level> <level label="ii"> <text>standards of care, including provisions to administer any early, periodic screening diagnosis and treatment program that the Department approves for establishment under 42 U.S.C., § 1396d(a)(4)(B) and to treat appropriately any condition that the screening reveals;</text> </level> </level> <level label="2"> <text>adopt regulations applicable to residential facilities it operates that:</text> <level label="i"> <text>prohibit the use of locked door seclusion and restraints as punishment and describe the circumstances under which locked door seclusion and restraints may be used; and</text> </level> <level label="ii"> <text>prohibit abuse of a child; and</text> </level> </level> <level label="3"> <text>adopt regulations that require each State residential program to provide:</text> <level label="i"> <text>medical and mental health assessment services;</text> </level> <level label="ii"> <text>alcohol abuse and drug abuse assessment services;</text> </level> <level label="iii"> <text>either alcohol abuse and drug abuse referral services or an alcohol abuse and drug abuse treatment program that has been certified in accordance with the requirements of Title 8 of the Health – General Article; and</text> </level> <level label="iv"> <text>a safe, humane, and caring environment.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The Department shall adopt a policy to govern disciplinary actions and grievances in its facilities.</text> </level> <level label="2"> <text>The policy shall:</text> <level label="i"> <text>require preparation of a written report of any disciplinary action taken against a child or of any grievance made by or on behalf of a child;</text> </level> <level label="ii"> <text>require that each written report be forwarded to and reviewed by the administrative head of the facility; and</text> </level> <level label="iii"> <text>require the Department to forward in a timely manner all reports of disciplinary actions, grievances, and grievance dispositions from each facility to the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article.</text> </level> </level> </level> <level label="d"> <text>In each facility, the Department shall develop special programs that are designed to meet the particular needs of its residents.</text> </level> <level label="e"> <text>Subject to Title 3, Subtitles 8 and 8A of the Courts Article, the Department shall order any necessary changes in the policy, conduct, or management of a State residential program to provide adequate care for the children and adequate services to the courts.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-228" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>Before the Department requests a bond issue from the General Assembly to build or renovate a facility, the Department shall consult on the proposed construction or renovation plans with the governing body of:</text> <level label="1"> <text>the county where the facility is to be built or renovated; and</text> </level> <level label="2"> <text>each county to be served by the facility.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-229" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Department shall operate and manage the Baltimore City Juvenile Justice Center as a centralized regional juvenile intake, assessment, court, and detention facility for Baltimore City.</text> </level> <level label="b"> <text>The Baltimore City Juvenile Justice Center shall include:</text> <level label="1"> <text>the Department;</text> </level> <level label="2"> <text>the Juvenile Division of the Circuit Court for Baltimore City;</text> </level> <level label="3"> <text>an office of the State’s Attorney for Baltimore City;</text> </level> <level label="4"> <text>an office of the Baltimore City Department of Social Services;</text> </level> <level label="5"> <text>Baltimore City police services; and</text> </level> <level label="6"> <text>courthouse security services of the Sheriff of Baltimore City.</text> </level> </level> <level label="c"> <text>If a child who is delinquent or is alleged to have committed a delinquent act is taken into custody by a law enforcement officer and brought to the Baltimore City Juvenile Justice Center, the Department, in conjunction with Baltimore City police services, shall:</text> <level label="1"> <text>for purposes of positive identification, obtain photographs and fingerprints and submit them to:</text> <level label="i"> <text>the Criminal Justice Information System Central Repository; and</text> </level> <level label="ii"> <text>any other automated juvenile justice information system or repository approved by the Secretary;</text> </level> </level> <level label="2"> <text>conduct a criminal and juvenile history records check; and</text> </level> <level label="3"> <text>conduct an automated search for outstanding warrants and writs of attachment.</text> </level> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="e"> <text>Subject to the authority of the Secretary:</text> <level label="1"> <text>the managing director of the Baltimore City Juvenile Justice Center is its chief administrator; and</text> </level> <level label="2"> <text>the director of detention of the Baltimore City Juvenile Justice Center is its administrator of juvenile detention.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-231" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Department may place children in group homes and institutions operated by nonprofit or for-profit entities to provide for their care, diagnosis, training, education, and rehabilitation.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Department may establish different reimbursement rates for homes and institutions that provide intermediate services and homes and institutions that provide full services.</text> </level> </level> <level label="c"> <text>The Department may not place a child in a group home or other residential facility that is not operating in compliance with applicable State licensing laws.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-232" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>The Department shall establish a program to help homes for runaway youths.</text> </section> <section article="ghu" article_name="Human Services" number="9-233" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>In this section, “youth services bureau” means a community–based entity that is operated:</text> <level label="1"> <text>to provide community–oriented delinquency prevention, youth suicide prevention, drug and alcohol abuse prevention, and youth development;</text> </level> <level label="2"> <text>to ameliorate conditions that contribute to delinquency, youth suicide, drug and alcohol abuse, and family disruption; and</text> </level> <level label="3"> <text>to function as an advocate of youth needs.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department shall adopt regulations that set eligibility guidelines for State funding of youth services bureaus under this section.</text> </level> <level label="2"> <text>The regulations shall require that each youth services bureau that receives State funding:</text> <level label="i"> <text>provide, at convenient hours:</text> <level label="1"> <text>individual, family, or group counseling;</text> </level> <level label="2"> <text>referral and information services;</text> </level> <level label="3"> <text>crisis intervention, including intervention relating to youth suicide prevention;</text> </level> <level label="4"> <text>alcohol and drug abuse assessment and referral services by staff who have received substance abuse assessment and referral training from the Office of Education and Training for Addiction Services (OETAS) in the Maryland Department of Health or from any other entity that the Secretary determines to be qualified to provide substance abuse assessment and referral training;</text> </level> <level label="5"> <text>informal counseling; and</text> </level> <level label="6"> <text>in accordance with the needs of the community and subject to the availability of funds:</text> </level> <level label="A"> <text>tutoring;</text> </level> <level label="B"> <text>alternative leisure activities;</text> </level> <level label="C"> <text>employment assistance;</text> </level> <level label="D"> <text>community education, including training and information relating to youth suicide prevention;</text> </level> <level label="E"> <text>aftercare services; and</text> </level> <level label="F"> <text>other specialized services;</text> </level> </level> <level label="ii"> <text>subject to subsection (c)(2) of this section, provide the services described in item (i) of this paragraph free of charge or at a rate that its board of directors establishes, in consultation with the Department, that is based on the client’s family income; and</text> </level> <level label="iii"> <text>dispose of all information and records on each individual receiving services from the youth services bureau 5 years after services to the individual terminate.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>A youth services bureau may retain any fees charged under subsection (b)(2)(ii) of this section.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <level label="1"> <text>The Department shall:</text> <level label="i"> <text>monitor the operations of each youth services bureau that receives State funding;</text> </level> <level label="ii"> <text>evaluate annually the effectiveness of each youth services bureau; and</text> </level> <level label="iii"> <text>discontinue funding a youth services bureau that is ineffective or that, for 2 years, fails to meet the eligibility guidelines for State funding.</text> </level> </level> <level label="2"> <text>The Department shall review and approve or disapprove an application for State funding of a youth services bureau or proposed youth services bureau.</text> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>The State and the local government shall jointly fund an eligible youth services bureau.</text> </level> <level label="ii"> <text>The State shall provide 75% of the funding for an eligible youth services bureau, as provided in the State budget.</text> </level> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <level label="i"> <text>The local governing body that provides the matching funds for an eligible youth services bureau may choose to have the State funds for the youth services bureau paid directly to its private sponsor or to the local governing body.</text> </level> <level label="ii"> <text>Before the State funds are paid, the fiscal officer of the local government shall certify in writing the source of the matching funds provided by the local government.</text> </level> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-234" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The General Assembly intends that:</text> <level label="1"> <text>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</text> </level> <level label="2"> <text>the regulations of State units that are charged with child care shall be comparable.</text> </level> </level> <level label="b"> <text>The Department shall adopt regulations:</text> <level label="1"> <text>to carry out §§ 9–235 and 9–236 of this subtitle; and</text> </level> <level label="2"> <text>that require each juvenile care facility to:</text> <level label="i"> <level label="1"> <text>establish and implement a safety plan for the safety of juveniles under the care of the facility; or</text> </level> <level label="2"> <text>implement a safety or emergency plan established for the facility for another purpose; and</text> </level> </level> <level label="ii"> <text>revise the safety plan not less than every 5 years.</text> </level> </level> </level> <level label="c"> <text>A child care home or child care institution may not be required to obtain a license from more than one State unit.</text> </level> <level label="d"> <text>A State unit authorized to license child care homes or child care institutions may make a cooperative licensing arrangement with another State unit.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-235" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>Except as provided in subsection (b) of this section, a person shall be licensed by the Department as a child care home before the person may exercise care, custody, or control over a child who is alleged to be or is adjudicated delinquent or in need of supervision.</text> </level> <level label="b"> <text>This section does not apply to:</text> <level label="1"> <text>a parent of the child;</text> </level> <level label="2"> <text>an individual related to the child by blood or marriage within 4 degrees of consanguinity under the civil law rule;</text> </level> <level label="3"> <text>a guardian of the child;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>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;</text> </level> <level label="6"> <text>an institution that has a child care institution license under this subtitle or § 5–509 of the Family Law Article;</text> </level> <level label="7"> <text>an institution operated by a unit of the State or a political subdivision; or</text> </level> <level label="8"> <text>a foster care provider with whom the child is placed by:</text> <level label="i"> <text>a licensed child placement agency;</text> </level> <level label="ii"> <text>a local department of social services;</text> </level> <level label="iii"> <text>the Secretary of Health;</text> </level> <level label="iv"> <text>the Department; or</text> </level> <level label="v"> <text>a court of competent jurisdiction.</text> </level> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-236" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>Except as otherwise provided in subsection (b) of this section, a person shall be licensed by the Department as a child care institution before the person may operate an institution for the care, custody, or control of a child alleged to be or adjudicated delinquent or in need of supervision.</text> </level> <level label="b"> <text>This section does not apply to:</text> <level label="1"> <text>an institution or facility operated by a unit of the State or a political subdivision; or</text> </level> <level label="2"> <text>a child care home that has a license under this subtitle or § 5-508 of the Family Law Article.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-237" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Department shall adopt regulations that set standards for juvenile detention facilities operated by the Department and by private agencies under contract with the Department.</text> </level> <level label="b"> <text>The standards shall reflect the following central purposes of juvenile detention:</text> <level label="1"> <text>to protect the public;</text> </level> <level label="2"> <text>to provide a safe, humane, and caring environment for children; and</text> </level> <level label="3"> <text>to provide access to required services for children.</text> </level> </level> <level label="c"> <text>The standards shall include provisions establishing:</text> <level label="1"> <text>a policy that eliminates the unnecessary use of detention and that prioritizes diversion and appropriate nonsecure alternatives;</text> </level> <level label="2"> <text>criteria for the placement of a child in a particular juvenile detention facility;</text> </level> <level label="3"> <text>population limits for each juvenile detention facility that may not be exceeded except in emergency circumstances;</text> </level> <level label="4"> <text>a requirement that staffing ratios and levels of services be maintained during emergencies;</text> </level> <level label="5"> <text>specifications for the architectural structure of a juvenile detention facility;</text> </level> <level label="6"> <text>staff qualifications and training, including training in recognizing and reporting child abuse and neglect;</text> </level> <level label="7"> <text>the ratio of staff to children in a juvenile detention facility;</text> </level> <level label="8"> <text>the rights of children in a juvenile detention facility, including the right to privacy, visitors, telephone use, and mail delivery;</text> </level> <level label="9"> <text>prohibitions against the use of excessive force against a child;</text> </level> <level label="10"> <text>internal auditing and monitoring of programs and facilities in the juvenile services system;</text> </level> <level label="11"> <text>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</text> </level> <level label="12"> <text>a policy concerning a safety plan for the safety of juveniles detained in a facility, including:</text> <level label="i"> <text>the means to implement the safety plan or a safety or emergency plan established for the facility for another purpose; and</text> </level> <level label="ii"> <text>a requirement that the safety plan be revised not less than every 5 years.</text> </level> </level> </level> <level label="d"> <text>The standards shall be consistent with this title and Title 3, Subtitle 8A of the Courts Article.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-238.1" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Department shall serve children in the juvenile services system with programming that:</text> <level label="1"> <text>ensures the safety of the community and the children served;</text> </level> <level label="2"> <text>holds delinquent children accountable to victims and communities;</text> </level> <level label="3"> <text>assists children to develop competencies to become successful members of society;</text> </level> <level label="4"> <text>delivers services on a regional basis through at least four operational regions;</text> </level> <level label="5"> <level label="i"> <text>ensures that each committed facility owned by the Department serves no more than 48 children at one time; and</text> </level> <level label="ii"> <text>ensures that each committed facility licensed by the Department serves no more than 48 children at one time, unless the Secretary finds good cause for a committed facility licensed by the Department to serve more than 48 children at one time;</text> </level> </level> <level label="6"> <text>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</text> </level> <level label="7"> <text>provides females with a range and quality of services and programs to meet their specific needs, including:</text> <level label="i"> <text>diversion programs;</text> </level> <level label="ii"> <text>community detention services and programs; and</text> </level> <level label="iii"> <text>reentry services and programs.</text> </level> </level> </level> <level label="b"> <text>A region shall:</text> <level label="1"> <text>include at least one secure facility used solely for children pending court disposition and children awaiting placement after disposition;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>include a nonpublic facility only if the Department determines that the facility:</text> <level label="i"> <text>has provided or will efficiently and effectively provide adequate care for the children placed in the facility; and</text> </level> <level label="ii"> <text>has demonstrated or will demonstrate a record of success based on standards promulgated by the Department.</text> </level> </level> </level> <level label="c"> <text>The Department may place a child into a committed facility outside the child’s region if a determination is made by the Department that specialized services for the child require the placement in the best interests of the child.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-239" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>By regulation, the Department shall set standards for nonsecure alternatives for the placement of a child committed under § 3-8A-19 of the Courts Article.</text> </section> <section article="ghu" article_name="Human Services" number="9-240" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Step-down aftercare” means:</text> <level label="i"> <text>a network of programs that provide education and rehabilitation; and</text> </level> <level label="ii"> <text>services and treatment to ease the transition of children from the custody of the Department to their homes and communities.</text> </level> </level> <level label="3"> <text>“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:</text> <level label="i"> <text>prepares the child for reentry into the specific community to which the child will return;</text> </level> <level label="ii"> <text>ensures the delivery of prescribed services to the child in the community; and</text> </level> <level label="iii"> <text>monitors conduct in the community to ensure public safety.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>A child discharged from a committed residential placement shall receive step-down aftercare for the period that the Department determines.</text> </level> <level label="2"> <text>A child in step-down aftercare shall receive:</text> <level label="i"> <text>a step-down aftercare plan;</text> </level> <level label="ii"> <text>supervision by step-down aftercare staff in accordance with the step-down aftercare plan;</text> </level> <level label="iii"> <text>educational services; and</text> </level> <level label="iv"> <text>any other services necessary to implement the step-down aftercare plan.</text> </level> </level> </level> <level label="c"> <text>The step-down aftercare staff shall:</text> <level label="1"> <text>prepare a step-down aftercare plan for each child assigned to the step-down aftercare program and file the plan with the Department;</text> </level> <level label="2"> <text>keep regular records concerning the progress of each child;</text> </level> <level label="3"> <text>file with the Department a monthly progress report on each child; and</text> </level> <level label="4"> <text>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:</text> <level label="i"> <text>information on the number of children who:</text> <level label="1"> <text>are rearrested;</text> </level> <level label="2"> <text>are rearrested and charged with serious or violent offenses;</text> </level> <level label="3"> <text>are rearrested and waived to the adult system;</text> </level> <level label="4"> <text>are re-referred to the Department;</text> </level> <level label="5"> <text>are readjudicated and recommitted;</text> </level> <level label="6"> <text>graduate from high school or successfully complete a high school equivalency examination; and</text> </level> <level label="7"> <text>are employed; and</text> </level> </level> <level label="ii"> <text>other relevant information.</text> </level> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-240.1" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Program shall be called “Maryland Rising”.</text> </level> </level> <level label="b"> <text>The purpose of the Program is to provide individualized attention to a child:</text> <level label="1"> <text>to decrease the child’s delinquent or violent behavior in the community; and</text> </level> <level label="2"> <text>to increase the child’s potential for becoming a productive, successful member of the community.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>A mentor shall have frequent contact with the child and may provide the following services to the child:</text> <level label="i"> <text>informal counseling;</text> </level> <level label="ii"> <text>tutoring;</text> </level> <level label="iii"> <text>assisting the child with life skills training;</text> </level> <level label="iv"> <text>working with the child’s family or guardian;</text> </level> <level label="v"> <text>interacting with the child’s school or employer, if necessary; and</text> </level> <level label="vi"> <text>other individualized support services that help the child avoid negative behaviors and become a successful, productive member of the community.</text> </level> </level> </level> <level label="d"> <text>The Department may adopt regulations to implement this section.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-241" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Secretary shall establish programs for juvenile intake, predelinquent diversion services, community detention, investigation, probation, and aftercare services.</text> </level> <level label="b"> <level label="1"> <text>Except for predelinquent diversion services, the Secretary shall provide sufficient staff to operate the programs described in subsection (a) of this section.</text> </level> <level label="2"> <text>The staff of the Department is under the immediate direction and control of the Secretary.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-242" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <text>The Secretary shall hold institutes, conferences, and other programs to familiarize the judiciary, the Baltimore City Social Services Commission and other boards of local departments of social services, citizens action groups, and other interested persons with the functions and programs of the Department.</text> </section> <section article="ghu" article_name="Human Services" number="9-243" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>If requested by a juvenile court or by any other court in a proceeding that involves the interest of a minor, the Department shall provide the services described in this title.</text> </level> <level label="b"> <text>The Department shall provide the employees necessary for any services that a juvenile court orders.</text> </level> <level label="c"> <text>The Department shall cooperate with the juvenile court in carrying out the objectives of this title and Title 3, Subtitles 8 and 8A of the Courts Article.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-244" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>The Secretary shall:</text> <level label="1"> <text>study the problem of the units of work that are involved in the juvenile courts; and</text> </level> <level label="2"> <text>establish a system for units of work.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Unless the judges of the court consent, a juvenile court may not be assigned a smaller staff than authorized as of July 1, 1986.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-245" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>In this section, “foster parent” includes an individual who cares for a child on an emergency basis under a shelter care program.</text> </level> <level label="b"> <level label="1"> <text>The Department shall provide liability insurance for foster parents who care for children under foster parent programs.</text> </level> <level label="2"> <text>Subject to a reasonable deductible limit that the Department sets, the liability insurance shall cover:</text> <level label="i"> <text>bodily injury and property damage that a foster child causes to the person or property of a person other than a foster parent; and</text> </level> <level label="ii"> <text>actions against a foster parent by a parent for any accidental injury to the foster child.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <level label="i"> <text>Reimbursement under this subsection may not exceed $5,000.</text> </level> <level label="ii"> <text>Reimbursement exceeding $2,000 requires the approval of the Board of Public Works.</text> </level> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-246" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>In this section, “fund” means a youth welfare fund.</text> </level> <level label="b"> <level label="1"> <text>There is a youth welfare fund in each facility of the Department of Juvenile Services.</text> </level> <level label="2"> <text>A fund shall be used for goods and services that benefit the general youth population in the facility.</text> </level> </level> <level label="c"> <level label="1"> <text>Each fund is a special continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>Each fund consists of:</text> <level label="i"> <text>profits derived from the sale of goods through the commissary operation and telephone and vending machine commissions for the facility; and</text> </level> <level label="ii"> <text>subject to paragraph (3) of this subsection, money received from other sources.</text> </level> </level> <level label="3"> <text>Money from the General Fund of the State may not be transferred by budget amendment or other manner to a fund.</text> </level> </level> <level label="d"> <level label="1"> <text>The Treasurer shall hold each fund separately, and the Comptroller shall account for each fund.</text> </level> <level label="2"> <text>Each fund is subject to an audit by the Office of Legislative Audits under § 2–1220 of the State Government Article.</text> </level> <level label="3"> <level label="i"> <text>Each fund shall be invested and reinvested in the same manner as other State funds.</text> </level> <level label="ii"> <text>Any investment earnings are not a part of the fund.</text> </level> </level> </level> <level label="e"> <text>The Comptroller shall pay out money from each fund as appropriated in the State budget.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-247" title_number="9" title_name="Juvenile Services" subtitle_number="2" subtitle_name="Department of Juvenile Services"> <level label="a"> <text>On or before December 1, 2024, and each December 1 thereafter, the Department shall report to the Commission on Juvenile Justice Reform and Emerging and Best Practices and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:</text> <level label="1"> <text>the number of juveniles under the Department’s supervision in the preceding year who:</text> <level label="i"> <text>were nonfatally shot;</text> </level> <level label="ii"> <text>shot another individual; or</text> </level> <level label="iii"> <text>were victims of a homicide;</text> </level> </level> <level label="2"> <text>the actions that the Department took after the incidents described in item (1) of this subsection, including the timeline of the actions;</text> </level> <level label="3"> <text>the age of each juvenile described in item (1) of this subsection; and</text> </level> <level label="4"> <text>the county of residence of each juvenile described in item (1) of this subsection.</text> </level> </level> <level label="b"> <text>The initial report submitted under this section shall include a description of any established process that the Department uses after an incident described in subsection (a)(1) of this section occurs.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-301" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>This subtitle may be cited as the Interstate Compact for Juveniles.</text> </section> <section article="ghu" article_name="Human Services" number="9-302" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article I. Purpose.</text> <level label="a"> <text>The compacting states to this Interstate Compact recognize that:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="b"> <text>It is the purpose of this Compact, through means of joint and cooperative action among the compacting states:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>to make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;</text> </level> <level label="5"> <text>to provide for the effective tracking and supervision of juveniles;</text> </level> <level label="6"> <text>to equitably allocate the costs, benefits, and obligations of the compacting states;</text> </level> <level label="7"> <text>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;</text> </level> <level label="8"> <text>to insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;</text> </level> <level label="9"> <text>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;</text> </level> <level label="10"> <text>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;</text> </level> <level label="11"> <text>to monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;</text> </level> <level label="12"> <text>to coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and</text> </level> <level label="13"> <text>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.</text> </level> </level> <level label="c"> <text>It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business. The compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this Compact. The provisions of this Compact shall be reasonably and liberally construed to accomplish the purposes and policies of the Compact.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-303" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article II. Definitions.</text> <level label="a"> <text>As used in this subtitle the following words have the meanings indicated, unless the context clearly requires a different construction.</text> </level> <level label="b"> <text>“Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.</text> </level> <level label="c"> <text>“Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this Compact.</text> </level> <level label="d"> <text>“Compacting state” means any state which has enacted the enabling legislation for this Compact.</text> </level> <level label="e"> <text>“Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this Compact.</text> </level> <level label="f"> <text>“Court” means any court having jurisdiction over delinquent, neglected, or dependent children.</text> </level> <level label="g"> <text>“Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this Compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this Compact.</text> </level> <level label="h"> <text>“Interstate Commission” means the Interstate Commission for Juveniles created by Article III of this Compact.</text> </level> <level label="i"> <level label="1"> <text>“Juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission.</text> </level> <level label="2"> <text>“Juvenile” includes:</text> <level label="i"> <text>an accused delinquent or person charged with an offense that, if committed by an adult, would be a criminal offense;</text> </level> <level label="ii"> <text>an adjudicated delinquent or person found to have committed an offense that, if committed by an adult, would be a criminal offense;</text> </level> <level label="iii"> <text>an accused status offender or person charged with an offense that would not be a criminal offense if committed by an adult;</text> </level> <level label="iv"> <text>an adjudicated status offender or person found to have committed an offense that would not be a criminal offense if committed by an adult; or</text> </level> <level label="v"> <text>a nonoffender or person in need of supervision who has not been accused or adjudicated a status offender or delinquent.</text> </level> </level> </level> <level label="j"> <text>“Noncompacting state” means any state which has not enacted the enabling legislation for this Compact.</text> </level> <level label="k"> <text>“Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.</text> </level> <level label="l"> <level label="1"> <text>“Rule” means a written statement by the Interstate Commission promulgated pursuant to Article VI of this Compact that:</text> <level label="i"> <text>is of general applicability;</text> </level> <level label="ii"> <text>implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission; and</text> </level> <level label="iii"> <text>has the force and effect of statutory law in a compacting state.</text> </level> </level> <level label="2"> <text>“Rule” includes the amendment, repeal, or suspension of an existing rule.</text> </level> </level> <level label="m"> <text>“State” means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-304" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article III. Interstate Commission for Juveniles.</text> <level label="a"> <text>The compacting states hereby create the “Interstate Commission for Juveniles.” The Commission shall be a body corporate and joint agency of the compacting states. The Commission shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <text>Each compacting state represented at any meeting of the Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. The Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.</text> </level> <level label="d"> <text>The Interstate Commission shall establish an executive committee, which shall include Commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact.</text> </level> <level label="e"> <text>The executive committee shall:</text> <level label="1"> <text>oversee the day–to–day activities of the administration of the Compact managed by an executive director and Interstate Commission staff;</text> </level> <level label="2"> <text>administer enforcement and compliance with the provisions of the Compact, its bylaws, and rules; and</text> </level> <level label="3"> <text>perform such other duties as directed by the Interstate Commission or set forth in the bylaws.</text> </level> </level> <level label="f"> <text>Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.</text> </level> <level label="g"> <text>The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.</text> </level> <level label="h"> <text>Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two–thirds vote that an open meeting would be likely to:</text> <level label="1"> <text>relate solely to the Interstate Commission’s internal personnel practices and procedures;</text> </level> <level label="2"> <text>disclose matters specifically exempted from disclosure by statute;</text> </level> <level label="3"> <text>disclose trade secrets or commercial or financial information which is privileged or confidential;</text> </level> <level label="4"> <text>involve accusing any person of a crime, or formally censuring any person;</text> </level> <level label="5"> <text>disclose information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy;</text> </level> <level label="6"> <text>disclose investigative records compiled for law enforcement purposes;</text> </level> <level label="7"> <text>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;</text> </level> <level label="8"> <text>disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or</text> </level> <level label="9"> <text>specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.</text> </level> </level> <level label="i"> <text>For every meeting closed pursuant to this provision, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.</text> </level> <level label="j"> <text>The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up–to–date technology and coordinate its information functions with the appropriate repository of records.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-305" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article IV. Powers and Duties of the Interstate Commission.</text> <level label="a"> <text>The Interstate Commission shall have the following powers and duties:</text> <level label="1"> <text>to provide for dispute resolution among compacting states;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>to establish and maintain offices which shall be located within one or more of the compacting states;</text> </level> <level label="6"> <text>to purchase and maintain insurance and bonds;</text> </level> <level label="7"> <text>to borrow, accept, hire, or contract for services of personnel;</text> </level> <level label="8"> <text>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;</text> </level> <level label="9"> <text>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;</text> </level> <level label="10"> <text>to accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same;</text> </level> <level label="11"> <text>to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;</text> </level> <level label="12"> <text>to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;</text> </level> <level label="13"> <text>to establish a budget and make expenditures and levy dues as provided in Article VIII of this Compact;</text> </level> <level label="14"> <text>to sue and be sued;</text> </level> <level label="15"> <text>to adopt a seal and bylaws governing the management and operation of the Interstate Commission;</text> </level> <level label="16"> <text>to perform such functions as may be necessary or appropriate to achieve the purposes of this Compact;</text> </level> <level label="17"> <text>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;</text> </level> <level label="18"> <text>to coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity; and</text> </level> <level label="19"> <text>to establish uniform standards of the reporting, collecting, and exchanging of data.</text> </level> </level> <level label="b"> <text>The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-306" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article V. Organization and Operation of the Interstate Commission.</text> <level label="a"> <text>The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to:</text> <level label="1"> <text>establishing the fiscal year of the Interstate Commission;</text> </level> <level label="2"> <text>establishing an executive committee and such other committees as may be necessary;</text> </level> <level label="3"> <text>providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;</text> </level> <level label="4"> <text>providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;</text> </level> <level label="5"> <text>establishing the titles and responsibilities of the officers of the Interstate Commission;</text> </level> <level label="6"> <text>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;</text> </level> <level label="7"> <text>providing “start–up” rules for initial administration of the Compact; and</text> </level> <level label="8"> <text>establishing standards and procedures for compliance and technical assistance in carrying out the Compact.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-307" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article VI. Rulemaking Functions of the Interstate Commission.</text> <level label="a"> <text>The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact.</text> </level> <level label="b"> <text>Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission.</text> </level> <level label="c"> <text>When promulgating a rule, the Interstate Commission shall, at a minimum:</text> <level label="1"> <text>publish the proposed rule’s entire text stating the reason for that proposed rule;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>provide an opportunity for an informal hearing if petitioned by 10 or more persons; and</text> </level> <level label="4"> <text>promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.</text> </level> </level> <level label="d"> <text>Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the Model State Administrative Procedures Act) in the rulemaking record, the court shall hold the rule unlawful and set it aside.</text> </level> <level label="e"> <text>If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the Compact, cause that such rule shall have no further force and effect in any compacting state.</text> </level> <level label="f"> <text>The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.</text> </level> <level label="g"> <text>Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-308" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article VII. Oversight, Enforcement, and Dispute Resolution by the Interstate Commission.</text> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.</text> </level> </level> <level label="c"> <text>The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact using any or all means set forth in Article XI of this Compact.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-309" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article VIII. Finance.</text> <level label="a"> <text>The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.</text> </level> <level label="b"> <text>The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.</text> </level> <level label="c"> <text>The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.</text> </level> <level label="d"> <text>The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-310" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article IX. The State Council.</text> <level label="a"> <text>Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups, and the Compact Administrator, deputy compact administrator, or designee.</text> </level> <level label="b"> <text>Each compacting state retains the right to determine the qualifications of the Compact Administrator or deputy compact administrator.</text> </level> <level label="c"> <text>Each state council shall advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the Compact within that state.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-311" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article X. Compacting States, Effective Date and Amendment.</text> <level label="a"> <text>Any state is eligible to become a compacting state.</text> </level> <level label="b"> <text>The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the Compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States.</text> </level> <level label="c"> <text>The Interstate Commission may propose amendments to the Compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-312" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article XI. Withdrawal, Default, Termination, and Judicial Enforcement.</text> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The effective date of withdrawal is the effective date of the repeal.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> </level> <level label="b"> <level label="1"> <text>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:</text> <level label="i"> <text>remedial training and technical assistance as directed by the Interstate Commission;</text> </level> <level label="ii"> <text>alternative dispute resolution;</text> </level> <level label="iii"> <text>fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; or</text> </level> <level label="iv"> <text>suspension or termination of membership in the Compact.</text> </level> </level> <level label="2"> <level label="i"> <text>Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has determined the offending state is in default.</text> </level> <level label="ii"> <text>Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the State Council.</text> </level> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>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.</text> </level> <level label="6"> <text>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.</text> </level> <level label="7"> <text>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.</text> </level> </level> <level label="c"> <text>The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the Compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.</text> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-313" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article XII. Severability and Construction.</text> <level label="a"> <text>The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.</text> </level> <level label="b"> <text>The provisions of this Compact shall be liberally construed to effectuate its purposes.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-314" title_number="9" title_name="Juvenile Services" subtitle_number="3" subtitle_name="Interstate Compact for Juveniles"> <text>Article XIII. Binding Effect of Compact and Other Laws.</text> <level label="a"> <level label="1"> <text>Nothing in this subtitle prevents the enforcement of any other law of a compacting state that is not inconsistent with this Compact.</text> </level> <level label="2"> <text>All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this Compact are superseded to the extent of the conflict.</text> </level> </level> <level label="b"> <level label="1"> <text>All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.</text> </level> <level label="2"> <text>All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-401" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Juvenile facility” means a property used for a juvenile program that is:</text> <level label="1"> <text>operated under the authority of:</text> <level label="i"> <text>a county or municipal corporation, or both;</text> </level> <level label="ii"> <text>a for profit organization; or</text> </level> <level label="iii"> <text>a nonprofit organization; and</text> </level> </level> <level label="2"> <level label="i"> <text>wholly owned by the entity described in paragraph (1) of this subsection; or</text> </level> <level label="ii"> <text>leased by the entity if:</text> <level label="1"> <text>the lease is for a minimum term of 30 years after completion of the project or gives the lessee the right of purchase; and</text> </level> <level label="2"> <text>the lessor consents to the recording of a notice of the State’s right of recovery under § 9-405 of this subtitle in the land records of the county in which the facility is located.</text> </level> </level> </level> </level> <level label="c"> <text>“Juvenile program” means a:</text> <level label="1"> <text>program that:</text> <level label="i"> <level label="1"> <text>is a group home or institution described under § 9-231 of this title; or</text> </level> <level label="2"> <text>is a home for runaway youths described under § 9-232 of this title; and</text> </level> </level> <level label="ii"> <text>provides residential services to youth placed by the Department; or</text> </level> </level> <level label="2"> <text>nonresidential program that under contract to the State provides educational, vocational, recreational, counseling, or other day services to youth.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-402" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <text>A county, municipal corporation, for profit organization, or nonprofit organization sponsoring a project involving the planning, design, construction, conversion, acquisition, renovation, and equipping of a juvenile facility in the State may apply to the Department for a grant under this subtitle.</text> </level> <level label="b"> <level label="1"> <text>An application shall be filed with the Department in the form the Department requires.</text> </level> <level label="2"> <text>The applicant shall file with the Department a statement that includes:</text> <level label="i"> <text>a list of the personnel employed or to be employed at the juvenile facility;</text> </level> <level label="ii"> <text>all compensation and other expenses paid or to be paid to the personnel;</text> </level> <level label="iii"> <text>all other expenses incurred or to be incurred in operating the juvenile facility; and</text> </level> <level label="iv"> <text>a schedule of rates charged or to be charged for services provided at the juvenile facility.</text> </level> </level> </level> <level label="c"> <text>If the Secretary approves the project and the project plans, the Secretary shall promptly:</text> <level label="1"> <text>report the application to the Board of Public Works; and</text> </level> <level label="2"> <text>recommend that the Board make funds available as provided in this subtitle.</text> </level> </level> <level label="d"> <text>The amount of the State grant for a project shall be determined after considering:</text> <level label="1"> <text>all eligible applications;</text> </level> <level label="2"> <text>the total of unallocated State funds available when the application is received; and</text> </level> <level label="3"> <text>the priorities of area need that the Department establishes.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-403" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <text>The Board of Public Works shall:</text> <level label="1"> <text>make allocations of funds available for the Juvenile Services Facilities Capital Program in accordance with this subtitle; and</text> </level> <level label="2"> <text>certify the allocations to the Comptroller and the Treasurer.</text> </level> </level> <level label="b"> <text>After the Board certifies the allocations, the Treasurer shall make payments to or on behalf of an applicant, when needed, for the project.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-404" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>A State grant may not exceed 50% of the cost of eligible work remaining unpaid after all federal and other grants have been applied.</text> </level> </level> <level label="b"> <level label="1"> <text>A State grant may not be used:</text> <level label="i"> <text>to further sectarian religious instruction;</text> </level> <level label="ii"> <text>in connection with the design, acquisition, or construction of a building used or to be used as a place of sectarian religious worship or instruction; or</text> </level> <level label="iii"> <text>in connection with a program or department of divinity for a religious denomination.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-405" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <text>Before any State funds are paid for an approved project, the Department shall cause a notice of the State’s right of recovery to be recorded in the land records of the county in which the property is located.</text> </level> <level label="b"> <text>The recording of the notice:</text> <level label="1"> <text>does not create a lien against the property; but</text> </level> <level label="2"> <text>constitutes notice to any potential transferee, potential creditor, or other interested person that the State may obtain a lien under this subtitle.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-406" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <text>The State may recover grant funds paid under this subtitle if, within 30 years after completion of a project, the project property:</text> <level label="1"> <text>is sold or transferred to a person that:</text> <level label="i"> <text>would not qualify as an applicant under this subtitle; or</text> </level> <level label="ii"> <text>the Board of Public Works does not approve as a transferee; or</text> </level> </level> <level label="2"> <text>ceases to be a juvenile facility.</text> </level> </level> <level label="b"> <text>The State may recover from the:</text> <level label="1"> <text>transferor;</text> </level> <level label="2"> <text>transferee; or</text> </level> <level label="3"> <text>owner of a property that has ceased to be a juvenile facility.</text> </level> </level> <level label="c"> <text>The State is entitled to recover the sum of:</text> <level label="1"> <text>an amount that equals the value of the project property at the time of the recovery multiplied by a fraction:</text> <level label="i"> <text>the numerator of which is the amount of the State funds for the project; and</text> </level> <level label="ii"> <text>the denominator of which is the total eligible cost of the project; and</text> </level> </level> <level label="2"> <text>all costs and reasonable attorney’s fees incurred in the recovery proceedings.</text> </level> </level> <level label="d"> <text>The Board of Public Works may waive the State’s right of recovery for good cause.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-407" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The initial filing shall include affidavits stating facts on which the allegations of default are based and a detailed justification of the amount claimed.</text> </level> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> <level label="c"> <level label="1"> <text>The temporary lien takes effect:</text> <level label="i"> <text>on the date of the court order authorizing the lien if, within 10 days, the Secretary of the Board of Public Works records a notice of temporary lien in the land records of the county in which the property is located; or</text> </level> <level label="ii"> <text>if the Secretary fails to record the notice within 10 days, on the date the notice of temporary lien is recorded.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> <level label="d"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-408" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <text>Proceedings to determine the State’s right to recover and the amount of its recovery under this subtitle have priority over other civil proceedings in the circuit court.</text> </level> <level label="b"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <level label="i"> <text>If the judgment remains unpaid for more than 30 days after the court’s final order, the amount shall be a lien on the property.</text> </level> <level label="ii"> <text>Unless the State provides otherwise in a written subordination agreement, the lien is superior to a lien or other interest of any mortgagee, pledgee, purchaser, or judgment creditor whose interest became perfected against third persons after the State awarded a grant.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>A lien under this section takes effect on the later of:</text> <level label="i"> <text>the 31st day after the court’s final order if the Secretary of the Board of Public Works records a notice of lien in the land records of the county in which the property is located on or before the 41st day after the final order; or</text> </level> <level label="ii"> <text>the date a notice of lien is recorded.</text> </level> </level> <level label="2"> <level label="i"> <text>When the lien takes effect, any temporary lien is automatically and fully released.</text> </level> <level label="ii"> <text>The recorded notice of the lien constitutes notice of the release of the temporary lien.</text> </level> </level> </level> <level label="d"> <text>A lien under this section may be enforced and foreclosed in accordance with the Maryland Rules, except that the State or any agent appointed by the State to sell the property does not need to file a bond.</text> </level> <level label="e"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-409" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <text>All funds recovered under this subtitle shall be deposited in the Annuity Bond Fund and applied to the debt service requirements of the State.</text> </section> <section article="ghu" article_name="Human Services" number="9-410" title_number="9" title_name="Juvenile Services" subtitle_number="4" subtitle_name="Juvenile Services Facilities Capital Program"> <level label="a"> <level label="1"> <text>The Secretary shall adopt regulations to carry out this subtitle.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>The regulations may require the submission of other reports.</text> </level> </level> <level label="b"> <text>The Board of Public Works may adopt regulations for:</text> <level label="1"> <text>receiving applications;</text> </level> <level label="2"> <text>considering applications; and</text> </level> <level label="3"> <text>disbursing funds to or on behalf of applicants.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-501" title_number="9" title_name="Juvenile Services" subtitle_number="5" subtitle_name="Juvenile Services Education Board"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board” means the Juvenile Services Education Board.</text> </level> <level label="c"> <text>“Residential facility” means any facility listed in § 9–226 of this title.</text> </level> <level label="d"> <text>“Superintendent” means the Juvenile Services Education Program Superintendent.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-502" title_number="9" title_name="Juvenile Services" subtitle_number="5" subtitle_name="Juvenile Services Education Board"> <level label="a"> <text>There is a Juvenile Services Education Board within the Department.</text> </level> <level label="b"> <text>Subject to the provisions of this section, the Board is an independent unit within the Department.</text> </level> <level label="c"> <level label="1"> <text>The Board shall be included as a unit within the Department for purposes of the Department’s annual operating budget.</text> </level> <level label="2"> <text>The programs overseen by the Board shall be included in the Board’s budget.</text> </level> </level> <level label="d"> <level label="1"> <text>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:</text> <level label="i"> <text>information and technology services;</text> </level> <level label="ii"> <text>procurement services;</text> </level> <level label="iii"> <text>fiscal services;</text> </level> <level label="iv"> <text>capital planning and capital budgeting;</text> </level> <level label="v"> <text>human resources;</text> </level> <level label="vi"> <text>facility and office maintenance;</text> </level> <level label="vii"> <text>research and program evaluation; and</text> </level> <level label="viii"> <text>investigations and monitoring.</text> </level> </level> <level label="2"> <level label="i"> <text>The Superintendent shall have exclusive control of the day–to–day operation of juvenile education services.</text> </level> <level label="ii"> <text>Decisions on the provision of education, including decisions to hire, fire, and assign staff, shall be made exclusively by the Board or the Superintendent, subject to appropriations in the State budget, and the Department has no power to deny or modify an education decision made by the Board or the Superintendent.</text> </level> </level> </level> <level label="e"> <text>The Board and the Department shall, in accordance with this section, jointly negotiate a memorandum of understanding carefully delineating the duties of each in the provision of juvenile education services.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-503" title_number="9" title_name="Juvenile Services" subtitle_number="5" subtitle_name="Juvenile Services Education Board"> <level label="a"> <text>The Board consists of the following members:</text> <level label="1"> <text>the Secretary;</text> </level> <level label="2"> <text>the Secretary of Higher Education, or the Secretary’s designee;</text> </level> <level label="3"> <text>the State Superintendent of Schools, or the State Superintendent’s designee;</text> </level> <level label="4"> <text>a representative of the Public School Superintendents’ Association of Maryland, appointed by the Governor with the advice and consent of the Senate;</text> </level> <level label="5"> <text>the Attorney General of the State, or the Attorney General’s designee;</text> </level> <level label="6"> <text>one educator employed by the State who is engaged in the education of juveniles residing in a residential facility; and</text> </level> <level label="7"> <text>five members appointed by the Governor with the advice and consent of the Senate.</text> </level> </level> <level label="b"> <level label="1"> <text>The candidate who receives the highest number of votes in an election by the educators employed by the Department shall be the educator member.</text> </level> <level label="2"> <text>The term of the educator member is 4 years.</text> </level> <level label="3"> <text>At the end of a term, the educator member continues to serve until a successor is elected and qualifies.</text> </level> <level label="4"> <text>The Department shall adopt regulations to conduct the election of the educator member.</text> </level> <level label="5"> <text>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.</text> </level> </level> <level label="c"> <level label="1"> <text>To the extent practicable, the appointed members of the Board shall reflect the diversity of the population of juveniles in the State.</text> </level> <level label="2"> <text>The appointed members of the Board shall possess a high level of knowledge and expertise in at least one of the following areas:</text> <level label="i"> <text>teaching or educational administration;</text> </level> <level label="ii"> <text>prior service on the State Board of Education or a county board of education;</text> </level> <level label="iii"> <text>social work;</text> </level> <level label="iv"> <text>services for individuals with disabilities;</text> </level> <level label="v"> <text>working with institutionalized youth;</text> </level> <level label="vi"> <text>mental or behavioral health services;</text> </level> <level label="vii"> <text>civil rights law or advocacy;</text> </level> <level label="viii"> <text>digital learning or online administration; or</text> </level> <level label="ix"> <text>higher education administration.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>The term of an appointed member is 4 years.</text> </level> <level label="2"> <text>The terms of appointed members are staggered as required by the terms provided for members of the Board on June 1, 2025.</text> </level> <level label="3"> <text>At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>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.</text> </level> <level label="5"> <text>Subject to paragraph (6) of this subsection, an appointed member is eligible for reappointment but may not serve more than two consecutive terms.</text> </level> <level label="6"> <text>A member appointed after a term begins is eligible for reappointment to two consecutive full terms.</text> </level> <level label="7"> <text>To the extent practicable, the Governor shall fill any vacancy for an appointed member on the Board within 60 days of the vacancy.</text> </level> </level> <level label="e"> <text>The Governor may remove an appointed member only for cause.</text> </level> <level label="f"> <text>The Board shall elect from among its members a chair and a vice chair.</text> </level> <level label="g"> <text>Any action by the Board shall require:</text> <level label="1"> <text>a quorum of a majority of the voting members then serving; and</text> </level> <level label="2"> <text>the affirmative vote of a majority of the voting members then serving.</text> </level> </level> <level label="h"> <text>Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text> </level> <level label="i"> <text>The Department shall staff the Board.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-504" title_number="9" title_name="Juvenile Services" subtitle_number="5" subtitle_name="Juvenile Services Education Board"> <level label="a"> <text>Beginning July 1, 2022, the Board shall oversee and approve all educational services to all juveniles who are in a residential facility.</text> </level> <level label="b"> <text>The Board shall:</text> <level label="1"> <text>develop, recommend, and approve for every residential facility an educational training program that:</text> <level label="i"> <text>meets the special needs and circumstances of the juveniles in the residential facility; and</text> </level> <level label="ii"> <text>is accredited by an approved accrediting agency;</text> </level> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>review a quality assurance report developed by the Department each quarter; and</text> </level> <level label="4"> <text>conduct a performance review of the Superintendent at least once every 4 years.</text> </level> </level> <level label="c"> <text>The Board shall approve postsecondary education programs, including vocational and online programs, that meet the needs of the juveniles in a residential facility.</text> </level> <level label="d"> <text>The Department may adopt regulations to carry out the requirements of this section.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-505" title_number="9" title_name="Juvenile Services" subtitle_number="5" subtitle_name="Juvenile Services Education Board"> <level label="a"> <level label="1"> <text>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:</text> <level label="i"> <text>a majority of the members then serving;</text> </level> <level label="ii"> <text>the chair of the Board; or</text> </level> <level label="iii"> <text>the Secretary.</text> </level> </level> <level label="2"> <text>A special meeting of the Board that does not count toward the monthly limit may be called by:</text> <level label="i"> <text>a majority of the members then serving;</text> </level> <level label="ii"> <text>the chair of the Board; or</text> </level> <level label="iii"> <text>the Secretary.</text> </level> </level> </level> <level label="b"> <text>A majority of the members then serving constitutes a quorum.</text> </level> <level label="c"> <text>The Board shall:</text> <level label="1"> <text>maintain minutes of its meetings and any other records that it considers necessary;</text> </level> <level label="2"> <text>on request, provide information regarding its budget, activities, and programs; and</text> </level> <level label="3"> <text>allow time for public comment at each of its meetings.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-506" title_number="9" title_name="Juvenile Services" subtitle_number="5" subtitle_name="Juvenile Services Education Board"> <level label="a"> <text>The Board shall appoint a Juvenile Services Education Program Superintendent.</text> </level> <level label="b"> <text>The Superintendent shall:</text> <level label="1"> <text>implement and administer the educational programs approved by the Board;</text> </level> <level label="2"> <text>oversee the education of every juvenile in a residential facility;</text> </level> <level label="3"> <text>meet with and advise the Board about educational programs and outcomes for juveniles;</text> </level> <level label="4"> <text>select, organize, and direct the staff of the Juvenile Services Education Program;</text> </level> <level label="5"> <text>ensure that the policies and decisions of the Board are carried out;</text> </level> <level label="6"> <text>coordinate with the Department to ensure that the operation of juvenile educational services are integrated with the noneducational operations of the Department; and</text> </level> <level label="7"> <text>perform any other duties assigned by the Board.</text> </level> </level> <level label="c"> <text>The Superintendent:</text> <level label="1"> <text>is entitled to the salary provided in the State budget; and</text> </level> <level label="2"> <text>serves at the pleasure of the Board.</text> </level> </level> <level label="d"> <text>The Superintendent:</text> <level label="1"> <text>must be an experienced and competent educator;</text> </level> <level label="2"> <text>must be a graduate of an accredited college or university;</text> </level> <level label="3"> <text>must have at least 2 years of special academic and professional graduate preparation in an accredited college or university;</text> </level> <level label="4"> <text>must have at least 7 years of experience in teaching and administration; and</text> </level> <level label="5"> <text>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.</text> </level> </level> <level label="e"> <text>The Superintendent may hire additional staff, as provided in the State budget, to provide and administer educational services within the Department.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-601" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board” has the meaning stated in § 9–501 of this title.</text> </level> <level label="c"> <text>“Facility” means a building or buildings and related physical infrastructure at a geographically distinct location at which the Department operates a program.</text> </level> <level label="d"> <text>“Memorandum of understanding” means the memorandum of understanding between the Board and the Department required under § 9–502 of this title.</text> </level> <level label="e"> <text>“Residential facility” has the meaning stated in § 9–501 of this title.</text> </level> <level label="f"> <text>“Superintendent” means the Juvenile Services Education Program Superintendent.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-602" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <text>There is a Juvenile Services Education Program within the Department.</text> </section> <section article="ghu" article_name="Human Services" number="9-603" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Superintendent shall provide and oversee educational services to all juveniles in a residential facility.</text> </level> </level> <level label="b"> <text>The Superintendent shall implement for each residential facility an educational program as approved by the Board that:</text> <level label="1"> <text>meets the special needs and circumstances of the juveniles in the residential facility; and</text> </level> <level label="2"> <text>is accredited by an approved accrediting agency.</text> </level> </level> <level label="c"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>Educational staff in the Department shall be subject to the career ladder and salary provisions under Title 6, Subtitle 10 of the Education Article.</text> </level> <level label="3"> <text>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.</text> </level> </level> <level label="d"> <text>The Department shall adopt regulations to carry out the requirements of this section.</text> </level> <level label="e"> <text>The Board may authorize the Department to contract with a nonprofit private party or a county board of education to provide educational services for juveniles in a residential facility.</text> </level> <level label="f"> <text>For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation in an amount sufficient to meet the requirements of this subtitle.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-604" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <level label="a"> <level label="1"> <text>The Department shall notify a juvenile in custody of the juvenile’s educational rights.</text> </level> <level label="2"> <text>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.</text> </level> <level label="3"> <text>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.</text> </level> <level label="4"> <level label="i"> <text>In consultation with the Board and county boards of education, the Superintendent with the aid of the Department shall develop and implement a procedure to transfer a copy of a juvenile’s educational records from the school in which the juvenile is enrolled to a residential facility in which the juvenile is placed.</text> </level> <level label="ii"> <text>The educational records transferred in accordance with this paragraph shall include a copy of:</text> <level label="1"> <text>an individualized education program;</text> </level> <level label="2"> <text>a 504 plan;</text> </level> <level label="3"> <text>records from an English for Speakers of Other Languages (ESOL) program; and</text> </level> <level label="4"> <text>any other relevant documents and information.</text> </level> </level> </level> </level> <level label="b"> <text>The Superintendent with the aid of the Department, in consultation with county boards of education, shall develop and implement a procedure for the re–enrollment of a juvenile in a residential facility before the juvenile is released from the custody of the Department.</text> </level> <level label="c"> <text>The Superintendent shall develop an educational plan for each school–age juvenile in the custody of the Department for more than 4 weeks that:</text> <level label="1"> <text>is designed to meet the juvenile’s individual needs; and</text> </level> <level label="2"> <text>ensures that, to the extent practicable, the juvenile is able to seamlessly reintegrate into the juvenile’s home school.</text> </level> </level> <level label="d"> <level label="1"> <text>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:</text> <level label="i"> <text>graduated from high school; or</text> </level> <level label="ii"> <text>obtained a high school diploma by examination in accordance with § 11–808 of the Labor and Employment Article.</text> </level> </level> <level label="2"> <text>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.</text> </level> </level> <level label="e"> <text>Each county board of education may waive all high school graduation requirements, including required coursework, for a juvenile who is committed to the custody of the Department and is subsequently transferred to the local school system while in grade 11 or 12.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-605" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <level label="a"> <text>In this section, “basic daily cost” means the average amount spent by a county board of education from county and State funds for the public education of a nondisabled child divided by the number of actual school days required for a public school under § 7–103 of the Education Article.</text> </level> <level label="b"> <text>A county board of education shall reimburse the Department for the basic daily cost for each child who was domiciled in the county prior to placement with the Department if the child:</text> <level label="1"> <text>is in a facility or residential facility;</text> </level> <level label="2"> <text>is in the custody of the Department for 15 consecutive days or more;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>was included in the full–time equivalent enrollment of the county as calculated under § 5–201 of the Education Article.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-606" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>The Superintendent’s report shall include:</text> <level label="i"> <text>student outcomes;</text> </level> <level label="ii"> <text>external organizational partnerships; and</text> </level> <level label="iii"> <text>transitions between enrollment in public school and the custody of the Department.</text> </level> </level> <level label="3"> <text>The Superintendent shall report the information required under paragraph (2) of this subsection in the aggregate and disaggregated by:</text> <level label="i"> <text>race;</text> </level> <level label="ii"> <text>ethnicity;</text> </level> <level label="iii"> <text>gender;</text> </level> <level label="iv"> <text>English proficiency status;</text> </level> <level label="v"> <text>disability status; and</text> </level> <level label="vi"> <text>familial income.</text> </level> </level> </level> <level label="b"> <text>The Board shall be subject to:</text> <level label="1"> <text>investigation by the Maryland Office of the Inspector General for Education; and</text> </level> <level label="2"> <text>oversight and monitoring by the State Department of Education and State Board of Education.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-607" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <level label="a"> <level label="1"> <text>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.</text> </level> <level label="2"> <text>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:</text> <level label="i"> <text>student educational outcomes;</text> </level> <level label="ii"> <text>whether the educational plans required under § 9–604(c) of this subtitle are meeting juvenile needs;</text> </level> <level label="iii"> <text>student disciplinary outcomes;</text> </level> <level label="iv"> <text>how efficiently students transition between enrollment in public school and the custody of the Department, including:</text> <level label="1"> <text>how well educational records are transferred between the Department and county boards;</text> </level> <level label="2"> <text>how efficiently juveniles are re–enrolled in public school after being released from the custody of the Department; and</text> </level> <level label="3"> <text>how well the education the juvenile receives while under the custody of the Department matches with the education received in the juvenile’s public school;</text> </level> </level> <level label="v"> <text>the quality of the curriculum;</text> </level> <level label="vi"> <text>how conducive the educational setting is to learning; and</text> </level> <level label="vii"> <text>access to mental health services.</text> </level> </level> <level label="3"> <text>The entity with which the Department contracts shall, after completing its review, develop recommendations to improve the education delivered under this subtitle.</text> </level> </level> <level label="b"> <text>On or before October 1, 2026, the entity with which the Department contracts shall report its findings and recommendations to the Department, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.</text> </level> </section> <section article="ghu" article_name="Human Services" number="9-608" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <level label="a"> <text>In this section, “Office” has the meaning stated in § 8–401 of the State Government Article.</text> </level> <level label="b"> <text>The Office shall conduct an evaluation of the Board and the Superintendent, in accordance with § 8–404 of the State Government Article, on or before:</text> <level label="1"> <text>July 1, 2027; and</text> </level> <level label="2"> <text>July 1, 2030.</text> </level> </level> </section> <section article="ghu" article_name="Human Services" number="9-609" title_number="9" title_name="Juvenile Services" subtitle_number="6" subtitle_name="Juvenile Services Education Program"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Local public school employer” means a county board of education or the Baltimore City Board of School Commissioners.</text> </level> <level label="3"> <text>“Locally employed educational professional” means an individual who is employed by:</text> <level label="i"> <text>a local public school employer in a position for which professional standards are established by the State Board of Education and the Professional Standards and Teacher Education Board; or</text> </level> <level label="ii"> <text>a county public library system in the position of librarian or public library associate.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>A locally employed educational professional who transfers to the Juvenile Services Education Program shall be given credit as a State employee for the individual’s years of service as a locally employed educational professional for the purpose of establishing the individual’s leave accrual rates.</text> </level> <level label="2"> <level label="i"> <text>Subject to subparagraph (ii)1 of this paragraph, a locally employed educational professional who transfers directly from a position with a local public school employer to the Juvenile Services Education Program with no period of intervening employment and no lapse in employment greater than 90 days shall receive accumulated leave in the amount verified by the individual’s local public school employer as the individual’s accumulated leave balances at the time the individual left the local public school employer and for which the individual was not otherwise compensated.</text> </level> <level label="ii"> <text>A locally employed educational professional who transfers to the Juvenile Services Education Program in accordance with subparagraph (i) of this paragraph shall be:</text> <level label="1"> <text>entitled to transfer all leave balances, even if the balances exceed the amount of leave an employee of the Juvenile Services Education Program is authorized to retain; and</text> </level> <level label="2"> <text>subject to the leave accumulation and carry over requirements that otherwise apply to State employees when the individual begins employment in the Juvenile Services Education Program.</text> </level> </level> </level> </level> </section>