This chapter establishes the requirements, rights, and responsibilities of kinship caregivers and local departments. The primary purposes of these regulations are to: Prioritize and support the placement of children in care with relatives, kin, or other individuals who have a close relationship to a child in care or the child in care’s family; Establish standards to license and compensate kinship caregivers for children in care; Establish a standard that local departments place children in care with kinship caregivers who will provide the children in care with safe, nurturing, and trauma-informed environments where their connections with family are supported and maintained; Reduce placement disruptions through well-supported kinship care; and Provide a structured framework for kinship caregivers to collaborate in parenting the child in care, offer mentorship to the child in care's parents or guardians, and actively participate in the reunification and permanency planning process. In this chapter, the following terms have the meanings indicated. Terms Defined. “Abuse” means: Child abuse as defined in Family Law Article, §5-701, Annotated Code of Maryland; or Sexual abuse of a child as defined in Family Law Article, §5-701, Annotated Code of Maryland, whether or not a child sustains physical injuries. “Administration” means the Social Services Administration of the Department of Human Services. “Adoption” means the legal proceeding by which an individual becomes the child of an adoptive family and has all the legal rights and privileges to which a child born to that family would be entitled. “Case plan” has the meaning stated in COMAR 07.02.11 “Child” means an individual under age 18. “Child in care” means a child or young adult for whom the local department has responsibility for placement, care, custody, or guardianship. “Child in care’s family” means the child in care’s birth family, adoptive family, or legal guardians. “CPS” means the child protective services unit that responds to reports of suspected child abuse or neglect pursuant to Family Law Article §5-701 et. seq. “Day” means a calendar day unless otherwise specified. “Department” means the Department of Human Services. “Family” means the basic family unit consisting of one or more adults and children related by blood, marriage, adoption, legal guardianship, or domestic partnership as that term is defined in Health General Article, §6-101, Annotated Code of Maryland. “Household” means the location where the applicant or licensed kinship caregiver resides. “Household member” means an individual who lives in or is regularly present in a household. “Kin” means an individual who is related to the child through blood or marriage, adoption, tribal law or custom, or cultural custom or practice; or an individual who is unrelated to the child, but has a strong familial or significant bond with the child, or is a person identified by the child’s parent. “Kinship care” means continuous 24-hour care and supportive services provided for a child in care placed in the home of a kinship caregiver. “Kinship caregiver” means an individual who is at least 18 years old and with whom a child in care may be placed for temporary or long–term care; and Is related to a child in care through blood or marriage, adoption, tribal law or custom, or cultural custom or practice; and If not related as in (a) of this subsection, has a strong familial or other significant bond to such child, or is a person identified by the child’s parent. “Kinship resource home” means the residence of an individual or individuals who are licensed as a kinship caregiver. “Licensed” means approved by a local department as a kinship caregiver and a resource for custody and guardianship or adoption of a child in care. “Local department” means a department of social services in a county, Baltimore City, or the Montgomery County Department of Health and Human Services. “Local director” means the director of a local department. “Monthly care stipend” means financial support that a local department provides a kinship caregiver to assist them with caring for a child in care placed in the home. “Neglect” means child neglect as defined in Family Law Article, §5-701, Annotated Code of Maryland. “Out-of-home care” means out-of-home placement and the monitoring of and services provided to a child in aftercare following a child’s out-of-home placement. “Out-of-home placement” means a living arrangement for a child in care, including foster care, kinship care, group care, or residential treatment care. “Parent” means the legal mother or father of a child or young adult whose rights have not been terminated or a legal guardian other than a local department. “Permanency plan” means a plan specifying where and with whom a child in care will live and the proposed legal relationship between the child in care and the temporary or permanent caregivers. “Regularly present in the household” means visiting or staying in a home with sufficient frequency to make an individual a significant part of the household. “Secondhand smoke” means a complex mixture of gasses and particles that includes: Sidestream smoke, that is, smoke from a burning cigarette, cigar, or pipe; and Exhaled mainstream smoke. “Worker” means a local department staff person assigned to work with and support a kinship caregiver or a child in care. “Young adult” means an individual 18 years old or older but not yet 21. Background Clearance. Before or at the time of placing a child in care with a kinship caregiver, the local department shall: Review the following for any kinship caregiver or adult household member: Child protective services records; State and national sex offender registries; and Maryland Judiciary Case Search; Require the kinship caregiver and all household members 18 years old or older to apply within 5 business days for a State and federal fingerprint-based criminal background clearance at location(s) provided by the local department and at no cost to the caregiver or other adults in the home; Ask if any adult in the home has lived out of state in the last 5 years. If yes, the local department shall request documentation from the other state’s state-maintained child abuse and neglect registry; and As soon as they become available, review the results of: Child protective services clearances; State and federal fingerprint-based criminal background clearance; and Out-of-state CPS clearances from any state that a kinship caregiver or household member 18 years old or older has lived within the prior 5 years to determine whether that individual has been found responsible for child abuse or neglect. Disqualifiers. The local department may not license any home in which an adult in the household: Has a felony conviction for: Child abuse or neglect; Spousal abuse; A crime against a child or children, including child pornography; A crime of violence as enumerated in Criminal Law Article, § 14-101, Annotated Code of Maryland, including rape, sexual assault, or homicide, but not including other physical assault or battery; or Human trafficking; or Has had a felony conviction in the prior 5 years for: Physical assault; Battery; or A drug-related offense. Assessment. Before or at the time of placing a child in care with a kinship caregiver, the local department shall conduct a visit at the home of the kinship caregiver to assess the kinship caregiver and their home using the Kinship Caregiver and Home Assessment approved by the Administration to: Assess the caregiver’s willingness and ability to work with the local department and the child’s family, and to provide for the child in care’s physical, medical, mental health, and educational needs; Provide an individualized assessment and objective facts to determine whether the kinship caregiver can meet the physical and mental health needs of the child in care, with consideration of the need for additional support, or reasonable accommodations, or a reasonable modification of policies, practices, or procedures, and including the nature, duration, and severity of a risk to the child, and the likelihood that potential injury to the child will occur. The assessment may not be based on stereotypes or generalizations. Assess the health and safety of the home to include the condition of the home, fire safety, window covering safety, water safety, storage of firearms, and other items potentially dangerous to children; Ensure the kinship caregiver provides a safe sleeping arrangement for the child in care, which may include a bunk bed, trundle bed, or another arrangement the local department deems appropriate, taking into account the age and abilities of the child in car; and. Identify any endangering health or safety concerns and discuss the concerns with the kinship caregiver to: Create a plan with the kinship caregiver on how the local department will assist and support the kinship caregiver in addressing the health and safety concerns, including, as appropriate, identifying and providing auxiliary aids or services or making reasonable modifications to policies, practices, or procedures without jeopardizing the safety of the child in care; Conduct a follow-up inspection as necessary to determine whether the kinship caregiver has addressed the health and safety concerns or if providing auxiliary aids, services, modifications to policies, practices or procedures, or additional support is needed; and Evaluate whether the child in care can remain safely in the home while the kinship caregiver is addressing the concerns. Emergency Placement. If, due to emergency circumstances or time constraints, the local department cannot complete the Kinship Caregiver and Home Assessment before or at the time of placement, a worker shall: Ensure there are no conditions that would render the child in care unsafe until the local department can complete the assessment; and Schedule and conduct a home visit within 5 calendar days from the day of placement, to complete the Kinship Caregiver and Home Assessment. Medical and Mental Health Conditions. If, after an individualized assessment, the local department has established with objective evidence that a kinship caregiver, family member of the caregiver, or household member has a medical or mental health condition that poses a significant risk to the health or safety of the child in care that cannot be improved by a reasonable accommodation or reasonable modification to policies, practices, or procedures, the local department shall request that the kinship caregiver, family member of the caregiver, or household member: Have a medical or mental health examination of a general or specific nature as directed by the local department; and Provide documentation from the examining healthcare provider stating that the medical or mental health condition is not likely to prevent the child in care from receiving care and attention in the home and is not communicable, or harmful to the child in care, or Identify auxiliary aids or services that improve safety concerns. Monthly Care Stipend. As soon as a worker has identified a kinship caregiver with whom to place a child in care, the worker shall take all steps necessary to ensure that the kinship caregiver receives a monthly care stipend starting on the date of placement and for the duration of the placement. Licensing. When a local department has determined that the kinship caregiver, any adult household member, and the kinship resource home have met the requirements of this chapter, the kinship caregiver shall be deemed fully licensed to provide care for any child in care who is identified as kin and may be an adoptive resource, or eligible for custody and guardianship of the child in care, without the need for additional licensing; An individual shall be at least 18 years old to be licensed as a kinship caregiver; An individual licensed under this chapter as a licensed kinship caregiver is dually licensed for both foster care and adoption; and The local department will provide the kinship caregiver with a written license. Kinship Caregivers Who Provide Child Care. If a kinship caregiver provides informal child care for children not living in the home, the local department shall assess the impact that this may have on the kinship caregiver’s ability to provide for the physical, medical, mental health and educational needs of the child in care. The local department shall inform kinship caregivers licensed by the Maryland Office of Child Care of the need to notify the Maryland Office of Child Care of their intent to be licensed kinship caregivers. Plans for Child Care and Alternative Supervision. If a kinship caregiver requires child care services for a child in care while the kinship caregiver is employed or in school: The kinship caregiver shall discuss the child care plan with the local department and obtain local department approval for the plan; and The child care provider shall be certified by the Maryland State Department of Education Office of Child Care or approved by another agency that provides child care services consistent with the licensing standards of the Maryland Department of Education Office of Child Care, unless the local department approves a plan for informal child care. Nothing in this section precludes a kinship caregiver from arranging appropriate child care on an occasional basis for a child in care. Education. Homeschooling. Kinship caregivers: May not homeschool children in care without court approval; Shall utilize a homeschool program approved by Maryland State Department of Education; and Shall provide homeschool progress reports at a frequency established by the local department or the court. Private or Parochial Schooling. A kinship caregiver shall get approval from the local department or the child in care’s parents or guardians before enrolling a child in care in a private or parochial school unless otherwise ordered by the court. If a local department, the court, or the child in care’s parents or guardians approve a child in care’s enrollment in a private or parochial school, the local department: May not pay any costs for tuition, books, or any other costs associated with a child in care enrolled in an accredited private or parochial school; and May not supplement the monthly care stipend to pay these costs. Enrollment. When a child who comes into care is already enrolled in an accredited private or parochial school, the kinship caregiver shall enroll the child in a public school unless the kinship caregiver, with the permission of the local department, the court, or the child’s parents or guardians, assumes financial responsibility for the child’s continued enrollment in the private or parochial school or the parents or guardians continue to financially provide for the education. The local department may decline to license a kinship caregiver if: The kinship caregiver, an adult household member or the kinship resource home cannot or will not meet the requirements of this chapter; The local department determines that the kinship caregiver knowingly reported false information having a substantial bearing on the licensing of the home; The local department has previously denied or revoked the kinship caregiver’s license, unless the local department is satisfied that the kinship caregiver has corrected the condition that was the basis for the denial or revocation; The kinship caregiver prevents the local department from completing its licensing responsibilities; The kinship caregiver or adult household member has been convicted of a crime identified in Regulation .03B of this chapter; An evaluation of criminal convictions other than those identified in Regulation .03B of this chapter indicates behavior harmful to children, taking into consideration all relevant factors, including the relationship of the crime to the capacity to care for children; Based on facts substantiated by objective evidence and taking into account the age and abilities of the child in care, the local department concludes a kinship caregiver cannot provide for the child in care’s physical, medical, mental health and educational needs because of: A kinship caregiver or adult household member’s history of child abuse and neglect findings; Substance or alcohol misuse; Physical or mental health conditions; or A condition or combination of conditions that cannot be improved and prevent the kinship caregiver from providing for the child in care’s physical, emotional, medical, or educational needs. Before issuing any denial, the local department shall provide a secondary review process in accordance with policy established by the Administration. This process shall include: Assessing the licensing materials to ensure compliance with the licensing requirements stipulated in this chapter and addressing any identified areas of concern; and Evaluating the proposed grounds for the proposed denial to determine whether the evidence substantiates the local department’s decision, with particular emphasis on determining that the safety of the child in care would be compromised. A local department shall review each kinship caregiver and home: Annually; or If there are significant changes in the lives of the kinship caregiver or household, discuss the significant change and determine if a review is necessary. Significant changes may include: Illness or death of a household member; Marital problems or significant conflict in the household; A move to a new residence; Suspected abuse or neglect in the home; and Changes in family composition due to individuals leaving or joining the household, marriage, separation, divorce, or another occurrence. In an annual review, the local department shall: Conduct at least one home visit to determine continuing compliance with this chapter; Review child protective services records, criminal background records, state and national sex offender registries, and the results of a search in the Maryland Judiciary Case Search for the kinship caregiver and all household members 18 years old or older; and Meet with the kinship caregiver to discuss the prior year and concerns and needs of the kinship caregiver. In any review under this regulation, the local department shall: Conduct a kinship caregiver assessment of any new kinship caregiver who has not previously had an assessment as required by this regulation; Require that a new kinship caregiver or household member 18 or older apply within 5 business days for a State and federal fingerprint-based criminal background clearance and consent to a child abuse and neglect clearance; When applicable, require that: Any new kinship caregiver has a medical examination if requested by the local department for a reason set forth in Regulation .03E of this chapter: Any new kinship caregiver sign the required forms and a Resource Parent and Kinship Caregiver Agreement; Identify any circumstances or conditions that may affect continued placement of the child in care with the kinship caregiver and any other matters having a bearing on the child in care’s physical, emotional, medical, or educational needs; and Identify resources and develop a plan to address and resolve any outstanding health or safety concerns by an agreed-upon date. A worker shall notify the kinship caregiver in writing within 30 days of completing the review of the kinship caregiver’s license status. A kinship caregiver license can be revoked or suspended for any violation of a regulation in this chapter. If the kinship caregiver moves to a new residence, the local department shall assess the home by completing a new Kinship Caregiver and Home Assessment. A local department shall: Provide individualized case-by-case safety assessments consistent with facts and objective evidence; and apply legitimate requirements necessary to meet the physical, emotional, medical, or educational needs of the child in care that are not based on stereotypes or generalizations; and provide a reasonable modification of policies, practices, or procedures, or auxiliary aids or services to ensure an equal opportunity to be licensed as a kinship caregiver; Help kinship caregivers understand their rights and responsibilities; Consistent with Regulation .08A of this chapter, provide the kinship caregivers with all information that is available about the child in care and the reason the local department took the child into care; Advise the kinship caregiver about medical requirements regarding children in care; Provide the kinship caregiver with a health passport for each child in care placed in the home and determine the kinship caregiver’s role in health care and educational decision-making; Maintain regular contact with the kinship caregiver and the child in care; Provide appropriate supportive services that will enable the kinship caregiver to meet the unique needs of the child in care; Respond as soon as possible or provide appropriate crisis response contacts for crisis situations that may arise from the child's placement in the kinship resource home; Upon placement, initiate a monthly care stipend for the kinship caregiver, explain the initial clothing allowance and how to obtain payment or reimbursement for allowable expenditures made to meet the needs of the child in care, including child care; Inform the kinship caregiver of any requirements in the service plan that would directly affect a child in care; Inform the kinship caregiver of the child in care’s permanency plan, including family finding efforts, keep them updated as to the progress of that plan, and give the kinship caregiver the ability to provide input as to the plan; Obtain the agreement of the kinship caregiver for any visitation plan that involves the use of the kinship caregiver’s home or requires the kinship caregiver to transport the child in care, with attempts made to balance the kinship caregiver’s right to privacy with the right of the parents or guardians to visit the child; and Assist the kinship caregiver in preparation for the separation of the child from out-of-home care. An individualized assessment consistent with facts and objective evidence and an equal opportunity to be licensed as a kinship caregiver. Information About a Child in Care. Before a local department places a child in care and upon learning new information, the worker shall provide the kinship caregiver with all known information about the child’s medical, mental health, behavioral, educational, social, and emotional background, including the reason the child in care entered care and any change in the case plan. Information about the child's family that may be privileged or confidential may not be disclosed. Monthly Care Stipend. Upon placement, the kinship caregiver has a right to a timely monthly care stipend, an initial clothing allowance if this is the child in care’s first placement, and timely reimbursement for allowable expenditures made to meet the child in care’s needs, including child care. Notice of Court Hearings and Meetings. Except for meetings covered by attorney-client privilege, or meetings when confidential information about the parents or legal guardians is discussed, the worker shall advise the kinship caregiver of: The date and time of, and when applicable, right to participate in, family team decision meetings and educational or mental health team meetings regarding a child in care placed in the kinship resource home; Unless waived for good cause, at least 10 days before scheduled court proceedings, the date and time of any scheduled court hearing; The right to be heard at court hearings; Recommendations the local department will make in court regarding the child in care’s permanency plan, placement, or visitation; and Decisions made by the local department and court regarding a child in care placed in the kinship resource home. Advance Notice of Removal. Except as waived by court order or when the local department determines that a child in care is at imminent risk of harm, the local department shall give the kinship caregiver reasonable written notice of plans to remove the child from the kinship resource home. Responsibilities to a Child in Care. A kinship caregiver shall: Participate in the child in care’s physical health, mental health, and dental health care, including documenting every healthcare visit in the child in care’s health passport and advising the child in care’s worker; Participate in the child in care's educational process; Provide supervision and guidance appropriate to the child in care’s age and developmental level; Provide daily essentials that are required for the health, comfort, and personal care of a child in care; Help the child in care cope with any anxiety of being away from the child in care’s family or guardians and promote the child in care's self-esteem and positive self-image; Respect the child in care and the child in care's family and kin; Whenever possible engage and partner with the child in care’s family and kin; Be sensitive to and respect the child in care's individual needs, tastes, and values, and support the child in care's religious beliefs, cultural customs, sexual orientation, gender identity and expression; Involve the child in care in family activities; Establish clear expectations for and limits on behavior; Provide or arrange transportation to appointments, extracurricular activities, employment, social, and cultural events; Support the child in care in understanding their permanency plan and any move from the kinship resource home; Provide an environment free from exposure to secondhand smoke for children in care; and Protect confidential information regarding a child in care and their family. Responsibilities to a Child in Care's Family. A kinship caregiver shall: Assist the local department in maintaining and improving the child in care's relationship with the child in care’s family and support this relationship by helping with family visits, which may include visits in the kinship resource home; Maintain an attitude of respect and understanding towards the child in care’s parents or legal guardians; Provide regular updates and information about the child in care's life; and Serve as a role model for the child in care’s parents or legal guardians. Responsibilities to the Local Department. A kinship caregiver shall: Work as a team member in assessing a child in care's strengths and needs, and implementing the child in care's case plan; Update the local department on the child in care's development and adjustment; Attend case reviews and meetings as requested by the local department; Immediately notify the local department of changes within the kinship caregiver’s family, such as: Employment and child care arrangements; Composition of the household; Address, telephone number, and email address; Health status; and Stressful conditions that may affect the child in care. Provide at least 30 days notice when requesting a child in care be moved except in circumstances that immediately affect the child in care or resource family’s health or safety; Report any suspected incidence of child physical or sexual abuse or neglect to the local department as soon as the incident becomes known to the kinship caregiver; Notify the local department if a child in care runs away or otherwise cannot be located; and Notify the local department of any criminal charges, investigations, or findings related to any crime committed by a household member, as identified in Regulation .03B of this chapter. The local department shall provide kinship caregivers with developmentally appropriate and trauma-responsive resources to manage the behaviors of children in care, including behavior management methods, and connect the kinship caregiver with community programs to address concerning behaviors. Kinship caregivers shall establish clear expectations for behavior and understand and manage challenging behaviors in a trauma-responsive manner, rewarding good behavior. Only a kinship caregiver or other adult caregiver approved by the local department and known to the children in care may discipline children in care. Kinship caregivers may only physically restrain a child in care to protect the child in care from self-injury or from injuring others. Prohibited punishments include: Using corporal punishment that includes spanking, shaking, physical hitting, or any other type of physical punishment, no matter how inflicted; Requiring physical exercises such as running laps or performing pushups; Forcing a child in care to assume or hold an uncomfortable position, such as squatting or bending, or to repeat physical movements; Confining a child in care in a locked room; Using mechanical or chemical restraints; Making remarks that belittle or ridicule a child in care or a child in care's family; Denying essential program services, such as not taking a child in care to a planned appointment for educational, psychiatric, or psychological services; Withholding visitation or communication with the child in care’s family; Withholding meals, clothing, or bedding, or disrupting a child in care’s sleep; and Threatening to have a child in care removed from the home. Initial Notification. If the local department receives a report of suspected abuse or neglect and initiates an investigation, the local department shall; Notify the kinship caregiver that a report of abuse or neglect has been made. Notify the parents or guardians of any child in care living in the kinship resource home and the child in care’s attorney. Investigation. The CPS unit of a local department shall respond to the report of abuse or neglect as required by COMAR 07.02.07. An allegation of abuse or neglect in a kinship resource home does not require the automatic removal of children in care placed in the kinship resource home. The local department shall assess and determine whether it is in the best interests of any children in care placed in the kinship resource home to remain in the kinship resource home pending completion of the investigation. A local department staff member shall visit the kinship resource home at least weekly as long as any children in care remain in the home until the local department decides whether to continue the child in care’s placement with the kinship caregiver. A local department shall not place additional children in care in the home for care or respite care pending the outcome of the investigation and a decision by the local director or designee as to whether the child in care’s placement with the kinship caregiver will continue. The worker and kinship caregiver may take any necessary actions to ensure the safety of the alleged victim pending completion of the investigation, but shall not create a safety plan for children in care. Continued Licensure of a Kinship Resource Home. Within 5 business days of completing the investigation, the local department shall determine whether the kinship caregiver, household members, and kinship resource home still meet the standards for a license and make a recommendation to the local director regarding continued licensure of the kinship caregiver. Within 5 business days after receiving the recommendation of the staff, the local director shall render a written decision as to the continued licensure of the kinship caregiver and whether any children in care removed from the kinship resource home may be returned. The local department shall provide the written decision to the parents or guardians of any children in care living in the kinship resource home, the attorneys for those children in care, and the kinship caregiver. A copy of the local director's decision shall be forwarded to the Administration and uploaded into the electronic system of record of the kinship caregiver and any children in care placed in the home when the alleged abuse or neglect occurred. Grounds. A local department may close a kinship resource home and revoke a kinship caregiver license for any of the following reasons: The child in care for whom the kinship caregiver was caring no longer lives in the home and is not expected to return within 6 months; The kinship caregiver has asked the local department to remove the child in care; On-going conditions or combination of conditions that cannot be improved and prevent the kinship caregiver from providing for the physical, medical, mental health, and educational needs of the child in care; and Misconduct in the kinship resource home, indicated abuse or neglect of a child in care, or other conditions that cannot be improved and pose an immediate threat to a child in care’s health or safety. Notice of Closure and Revocation. The local department shall provide written notice of the decision to close the home and revoke the kinship caregiver’s license, including the action the local department will take, the grounds for the action, and a description of the kinship caregiver’s appeal rights. Removal of Children in Care upon Revocation. Upon deciding to revoke the license of a kinship caregiver, the local department shall immediately remove children in care placed in the home. Relicensure After Closure and Revocation. Once revoked, a local department may not restore a kinship caregiver’s license unless: The local department determines that the kinship caregiver's license was not revoked due to noncompliance with any regulation in this chapter and the kinship caregiver undergoes the relicensing process. There has been an appeal hearing decision favorable to the kinship caregiver; or The local director has given written approval for the relicensing. Appeal Rights. A kinship caregiver aggrieved by a local department's decision to deny, suspend, or revoke a license may appeal under COMAR 07.01.04. Exclusive Jurisdiction of Courts. A kinship caregiver may not use these procedures to appeal a court’s decision or a decision that only a court can make. Expedited Appeal. A kinship caregiver who intends to adopt a child the local department has placed in the kinship caregiver’s home may appeal a local department’s decision to remove the child by advising the local department within 30 days of the removal. The local department shall notify the Office of Administrative Hearings of the appeal; and The Office of Administrative Hearings shall hold a hearing and issue a decision within 45 days of receiving the request. Additional Hearing Rights Under COMAR 07.02.26. If a local department removes a child in care from a kinship resource home because of a child protective services finding, the local department shall advise the kinship caregiver of the rights of the alleged maltreater to request a hearing under COMAR 07.02.26 to challenge that finding. Effective date: March 20, 2000 (27:5 Md. R. 581) Chapter repealed effective April 16, 2012 (39:7 Md. R. 490) New Regulations .01 — .13 adopted effective December 12, 2024 (51:24 Md. R. 1081)