Title 9. Juvenile Services — Subtitle 2. Department of Juvenile Services

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

The Secretary is the head of the Department.

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

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

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

The Secretary shall review and may revise the regulations of:

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

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

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

The Plan shall:

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

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

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

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

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

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

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

The report shall include:

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

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

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

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

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

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

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

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

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

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

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

educational subsidies, scholarships, and stipends; and

institutes, conferences, and classes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Department may:

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

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

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

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

the State Department of Education;

the Department of General Services;

the Maryland Department of Health;

the Department of Human Services;

the Maryland Department of Labor;

the Department of Public Safety and Correctional Services; and

each other agency needed to accomplish these objectives.

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

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

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

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

any other efforts to prevent youth offenses.

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

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

the Alfred D. Noyes Children’s Center;

the Baltimore City Juvenile Justice Center;

the Charles H. Hickey, Jr. School;

the Cheltenham Youth Facility;

the Lower Eastern Shore Children’s Center;

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

the Victor Cullen Center;

the Western Maryland Children’s Center;

the Garrett Children’s Center; and

the youth centers.

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

adopt regulations applicable to residential facilities it operates that:

adopt regulations that require each State residential program to provide:

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

The policy shall:

the Department;

the Juvenile Division of the Circuit Court for Baltimore City;

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

an office of the Baltimore City Department of Social Services;

Baltimore City police services; and

courthouse security services of the Sheriff of Baltimore City.

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

conduct a criminal and juvenile history records check; and

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

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

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

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

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

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

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

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

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

to function as an advocate of youth needs.

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

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

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

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

The Department shall:

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

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

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

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

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

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

that require each juvenile care facility to:

a parent of the child;

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

a guardian of the child;

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

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

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

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

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

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

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

to protect the public;

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

to provide access to required services for children.

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

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

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

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

specifications for the architectural structure of a juvenile detention facility;

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

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

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

prohibitions against the use of excessive force against a child;

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

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

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

ensures the safety of the community and the children served;

holds delinquent children accountable to victims and communities;

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

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

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

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

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

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

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

In this section the following words have the meanings indicated.

“Step-down aftercare” means:

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

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

A child in step-down aftercare shall receive:

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

keep regular records concerning the progress of each child;

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

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

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

The Program shall be called “Maryland Rising”.

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

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

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

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

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

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

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

establish a system for units of work.

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

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

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

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

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

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

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

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

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

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

Each fund consists of:

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

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

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

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

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

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

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