Regulation .05 Procedures for Conducting the Citizen Review of Out-of-Home Placement.
Regulation .05 Procedures for Conducting the Citizen Review of Out-of-Home Placement.LinkCopy Citation
A.
The local board shall invite interested individuals to the review in the following manner:
(1)
At least 42 days before the review, notify the local department to send to the review:
(a)
Any local department caseworker who is directly responsible for planning for the child's care; and
(b)
The caseworker responsible for each child when sibling groups are reviewed;
(2)
At least 10 days before the review, invite:
(a)
The child's parents, guardians, and custodians;
(b)
A representative of any agency or institution charged with the care of the child;
(c)
The child being reviewed, if the child is 18 years old or older; and
(d)
The caregiver; and
(3)
Have discretion to invite to the review:
(a)
The child being reviewed, if the child is 10 years old or older;
(b)
The child being reviewed, if the child is younger than 10 years old and requests participation; and
(c)
Any other individual whom the local board or local department believes may provide information about the child.
B.
The local board shall make findings and recommendations, based on:
(1)
The child's safety and best interests as paramount factors;
(2)
Information received from:
(a)
The case plan;
(b)
The caseworker's presentation; and
(c)
Interested individuals attending the review; and
(3)
All applicable State and federal laws and regulations.
C.
Regarding a waiver of reunification services, the local board shall:
(1)
Find whether a waiver has been granted or is pending decision of the court;
(2)
Find whether the requirements of Courts and Judicial Proceedings Article, §3-812.1, Annotated Code of Maryland, and exceptions, apply; and
(3)
Recommend whether a waiver should be granted or filed.
D.
Regarding termination of parental rights for a child younger than 18 years old, the local board shall:
(1)
Find whether a petition for termination has been granted or is pending determination by the court;
(2)
Find whether requirements of Family Law Article, §5-525.1, Annotated Code of Maryland, and exceptions apply; and
(3)
Recommend whether a petition for termination should be filed or granted.
E.
Regarding the permanency plan, the local board shall:
(1)
Agree with the plan presented by the local department; or
(2)
Recommend an alternate permanency plan and explain why the alternate plan is more appropriate.
F.
Regarding progress towards making a permanent placement, the local board shall:
(1)
Find whether progress is adequate; and
(2)
If progress is not adequate:
(a)
Cite the agency or agencies responsible, and
(b)
Explain why progress is not adequate.
G.
Regarding the safety of current and future living arrangements, the local board shall find whether:
(1)
The local department has utilized all applicable safety assessment and child protection protocols;
(2)
There are indicators of risk; and
(3)
The local department has taken appropriate steps to protect the child.
H.
Regarding the current living arrangement, the local board shall:
(1)
Find whether the arrangement is appropriate; and
(2)
If not appropriate:
(a)
Explain why the arrangement is not appropriate; and
(b)
Recommend steps to achieve an appropriate living arrangement.
I.
Regarding the local department's placement plan, the local board shall:
(1)
Agree with the plan; or
(2)
Recommend an alternate placement plan and explain why the alternate plan is more appropriate.