# COMAR Title 07 — Department of Human Services

## Subtitle 02 — Social Services Administration

### Chapter 10 — Youth Transitional Services

**Authority:** Courts and Judicial Proceedings Article, §3-801 et seq.; Family Law Article, §§1-101, 5-501—5-503, 5-524—5-525, 5-527—5-528, and 5-531—5-532; Annotated Code of MarylandAgency Note: Federal Reference: Fostering Connection Act of 2008, PL110-35

**Administrative History:** Effective date: October 31, 1973

**Administrative History:** Regulation .04C, G amended effective January 5, 1977 (4:1 Md. R. 15)

**Administrative History:** Chapter revised effective May 18, 1979 (6:10 Md. R. 840)

**Administrative History:** Chapter revised effective September 12, 1983 (10:18 Md. R. 1606)

**Administrative History:** Chapter, Service to Single Parents, repealed effective April 5, 1999 (26:7 Md. R. 542)

**Administrative History:** Regulations .01—.19, Independent Living Preparation Program, adopted effective March 4, 2002 (29:4 Md. R. 416)

**Administrative History:** Regulation .13B, C amended effective October 6, 2008 (35:20 Md. R. 1773)

**Administrative History:** Chapter revised effective April 2, 2012 (39:6 Md. R. 407)

**Administrative History:** Regulation .01 amended effective April 24, 2017 (44:8 Md. R. 401)

**Administrative History:** Regulation .02B amended effective May 12, 2014 (41:9 Md. R. 519); April 24, 2017 (44:8 Md. R. 401)

**Administrative History:** Regulation .03 amended effective May 12, 2014 (41:9 Md. R. 519)

**Administrative History:** Regulation .04B amended effective April 24, 2017 (44:8 Md. R. 401)

**Administrative History:** Regulation .08D amended effective May 22, 2017 (44:10 Md. R. 469)

**Administrative History:** Regulation .09D amended effective April 24, 2017 (44:8 Md. R. 401)

**Administrative History:** Regulation .12 amended effective May 12, 2014 (41:9 Md. R. 519)

**Administrative History:** Regulation .13 repealed effective May 12, 2014 (41:9 Md. R. 519)

**Administrative History:** Regulation .18B amended effective May 22, 2017 (44:10 Md. R. 469)

#### Regulation .01 Purpose.

*COMAR 07.02.10.01*

The purpose of Youth Transitional Services is to prepare and assist youth to make the transition to successful adulthood. Services are designed to promote self-sufficiency and responsible living.

#### Regulation .02 Definitions.

*COMAR 07.02.10.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Social Services Administration.

  (2) “Agency” means an organization licensed to provide transitional services to youth.

  (3) “Benchmark” means specific strategies and actions that focus on preparing youth for independence.

  (4) “Case manager” means the individual or agent of a local department or provider agency responsible for:

    (a) Assisting in implementing the permanency plan; and

    (b) Ensuring the provision of needed services to the youth.

  (5) “Case plan” means a written description of the youth's needs and services to be provided to meet those needs as outlined in COMAR 07.02.11.

  (6) “Department” means the Department of Human Services.

  (7) “Flexible funds” means transitional youth funds available to local departments for the purchase of goods and services necessary to support the objectives of the case plan when no other resource is available.

  (8) “Foster care” means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in an approved family home.

  (9) “Independent living aftercare” means services provided to a former foster care youth who was in out-of-home placement on their 18th birthday but has not attained the age of 21 or who after attaining 16 years of age, left foster care for kinship guardianship or adoption.

  (10) “Local department” means the local department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services.

  (11) “Local department independent living coordinator” means the staff person within a local department responsible for coordination of independent living activities for youth within that jurisdiction.

  (12) “Mentor” means an adult approved by the State or local government who has volunteered to act as a role model and provide positive guidance and support to youth in out-of-home placement.

  (13) “Permanency plan” means a plan specifying:

    (a) Where the youth shall live;

    (b) With whom the youth shall live; and

    (c) The proposed legal relationship between the youth and the permanent caretaker or caretakers.

  (14) “Provider agency” means a licensed child placement agency.

  (15) “Room and board” means a shared or independent living arrangement that includes food and shelter.

  (16) “Semi-independent living” means a subsidized living arrangement for youth 16 to 21 years old receiving youth transitional services.

  (17) “Semi-independent living arrangement” means an apartment, boarder arrangement, or other living arrangement approved by the local department, except that a local department may not approve an arrangement for housing in a transient or emergency-type facility, such as a rescue mission, nonresidential hotel, motel, adult shelter, or tourist home.

  (18) “Service agreement” means a written plan that specifies:

    (a) The youth transitional service goals for the youth;

    (b) Tasks required to meet the needs of the youth;

    (c) Those individuals responsible for completion of the tasks;

    (d) The time frame for completion of the tasks; and

    (e) Consent of all parties to the service agreement.

  (19) “State Independent Living Coordinator” means the individual who administers the Statewide services.

  (20) “Strengths and needs assessment” means a written assessment identifying the youth's:

    (a) Strengths;

    (b) Weaknesses;

    (c) Living skills;

    (d) Employability; and

    (e) Education level.

  (21) “Successful adulthood” means when a youth exits the foster care system with the transitional skills to become self-sufficient as age and developmentally appropriate for the individual youth.

  (22) “Youth advisory board” means a group of foster youth who provide input in the planning, design, and implementation of youth transitional activities and services.

  (23) “Youth Transitional Services" means providing services and supervision to prepare youth for self-sufficiency after discharge from out-of-home placement.

#### Regulation .03 Eligibility.

*COMAR 07.02.10.03*

A. To be eligible for youth transitional services, a youth shall be age 14 to 21 years old, committed to a local department or in out-of-home placement pursuant to a voluntary placement agreement.

B. Youth 14 to 21 years old are eligible for age appropriate youth transitional services, regardless of the type of placement or permanency plan.

#### Regulation .04 Program Requirements.

*COMAR 07.02.10.04*

A. Youth transitional services shall be made available to all eligible youth and shall include the following components:

  (1) Assessment services;

  (2) Service agreement;

  (3) Case plan;

  (4) Transition plan;

  (5) Case management services; and

  (6) Semi-independent living services.

B. The local department shall promote youth participation in youth transitional services in order to encourage youth to accept responsibility for:

  (1) Preparing for adulthood; and

  (2) Making the transition from adolescence to successful adulthood.

#### Regulation .05 Assessment Services.

*COMAR 07.02.10.05*

A. Youth who participate in youth transitional services shall have a strengths and needs assessment that identifies the youth's:

  (1) Strengths and weaknesses;

  (2) Independent living skills;

  (3) Education level;

  (4) Employability;

  (5) Emotional and support systems;

  (6) Documented disability or special needs;

  (7) Financial resources;

  (8) Housing needs; and

  (9) Life goals, including such topics as:

    (a) Occupation;

    (b) Housing;

    (c) Family life; and

    (d) Health care decisions.

B. The assessment shall be used as a tool for the youth and the caseworker to develop specific tasks:

  (1) To move the youth towards the goal of self-sufficiency; and

  (2) Which may be included in the youth's service agreement.

C. A safety assessment shall be conducted in accordance with the safety assessment established by the Department.

#### Regulation .06 Benchmarks.

*COMAR 07.02.10.06*

A. The caseworker shall consult with youth beginning at the age of 14 to establish appropriate benchmarks.

B. Individual benchmarks shall be established in the following areas:

  (1) Education;

  (2) Employment;

  (3) Health and mental health;

  (4) Housing;

  (5) Financial literacy and resources; and

  (6) Family and friends support.

C. Benchmarks shall be reviewed at least every 180 days.

#### Regulation .07 Case Plan.

*COMAR 07.02.10.07*

A. Youth who participate in youth transitional services shall have a case plan as described in COMAR 07.02.11.

B. In addition to the components required by COMAR 07.02.11, the case plan shall include:

  (1) The youth's strength and needs assessment;

  (2) A description of the youth's current living arrangements;

  (3) Educational placement;

  (4) Health care status;

  (5) Documentation of special needs;

  (6) A personal budget;

  (7) Benchmarks;

  (8) A signed service agreement; and

  (9) A discussion of progress made by the youth towards the goal or goals identified in the youth transitional services agreement.

#### Regulation .08 Service Agreement and Transition Plan.

*COMAR 07.02.10.08*

A. Youth who participate in youth transitional services shall have a service agreement as described in COMAR 07.02.11. The service agreement shall establish:

  (1) Youth transitional services goals;

  (2) Tasks required to meet the service goals;

  (3) Individuals responsible for completion of tasks; and

  (4) Time frames for completion of tasks.

B. For the semi-independent living arrangement, the service agreement shall also include the following:

  (1) A plan for financing a semi-independent living arrangement, which specifies:

    (a) The local department's contribution as delineated in Regulation .15 of this chapter;

    (b) The youth's contribution as set forth in Regulation .15 of this chapter;

  (2) The date by which it is anticipated the youth's income may increase to enable the youth to become financially self-sufficient;

  (3) A statement that the youth's subsidy shall be decreased when the youth's income increases;

  (4) A statement that the local department shall stop subsidy payments if the youth fails to comply with the service agreement; and

  (5) A statement explaining the youth's responsibility to inform the local department within 72 hours of any:

    (a) Changes in the youth's situation, including termination, transfer, or resignation of employment;

    (b) Termination, resignation, or failure to participate in education or training programs;

    (c) Housing relocation; or

    (d) Arrest.

C. As appropriate, youth 18 to 21 years old receiving independent living aftercare services shall have a service agreement which supports the following areas, as appropriate:

  (1) A plan for making the transition to self-sufficiency, including:

    (a) Goals;

    (b) Tasks to be completed; and

    (c) Individuals responsible for completion of tasks;

  (2) Education, including post-secondary education;

  (3) Employment and vocational training;

  (4) Personal and emotional support; and

  (5) The youth's efforts to achieve self-sufficiency and recognize and accept personal responsibility in preparing for and making the transition to adulthood.

D. Youth Transition Plan.

  (1) The caseworker shall prepare a youth for the development of a transition plan 120 days prior to the youth’s 14th birthday.

  (2) Once a youth in out-of-home placement reaches the age of 14, the caseworker shall work with the youth to develop an individualized transition plan.

  (3) For youth 14 years and older, the transition plan shall be updated at least every 180 days.

  (4) Except as applicable in §D(5) of this regulation, the transition plan shall be finalized 90 days prior to the youth’s 18th birthday.

  (5) For youth 18 to 21 years old, a transition plan shall be updated at least every 180 days, and shall be finalized 90 days prior to the youth attaining the age of 21 or exiting care.

  (6) The youth transition plan shall be:

    (a) Personalized at the direction of the youth; and

    (b) Detailed with regard to choices and options in:

      (i) Housing;

      (ii) Health insurance;

      (iii) Education;

      (iv) Opportunities for mentors and support services;

      (v) Employment; and

      (vi) Health, including: mental health, sexual health and family planning; and directives concerning decision making if the youth becomes unable to make healthcare decisions.

  (7) The youth transition plan shall be documented in the case plan and incorporated in the permanency hearings.

#### Regulation .09 Transitional Youth Services.

*COMAR 07.02.10.09*

A. Youth 14 to 21 years old committed to a local department or placed in out-of-home placement pursuant to a voluntary placement agreement shall receive youth transitional services, regardless of the type of placement or permanency plan.

B. Services to youth shall be appropriate to the youth's level of education and functioning as determined by the strengths and needs assessment and any documented disability.

C. Youth transitional services for a youth in out-of-home placement include:

  (1) Identification of the need for vocational, educational, or specialized training to the youth in obtaining independence;

  (2) Instruction in basic living skills, such as:

    (a) Decision making and time management;

    (b) Educational and vocational planning;

    (c) Home emergency and safety;

    (d) Housing acquisition and management;

    (e) Personal hygiene;

    (f) Physical and mental health care;

    (g) Substance abuse prevention;

    (h) Preventive health activities (including smoking avoidance and pregnancy prevention);

    (i) Understanding legal issues;

    (j) Selecting positive leisure activities;

    (k) Money management and consumer awareness;

    (l) Nutrition and meal planning;

    (m) Parenting;

    (n) Effective social interactions;

    (o) Using transportation; and

    (p) Activities of daily living;

  (3) Assistance in seeking and maintaining employment, including techniques for:

    (a) Job searching;

    (b) Interviewing;

    (c) Selecting appropriate attire for the workplace; and

    (d) Practicing work place etiquette including:

      (i) Relationships with coworkers;

      (ii) Appropriate language;

      (iii) Employer/employee relationships; and

      (iv) Attendance and punctuality; and

  (4) Assistance in:

    (a) Identifying and accessing community resources; and

    (b) Developing a support network.

D. To ensure that youth participating in youth transitional services are provided personal and emotional support as they make the transition to successful adulthood, referrals shall be made to appropriate mentoring partners to foster positive mentoring relationships between youth and dedicated adults.

#### Regulation .10 Caseworker Services.

*COMAR 07.02.10.10*

A. The caseworker shall provide services to youth that are committed to the local department or in out-of-home placement pursuant to a voluntary placement agreement that address the youth's physical, mental health, and emotional needs as delineated in COMAR 07.02.11.

B. The caseworker shall also provide services, which may include:

  (1) Making referrals to educational or vocational training programs appropriate to a youth's skills;

  (2) Supporting and monitoring a youth's compliance with the service agreement; and

  (3) Maintaining monthly visits or contacts with the youth to support progress toward achievement of the youth's identified goals.

C. The caseworker shall conduct a written review every 180 days to determine the appropriateness of:

  (1) The youth's living arrangements;

  (2) Any service agreement; and

  (3) The youth transitional services provided.

D. The caseworker shall assist the youth to apply for medical assistance before exit from out-of-home placement.

#### Regulation .11 Semi-Independent Living Arrangement.

*COMAR 07.02.10.11*

A. The purpose of the semi-independent living arrangement is to provide youth an opportunity to learn and practice independent living skills and activities for a specified time period as indicated in the service agreement while receiving services from the local department and provider agency.

B. A youth 16 to 21 years old may be eligible to participate in a semi-independent living arrangement if the youth:

  (1) Is continually enrolled in and regularly attending school or vocational training or is working at least 80 hours per month;

  (2) Agrees to the requirements of the service agreement;

  (3) Needs help in transitioning to self-sufficiency; and

  (4) Is capable of contributing to the cost of the semi-independent living arrangement through:

    (a) Earned income from employment; or

    (b) Unearned income such as scholarships, stipends, grants, work-study arrangements, Social Security (supplemental security income or survivor's benefits), or any combination.

C. Youth who are interested in residing in a semi-independent living arrangement shall:

  (1) Meet the eligibility requirements; and

  (2) Apply to the local department.

D. Youth not meeting the requirements of §B(1) and (3) of this regulation may be eligible for participation in a semi-independent living arrangement if the youth has a documented disability in living skills and the youth's case plan documents how the youth's disability can be accommodated in a semi-independent living arrangement.

E. Youth may live in approved placements as outlined in Regulation .02B(19) of this chapter.

#### Regulation .12 Independent Living Aftercare Services.

*COMAR 07.02.10.12*

A. Independent living aftercare services are available on a voluntary basis to youth 18 to 21 years old who were in out-of-home placement on their 18th birthday or after attaining the age of 16 exited to kinship guardianship or adoption.

B. Independent living aftercare goals are designed to complement the efforts of former foster care recipients between 18 to 21 years old to achieve self-sufficiency by providing:

  (1) Financial assistance to purchase goods and services;

  (2) Temporary assistance with room, board and utilities;

  (3) Counseling;

  (4) Employment assistance;

  (5) Education;

  (6) Medical assistance; and

  (7) Other appropriate services to assist with self-sufficiency.

C. Youth are eligible to participate in independent living aftercare services if they:

  (1) Are 18 to 21 years of age; and

    (a) Have exited from out-of-home placement after attaining the age of at least 18; or

    (b) After attaining the age of 16 exited to kinship guardianship or adoption.

  (2) Participate in the development of a service agreement and sign and comply with its terms; and

  (3) Need continued help in making the transition to self-sufficiency.

D. Youth who apply for independent living aftercare services shall:

  (1) Meet eligibility requirements;

  (2) Receive services from the local department in the jurisdiction in which they reside; and

  (3) Be subject to an intake screening process by the local department to determine appropriateness of aftercare services.

E. Youth age 18 to 21 years old receiving independent living aftercare services may be provided assistance with room and board that may include:

  (1) Shared housing; or

  (2) Independent housing.

F. All Maryland foster youth who were in foster care at 18 years old are eligible to continue to receive medical assistance up to 26 years old in the foster care category.

G. Services may be provided for up to 180 days.

  (1) Services may be extended with authorization from the local director or the local director's designee.

  (2) Youth may reapply for services up to 21 years old.

#### Regulation .13 Enhanced Aftercare Services — Repealed.

*COMAR 07.02.10.13*

#### Regulation .14 Youth Training Requirements.

*COMAR 07.02.10.14*

A. The Administration shall conduct training consistent with the goals of the John H. Chaffee Foster Care Independence Act regarding the issues confronting adolescents preparing for independence.

B. Training shall include:

  (1) Instructions in basic living skills as defined in Regulation .09C(2) of this chapter;

  (2) Substance abuse;

  (3) Sexuality;

  (4) Gang involvement;

  (5) Violence;

  (6) Peer pressure;

  (7) Grief and loss;

  (8) Education;

  (9) Employment;

  (10) Health and mental health;

  (11) Housing;

  (12) Financial literacy and resources; and

  (13) Family and friends support.

C. Training regarding the issues confronting adolescents preparing for independence shall be offered to:

  (1) Local department staff;

  (2) Provider agency staff;

  (3) Group home staff; and

  (4) Foster and adoptive parents.

#### Regulation .15 Funding.

*COMAR 07.02.10.15*

A. All purchases shall be made as outlined in COMAR 21.05.01.01.

B. Semi-independent living arrangement payments.

  (1) The local department may provide funding for youth participating in semi-independent living or enhanced aftercare.

  (2) The local department may pay a semi-independent living arrangement payment for the youth's participation in youth transitional services to assist youth in obtaining:

    (a) Food;

    (b) Transportation;

    (c) Clothing;

    (d) Recreation;

    (e) Education;

    (f) Housing; and

    (g) Other approved needs.

  (3) The maximum semi-independent living arrangement payment may not exceed 100 percent of the regular foster care maintenance rate as delineated in COMAR 07.02.11.

  (4) The local department shall pay the youth directly, except when the local department determines the youth:

    (a) Is not in compliance with the service agreement; or

    (b) Has demonstrated an inability to manage money.

  (5) When a youth is not paid directly, the youth shall have a representative payee.

C. Flexible Funds.

  (1) If available, flexible funds may be utilized to pay expenses related to the youth becoming self-sufficient.

  (2) The local department may approve expenses if the youth's case record documents:

    (a) A need for the service or item as established in the service agreement; and

    (b) The service or item is not available without cost elsewhere.

#### Regulation .16 Termination of Transitional Services Funding.

*COMAR 07.02.10.16*

A. The local department may terminate funding as a result of:

  (1) Youth’s failure to comply with service agreement;

  (2) Marriage; or

  (3) Military duty.

B. The local department shall terminate funding if the youth:

  (1) Reaches 21 years old;

  (2) Dies; or

  (3) Voluntarily terminates services.

C. The local department shall notify the youth in writing 30 days before taking action to deny, suspend, reduce, or terminate funding.

D. The notification shall include:

  (1) The date the funding will be affected;

  (2) The reason for the action; and

  (3) Notification of the youth's right to appeal the decision in accordance with COMAR 07.01.04.

E. Upon termination of the funding, the local department shall:

  (1) Arrange for the youth's placement in another approved foster care setting if the youth is still in out-of-home care or enhanced aftercare; and

  (2) Continue to provide youth transitional services when the following circumstances exists:

    (a) The youth is under the jurisdiction of the juvenile court and is committed to a local department for placement or continues under the care of the local department pursuant to a voluntary placement agreement; and

    (b) The youth 18 to 21 years old is:

      (i) Completing secondary education or a program leading to an equivalent credential;

      (ii) Enrolled in an institution that provides post-secondary or vocational education;

      (iii) Participating in a program or activity designed to promote or remove barriers to employment;

      (iv) Employed for at least 80 hours per month; or

      (v) Incapable of doing any of the above described activities due to medical condition, which incapability is supported by regularly updated information in the case plan of the child.

#### Regulation .17 Youth Advisory Boards.

*COMAR 07.02.10.17*

A. Local departments shall establish a youth advisory board to ensure that foster youth are provided the opportunity to participate directly in the design and implementation of transitional services and make recommendations for improvements to the services.

B. The Administration shall establish a State advisory board consisting of representatives from the local department youth advisory boards to directly participate at the statewide level in the design and implementation of transitional services and make recommendations for statewide improvements in the services.

C. The youth advisory board shall:

  (1) Empower youth to have a positive effect in their communities;

  (2) Encourage youth to develop leadership skills;

  (3) Provide an opportunity for youth to network with other youth;

  (4) Develop a speaker's bureau to represent the board;

  (5) Enhance partnerships between youth and adults;

  (6) Assist in planning for and participate in the annual teen conference; and

  (7) Review State and federal legislation that may affect youth transitional services.

D. Each local department shall appoint one board member and one alternate to serve on the State youth advisory board.

#### Regulation .18 Termination of Youth Transitional Services.

*COMAR 07.02.10.18*

A. The local department shall terminate youth transitional services if the youth is 18 to 21 years old and:

  (1) The out-of-home placement case is closed; or

  (2) The youth is not participating in youth transitional services.

B. Before a youth 18—21 years old leaves out-of-home placement, the caseworker shall:

  (1) Conduct an exit conference with the youth;

  (2) Schedule a family meeting;

  (3) Review the transition plan with the youth;

  (4) Obtain contact information for the youth;

  (5) Provide the youth, free of charge, with a:

    (a) Certified birth certificate;

    (b) Social security card;

    (c) Health insurance card; and

    (d) Health passport; and

  (6) Assist the youth with obtaining either a Maryland identification card or a Maryland driver’s license.

C. Foster care services may not continue after a youth is 21 years old. If appropriate, the local department shall refer the 21-year-old to:

  (1) The Department's Office of Adult Services; or

  (2) Other agencies for continuing support to maintain independence.

#### Regulation .19 Accountability and Reporting.

*COMAR 07.02.10.19*

A. A local department administering youth transitional services shall track:

  (1) The number of youth receiving transitional and aftercare services;

  (2) The characteristics of the youth receiving transitional and aftercare services;

  (3) The type and quantity of services being provided to youth; and

  (4) The outcomes for participating youth.

B. Outcome measures used to assess the operation and effectiveness of the youth transitional services shall include:

  (1) Educational attainment;

  (2) Employment;

  (3) Avoidance of dependency;

  (4) Homelessness;

  (5) Non-marital child birth;

  (6) Incarceration; and

  (7) High risk behaviors.

C. National Youth in Transition Database.

  (1) The purpose is to:

    (a) Develop a data collection system to track the youth transitional services provided to youth; and

    (b) Develop outcomes that measure success in preparing youth for their transition from out-of-home placement to independence.

  (2) The Administration shall collect data on youth in two intervals.

    (a) The baseline data shall be collected on all youth in out-of-home placement within 20 days of the youth’s 17th birthday to track the needs of the youth.

    (b) Follow-up data shall be collected when the youth attains 19 years old and 21 years old.

  (3) Data shall be collected in the following areas:

    (a) Strength and needs assessment;

    (b) Academic support;

    (c) Post-secondary educational support;

    (d) Career preparation;

    (e) Employment programs or vocational training;

    (f) Housing education and home management training;

    (g) Budget and finance management;

    (h) Health education and risk prevention;

    (i) Family support and healthy marriage education;

    (j) Mentoring;

    (k) Supervised independent living;

    (l) Room and board financial assistance; and

    (m) Education financial assistance.

  (4) Outcomes shall measure:

    (a) Financial self-sufficiency;

    (b) Experience with homelessness;

    (c) Educational attainment;

    (d) Positive adult connections;

    (e) High-risk behavior; and

    (f) Access to health insurance.

#### Regulation .20 Confidentiality.

*COMAR 07.02.10.20*

The confidentiality of information regarding youth shall be strictly safeguarded according to the confidentiality requirements in COMAR 07.01.07 and the access of records requirements in COMAR 07.01.02. The provider agencies and foster parents shall protect the confidentiality of information regarding the foster youth and their natural parents or guardians or caretakers.

#### Regulation .21 Fair Hearings.

*COMAR 07.02.10.21*

The provisions of COMAR 07.01.04 apply to this chapter.