<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".15" citation="COMAR 07.02.11.15" title_num="07" subtitle_num="02" chapter_num="11" heading="Service Agreements.">
  <paragraph num="A.">
    <text>As appropriate to each case, the local department shall develop a written service agreement:</text>
    <paragraph num="(1)">
      <text>With the child's parents or legal guardian, within 60 days of removal if the plan is to return the child to the parents or legal guardian;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>With the parents or legal guardian within 30 days before the planned reunification; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For the child 16 years old and older, with the child, the parents or legal guardian, and, where appropriate, the foster parents or representative payee.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>When the permanency plan is reunification, the caseworker shall inform the parents or legal guardian, verbally and in writing, that:</text>
    <paragraph num="(1)">
      <text>Their cooperation in developing the service agreement and in fulfilling the terms of the agreement is imperative;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A concurrent permanency plan will be implemented in accordance with State and federal laws; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A court which is considering whether to terminate parental rights will consider the extent to which all parties have fulfilled their obligations under a service agreement.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If the parents or legal guardian refuse to meet with the caseworker to develop an agreement, or cannot reach an agreement concerning reunification efforts, the caseworker shall notify:</text>
    <paragraph num="(1)">
      <text>The parents and the parents' attorney, or the legal guardian and the legal guardian's attorney, and the child's attorney in writing that the permanency plan of reunification shall be changed; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>All parties of the new permanency plan within 30 days after the first notice is sent.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The service agreement shall state what must be done, when, and by whom to:</text>
    <paragraph num="(1)">
      <text>Overcome problems so that the child may safely return home; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Assist the child 14 years or older in preparing for the transition from out-of-home placement to independent living.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>At a minimum, all service agreements shall include:</text>
    <paragraph num="(1)">
      <text>A statement of the goals and intent of the agreement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A statement of the circumstances which made out-of-home placement necessary;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A statement or list of the problems or barriers that shall be overcome to achieve the goals of the agreement;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A list of the services and supports that the caseworker and the local department shall provide to assist the parents or legal guardian and the child, as appropriate to the case plan, as well as the time frames in which these services will be provided;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A list of the responsibilities and tasks that the parents or legal guardian  and child shall undertake and accomplish, as appropriate to the case plan, and the time frames in which each task shall be completed;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A visitation plan that:</text>
      <paragraph num="(a)">
        <text>Supports the continuity of the relationship among the child, parents or legal guardian, and siblings,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Describes the place and frequency of visits,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Identifies the participants in the visits, and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Protects the child's safety;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>A description of the place and frequency of meetings between the caseworker and the parents or legal guardian, foster parents, or other provider and the child;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A statement that the overall progress of the child, and the progress of the parent or legal guardian, and the youth, when applicable, toward completing the tasks will be reviewed during scheduled meetings between the caseworker and the parents or legal guardian, foster parents, or other provider and child;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>A statement that the terms of the agreement may be modified by consent of the parties to the agreement;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>The length of time that the agreement is to be in effect, not to exceed the date of the next periodic review as described in Regulation .19 of this chapter;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>A statement of the possible actions to be taken by the local department if the terms of the agreement are not met;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>The signatures of all parties to the agreement and, in situations where the parties are unavailable or unwilling to sign, the caseworker's signature noting the reason why the parties to the service agreement did not sign; and</text>
    </paragraph>
    <paragraph num="(13)">
      <text>The date or dates the agreement is signed.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The local department shall give a copy of the agreement to all parties, and, upon request, to the attorneys for the parties and shall file a copy in the case record.</text>
  </paragraph>
  <paragraph num="G.">
    <text>At least once a month, the local department caseworker shall discuss with the parties their progress towards fulfilling the terms of the service agreement.</text>
  </paragraph>
  <paragraph num="H.">
    <text>The service agreement may be renegotiated at any time that the parties agree that a change is needed.</text>
  </paragraph>
  <paragraph num="I.">
    <text>Any lack of progress by the parents, legal guardian, or youth in fulfilling the terms of the service agreement shall be discussed with the parties and documented in the case record.</text>
  </paragraph>
  <paragraph num="J.">
    <text>A youth who fails to comply with the terms of the service agreement may lose his semi-independent living subsidy and any other privilege that is a part of the independent living plan. Any notification to the youth regarding the youth's lack of progress or termination shall be sent to the youth and the youth's attorney.</text>
  </paragraph>
</regulation>