The purpose of this subtitle is to protect children's health, safety, and well-being from the special risk arising from living outside their homes. When a conflict exists between the interests of a child and those of an adult, the child's interest takes precedence. The regulations established in this subtitle are the Administration's requirements for licensure of private child placement agencies to deliver services for the placement of children in foster care, treatment foster care, adoption, and independent living preparation programs. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Administration” means the Social Services Administration of the Department of Human Services. “Agency” means a privately incorporated organization that is: Incorporated as a child placement agency; and Licensed by the Office of Licensing and Monitoring to receive children for placement into foster homes, treatment foster homes, adoptive homes, or independent living preparation arrangements. “Case plan” means a written description of the child's needs and the services to be provided to meet those needs. “Child" means an individual younger than 18 years old, except that a child already receiving care may continue to receive care until the end of the month in which the individual becomes 21 years old. “Child placement worker" means an individual employed by an agency in accordance with Regulation .14 of this chapter to: Perform intake services; Provide casework, group work, or community organization services; Plan and coordinate the services and resources affecting children before, during, and after the child is in foster or adoptive care; Conduct home studies for adoptive and foster parents; Provide therapeutic services required by the agency's type of license. “Criminal background check” means finger-print based record checks of the criminal history record information maintained by the State and the criminal history record information in national crime information databases. “Full-time employee” means an agency employee who works for the agency at least 35 hours per week. “Local department" means the: Department of social services in a county or Baltimore City; and Montgomery County Department of Health and Human Services. “Office of Licensing and Monitoring (OLM)” means the licensing authority for the Social Services Administration of the Maryland Department of Human Services. “Placing agency” means the agency, entity, or individual with the legal authority to place a child in an out-of-home placement. “Type of license” means the specific grant of authority an agency must have depending on whether it is providing private foster care placements, private adoptions, independent living programs, or treatment foster care placements. Except as provided in §B of this regulation, a person may not operate an agency or engage in the placement of children without a license from OLM. The following activities do not require a license as an agency: An individual placing a child with another individual related to the child by blood or marriage within four degrees of consanguinity or affinity according to the civil law rule, Family Law Article, §5-507(b), Annotated Code of Maryland; A child's parent or grandparent placing the child directly without the intervention of any other person except for the recipient of the child; or An attorney preparing adoption pleadings or performing any other normal function of the practice of law. To provide child placement services, an agency shall: Have an appropriate and current child placement agency license issued by the Administration; Comply with the regulations of this chapter; and As applicable, comply with one or more of the following COMAR chapters: COMAR 07.02.21 Treatment Foster Care, COMAR 07.05.02 Private Foster Care; COMAR 07.05.03 Private Adoption; and COMAR 07.05.04 Private Independent Living Program. The child placement agency license shall include the: Agency's identification as a licensed Maryland child placement agency; Name of the licensed agency; License number; Type of license; Address of the agency's office for which the license is issued; Effective date of the license; Expiration date of the license; and Signature of the Administration's executive director. The president of the governing board of the organization that seeks licensure as a child placement agency shall apply to OLM for a license. An application for an agency license shall include: The application form, signed by the governing board president and the chief administrator; The administrative file of the agency as described in Regulation .08B of this chapter, but, if the agency has existed for less than 1 fiscal year, in lieu of an audit or audit review, it shall provide an analysis of the agency’s financial solvency performed by a certified public accountant; A detailed agency manual of operation based on this chapter; A detailed written plan for the provision of services based on one or more of the COMAR chapters cited in Regulation .03C(3) of this chapter; and; Additional documentation that OLM may require. Application Process. The applicant shall request an application for licensure from OLM and inform OLM of the type of license the applicant is requesting. OLM require the applicant to request a new application form if the applicant has not returned the required application material within 1 year after receiving the application. The applicant may withdraw the application at any time and OLM shall acknowledge in writing the receipt of the withdrawal. OLM may retain any materials or documentation supplied before the withdrawal. Upon request, the Administration shall provide consultation to any person planning a child placement service. When an applicant requests information regarding licensure, OLM shall provide information regarding the: Licensing process; and Requirements of the type of license requested. Interview and Inspection. The agency’s governing board shall designate the chief administrator to work with OLM during the application process. During OLM’s review of the application, the chief administrator shall, at OLM’s invitation: Meet with OLM to respond to questions; Clarify parts of the application; and Arrange for OLM’s inspection of the agency office and other facilities. Decision on the Application. OLM shall examine the application including the service plan and, within 60 days of receipt of the completed application: Issue a child placement agency license if the applicant meets the requirements for licensure; or Deny a child placement license if the applicant: Does not meet the licensure requirements for the type of license requested; or Knowingly provides false information. If OLM denies a child placement agency license, OLM shall notify the applicant in writing stating the: Reason for the denial; Specific regulations on which OLM based its decision; Applicant's right to appeal the decision; and Process for the appeal. Duration of License. A license expires 2 years after the date of issuance unless revoked. Posting of License. If an agency maintains more than one office location, OLM shall issue a license for each office location. The agency shall post the original license issued for an office location in a permanent, public place within the office. If a license is lost, damaged, or stolen, the agency shall immediately request a replacement license from OLM and, upon receipt, post the replacement license. Agency Responsibilities. The agency shall abide by the terms of its license and inform OLM of any changes, including address change or change of chief administrator, which may affect its continuing eligibility for licensure. Mid-License Period Report. OLM shall send notification to the agency 60 days before the end of the first year of the license period that the due date for the agency’s mid-license period report is the anniversary of the license issuance date. The agency shall provide a mid-license period report that shall include the: List of governing board members and officers as required in Regulation .08B(2) of this chapter; Audit or audit review report for the last fiscal year; Operations budget for the current fiscal year; Verification of employee medical clearance as required in Regulation .08B(14) of this chapter; and Agency self-evaluation as required in Regulation .08B(21) of this chapter. Return of License to OLM. An agency’s license immediately becomes null and void, and the agency shall return the license to OLM, when the agency: Is sold, leased, or discontinued; Moves to a new location; Has its license revoked; Has its license renewal denied; or Successfully completes its renewal process and is issued a new license. Valid License. A license is valid only for: The agency to which it is issued and may not be subject to voluntary or involuntary sale, assignment, or other transfer; The location for which it was originally issued; and For the services authorized by the type of license issued. Investigation and Continuous Review. OLM shall investigate the premises, facilities, and policies of an agency licensed or proposed to be licensed: Before the issuance or renewal of any license; At the time of the mid-license period report; Before the suspension or revocation of any license; and In response to a complaint about the agency. Subject to OLM's limitation of available funds and staffing, OLM shall monitor each licensed agency by: Continuous reviews of the agency's records; On-site observations of the facilities; and Interviews with individuals employed, served, or otherwise connected to the agency, including governing board members and volunteers. The agency or applicant shall allow OLM to: Inspect all aspects of an agency governed by this subtitle; and Interview any individual employed, served, or otherwise connected to the agency, including governing board members or volunteers. OLM shall conduct interviews and inspections in a manner that: Is least disruptive to the program; Is consistent with needs of the Administration; and Protects all confidentiality required by law or by the regulations in this chapter. The agency shall: In the manner requested by OLM, provide OLM any information that OLM requires to assist it in determining the agency’s compliance with this subtitle; and Comply with all applicable federal, State, and local government laws, regulations, and standards. Renewal of License. At least 120 days before the license expires, OLM shall send a notice to the agency stating that: To be eligible for license renewal, an agency shall submit a renewal application to OLM; and An agency’s completed renewal application shall be submitted to OLM in the manner requested at least 60 days before the expiration of the current license to enable OLM to: Determine the agency's continued eligibility, and If the agency is eligible, issue a new license in time to permit uninterrupted service. If the agency submits the completed renewal application as required in §F(1)(b) of this regulation, and OLM is unable to determine the agency’s continued eligibility before the license expires, OLM may extend the license expiration date for a period not to exceed 60 days. The agency shall have a written statement of its child placement philosophy, purpose, and program that describes the agency's program policy goals and objectives. The statement shall be available to OLM, referral sources, service recipients, and the public on request. The statement shall include: Criteria as appropriate for the respective services provided by the agency for the following: Age of children served, Sex of children served, Recruitment, selection, and training of agency staff, Fees for services, Child discipline policy, and Record maintenance and accessibility; A written description of the: Geographical area the agency serves or intends to serve, and Clients or potential clients of the services it provides or proposes to provide; and A written description of the office, with address, which shall be: Located within the State, and Easily accessible to the clientele, staff, and community by public and private transportation. Before an agency is licensed for the first time it shall document that the governing board has access to funding necessary for a 6-month period of operation. The governing board shall document its annual review and approval of: A written budget that demonstrates its financial capability to operate for the next fiscal year; Periodic accounting reports in compliance with applicable State law; and An annual report by an independent certified public accountant of an: Audit, or Audit review, if OLM determines the size and source of the agency’s finances do not require an audit. If an agency charges fees, it shall: Have a written policy: Stating the amount charged for services provided, and Describing the conditions under which fees are waived or returned; and Make the fee policy available to the public. Legal Status of Agency. The agency shall be incorporated under applicable law and maintain documents that identify its incorporation and administrative structure and staffing, including lines of authority. Governance. The agency shall have a governing board that has final responsibility for and authority over the policies, finances, and all related activities for implementing the agency's program. The governing board shall: Screen and select the agency's chief administrator in accordance with agency policy and Regulations .09, .14, and .15 of this chapter; Define in writing the role of the chief administrator; Require the chief administrator, or the chief administrator's designee authorized to act in the chief administrator's absence, to be accessible at all times to the agency staff and representatives of OLM; Conduct an annual written evaluation of the chief administrator; Ensure that the agency is housed, maintained, staffed, equipped, and funded to operate the programs effectively and solvently; Consult with OLM and receive its approval before requesting a change in the type of license under which the agency currently operates; Notify OLM of any change in: Chief administrator at least 48 hours in advance; and The address or phone number of the agency office at least 14 days before the change; Be responsible for: The fiscal soundness of the agency operation and undertake the review and approval of the: Agency's annual budget, Periodic accounting reports, and Annual audit or audit review completed by an independent certified public accountant; and Maintaining the agency's continual compliance with the: Provisions of the agency's charter, Terms of all leases, contracts, or legal agreements to which the agency is a party, and Relevant federal, State, and local laws and regulations governing the operation of the agency. Composition and Organization of the Governing Board. The responsibilities of the governing board of the agency shall be clearly defined in the agency bylaws. The governing board shall: Be structured with a president elected from the governing board membership who presides at meetings to enable the governing board to discharge the responsibilities described in this regulation and Regulations .06, .08—.16, and any other applicable regulations of this chapter; Adopt bylaws for its operation; Maintain written minutes of and records of attendance at all its meetings; Ensure that a quorum of its members meet at least quarterly; Include members, at least three of whom are Maryland residents; Maintain a list of its membership with each member's: Phone number, Address, and Term of membership; and Have a plan for periodic change of the board's composition. Agency employees, including the chief administrator, may not be voting members of the governing board. An employee of any government organization which regulates or purchases services from the agency may not be a member of the governing board. Members of the governing board may not contract with the agency to provide goods or services in return for money, goods, or services or in any other way benefit financially from the agency's operation. The governing board of an agency applying for licensure or licensure renewal shall furnish references on its members in accordance with the requirements in Regulation .09 of this chapter. Agency Emergencies. The agency shall maintain and make available to OLM a written plan detailing employee responsibilities for all emergencies that may affect the: Agency operation; or Health, safety, and well-being of children in its care or receiving adoption services. The agency shall immediately notify the Administration and OLM by phone and email of the following emergencies: Death of a child in it’s care or receiving adoption services; Accident, assault, illness, or psychiatric episode of a child in its care or receiving adoption services that requires hospitalization or emergency medical care; Suspected incident of child abuse or neglect involving a child in its care or receiving adoption services; Illegal activity leading to the incarceration of a child, parent, foster parent, guardian, or adoptive parent; or Other occurrences which may affect the health, safety, or well-being of children in care or receiving adoption services. Administrative File. The agency shall maintain and, when requested, furnish to OLM the following information and documents appropriate for the type of license issued: The charter, articles of incorporation, and bylaws; Structure and composition of the governing board with names, addresses, phone numbers, terms of membership, and names and terms of officers; Organizational chart of the agency showing functions and names of the current employees; Names and positions of individuals authorized to sign agreements and to submit official documentation to the Administration and OLM; Verification of the agency's insurance coverage; Procedures for notifying appropriate parties of changes in the agency's policy, programs, chief administrator, or other factors affecting services or licensure; Statement of compliance with nondiscrimination according to COMAR 07.01.03; Operating budget for the current fiscal year and the independent certified audit or audit review report of the preceding year; List of employees with position, titles, and qualifications; Personnel policies and procedures, including definitions of jobs, qualifications, salaries, work hours, vacation and sick leave, and termination and grievance procedures; Verification of compliance with unemployment and workers' compensation laws; Written policy describing internal grievance procedures for service applicants, adoptees, adoptive parents, and foster parents; Child management and discipline plan; Current copies of agency publicity and brochures; Child abuse and neglect policy and documentation of the required criminal background checks and child abuse clearances as required in Regulation .09 of this chapter; Plans for recruitment of foster and adoptive parents as required in COMAR 07.05.02.04 and 07.05.03.08; Plans for employee orientation and continuing training as required in Regulation .16 of this chapter; Agency's plan for emergencies as required in §A of this regulation; Foster parent data as required in COMAR 07.05.02.18G; Adoption data as required in COMAR 07.05.03.20C; Agency’s annual written self-evaluation, which includes: An analysis of program effectiveness in relation to stated purposes and goals of the program; Staffing patterns, average caseload size, and the agency's evaluation of them, Staff turnover rate; and Plans for remedying identified weaknesses in the program; and Additional items that may be required by the Administration. Before agency employment or approval as a volunteer or governing board member, any applying employee, volunteer, or governing board member who is in close proximity to children as part of the authorized function of the position is subject to a: State and federal criminal background check; and Review of child abuse and neglect records from the local department in the jurisdiction where the applicant resides. The agency shall reject the applying employee, volunteer, or governing board member if: The applicant is a minor; The applicant refuses to consent to a required criminal background check and child protective services clearance; The applicant has an indicated child abuse or neglect finding; or A criminal background check reveals that an applicant has had a conviction: For child abuse or neglect, a domestically related assault or battery, any crime against children, rape, sexual assault, sexual offense, homicide, human trafficking, or a crime of violence as defined in Family Law Article, §5-101, Annotated Code of Maryland; or Within the 5 years before the application date, for misdemeanor assault or battery that is not domestically related or a felony offense related to a controlled dangerous substance. Application Restrictions. Pending Child Abuse or Neglect Investigation. If the applicant has a pending child abuse or neglect investigation, the agency may not proceed with the application. The agency may decide to proceed with the application after the investigation is completed. Unresolved Criminal Charge. If an applicant has an unresolved criminal charge for a crime listed in §B(4) of this regulation, the agency may not proceed with the application. The agency may decide to proceed with the application after the charge is resolved. Before hiring staff or approving volunteers and board members, the agency shall: Obtain written references with documented supporting telephone or personal interviews from three unrelated individuals and present and former employers; and Determine from the references and interviews if there is any known reason why the individual should not or is not able to perform assigned duties and assume appropriate responsibilities. The agency shall provide suitable office space in Maryland that provides: Office and reception areas that: Are used exclusively as an office and reception area for the agency, and Contain appropriate furnishings in good condition; Areas for confidential interviewing with parents and children; As appropriate, children's playroom or lounge for adolescents; and Storage areas for personnel and client records that provide controlled access and adhere to confidentiality requirements. To assure that staff is supported adequately with equipment, the agency shall: Maintain appropriate equipment in good working condition for the operation of the office and the functioning of employees; Provide office furnishings that are easy to maintain, clean, safe, and comfortable; and Maintain locked file cabinets with controlled access for confidential personnel, adoption, and foster care records. To assure adequate transportation for children, the agency shall: If needed, assist clients in arranging transportation necessary for implementing the child's service plan; Provide transportation equipped with appropriate safety seats for infants and toddlers; and Assure that vehicles are maintained in compliance with the manufacturer’s suggested maintenance schedule and operated in conformity with all applicable motor vehicle laws. Bonding Coverage. An agency that accepts prepayment of public funds, directly or indirectly, shall maintain adequate bonding as determined by State law or contract. All individuals authorized to sign checks or manage funds shall be bonded at the agency's expense. Vehicle Insurance. The agency shall: Have insurance or document that insurance is carried that covers liability to children or third parties arising through the use of an agency or private vehicle, by any of the agency's staff or agents on agency business on or off the agency premises; Carry a minimum of : Bodily injury insurance at $100,000 for each individual, Bodily injury insurance at $300,000 for each accident, and Property damage liability insurance at $25,000 for each accident; or If the vehicle is owned privately, document that the private owner carries the minimum insurance amounts in §E(2) of this regulation. The agency shall: Maintain records necessary for the proper and efficient operation of the agency in accordance with the agency’s type of license: Legible; and Signed and dated by the individual making the record entry; Develop written policies and procedures with clearly defined criteria regarding record maintenance, security, confidentiality in handling, disclosure, and destruction in accordance with Human Services Article, §§1-201 and 1-202, Annotated Code of Maryland, which shall include procedures for: Providing, upon request, information to the child or the child’s parent or legal custodian, if the information released does not contain material that violates the privacy rights of another individual or material required to be withheld from release according to State law or by order of a court; Maintaining indefinitely and in locked storage, case records on foster and adoptive children and their birth and adoptive families; Retaining financial records and other documents for: 5 years after the client's termination from service, or Until the resolution of any audit findings or claims involving the records in compliance with applicable State laws or contractual agreements; Destroying records in a manner to preserve confidentiality; Making all records available in the manner requested for review or audit by authorized State or federal personnel or by other authorized individuals whose official duties require inspection, review, or audit of the records; Transferring of case records to the receiving agency when a child in care or receiving adoption services is transferred to a different privately licensed or public State agency; and Reviewing the case record maintenance system for: Ensuring that children's records are kept current and accurate, and Documenting the name of the individual and the purpose for and date of access to the record. Without the voluntary, written consent of the parent or guardian or pursuant to a court order, the agency may not release any information about a child in care or receiving adoption services except to: The child; The child's parent or guardian; The court; A representative of the agency which holds custody of the child; or Authorized State or federal personnel or by other authorized individuals whose official duties require inspection, review, or audit of the records. The agency may use material from case records for teaching, research purposes, accreditation review, or enhancement of the governing board’s understanding and knowledge of the agency’s services only when client names and other identifying information are redacted or deleted. If the agency corporation dissolves, the agency shall deposit all records with the Administration for disposition or retention as required by law. Written Policy. The agency shall have a written policy conforming with State law of the procedures to be followed after any incident of suspected child abuse or neglect by an employee, volunteer, or board member. The written policy shall require that: The agency send the chief administrator or a designee to the team meetings when the local department requests the agency to participate on the multidisciplinary case consulting team to investigate a report of suspected abuse or neglect in the agency and to help formulate a corrective action plan; The agency conspicuously post in its administrative office the telephone number supplied by the local department for reporting child abuse and child neglect; Unless limited by the local department's case plan for the child, the agency notify the child's parent or legal custodian of any report of child abuse or neglect in the agency; Agency employees, volunteers, or governing board members who suspect child abuse or neglect report the incident to the: Local department or local law enforcement agency, and Chief administrator or, if the individual suspected of child abuse or neglect is the chief administrator, president of the governing board; The agency may not prevent the employee, volunteer, or board member from reporting the incident; The agency protect the individual from dismissal or any other reprisal for making the report; As needed, the agency enable the individual to provide testimony in court or participate in the investigation without loss of leave, pay, or other benefits; and The agency shall immediately notify the Administration and OLM by phone and email of the incident of suspected child abuse or neglect by an employee, volunteer, or board member. Requirements for Employees, Volunteers, and Board Members. Before appointment to the agency, each employee, volunteer, or board member shall: Read a statement of what constitutes child abuse or neglect; and Sign a statement acknowledging that: The individual shall report to the local department or local law enforcement agency any incident of suspected child abuse or neglect; and The agency requires as a condition of appointment that the individual: Cooperate in any investigation or review, and Give formal testimony if required. Local Department Investigation of Child Abuse or Neglect. Upon notification of allegations that an employee, volunteer, or board member has subjected a child to abuse or neglect, the chief administrator or, if the investigation involves the chief administrator, the president of the governing board: May dismiss the employee, volunteer, or board member from all duties; and Shall separate the agency individual from all children in the agency's care or receiving adoption services. If, after the completion of a child protective services investigation and any timely appeals, an employee, volunteer, or board member has been found responsible for indicated child abuse or neglect, the chief administrator or, if the finding results from an investigation of the chief administrator, the president of the governing board shall dismiss the employee, volunteer, or board member from all duties. The agency shall have comprehensive written personnel policies and practices conducive to recruitment, retention, training, supervision, and evaluation of all employees. These policies and practices shall include the following: Written job descriptions and titles for each position defining the qualifications, including health requirements, duties, and lines of authority; Salary scales and provision for salary increases; A description of employee benefits, including provision for paid annual leave, sick leave, holidays, and any other special leaves or benefits; Provisions that encourage professional growth through supervision, orientation, in-service training, and employee development; At least an annual evaluation of the work and performance of each employee that includes employee participation in the evaluation process; Termination procedures for resignation, retirement, or discharge; A grievance procedure for employees; Written confidentiality procedures for maintaining personnel records; A 5-year retention of personnel files after termination for employees who leave the agency; and Maintenance of a non-discriminatory environment consistent with the State's fair employment practices. The agency shall maintain a personnel file for each employee, which includes: The application for employment, including a record of previous employment and any known disciplinary actions; A record of the results of screening as required by Regulation .09 of this chapter; References as required by Regulation .09D of this chapter; Medical information required in §C of this regulation and documentation of any medical problems of the employee; Applicable professional credentials or certifications; Annual performance evaluations; Training record and conferences attended; The employee's starting and termination dates; and Reason for termination. Medical Information. The agency shall obtain a physician's report before an individual's employment or volunteer appointment and every 2 years thereafter for an employee, governing board member, or volunteer who may be in close or frequent contact with children in care or receiving adoption services. The individual's medical report shall include a risk assessment and the result of any indicated tests performed for tuberculosis, other communicable diseases, and any mental health challenge that would affect an individual’s ability to work with children. If a medical report documents a potential medical threat to children in care, the chief administrator or president of the governing board shall take appropriate action to protect the children. Medical Information. The agency shall obtain a physician's report before an individual's employment or volunteer appointment and every 2 years thereafter for an employee, governing board member, or volunteer who may be in close or frequent contact with children in care or receiving adoption services. The individual's medical report shall include a clearance for tuberculosis, communicable diseases, and any mental health challenges that would preclude working with children. If a medical report documents a potential medical threat to children in care, the chief administrator or president of the governing board shall take appropriate action to protect the children. All agency employees shall meet the qualifications pursuant to this regulation and Regulations .09 and .13 of this chapter. Specific Position Qualifications. The agency shall employ a chief administrator and a sufficient number of qualified employees to perform administrative, supervisory, placement, supportive, and professional services to meet the needs of the agency. Qualifications of Specific Positions. The Chief Administrator. The chief administrator shall be a: Maryland-licensed certified social worker; Maryland-licensed psychologist or physician practicing as a psychiatrist; or Member of the Maryland Bar if the agency provides only adoption services in compliance with COMAR 07.05.03 and this chapter. The chief administrator shall: Have 4 years direct experience in child welfare; and Be a full-time employee of the agency. The director of child placement services shall: Have a master's degree in social work from an accredited school of social work; Have at least 2 years experience in child placement; and Be a Maryland-licensed social worker. A child placement supervisor shall: Have a master's degree from an accredited school of social work; and Be a Maryland-licensed social worker. A child placement worker employed by an agency with a license to provide treatment foster care placements or private adoptions shall: Have a master’s degree from an accredited school of social work or a master's degree in counseling from an accredited school; or Have a Bachelor’s of Social Work or Bachelor's of Family Science from an accredited school and be supervised by a Maryland-licensed master’s level social worker. A child placement worker employed by an agency with a license to provide private foster care placements or independent living program placements shall: Have a bachelor’s degree from an accredited school in an appropriate behavioral science, such as child development, sociology, psychology, counseling, nursing, criminology, juvenile justice, human growth and development, human services, mental health, or human resources management, that includes at least 30 credit hours in human services or human development; and Be supervised by a Maryland-licensed master’s level social worker. An agency shall employ a chief administrator whose responsibilities include: Management of the agency's total program; Representation of the agency in the community; Delegation of appropriate responsibilities to other staff; Recruitment and employment of qualified staff; Supervision, training, and termination of staff; Assistance to the governing board in implementing its responsibilities by: Communicating the needs of the children, Making recommendations for needed policy changes, Assisting in the periodic evaluations of the agency's services, Preparing the annual budget for approval, and Providing information regarding financial needs. The child placement director is responsible for directing, monitoring, and evaluating the child placement service program of the agency. The child placement supervisor is responsible for supervising, monitoring, and evaluating the work and progress of the child placement staff. The child placement worker's responsibilities include: Collecting and evaluating information for the child’s placement, and assessing the child’s needs, progress, and discharge planning; Providing case management services to the child and the child's family while the agency is responsible for the child; Ensuring that the child receives the therapeutic services the agency is authorized by its license to provide. Representing the child and the program in liaison relationships with family, school, juvenile court, or other social and community services; Maintaining a case record on each child; Making appropriate information available to substitute caregivers and cooperating community agencies; and Completing adoption and foster home studies. Support Services Staff. Individuals may be employed to provide support services and shall perform tasks to support the professional staff and the purpose and goals of the agency in an ethical manner to protect confidentiality requirements. Secretarial and Clerical Staff. The agency shall employ a sufficient number of staff to perform secretarial and clerical duties, including maintenance of records, correspondence, and bookkeeping, and train the individuals in the goals of the agency and confidentiality requirements. Staffing Pattern Requirements. The child placement supervisor shall be responsible for not more than 6 child placement workers. The volume of the caseload assigned to each child placement worker shall allow for the worker to make all required contacts with the birth family, children in care, foster families, adoptive families, and involved professionals. The agency shall have a written plan for the orientation and continuing training of all employees. The agency shall ensure that: Excluding activities related to supervision of an employee's routine tasks, supervisors and child placement workers receive at least 20 hours of training activities during each full year of employment; Supervisors and child placement workers receive appropriate training in the following areas: The agency's administrative procedures and overall program goals, Casework skills development in interviewing, case planning, case management, and case review, Principles and practices of child placement and child care, Understanding of children's emotional needs and problems that affect or inhibit their growth, Family relationships and the impact of separation, Recognition, prevention, and treatment of substance abuse, Identification and reporting of child abuse or neglect, Principles and practices of supervision, and State requirements for child placement agencies; The chief administrator receives at least 10 hours of training in one or more of the following areas during each full year of employment: Principles and practices of administration, Budget preparation, Agency accountability, State requirements for child placement agencies, Organizational development, and Principles and practices of child placement and child. Contractual Services. An individual employed by the agency who is not a full-time employee shall be bound by the provisions of a contract with the agency to provide specific, ethical, consistent, and appropriate services. A contractual employee shall: Be approved by the chief administrator; Be supervised by appropriate agency staff; Be identified to the public as an employee of the agency when providing contractual services for the agency; Adhere to agency policies; Receive orientation and continued training as necessary; Comply with all agency confidentiality requirements; Be subject to all requirements in Regulations .09 and .13 of this chapter; and Be included in the list of employees provided to OLM before the agency’s license is renewed. Professional Services. The agency shall, with the concurrence and support of a child's parent or legal custodian, obtain or document the attempt to obtain professional services that are not available within the agency as required by the child's individual case plan. The agency shall ensure that any professional providing a direct service to a child in care: Communicates with agency staff regarding the services provided; and Be made aware of the relevant aspects of the child's case plan. The agency shall document that all professionals providing services to the agency, whether working directly with children in care or providing consultation to employees of the agency: Are qualified, and certified or licensed as appropriate to the Profession; and Have met the requirements of Regulation .09 of this chapter. Volunteers. An agency may use volunteers, including students for field placements or internships, to perform tasks and duties in the agency and shall: Develop a written plan for the use of volunteers that includes: A description of duties and responsibilities for volunteers; Designation of an employee who will be supervising volunteers; The orientation and continued training program for volunteers that will familiarize them with personnel policies and confidentiality requirements of the agency; and The method and frequency with which the agency will evaluate its volunteers; Require personal references, criminal background checks, and health checks as required in Regulation .09 of this chapter; Ensure that volunteers are not assigned to fill a staff position required by the agency’s service program plan; Keep records on the hours and activities of regular volunteers; and; Provide each volunteer with a copy of the program plan for volunteers described in §C(1) of this regulation. Student Services. An agency that accepts students for field placements or internships shall: Have a written agreement with the student’s school that includes: An outline of the tasks and functions expected of the student and the school; The requirement that the student meet the requirements of Regulation .09 of this chapter; Designation of a qualified employee to supervise and evaluate the student, and serve as liaison with the student’s school; A plan for orientation and training of the student in the philosophy of the agency, needs of the children in care and their families, and confidentiality requirements; and The assurance that the student will not be assigned to fill a staff position; and Provide an opportunity for the student to participate in developing and implementing case plans for the children and families with whom the student works directly. If OLM determines through its monitoring and evaluation activities that a program has violated the licensing requirements of this chapter or COMAR 07.02.21, 07.05.02, 07.05.03, or 07.05.04, and OLM chooses to require a corrective action plan, it shall give written notice to the agency including: A description of any regulations violated; The requirements for the agency’s submission of a corrective action plan to OLM; and A requirement that any identified violation be resolved within 60 days of the issuance of the notice of violation. Sanctions OLM shall also determine whether it is necessary during the pendency of the corrective action process to sanction the agency by: Limiting recruitment or the distribution of agency publicity; Limiting authority of the agency’s chief administrator or employees; Suspending the agency’s applications for additional licensure; Suspending foster parent certifications; Placing a moratorium on future placements to the agency; Removing children currently placed with the agency; or Taking any other actions that OLM deems appropriate. If OLM has determined any sanction under §B(1) is necessary, OLM’s written notice to the agency as described in §A shall include a description of sanctions, including their effective date, and a description of the agency’s appeal rights. Corrective Action Plans. Within 10 days of OLM’s issuance of a notice of violation under §A of this regulation, the agency shall submit a corrective action plan to OLM for approval, which shall include a plan for resolving any identified violation; If the agency fails to submit an acceptable corrective action plan, fails to fulfill the corrective action plan requirements, or makes insufficient progress towards remedying identified violations, OLM may: For good cause, provide additional time for the agency to submit a revised corrective action plan and to remedy the identified violation; or Suspend a license under Regulation .19 of this chapter. If OLM determines that the agency has failed to remedy violations adequately within 60 days or any extension period granted under §C(2)(a) of this Regulation, OLM shall suspend a license under Regulation .19 of this chapter. The placing agency shall identify an expedited, interim placement for any child who must be removed from an agency due to violations of this chapter or COMAR 07.02.21, 07.05.02, or 07.05.04. OLM may suspend an agency’s license for a violation of regulations in this chapter or COMAR 07.02.21, 07.05.02, 07.05.03, or 07.05.04. Suspension of an agency license prohibits the agency from accepting any new placements or providing new services to adults or children. OLM may suspend a license for up to 60 days except as provided in §F of this regulation. Except as set forth in Regulation .21 of this chapter, OLM shall: Provide the agency notice of violations of this chapter or COMAR 07.02.21, 07.05.02, 07.05.03, or 07.05.04 and an opportunity to correct such violations in accordance with Regulation .18 of this chapter. If the agency fails to correct the violations satisfactorily in accordance with Regulation .18 of this chapter, and no good cause exists to extend the agency’s corrective action period under Regulation .18C.(2)(a) of this chapter, OLM shall: Suspend the agency’s license; Notify the agency of the suspension, including: The effective date of the suspension; The applicable violations of regulations and the nature of the violations, Provide information about the agency’s responsibility to submit a corrective action plan, the timeframe for such submission, and its responsibility to correct the violations identified; and A description of the agency’s right to an appeal hearing; and Notify the following parties of the suspension: All adults identified by the agency who are receiving services from the agency, All local departments; The Governor’s Office for Crime Prevention, Youth, and Victims Services; The Department of Juvenile Services; The Maryland Department of Health; The Department of Education; and All affected agencies, courts, organizations, and any other parties OLM has determined should be notified. Corrective Action Plans. Within 10 days of OLM’s issuance of a notice of suspension under §D(2)(b) of this regulation, the agency shall submit a corrective action plan to OLM for approval. OLM shall review the corrective action plan and inform the agency whether the corrective action plan has been accepted. Suspension Outcomes. If the agency submits an acceptable corrective action plan, fulfills the required corrective action, and fully resolves the violations outlined in the notice of suspension, OLM shall lift the suspension and restore the agency’s license. If the agency fails to submit an acceptable corrective action plan, fails to fulfill the corrective action plan requirements, or makes insufficient progress towards remedying violations identified in the notice of suspension under §D(2)(b) within the 60-day suspension period, OLM shall: For good cause, provide additional time for the agency to submit a revised corrective action plan and to remedy the identified violation; or Revoke the agency’s license under Regulation .20 of this chapter. OLM may revoke an agency’s license for a violation of regulations in this chapter or COMAR 07.02.21, 07.05.02, 07.05.03, or 07.05.04 Except as provided in Regulation .23C of this chapter, revocation of an agency license requires that the agency cease all services and that OLM notify the children’s placing agencies of the revocation and the need to remove the children from the agency’s care. Except as set forth in Regulation .21 of this chapter, OLM shall: Provide the agency notice of violations of this chapter or COMAR 07.02.21, 07.05.02, 07.05.03, or 07.05.04 and an opportunity to correct such violations in accordance with Regulations .18 and .19 of this chapter. If the agency fails to correct the violations satisfactorily in accordance with Regulation .18 or 19 of this chapter, OLM shall: Revoke the agency’s license; Notify the agency of the revocation, including: The effective date of the revocation, The applicable violations of regulations and the nature of the violations, and A description of the agency’s right to an appeal hearing; and Notify the parties listed in Regulation .19(D)(2)(c) of the revocation. Once an agency’s license has been revoked, the license may not be restored unless there has been a resolution favorable to the agency. If OLM finds evidence of an agency’s incompetence, misconduct, financial mismanagement, pervasive child neglect or abuse, or other conditions that pose an immediate threat to children's health and safety, OLM shall: Without giving prior notice, suspend or revoke any license it has issued to the agency; Notify the children’s placing agencies that they must immediately remove the children placed with the agency subject to the emergency suspension or revocation; Order the agency to cease services; Order the agency not to accept additional children for care or services; In a letter of suspension or revocation, provide the agency with: Notice of the action taken, The grounds for the action, and A description of the agency's appeal rights; and Inform the parties listed in Regulation .19D(2)(c) about the suspension or revocation. Once an agency license has been suspended or revoked on an emergency basis, the license may not be restored unless: There is a resolution favorable to the agency; or If the license was emergently suspended, the identified violations are resolved within 60 days of the suspension. If the agency does not comply with sanctions pursuant to Regulations .18—.21 of this chapter, OLM shall refer the matter to the State’s attorney for the jurisdiction in which the agency is located. An applicant or agency has a right to an appeal hearing under the contested case provisions of the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, when: OLM has denied an application for a license; OLM has decided not to renew an agency’s license; OLM has imposed sanctions on the agency or suspended or revoked the agency’s license; or The agency is subject to emergency action described in Regulation .21 of this chapter. If pursuing an appeal hearing, an agency shall submit a request for a hearing under this regulation within 20 days after receipt of OLM’s decision or notice of sanction, suspension, or revocation. Unless OLM takes emergency action against an agency as provided in Regulation .21 of this chapter, OLM may, during the pendency of an appeal of a revocation, allow the agency to: Retain in its care those children already in placement pending the request for an appeal hearing; or Continue services to those adults and children already receiving services. Human Services Article, §2-209 Annotated Code of MarylandAgency Note: Federal Regulatory Reference: 42 U.S.C. §621 et seq.; 45 CFR 1355—1357 Effective date: January 12, 2001 (27:26 Md. R. 2357) Regulation .14C amended as an emergency action effective July 1, 2023 (50:15 Md. R. 679); emergency status expired December 28, 2023 Chapter revised effective April 14, 2025 (52:7 Md. R. 321) Regulation .02B amended effective February 2, 2026 (53:2 Md. R. 61) Regulation .09 amended effective February 2, 2026 (53:2 Md. R. 61) Regulation .14A amended effective February 2, 2026 (53:2 Md. R. 61) Regulation .17 amended effective February 2, 2026 (53:2 Md. R. 61) The purpose of private foster care placement services is to: Provide time-limited, foster care services to a child and to the child's parent or legal custodian to facilitate safe, appropriate, and timely reunification with a parent or parents; Concurrently develop and implement a plan in the best interests of a child who cannot be reunified with a parent or parents for planned permanent living arrangements; and Provide temporary care for a child whose permanent plan is adoption. In this chapter, the following terms have the meanings indicated. Terms Defined. “Child placement worker” means an individual licensed in Maryland as a social worker and employed by a licensed child placement agency to: Perform intake services; Provide casework, group work, or community organization services; Plan and coordinate the services and resources affecting children and their birth parents before, during, and after the time the child is in foster care; and Conduct foster home studies. Foster Care. “Foster care” means continuous 24-hour care and support services provided for a minor child by an individual or individuals certified by a licensed child placement agency as foster parents. “Foster care” includes: Services to the child's parent or legal guardian, siblings, and relatives to achieve a safe, permanent placement for the child; Services to the foster parent and supervision of the child in the foster care placement to assure that the placement promotes the child's physical, emotional, and intellectual growth and well-being; and Post-placement services to the child and the child's caregiver to prevent placement disruption or reentry into foster care placement. “Foster parent” means an individual certified by a licensed child placement agency to provide 24-hour care for a foster child in the home where the individual resides. “Household” means the home where the applicant or licensed foster parent lives. “Household member” means an individual who lives in or is regularly present in a household. “Infant” means a child younger than 24 months old. “Least restrictive setting” means the setting most consistent with the best interests and special needs of the child. “Long-term care” means care provided for a child for whom: A local department holds commitment or guardianship; and The court determined that, even though reasonable efforts were made to effect reunification, relative placement, or adoption, none of these options is possible for reasons such as: After being counseled, the child who is 10 years old or older refuses to be adopted, and there is no caregiver willing to become the permanent resource for the child, or The child's special needs are satisfied in an institutional setting and a change in placement would be detrimental to the child. “Staffing” means a meeting with caregivers, child placement workers, or other involved service providers to discuss a particular case and agree on methods for achieving case plan goals. “Treatment foster care” means a 24-hour substitute care program, operated by a licensed child placement agency or local department of social services, for children with a serious emotional, behavioral, medical, or psychological condition as described in COMAR 07.02.21. To provide private foster care services, the agency shall: Be licensed as a child placement agency by the Administration in accordance with COMAR 07.05.01; and Have a written service plan for the provision of its foster care services based on the requirements of this chapter. To obtain and maintain a license for the provision of treatment foster care services, an agency shall abide by the requirements of this chapter and COMAR 07.05.01 and 07.02.21. The agency shall have a written plan for continuing recruitment of foster parents which includes: Methods of recruitment; Sources to be used; Time-related goals for applicant recruitment; Designated recruitment staff; and Funding to implement the plan. The recruitment plan shall reflect the medical, cultural, and geographic needs of children awaiting placement. Foster parent applicants shall be single individuals or couples who may be employed. A prospective foster parent shall sign and date an application indicating a willingness to be a certified foster parent. An appropriate agency employee shall conduct one or more documented application interviews with the applicant alone or in a group with other applicants. The interviews shall include a discussion of the following: Definition and goals of foster care; Differences between foster parenting and parenting one's own child or adopting a child; Reasons children receive foster care services; Characteristics of birth parents, their problems, needs, rights, and responsibilities; Potential impact of foster care responsibilities on the applicant; Requirements for foster care certification as described in Regulations .05—.12 of this chapter and in agency policy; Agency's policy on discipline; Applicant's assessment, with the agency, of the potential for foster parenthood; Number and characteristics of foster children for whom the applicant is best suited; Financial requirements of foster parents; and Financial obligations of the agency to foster parents and foster children. All household members or employees of the individual or couple seeking foster parent certification or recertification shall have: An initial medical examination at the time of application for foster parent certification by a qualified Maryland physician which includes: An analysis of a tuberculosis test or x-ray, and Testing for any other communicable disease; and Reexaminations at least every 2 years after the initial examination. Household Health and Mental Health Issues. If any household member or employee of the household has symptoms or a history of health or mental health problems which might impair the foster parent's proper care of the foster child or which might be communicable or injurious to the foster child, the agency shall require that individual to: Have an additional medical or psychological examination for the problem; and Provide a signed, written statement by the examining physician or licensed mental health professional that the problem poses no threat to the foster child. An applicant for foster parent certification shall document possession of sufficient income and financial stability to provide reasonable living conditions without depending on the agency's reimbursement for foster care services. If the applicant for foster parent certification has a financial problem, and is otherwise qualified to provide foster care, the agency may assist in stabilizing the foster parent's situation by: Providing financial resources; or Referring the applicant to community or public agencies for financial resources. A certified foster parent may provide care for foster children who are mothers with infants if the agency approves the foster parent in writing for mother-infant foster care. The mother-infant foster parent shall meet all requirements of Regulations .04—.07 and .09—.12 of this chapter, and, in addition, provide: The new mother with: Sanitary space, table, and plumbing necessary to change diapers, Competent instruction in the care and nurturing of her infant; Limits on her social activities to assure that she is responsible for her infant; Opportunity, encouragement, and structure for the completion of her education; Encouragement to develop her capacity for and understanding of her independence; Access to health care for herself; Reasonable flexibility in providing alternate care for her infant; Guidance in human sexuality; and A bed in a room separate from where the infant sleeps, after the infant is 6 months old; and The infant with: Protection from physical harm; Removal from emotional pain; Access to health care; Proper food and nutrition; Physical warmth and nurture; Protection from disease; Physical comfort; A proper sleeping environment in an appropriate crib; An appropriate feeding schedule; Regularly changed diapers in a sanitary environment; and When the infant is 6 months old, a crib or appropriate bed in a room separate from where the mother sleeps. The individual certified as a mother-infant foster parent shall: Before the certified foster parent provides mother-infant foster care, receive: 20 hours of general training described in Regulation .12C of this chapter, and An additional 4 hours of training addressing foster care services provided to a mother who is a foster child; Annually receive: 2 hours of training which deals specifically with mother-infant foster care, and 6 hours of training described in Regulation .12D of this chapter; and Be interested in providing young mothers with structure and guidance. A certified foster parent shall accept all restrictions imposed by the agency. A certified foster parent shall: When a foster child's whereabouts are unknown for 2 hours, notify the local law enforcement authority and the agency: Immediately by phone call; and Within 48 hours by written report; Immediately notify the agency of all critical incidents including a foster child's: Death; Injury; Serious illness; Incarceration; or Suspected physical abuse, neglect, or mental injury; Within 48 hours, notify the agency of changes in the foster parent's household, including: Employment and child care arrangements; Household composition; Residence and telephone number; Health status; and Stressful conditions which may affect the child's placement; Obtain approval from the agency for other adults to supervise the child while the foster parent is employed; Be 21 years old or older; If 61 years old or older, have adequate physical strength and emotional stability to meet the needs of a child as documented by: A physician's report; and The agency child placement worker's assessment; and Assist in the child's relationship with parents by: Helping the child visit with parents; Maintaining respect towards the child's parents; and Informing the child's parents about events and happenings in the child's daily life. A certified foster parent may not: Unless referred as described in COMAR 07.05.03.05E, accept a child for foster care from any individual or agency other than the agency that certified the foster parent; Accept a child for foster care who is in State custody if the certified foster parent is employed by: A local department, child welfare services; The Department of Juvenile Services; Maryland Department of Health, Office of Health Care Quality; Department of Education, Interagency Rates; Governor's Office on Children, Youth, and Families; or The Administration; Be certified as a foster parent by an agency in which the foster parent is: An agency employee who works in child foster care or adoption service; or A member of the agency's governing board; Provide adult care; Provide independent boarding care; Accept for care an elderly individual or convalescent related to the foster parent unless the agency documents that the child's care is not affected; Have, including the certified foster parent's own children, more than: Six children in care; or Eight children when caring for a sibling group of foster children; Have, including the infants of foster children and certified foster parents: More than two infants; or More than six children when: There is an infant in the home, or Three children are younger than 6 years old; Provide child day care except with the Administration's written authorization after review of the certified foster parent according to the following criteria: The foster parent meets the requirements of this chapter and COMAR 07.04.01; The foster parent has the physical strength and emotional stability to be responsible for: The day care of one or more children, and Supervision of one or more foster children; The foster parent's day care of other children does not adversely affect the status or feeling of security of any foster child in the home; and The foster parent does not provide treatment foster care services; or Allow the child to be disciplined by: Corporal punishment; Deprivation of food, shelter, clothing, care, or emotional support; Physical restraint; Isolation; or Demeaning verbal abuse. Health and Sanitary Approval. The foster parent's home shall meet the public health and sanitary requirements of the local health department and other applicable State or local requirements. Before certifying the foster parent, the agency shall have the home's health and sanitary approval in writing and signed by an employee of the local health department or an individual who is a State-licensed sanitarian. Fire Safety Approval. The foster home shall meet the safety requirements of the local fire department and other applicable State or local requirements. Before certifying the foster parent, the agency shall have, from the local fire department, a written: Approval documenting a home fire inspection; or Statement indicating that local policy does not allow fire inspections. Recreation. The foster parent shall: Provide sufficient accessible space for outdoor activity, free from conditions that may be dangerous to children's health and safety; and Have or have access to age-appropriate outdoor and indoor recreation equipment. Sleeping and Living Quarters. The living quarters shall provide space for children without disrupting usual sleeping and living arrangements. The children's sleeping and living quarters shall provide for privacy, study at home, and storage of clothes, toys, and individual possessions, and, as necessary, isolation of a sick child. Each child shall have adequate bedding and an individual bed which may not be a cot, sofa, sofa bed, double-tiered bed, bunk bed, or any type of portable bed. A responsible adult shall sleep within call of each child in the home, according to the child's needs, age, and capability. Except for infants, boys and girls may not sleep in the same room. Living and sleeping quarters shall be clean. An infant may share a bedroom with an adult until the infant is 6 months old. Equipment, Supplies, and Wardrobe. The foster parent's home shall be adequately equipped and supplied with items essential to health, comfort, and good grooming, including: Individual towels, toothbrushes, and combs; and Food for a nutritionally balanced diet. The foster parent shall supply an adequate personal wardrobe, bureau, and closet space for the foster child. When a foster child moves to a different setting, the child's personal supplies and wardrobe shall move with the foster child. Swimming Pools and Hot Tubs. A certified foster parent shall provide pool safety supervision commensurate with a child's age and ability. A swimming pool or hot tub at the home of a foster parent shall: Be maintained in a safe and sanitary condition; and Comply with county or city zoning, building, and health codes or ordinances. In-Ground Pools. If a child younger than 8 years old is placed in a home with an in-ground pool: The pool area shall be completely enclosed by a fence: At least 4 feet high, Constructed of wood, concrete, brick, or chain metal, and Equipped with a locked gate to be used when the pool is not in use; or When not in use, the pool shall be completely covered in a manner to prevent access by the child. Safety Requirements for Above-Ground Swimming Pools, Hot Tubs, and Spas. When not in use, retractable or removable ladders shall be locked or stored away from the pool. The pool shall be 4 feet above ground at all points. Doors and gates that access the pool shall have locks. If a pool has a deck area with a door, the door shall be locked when the pool is not in use. If the pool entrance has permanent steps, access to the steps shall be limited by a locked gate. A pool may not have climbable objects on the exterior of the pool. When not in use, hot tubs and spas shall have secured covers which prevent access to the tub or spa by children. Dangerous Household Items. Firearms. A foster parent who maintains firearms in the home shall: Follow all federal, State, and local laws pertaining to registration, permits, and maintenance of firearms; Keep all firearms and ammunition maintained in the home in a locked room or container that is inaccessible to children; Take all safety precautions to assure that firearms are not accidentally used to injure children in care; and Assure that loaded firearms are not kept in the home unless required because a State, federal, or local law enforcement officer: Lives in the household, and Maintains and stores the firearms in accordance with State, federal, and local law enforcement officers' safety procedures. Prescription and non-prescription drugs, dangerous household supplies, tools, and any other household items which are potentially life- threatening or injurious to children shall be kept in a safe location, inaccessible to children. Pets. A foster parent who maintains a pet in the home shall assure that: The foster child is, when age appropriate, educated regarding the care and grooming of the pet; A responsible adult is always present when infants are near a pet potentially dangerous to the infant; A foster child allergic to the pet is not placed with the foster parent; and As required by State law or local ordinance, the pet is appropriately: Licensed or registered, Vaccinated, and Leashed. Transportation. A foster parent shall assure that the child has legal and safe transportation to and from: Medical and dental appointments; School; Appropriate social events; Scheduled meetings with relatives and friends; and Events scheduled by the agency. Before certifying the foster parent, the agency child placement worker shall conduct a home study that includes: At least two home visits; At least 20 hours of training for a foster parent applicant individually, or in a group of other applicants which: May be co-led by the agency child placement worker with other appropriate agency employees, and Shall include all topics described in Regulation .12 of this chapter; and The child placement worker's evaluation of the prospective foster parent which: Utilizes information in the application, training records, and interviews to assess the applicant's weaknesses and strengths, and Makes a professional judgement regarding the applicant's ability to provide a safe, healthy, nurturing environment for a foster child. The agency child placement worker shall ensure and document in the application record that all required training material is provided to the applicant. The application and home study used for foster parent certification, if properly updated through the annual foster parent certification renewal, may be used in place of an adoption home study. The applicant shall: Sign a foster parent consent form; Meet the requirement for 20 hours of training; and Meet all agency requirements for certification as a foster parent. During the home study, the agency child placement worker shall: Discuss the agency's policies on discipline and child abuse or neglect, including the: Possibility of physical or sexual victimization by an older child; and Responsibility of the foster parent for the safety of the child; Obtain and document verification of the applicant's employment and income; Obtain and document existence of the applicant's marriage and divorce certificates, if appropriate; Request a health safety inspection of the applicant's home by the health department or a State-licensed sanitarian; Request a fire safety inspection for the applicant's home; Obtain all required medical documentation from prospective foster household members; For all adults living in the applicant's home, obtain: State and federal criminal background checks; and Appropriate local department child abuse and neglect clearances; Obtain local department clearances for the applicant's child support records; If the applicant has a vehicle operator's license, obtain a copy of the applicant's driving record from the Motor Vehicle Administration; Obtain at least three individual references, one of which: May be a relative; and When a child in the household attends a school, shall be a school administrator, counselor, or teacher employed by the school attended by the child; Support the individual written references with at least: One documented face-to-face interview; and Telephone interviews with two references not interviewed face-to-face. Conduct at least two home visits with applicants in accordance with the following schedule: The first home visit shall include an inspection of the house and interviews with all members of the household; and The second home visit may include only the applicant and shall result in an agreement between the agency and the applicant about: Pursuing certification, Discussing the final recommendation, and Problem areas; Explore the following areas with the applicant: Motivation to provide foster care or adopt; Applicant's background, including: Childhood experiences and relationships; Education; Life-changing experiences; Relationships with relatives and friends; Marital relationships; In-law relationships; Sibling relationships; Relationships with the applicant's children; if any, Former marriages; if any, and Child-support obligations; if any; Applicant's ability to cope with change and stress; When applicable, impact of infertility; Special interests and activities; Impact of applicant's religion or life philosophy on the care of children; Employment and financial circumstances; Knowledge of and experience in parenting; Attitudes toward children's discipline; Attitudes toward foster care and adoption, including: Expectations of a child; Dealing with a child regarding foster care and adoption; Possibility of an adoptee's need to search for the birth parents in the future; Dealing with birth parents of either an adoptee or foster child; Impact of the law on opening records for purposes of search and reunification; and Type of child the applicant could consider parenting, including a child's age range, special needs, and medical requirements; Home and community, including: Physical environment of the home; Child care plans if needed; and Attitudes of relatives, friends, and neighbors toward foster care and adoption; and Safety of the home environment based on a written instrument developed by the agency. An applicant shall complete 20 hours of training provided by the agency before the agency certifies the applicant as a foster parent. The agency shall document the applicant's attendance and understanding of material. The training shall include the following: Role and relationships in foster care between agency, foster parent, parents, and the child; Separation anxiety and the importance of the child's parents and siblings; Developmental needs of children in care; Care of children who have special needs; Cultural and religious awareness and differences; Child management and discipline techniques; Child abuse and neglect; The availability of supportive services in the community for the children and foster families; Self-awareness; Communication skills; Problem solving; First aid and home safety; Human sexuality; Foster care as preparation for adoption; The need for adoption; Adoption responsibilities; The function of the Citizens' Review Board for Children (CRBC) and other case review processes described in COMAR 07.01.06 and the foster parent's role in these processes; The legal, technical, procedural, financial, medical, liability, and educational aspects of child placement; The nature and purpose of agency documents, including the permanent placement case plans and the service agreement; and Requirements for certified foster parents as described in Regulations .04—.11 of this chapter and agency policy. Continuing Training. Continuing training of foster parents shall include a minimum of 6 hours per year. The training shall concentrate on the topics listed in §C of this regulation and additional foster care topics as needed. The agency's chief administrator or designee shall: Make the results of the foster parent's home study and training evaluation available in writing for the record and for the applicant; Review charges, investigations, convictions, or findings related to a crime of any household member of the foster parent to determine: Possible effect on the applicant's ability to execute the responsibilities of a foster parent; and Applicant's ability to provide quality service to children in care; Deny the certification of an applicant as a foster parent or a certified foster parent’s ability to maintain their certification if the applicant, foster parent, or any of the applicant’s or foster parent’s household members aged 18 or older: Refuses to consent to the child protective service clearance and the criminal background check; Has an indicated child abuse finding; Has a conviction: For child abuse or neglect, a domestically related assault or battery, any crime against children, including child pornography, rape, sexual assault, sexual offense, homicide, human trafficking, or a crime of violence as defined in Family Law Article, §5-101, Annotated Code of Maryland; or Within the 5 years before the application date, for misdemeanor assault or battery that is not domestically related or a felony offense related to a controlled dangerous substance; or Refuses to consent to the Motor Vehicle Administration clearance; Deny foster parent certification if an applicant has: A child abuse or neglect investigation that remains unresolved 120 days after the date on the signed application; or Any pending criminal charge listed in §A(3)(c) of this regulation that remains unresolved 120 days after the date on the signed application; Review local department records to determine whether an applicant is in arrears on child support payments and, if in arrears, whether the arrearage: May be corrected; or Impacts on the applicant's ability to provide foster care; Decide to certify or deny based on all available information, State requirements, and agency policy; Notify the applicant in writing of the decision within 120 days after the date on the signed application; and Have a signed agreement with the certified foster parent which includes the following: For the foster parent: A pledge to serve as foster parent for at least 6 months; Those foster parent's actions which require agency staff authorization; The extent of liability for damage or risk resulting from foster children living with the foster parent; An understanding that certification expires 1 year from the date on the signed agreement; and Expectations of the foster parent which support activities to promote the right of a child to relationships with the child's own family and cultural heritage; and For the agency: An understanding that the foster parent shall be reimbursed financially commensurate with the care needs of the child as specified in the service plan and in a timely manner; A pledge that the foster parent shall be treated with dignity, respect, and consideration as a professional member of the agency's child treatment team; and A pledge to inform the foster parent of the date, time, and location of CRBC and administrative reviews of the foster child's case and resulting appropriate recommendations, providing information to assist a foster parent without disclosing confidential information. An applicant aggrieved by the agency's chief administrator's decision shall be informed orally and in writing that the applicant may file a grievance in accordance with agency policy. An individual or couple not certified as a foster parent by an agency may not provide care for a foster child. Initial Action. If a child placement worker or other agency employee observes that a child placed with a certified foster parent is in serious and immediate danger, the child placement worker shall: Immediately notify: The child protective services unit of the local department in the jurisdiction where the certified foster parent's home is located, and If the child is in the custody of a local department or the Department of Juvenile Services, the worker for the child or the worker's supervisor; Immediately notify the agency's chief administrator and the Administration of the suspected abuse or neglect; and Arrange a staffing for the child with appropriate professionals to plan the child's continued protection and treatment. The agency's chief administrator or the chief administrator's designee shall: Within 48 hours of notification, send a written incident report to the Administration documenting the suspected abuse or neglect; and Within 72 hours of notification, decide whether to suspend or revoke the foster home certification. Indicated Abuse. If the local department determines that abuse is indicated by a foster parent or an individual in a foster parent's household, the agency shall: Immediately remove all foster children from the foster parent's care; Immediately send written notification of the indicated finding and the agency's resulting actions to the Administration; If the certified foster parent is indicated, revoke certification according to Regulation .16 of this chapter; and If a member of the certified foster parent's household is indicated, revoke or suspend certification according to Regulation .16 of this chapter. Indicated Neglect. If the local department determines that neglect is indicated by a foster parent, the agency shall: Take action according to Regulation .16 of this chapter; and Within 48 hours, send written notification of the indicated finding and the agency's actions to the Administration. Assessment of the Child. Within 60 days of referral or application of a child for placement, the agency shall write a report after assessing the child's needs. The assessment report shall include the: Identification of the specific needs of the child which justify consideration of referral and placement of the child; Parent's strengths and weaknesses; Involvement of the child's parents and significant others in the child's current care; Available resources, including the parent's financial ability to support the child in care; Social and medical history of the child; Child's legal status; and Initial case plan. Acceptance of a Child for Placement. The agency may not accept a child for service whose needs exceed the services provided by or available to the agency. When the agency refuses acceptance of a child, it shall provide a written statement of the reasons for the refusal to the referral source or individual. Before accepting a child for placement, the agency shall secure from the parents, legal custodian, or court, the written authority to: Place the child; and Provide routine or emergency medical care. Before accepting a child for placement, the agency shall document that the legal rights and obligations retained by the parents and those delegated to the agency were: : Explained to the parents orally and in writing; In clear and simple language; and Provided in the parent's own language if they do not understand English. If the child is in the custody of a local department or the Department of Juvenile Services, the agency may not accept the child for placement if the agency does not have on file the following documents for the child: Medical passport and medical history or other medical information; Educational history; Psychosocial history; and When appropriate, psychiatric or psychological evaluation. Services to the Parents. The agency shall: Provide prenatal and postnatal counseling to an expectant parent considering placement; Make every reasonable effort to help the parent assume a parental role when reunification is the permanency planning goal; Help the parent gain access to the services necessary to accomplish case plan goals; While the child is in foster care, assist the parent with any problems that brought about the need for placement; Encourage contacts between the parent and the child in foster care, in accordance with the case plan; and Offer the parent a signed agreement which includes the respective responsibilities of agency and parent for meeting case plan goals. Selection of Care for the Child. The agency shall: Select the type of care for the child consistent with the child's needs; Document the need to place a child with a foster parent who lives out of a 2-hour commute radius from the agency and the child's parents that includes: Plans to maintain child and parent contact, and Payment of transportation costs; Except when there are contraindicating reasons stated in the case plan, place siblings together when possible; Provide: Needed specialized services for the child, The least restrictive setting closest to the child's parent Commensurate with the child's needs, and Consideration of the parent's preference. Preplacement Preparation. The agency child placement worker shall: Except when prevented by the demands of an emergency placement, meet with the child and parent before the placement; Help the child, according to the child's age and capability, understand the reasons for placement; Prepare the child emotionally for placement; Assure that the child's clothing and other personal belongings are prepared for the child's move; Except when placing under emergency conditions, plan and participate with the child in at least one visit to the foster care home before placement; Be available to the child, the parent, and the foster parent for supportive services; Obtain and maintain in the case record the child's developmental history; If the child is in the custody of the local department or the Department of Juvenile Services: At least once every 3 months, schedule staffings with the child's worker and any other professionals who may impact on the foster child's care; Every 6 months, provide the child's worker a written report which describes the child's progress toward achieving the case plan; and Arrange a visit with the child for the local department or the Department of Juvenile Services worker: 1 week after placement, and every month following placement; or In a time frame suggested by the local department or the Department of Juvenile Services worker. Emergency Placement. A child may be placed on an emergency basis with a certified foster parent approved in writing by the agency for emergency placements. Approved emergency certified foster parents shall: Be willing to accept foster children on an emergency basis; Be aware of the risks and problems of emergency foster care; Provide foster care for a child at least until a permanent plan for the foster child's care is developed, within 30 days from the date of the emergency placement; and Follow all requirements for foster parent certification contained in Regulations .04—.12 of this chapter. The agency may not maintain the child in foster care unless the referring agency, within 20 days of an emergency placement, provides the following: Medical passport and medical history or other required medical documentation; Educational history; Psychosocial history; Child's permanent plan; and When appropriate, psychiatric evaluation. The agency shall have written policies and procedures consistent with this chapter to govern maintenance of certified foster parents. The agency shall document that agreed upon financial payments are made to the foster parent in an accurate and timely manner. The agency shall have a written policy to govern the suspension or revocation of foster parent certification for not more than 60 days for a violation of: This chapter; COMAR 07.02.21; COMAR 07.05.01; or Agency policy. The procedures for suspension are as follows: At least 20 days before a planned suspension, the agency shall give the foster parent: Notice of the intended action; A statement of the specific regulation or policy violated; An opportunity for the foster parent to remedy the causes for the anticipated suspension; and A statement describing the agency's grievance procedure; If certification is suspended as planned by the agency, the agency may not place additional children with the foster parent; If, after 60 days, the foster parent has not addressed the reasons for the suspension, the agency shall revoke certification; and Within 30 days of revocation, the agency shall remove all children in care from the home. Emergency Action and Procedures for Revocation of Certification. Emergency Action. If the agency finds evidence of the foster parent's gross incompetence, misconduct, child abuse, child neglect, or other conditions which pose an immediate threat to the children's health and safety or that of the general public, the agency shall remove the children from the care of the foster parent upon delivery of a written notice that the certification is revoked or suspended immediately. The notice shall include: The citation of specific State regulations or agency policies violated; The agency's decision; and A description of the agency's grievance procedure. Once the agency revokes on an emergency basis, the agency may not restore the foster parent's certification unless the agency determines that the causes for the revocation have been remedied. If the agency revokes a foster parent's certification following a 60 day suspension, the agency shall: On the 60th day of the suspension, deliver a notice to the foster parent which includes the information described in §E(1)(b) of this regulation; and Within 30 days of the revocation date, remove the foster children from the foster parent's care. Monitoring. The agency shall monitor all certified foster parents for compliance with this chapter. Within 72 hours after the agency receives a complaint that a certified foster parent may have violated State regulations or agency policy, the agency child placement worker shall: Conduct an investigation to assess the foster parent's compliance with applicable regulations and policy; Send a written report to the Administration and the chief administrator of the agency stating: Findings; and Any proposed action affecting the certification of the foster parent; and Inform the foster parent, in writing, of: Findings; Any anticipated actions; and If appropriate, appeal or grievance rights of the foster parent. Recertification. The agency shall conduct recertifications of certified foster parents to determine continuing compliance with State regulations and agency policy: Annually; and If the certified foster parent changes address, marital status, or household composition. The agency child placement worker shall complete and document at least one home visit specifically to recertify the foster parent. At least 60 days before the expiration of certification, the agency shall: Determine if the foster parent wishes to continue as a certified foster parent; and If indicated, reexamine all requirements for the foster parent. The agency shall complete a review and either recertify or deny certification before the current certification expires to prevent interruption of care. If the certified foster parent changes address, the agency shall obtain a copy of fire and sanitary inspections for the new address. If the agency determines that the physical condition of the certified foster parent's home warrants further investigation, the agency shall require additional fire and health inspections. If a member of the foster parent's household becomes 18 years old during the year before recertification, a federal and State criminal background check and child abuse clearance shall be completed on the household member before recertification. Upon request, the agency shall make available to the Administration information on recertified foster parents including: Documents; Reports; Statistics; Files; Case records; Financial records; Memoranda; Correspondence; and Any other information which the Administration identifies. The agency shall: Schedule a physical examination and a functional assessment for the child by a physician within 2 working days after the child's placement; Unless the child has been examined within 6 months before placement and the agency has a record of the examination signed by the examiner, schedule a dental, eye, and hearing examination for a child 3 years old or older within 60 days of placement; Obtain information on the child's immunization history within 30 days of placement or, if not available, provide needed immunizations after a physical examination and recommendations by a physician; Document that the selected foster parents are able to assist in the achievement of the child's case plan goals; Supervise care and services for the child as stated in the child's case plan; Accurately transmit all relevant information concerning the child's history and needs to the foster parent except for information about family members that may be privileged or confidential; Provide the child with at least annual medical and dental examinations and the health care recommended in the child's health record while the child is in the agency's care; Provide the foster parent with assistance and consultation; and Assure that, during the school year, the child: Is enrolled in an appropriate school setting within 5 days of placement, and Attends school regularly. The agency child placement worker shall: See the child at least monthly and as often as necessary to carry out the case plan; Document all contact with the local department caseworker if the child is in local departmental custody or with the Department of Juvenile Services worker, if applicable; and Meet with the parent and child together regularly to assess and document: Progress in resolving problems which precipitated placement, Parent and child relationship difficulties, The child's adjustment to separation, and Achievement of case plan goals. The agency may provide programs of specialized foster care for: Children with disabilities; Hard-to-place children; and Children in preadoptive care. The agency shall require the foster parent to submit and have approved by the agency and the parents or legal custodian any plan: For the child to leave the foster care home longer than 1 week for vacation or other reasons; or That requires the child to leave the State for any length of time. Placement Termination. The agency may terminate a placement if the child is: Moved to another agency-certified foster home; Reunified with the birth or adoptive family; Moved to a foster parent not certified by the agency; Moved to a residential child care program; or Legally emancipated. If the placement is terminated, the agency child placement worker shall: Unless emergency conditions exist, meet with the child and current foster parents at least 2 weeks before the termination; Prepare the child emotionally for the termination; Assure that the child's clothing and personal belongings are prepared for moving before termination; Explain in person the reasons for the termination to the child and current foster parent; Send a written explanation for the termination to the current foster parents at least 1 week before the termination; and If the child is moving to a setting under another agency's authority, prepare the child's records for transfer. Interstate Placement. The agency shall send written notice to and receive written approval from the Administration's Director of the Interstate Compact on Placement of Children before the agency: Places a Maryland child in another state; or Receives a child from another state for Maryland placement. Permanent Records. The agency shall maintain case records for permanent retention documenting the services provided in foster care and pertinent information about the child, the birth or adoptive parents, and the foster parent. When a child is moved to a new foster care home supervised by a different agency, the receiving agency shall: Obtain all records pertaining to the child from the agency which previously placed the child; and Maintain the records indefinitely unless the child is moved again to a foster home or other setting supervised by another agency. The agency shall follow the record requirements stated in COMAR 07.05.01.11. The child's case record shall include the following: Face sheet located in the front of the case record which includes the child's: Name; Birth date; Guardianship status; Pertinent medical information; Placement location; and Parent's or legal custodian's name, address, and telephone number; Birth certificate or place of birth and birth name; Race, religion, and pertinent ethnic or cultural information; If appropriate, the child's guardianship information, including date of decree, docket number, court, and copy of the decree; Siblings, including: Names; Birth dates; and Living arrangements; Child's medical records and health history, including: Financial responsibility; Medical record at birth; Developmental history; Preplacement physical; Medical recommendations; Post-placement services; and Medical passport or other medical documents; Permanent case plan; Educational history and records; and Documentation of staffings and other meetings tracking the child's progress. The parent's record shall include: Face sheet located in the front of the case record which includes the parent's: Name; Address; Social Security number; and If pregnant, expected due date; Date of application or initial referral; Birth date and place; Race and religion; Marital status; If pregnant, prenatal care plan; Names, birth dates, and location of birth parents' additional children; Names and social histories of birth parents' parents; Parent's physical description, including: Weight; Height; Coloring of eyes, hair, and skin; Individual traits such as scars, moles, or disfigurements; and Photographs; Multigenerational health history; Education and work history; Social summary of marital, parental, sibling, and other significant relationships; Discussion of separation and termination of parental rights as applicable; Parent's schedule for visiting with the child; and Signed voluntary relinquishment form as appropriate, and consent form for medical care. The certified foster parent's record shall include: Face sheet located in the front of the record which includes: Name of the foster parent; Names and relationships of all members of the household; Address; and Telephone number; Applications, forms, and references; The agency's home study of the certified foster parent; The agency's findings on the foster parent's compliance with Regulations .04 —.12 of this chapter; Record of children placed with the foster parent; Documentation of: The agency's regular monitoring; The agency's annual recertification or denial of recertification; Criminal background check, and child abuse and child support clearances; Completed required training; Fire and health inspections; and Any other activity of the agency with the foster parent. The agency's annual statistical summary shall include: The number of children currently in: Preadoptive placement; Treatment foster care placement; and Regular foster care placement; The number of children who, in the last year, were: Reunified with parents; Placed for adoption; Placed with a different foster parent certified by the agency; Placed with another child placement agency; Emancipated; and Placed in a residential child care program; The number of foster parent individuals and couples currently certified by the agency; and The number of foster parent individuals and couples whose certification in the last year was: Suspended; Revoked; or Suspended and revoked. The confidentiality of all information shall be safeguarded according to COMAR 07.01.02 and 07.01.07. The agency and agency-certified foster parent shall protect confidential information regarding the foster children, parents, and guardians. The agency shall have a written appeal process which may be used by any aggrieved applicant, foster parent, parent, foster child, or other aggrieved party. Appeal Process. A foster parent aggrieved by a decision of the agency shall be informed by written letter of the right to use the agency appeal procedure and the process for filing a grievance. Unless the children were removed according to Regulation .16E(1) of this chapter, the foster parent may retain the children in care until the agency's decision on the appeal. If the aggrieved party is not satisfied through the agency process, a fair hearing may be requested as set forth in COMAR 07.01.04. Human Services Article, §2-209, Annotated Code of MarylandAgency Note: Federal Regulatory Reference: 42 U.S.C. §621 et seq.; 45 CFR 1355—1357 Effective date: January 12, 2001 (27:26 Md. R. 2357) Regulation .02B amended effective February 2, 2026 (53:2 Md. R. 61) Regulation .09C amended effective September 30, 2013 (40:19 Md. R. 1543) Regulation .13A amended effective September 30, 2013 (40:19 Md. R. 1543); February 2, 2026 (53:2 Md. R. 61) Regulation .14A amended effective September 30, 2013 (40:19 Md. R. 1543) Regulation .15A, D amended effective September 30, 2013 (40:19 Md. R. 1543) Regulation .17B amended effective September 30, 2013 (40:19 Md. R. 1543) The purpose of private adoption services is to: Effect a permanent plan through private legal adoption as quickly as possible for a child in out-of-home placement who cannot, or should not, be reunited with the child's birth parents; Protect children from unnecessary separation from birth parents; Provide the child with an adoptive setting which will ensure the child's safety and well-being; Assure adoption of a child by qualified individuals; Protect the confidentiality of the adoption process; Arrange, as appropriate, the exchange of identifying information among an adoptee, birth parents, and birth siblings who register their consent with the Registry; Assure that a child adopted in a foreign country is protected in Maryland and that the foreign country's laws, customs, expectations, and requests are, as far as is legally and practically possible, honored in Maryland; and Assure potential adoptive parents that the agency will: Share with them all available appropriate information, and Minimize financial and personal risks. In this chapter, the following terms have the meanings indicated. Terms Defined. “Adoptee” means an individual: Whose adoption decree was issued by a Maryland court; or Who was placed for adoption by a: Maryland-licensed child placement agency, or Local department. “Adoption” means the legal proceeding: By which an individual becomes the child of the adoptive parent; and Which confers on the adopted child all the legal rights and privileges to which a child born to the adoptive parent is entitled. “Adoption placement” means the placement of a legally free child with an approved adoptive parent who has signed a placement agreement with the intent to adopt the child. “Domestic adoption” means an adoption which is completed within the United States. “Guardianship” means guardianship with the right to consent to adoption or long-term care short of adoption as defined in Family Law Article, §5-301(e), Annotated Code of Maryland, and; Is conferred by the court on the chief administrator of a child placement agency; and Terminates the rights, duties, and obligations of the birth parents. “International adoption” means the adoption by a Maryland resident of a child from a country outside the United States. “Legal risk placement” means the placement of a child whose permanency plan is adoption, but who is not yet legally free, with potential adoptive parents approved for both foster care and adoption with the intent that the parents will adopt the child if guardianship is granted to the placing agency. “Maryland Adoption Resource Exchange (MARE)” means the State registry of Maryland children waiting to be adopted. “Open adoption” means an adoption in which it is the explicit intent that the child shall maintain contact, including the possibility of visitation, with the birth parent or relatives. “Preadoptive foster care” means out-of-home placement services provided to a child in a certified foster home when the permanency plan is adoption but an adoptive parent is not yet available or the child is not ready for permanent placement. “Registry” means the Maryland Mutual Consent Voluntary Adoption Registry. “Search, contact, and reunion services (search services)” means services to: Locate adoptees and birth parents of adoptees; Assess the mutual desire for communication or disclosure of information between adoptees and birth parents; and Provide counseling or referral to counseling for adoptees and birth parents of adoptees. “Termination of parental rights” means the legal process of obtaining guardianship and ending the rights and responsibilities of the parents. To provide private adoption services, an agency shall: Be licensed as a child placement agency by the Administration in accordance with COMAR 07.05.01; and Have a written service plan which meets the requirements of this chapter. To provide adoption search, contact, and reunion services (search services), the agency shall: Satisfy the requirements in §A of this regulation; and Have a written plan which meets the search services requirements of COMAR 07.02.12. An agency or individual shall satisfy the requirements of §A of this regulation to: Advertise adoption services through the media; Conduct public meetings for the purpose of soliciting potential clients; or Recruit in any other way potential adoptive parents or locate children for adoption in Maryland. Services shall be accessible and available to a birth or adoptive parent requesting assistance in dealing with parenthood issues. When an expectant parent considering placement of a child for adoption requests adoption services, the agency child placement worker shall: Provide counseling and other appropriate services to the expectant parent: Before the child's birth, During termination of the parental rights process, and For as long after termination of parental rights as is desired by the parent; Assist the parent as needed to gain access to the services necessary to accomplish the case plan goals; While the child is in care, assist the parent to resolve any emotional or other issues resulting from the adoption process; Inform the parent of the following: Parent's right to visit the child during the period before guardianship is granted, Parent's right to withdraw consent for guardianship as set forth in Family Law Article, Title 5, Subtitles 3A and 4B, Annotated Code of Maryland, Search rights of birth parents and adoptees as set forth in COMAR 07.02.12 and Family Law Article, Title 5, Subtitles 3A and 4B, Annotated Code of Maryland, and Parent's right to file a disclosure veto as set forth in Family Law Article, §5-3A-05(a), Annotated Code of Maryland; and When a parent decides to place a child for adoption, prepare a written placement agreement with: A placement plan, and Any special conditions on the care requested by the birth parent and agreed to by the agency. To the extent possible, the agency shall include the following information in the parent record: Face sheet which shows at least the parent's: Name; Address; Social Security number; Birth date and place; Race; Religion; and Marital status; Date of application or initial referral; If the parent is pregnant, the expected due date and prenatal care plan; If the child has been born, the date of birth and delivery information; Names, birth dates, and whereabouts of other children born to the parents; Names of parents' parents and background summary; Parents' description, including weight, height, coloring of eyes, hair, and skin, personality traits, and special interests with photographs, videotape, or other media representation; Multigenerational health history; Education and work history; Marital, parental, social, and sibling relationships; Documentation of discussion of separation and termination of parental rights as applicable; Documentation of a discussion of adoption and its meaning, including the potential for open records; Signed voluntary relinquishment, consents for release, medical care, and guardianship petition; and Information on the guardianship order, including the: Date; Judge; Docket number; Court; Signed voluntary relinquishment, consents for release, medical care, and guardianship petition; and Copy of guardianship decree. Adoption services are available to any child: Whose parent voluntarily relinquishes the child for adoption; Whose parent is considering separation from a child because of the parent's inability to provide parental responsibilities; For whom the agency considers permanent planning through adoption is in the best interest of the child; For whom another service or agency has referred the child for adoption planning; or Who was adopted or freed for adoption in a foreign country and is now living in Maryland. Adoption services for a child may be requested by the: Parent; Agency having legal authority by court action; Court, agency, or other organization established by a foreign country's law or policy; or Child who is 10 years old or older. When an agency receives an application for adoption services on behalf of a child, the agency shall: Determine the needs of the family and child; and Decide the appropriate service. During the process of determining or implementing a case plan, a child accepted for adoption service may be placed in: Preadoptive foster care; A legal risk placement; or A residential facility licensed or approved by the Administration. Adoption Service Agency's Responsibilities in Preadoptive Foster Family Care. The agency shall have immediately available, through agency certification or formal contract with another Maryland-licensed child placement agency, certified foster parents capable of providing temporary preadoptive certified foster care for a child for whom the plan is adoption, but for whom an adoption placement is not yet available. The agency shall: Provide or arrange for the child's appropriate physical care, emotional security, and intellectual stimulation; Observe and document the child's developmental progress; and Utilize information in the child's record to select a suitable adoptive parent for the child. Preparation for Adoption Placement. The agency shall proceed to terminate parental rights and obtain guardianship of the child by filing the petition according to Maryland Rules of Procedure, Chapter 1100, Subtitle D, and Family Law Article, §§5-301—5- 330, Annotated Code of Maryland, within 2 weeks of: Obtaining the voluntary relinquishment of the child; or Completing efforts without success to locate the parents. The agency holding guardianship shall, according to the provisions of Family Law Article, §5-319, Annotated Code of Maryland, notify the court and the parents of the plan to terminate parental rights. A consent to guardianship is valid if it contains written notice of the: Parent's right to withdraw consent as described in Family Law Article, §5-311(c)(1), Annotated Code of Maryland; Parent's and adoptee's search rights as described in Family Law Article, Title 5, Subtitles 3A and 4B, Annotated Code of Maryland; and Parent's right to file a disclosure veto as described in Family Law Article, §5-3A-05(a), Annotated Code of Maryland. When guardianship is obtained, the agency shall immediately proceed with adoptive placement plans in the following manner: If an adoptive parent is selected for the child: Place the child with the adoptive parent, Provide post-placement services, and Proceed to petition the court to finalize the adoption; If the child was in a legal risk placement for 6 months or longer and the adoptive parent is still the parent of choice, petition the court to finalize the adoption; If the child is bonded to foster parents who have applied to adopt the child, met the requirements of this regulation, and determined by the agency that the foster parents' adoption of the child is in the child's best interest, petition the court to finalize the adoption; or If an adoptive parent is not available: Attempt to recruit a home for the child, and Within 30 days register the child with MARE and other appropriate exchanges. The agency shall maintain the following records to document services to the child: A face sheet with information needed in an emergency, including the child's: Name; Birth date and place; Names of parents; Guardianship status; Pertinent medical information; Placement address; and Social Security number; and To the extent possible, the following information on the child: Intake study and recommendation; Birth records; Medical records, including: Financial responsibility for medical care; Medical record at birth; Development history; Pre-placement physical; Medical recommendations; Immunizations and inoculations; Continuing medical and developmental history; and Dental records; Race, religion, and pertinent ethnic or cultural information; If the child is 10 years old or older, child's written consent; Guardianship information, including: Date of decree, Docket number, and Copy of the guardianship decree; If the child was in a foster care placement, the child's foster care record as required by COMAR 07.05.02.18D; and If the child is attending school, the child's educational history. The agency shall notify applicants of available adoption subsidies. Subsidized adoption may be available to: A child for whom the agency has guardianship and documentation of reasonable efforts to find an adoptive home without subsidy, but has not been successful because the child has one or more of the following special needs: Is 6 years old or older; Has, in combination with other factors, race or ethnic background considerations; Has a severe or demanding physical or mental disability which may occur or recur; Has a diagnosed emotional disorder; or Is in a sibling group of two or more who shall be placed together; An adoptive parent who meets income qualifications and requires a subsidy to permit the parent to adopt a child who has a special need listed in §B(1) of this regulation; and An adopted child who is eligible according to §B(1) of this regulation at the time of adoption, but that fact was not known until after the adoption, for a one time retroactive post-adoption subsidy not to exceed an amount equal to 12 months of the Regular Care or Special Care rate as set forth in COMAR 07.02.11.34, Schedule A. If appropriate, the adoptive parent shall apply to the local department to request a subsidy. Domestic Adoption-Related Child Placement Services. A licensed child placement agency providing domestic adoption services may charge a reasonable fee for reimbursement of services by developing a sliding fee scale based on income. The agency may not: Charge a fee unless it has provided the applicant with: The agency's fee and refund policy; An estimate of the agency's maximum fee for specific services; Information regarding available public and private subsidies; and The agency's sliding income fee scale; and Except for a reasonable nonrefundable administrative fee, keep payment from the adoptive parent unless the agency has provided the services, irrespective of whether: An application and home study are pursued to completion, or A child is adopted. International Adoption. The agency shall: If a foreign country ceases adoption activity with the United States: Keep a designated nonrefundable fee established at the time the fee was collected; or Refund the entire collected fee; Designate a reasonable refundable fee which shall be: Used for legal and other expenses when the adoption is finalized in a foreign country; Placed in an escrow or reserve account if it is not needed within 60 days of receipt by the agency; and Returned to the applicant if the adoption is not finalized, and: The adoptive parent has not caused the collapse of the adoption by actions or statements, and Funds are not needed for legal and other documented expenses in the foreign country; Inform the applicant in writing of the reasonable fees described in §B(1) and (2) of this regulation; and If the adopted child has special needs as defined in Regulation .06B(1) of this chapter, explore the availability of State reimbursement for nonrecurring adoption expenses as described in COMAR 07.02.12.18. The agency shall have a written plan for continuous recruitment of adoptive homes which includes: The categories of children to be served; Recruitment methods for adoptive homes; Recruitment resources; Time-related goals for applicant recruitment; Designated recruitment staff; Methods of disseminating information about: Individual children available for adoption, and All children available for adoption; and Funding to implement the recruitment plan. An agency unable to recruit an adoptive home for a child within the agency's resources shall refer the child to MARE, other local and national adoption exchanges, and collaborating agencies until it obtains an appropriate placement for the child. The agency shall provide information to prospective adoptive parents about the: Adoption process and its approximate length; Agency's policies and practices; Legal procedures; Categories of children available; Fees and the availability of subsidies; and Right to appeal agency decisions. The agency may not deny an individual's application to be an adoptive parent because: An individual: Is divorced; Is separated from a spouse; Is not married; Has other children in the family; Does not own a home; or Is unable to pay a reasonable fee for adoption services; or Of the applicant's or adoptive child's race, color, culture, national origin, sexual orientation, or ethnic heritage. The agency shall deny an application if the agency determines that an individual's: Child support account is in substantial arrearage which may affect the applicant's ability to provide for an adopted child; Economic situation is insufficient to provide adequately for a child; Physical or mental health precludes the ability to parent a child; Age is younger than 18 years; Criminal background or record of child abuse or neglect precludes the possibility of being an adoptive parent; Adoption application or home study is active with another child placement agency; Previous home study by a child placement agency reveals the individual was denied for valid reasons; Status is that of: Member of the agency's governing board; or Adoption service employee of the agency; Living space is inadequate for an additional family member; or Application information is known by the applicant to be false. Inquiry Process. An applicant shall complete an agency inquiry process before the agency offers an application form for a home study. The process shall be as follows: Appropriate agency staff conducts an inquiry interview which: Shall be: A face-to-face interaction, and Documented in writing; and May be with: One applicant, or A group of applicants; The agency and the potential applicant exchange sufficient information to enable both parties to determine whether to proceed; The agency documents that it has informed the potential applicant of its policies and procedures, including: Explanation of a waiting list; Criminal background check requirements; Child abuse and neglect clearances; Home study process; International adoption requirements; Legal considerations; Post-placement services; Available subsidies and other financial resources; Reimbursement policies and fee scales; and Requirements regarding applications or home studies in process or completed with other child placement agencies; and If both agency and potential applicant agree to proceed, the agency shall offer the individual an application form. General Application for Home Study or Reconsideration. A potential adoptive parent shall complete an application before the beginning of a home study or reconsideration. The agency's chief administrator or designee shall make the decision regarding the acceptance or denial of the applicant for home study or reconsideration status based on: The requirements of this chapter; Rules and policies of the agency; and Information obtained from the completed application. If the application is denied, within 10 days of the decision the chief administrator or designee shall inform the denied applicant in writing of the: Reason for the denial; and Agency's appeal process. Reconsideration. The application shall include: Documentation of annual medical evaluations of the adoptive parent and all other individuals living in the home; Documentation of application for sanitation and fire inspections as described in §D(5) of this regulation if the adoptive parent: Moved to a new residence, or Occupies a residence which was altered significantly during the previous year; State and federal criminal background checks for any additional individual 18 years old or older living in the household; If a couple, dated signatures by both individuals; and Local department protective service clearances for all adults living in the home. If the applicant has a child abuse or neglect investigation pending, the agency may not make a decision regarding the application until the investigation is completed. Home Study Application. If a couple completes the application form, both individuals shall sign and date the application form. The applicant may request the adoption of a specific child, but the agency shall consider the child's best interest in selecting an applicant for a child. If the applicant has a child abuse or neglect investigation pending, the agency may not make a decision regarding the application until the investigation is completed. The applicant shall provide the names, phone numbers, and addresses of at least three individuals as references according to the following: Three reference letters shall be sent directly to the agency, of which: One of the references may be a relative, and If the applicant has a child or children in the household attending school, one reference shall be a teacher, administrator, or counselor employed by a school which the child or children attend; and Of the three references, the agency shall document a face-to-face contact with at least one reference and phone contact with the two other references. A completed home study application shall include: Financial statements with verification of income; Marriage or divorce verifications or both, as applicable; Applicant's plan to provide space in the home for the child; Reports of medical examinations for all individuals living in the applicant's home; Documentation of an application for a home sanitation inspection report by the local health department or a State- licensed sanitarian; Documentation of application for a signed local fire department document which is: A report of a home fire safety inspection, or A statement indicating the local fire department will not complete the fire safety inspection; References as described in §D(4) of this regulation; If the home is equipped with a swimming pool or hot tub, houses a pet, or contains dangerous household items, documentation of adherence to the requirements of COMAR 07.05.02.10; Documentation of application for State and federal criminal background checks for all household members 18 years old or older; Verification of local department: Child abuse and neglect clearances for all household members 18 years old or older, and Child support payment clearances on the applicant; Birth certificate verifications for the applicants and all the applicant's children; Documentation of an agency inquiry interview; If the applicant had contacts with other licensed adoption agencies, full disclosure and signed release for information from the identified agencies; If the applicant has a vehicle operator's license, a summary of the applicant's driving record from the State Motor Vehicle Administration; and A completed agency application form, signed and dated by the applicant, which includes: Social Security numbers, Address, and Home and work telephone numbers. The application shall be denied if: An applicant or adult household member: Refuses to consent to the local department child abuse, neglect, and child support clearances, Refuses to consent to State and federal criminal background checks, Has an indicated child abuse or neglect finding, or Refuses to consent to the State Motor Vehicle Administration clearance; A review of child support information reveals substantial child support payment arrearages which may interfere with the applicant's ability to be an effective adoptive parent; A criminal background check reveals that an applicant has a felony conviction for: Child abuse or neglect, spousal abuse, a crime against children, rape, sexual assault, or homicide, or Physical assault, battery, or a drug-related offense in the 5 years preceding the date of the adoption application date; or The agency determines that any information obtained through the application process warrants denial. The home study is an educational and evaluative process which takes place between the applicant and the agency and is designed to assess the applicant's ability to: Understand the unique issues and challenges of adoptive parenting; and Meet the needs of an adopted child. The agency child placement worker shall initiate a home study after: Receipt of the completed application; and Approval by the agency's chief administrator or designee. Home Study Process. The agency's child placement worker, in consultation with the child placement worker's supervisor, shall conduct, write, sign, and date the home study. The home study shall consist of: At least two interviews with the applicant, both individually and together when two individuals apply together, with at least one of the interviews conducted in the applicant's home; and Additional individually conducted interviews with each: Child 10 years old or older who lives in the home; and Adult member of the household. The agency may use informational or orientation meetings or training sessions to complete the home study process. The agency shall complete the home study within 90 days of receipt of the completed, signed application unless the applicant consented in writing for the agency to extend the completion date no longer than 150 days. If the agency is unable to complete the home study before the agreed-upon time limit, the agency shall inform the Administration and the applicant in writing of the: Reason the agency is unable to complete the home study; Opportunity for the applicant to reapply; Explanation of any additional required fees from the applicant; and Fee reimbursement to the applicant, if applicable. The home study record shall: Be written by the child placement worker; Include the child placement worker's professional judgments based on: Observed behavior of the applicant; Statements of the applicant; and Data gathered from application material; Include documentation of the following: All items described in Regulation .09B of this chapter; The following completed documentation: Verified State and federal criminal background check; Verified report of sanitation inspection by the local health department or a State-licensed sanitarian; and Verified local fire department report or statement; Mental health reports and clearances if indicated; and Dates and location of contacts by the agency child placement worker with the applicant; Include the following topics which the child placement worker discussed with the applicant: The applicant's motivation to adopt; The applicant's feelings about: Childhood years, Parental relationships, Sibling relationships, Social relationships, and If applicable, marital and in-law relationships, former marriages, children, and child support obligations; The applicant's reaction to life-changing experiences, and ability to cope with change; The applicant's reaction to emotional stress; The impact of infertility on the applicant, if appropriate; The applicant's special interests and activities, including domesticated pets and use of firearms for sporting purposes; The impact of the applicant's religion or life philosophy on the applicant and adopted children; The applicant's employment and financial circumstances; The applicant's formal educational experiences; The applicant's knowledge of and experience in parenting; The applicant's attitudes toward: Children, Discipline, Child rearing, and Changed interpersonal dynamics resulting from the adoption; The applicant's attitudes toward adoption, including: Expectations of a child, Dealing with a child already in the household regarding adoption, The search for a child, The possibility of the adoptee's future need to search for the birth parents, The possibility of dealing with the adopted child's parent, The potential impact of adoption search services, and The impact on the child's physical and mental health if the child was deprived, abused, or neglected before adoption; The legal designation of an identified adult to assume responsibility for the care and custody of the child in case of the death or incapacitation of the adoptive parent; The type of child the applicant could adopt, including a child's: Age range, Special needs, General background, and Race, national origin, or both; The potential availability of financial resources, including: State subsidy, State reimbursement for nonrecurring adoption expenses, and Any agency or other private funding; and The home and community, including: Physical environment of the home; Child care plans if needed; and Attitudes of relatives, friends, and neighbors toward adoption. If a child abuse or neglect investigation is pending on the applicant, the agency may not make a decision to approve or deny an applicant until the investigation is completed. After the agency child placement worker completes a home study, the agency's chief administrator or designee shall make the final decision to approve or deny the applicant for adoption based on: Regulations .08—.10 of this chapter; and The agency's rules and policies. Approved Applicant. If the agency approves the applicant: The agency child placement worker shall, within 5 days of the decision, send a written confirmation explaining the: Time frame for finalizing an adoption; and Opportunity to be registered with MARE and other regional, national, or international exchanges; and If the agency has no child available for an approved applicant within 60 days of the approval for a domestic adoption, the agency shall offer the applicant an opportunity to register with MARE and other regional and national exchanges. Denied Applicant. If the agency decision is to deny the applicant, the agency child placement worker shall offer to meet with the denied applicant within 10 days of the decision, and: If the applicant agrees to a meeting: Explain the reason for the denial including State regulation citations, agency rules, and policy citations, Explain the agency's appeal procedure; and Within 5 days after the meeting with the denied applicant, send a written explanation of the topics listed in §D(1)(a) and (b) of this regulation; or If the applicant does not agree to a meeting, within 10 days of the decision send a written statement to the denied applicant which explains the: Reason for the denial, including State regulation citations, agency rules, and policy citations, and Agency appeal process. Within 30 days after a completed application for reconsideration, in accordance with Regulation .10B and C of this chapter, the agency child placement worker shall complete a reconsideration of the adoptive parent: When a significant change in the circumstances of the adoptive parent occurs; When the adoptive parent adopted a child through the agency and wishes to adopt another child through the agency within 3 years of the previous child's adoption; or At least annually until case termination or selection of a child for adoption. A reconsideration may not take place: If the adoptive parent is actively working with another adoption agency; or The adoptive parent has not finalized an already pending adoption unless the adoptive parent is in the process of adopting a sibling group, in which case only the sibling group shall be considered. Content of Reconsideration. The agency's reconsideration of the adoptive parent: Shall include at least one interview with the adoptive parent in the home; Shall include an exploration of the adoptive parent's continued interest in adopting a child; Shall include a separate interview with all adults living in the home in addition to adoptive parent; Shall include a separate interview with all children in the home who are 10 years old or older; Shall include an exploration of the changed situation of the adoptive parent since the last agency interview; Shall include completed fire and sanitation inspections if required by the application in accordance with Regulation .10C of this chapter; May include a reevaluation with the adoptive parent of a willingness to be more flexible in considering children who need a home; May include an update in MARE; and May include other requirements which the agency or the Administration deem appropriate. The agency shall take action to obtain guardianship within 6 months from the date of a child's placement in preadoptive foster care. The agency child placement worker shall reevaluate a child in preadoptive foster care: When the birth parent decides to plan for the child's adoption; After 60 days from the date of initial preadoptive home placement; At least every 60 days thereafter for 6 months from the date of initial preadoptive home placement; Every 6 months after the first 6 months of preadoptive foster care with documentation as to why the child is not yet placed for adoption; and When any significant change occurs to affect planning for the child. A reevaluation of a child in preadoptive foster care shall include: A review of the case plan goals; An assessment of progress in achieving the goals; Future action to implement the appropriate case plans for the child; and An update of MARE or any other exchange registrations. The agency shall select an adoptive parent for a child who meets the child's needs. Religious Considerations. When placing a child, the agency: May not, because of religious considerations, cause undue delay in the placement of a child; Shall, when possible, give preference in the placement of a child to individuals of the same religious belief as that of the child or the child's birth parent, unless the birth parent waives this provision or indicates a different choice; or May recommend placement without regard for religious factors if the agency determines that a child does not have sufficient religious background, training, or beliefs to be a factor in the adoption. Racial and Cultural Considerations. The agency shall screen a potential adoptive parent on attitudes concerning race, acceptance of racial and cultural differences, and ability and willingness to provide support and maximum socialization opportunities for the child. The agency may not delay or deny the placement of a child for adoption on the basis of the prospective adoptive parent's or child's race, color, sexual orientation, or national origin. For a Native American child, the agency shall give preference to adoptive placement as set forth in the federal Indian Child Welfare Act, 25 U.S.C §1915. Eligibility for Benefits. When an adoptive child is eligible for benefits, such as Social Security, Veterans, SSI, or tribal rights, the agency shall: Inform the adoptive parent of the child's eligibility; Provide the child's claim number; and Encourage the parent to apply for the child. Medical Information. When possible, the agency shall document that it makes available to the adoptive parent a complete medical history of the child and the birth parents which may not contain information revealing the original identity of the child and the birth parents. The agency shall retain the medical records indefinitely as part of the child's files and make them available, when requested, for the adoptive parent, the adult adoptee, or the adoptee's offspring. The agency shall update the medical history when verified new information is obtained from adoptees, adoptee's relatives, or other sources. Identification of Responsible Adult. Before finalization of the adoption, the agency child placement worker shall counsel the adoptive parent regarding: The importance of identifying a responsible adult to care for the child in case of the parent's death or incapacitation; and If indicated, executing a legal document that confirms the identification. Consideration of Certified Foster Parents as Adoptive Parents. After the agency rules out a child's return home with parents and placement with relatives, the agency shall consider the child's certified foster parents as prospective adoptive parents if the child lived with the certified foster parents for at least 1 continuous year before the permanency plan of adoption was developed. The agency shall provide post-placement services to all children and adoptive parents before an adoption is finalized. Home Visits. The agency child placement worker shall visit the adoptive parent at least three times and as needed during the first 6 months following placement. The child placement worker shall use the observations during the visits in determining the frequency of visits needed to ascertain the adopting parent's readiness to finalize the adoption. The child shall be included in the home visits according to the child's age and capability. Child Abuse and Neglect. Within 1 hour of a home visit, the agency child placement worker shall report any suspicion of child abuse or neglect by the adoptive parent or other individual living in the home to the local department, the Administration, and the agency's chief administrator. The agency's chief administrator or designee shall: Within 48 hours of the report's receipt, decide if the child should be removed from the home; and If the adoptive parent is indicated, implement the child's immediate removal from the home. Agency's Post-Placement Responsibilities. The agency shall: Provide evaluative, supportive, and educational services for the adoptive parents emphasizing the unique nature of adoption and its continuing impact on the parent-child relationship; Place special emphasis on the integrity and continuity of the child's heritage and genetic histories; Assure that all complaints of child abuse or neglect are reported immediately to the local department and the Administration; Develop and use a written instrument to assess the child's safety in the adoptive home; Remove a child before legal adoption if: In the opinion of the agency, conditions in the home impair the child's security and jeopardize the physical or emotional development of the child, The adoptive parent or an adult living in the home has violated an agency rule or policy and has jeopardized the physical or emotional development of the child, or A local department has investigated either child abuse or child neglect and delivered a finding of “indicated” on the adoptive parent or an adult living in the home; and If indicated, inform the adoptive parent in a face-to-face interview and subsequent written correspondence of the: Reasons for the removal of the child, and Adoptive parent's rights and process to appeal an agency decision to remove the child. Termination of Continuing Services. The agency shall terminate services to the adoptive parent when: The adoption decree is final unless the agency and adoptive parent agree that services will continue beyond the final adoption decree; or When a child is removed from an adoptive home. Adoptive Parent. After an adoption is finalized, the agency shall extend the following services: Counseling or information and referral services when requested by the adoptive parent; and Provision to the adoptive family of any additionally acquired medical, social, psychological, and genetic history of the minor adoptee. Adoptee's Birth Parent. The agency shall extend service to the adoptee's birth parent by: Providing the birth parent the opportunity to: Update agency records with appropriate birth family history, and Release the agency from the confidentiality requirement relating to identifying information requested at some future date by the adult adoptee; Accepting from the birth parent medical information critical to the adoptee's growth and development, and assuring the communication of the information to the adoptive family or the adult adoptee, as appropriate; and Facilitating search services with the adult adoptee when the birth parent and adult adoptee have voluntarily consented in accordance with COMAR 07.02.12. Adult Adoptee. At the request of the adult adoptee, the agency shall extend the following services: Initial interview; Information and referral as needed; Provision of full non-identifying information in records available to the agency; Sharing confidential information if the birth parent gives consent; Facilitating search services with birth relatives when all appropriate parties have voluntarily consented in accordance with the provisions of COMAR 07.02.12; and Accepting from the adult adoptee medical information which may be critical to the birth parent and assuring as much as possible the communication of this information to the birth parent. If approved by the Administration, the agency may provide services related to an international adoption. To facilitate placement of a child from a foreign country, the agency shall cooperate with the international agency, whether based in the United States or in the child's country of origin. Services to legally free the child for adoption may be conducted in the child's country of origin, in accordance with the country's laws, policies, and regulations. Agency services provided to individuals requesting assistance with an international adoption shall include the following: Consultation with the adoptive parent, either individually or in a group, to: Discuss compliance with United States Immigration and Naturalization Service requirements; Inform about the current international adoption situation; Provide all available information regarding the child's: Physical attributes; Health; Current living conditions; Emotional health; Birth date; Sex; Birth parents; and Current caretakers; Photographs, videotapes, or other media representations of the child; Information about physical and emotional traumas experienced by the child; Reasons the child is available for adoption; and A home study that shall include: The requirements of Regulation .11 of this chapter; Exploration of the adoptive parent's feelings about: Motivation for international adoption; and Plans for dealing with the child's transition to a new culture; Exploration of the appropriate cultural support systems existing within the State; and Exploration and documentation of the adoptive parent's attitude regarding the foreign country's legal and social expectations and planned efforts to preserve and protect the child and the child's heritage regarding: Religion or life philosophy; Lifestyle; Sexual orientation; Post-placement visitation; and Other considerations unique to the foreign country; Written instructions specific to the foreign country involved; and While an adoptive parent is in a foreign country to adopt a child, the support, information, and consultation requested by the adoptive parent through phone or other communication. Provisional Child Placement. To introduce a child living in a foreign country to a potential adoptive parent, the agency may provide a provisional placement service in Maryland for a child in a foreign country: Who is 6 years old or older; Whose country of origin has freed the child for adoption; Whose visa allows the child to stay in the United States for at least 30 days; Who is placed provisionally no longer than 120 days; and Who is placed with an individual who: Initially contacted the agency; Successfully completed: An application interview with the agency child placement worker in the applicant's home, A State and federal criminal background check for all adults living in the home, A local department protective services clearance for all adults living in the home, and Medical examinations for all adults living in the home; If indicated, provided copies of any required licenses or permits for pets or firearms kept in the home; and Was approved for provisional placement by the agency's chief administrator. Final Adoption in Country of Origin. If finalization of the adoption occurs in the child's country of origin before the child's arrival in the United States, the agency shall: Document its offer to the adoptive parent of three post-placement follow-up visits to the adoptive parent's home in a 6-month period; Encourage the adoptive parent to readopt the child in Maryland; Make a reasonable effort to assure that the adoptive parent meets the expectations of the foreign country in which the child was adopted; Honor all reasonable requests for reports or other documentation by the child service agencies of the foreign country in which the adoption took place; and Encourage adoptive parents to follow the foreign country's requirements for post-placement visits. A child may be considered for open adoption when: Family reunification efforts are unsuccessful and adoption is the permanent plan; The child's age and level of contact with, or commitment to, the parent make it emotionally difficult for the child to sever all ties with the parent; or A prospective adoptive parent can show, through the home study process, that the prospective adoptive parent: Is willing and able to allow and encourage contact of the child with the parent, Understands the child's dual needs for a permanent home and contact with the parent, and Can anticipate feeling secure in the role as the child's adoptive parent while also facilitating contact with the parent. In an open adoption, the agency child placement worker shall: Document that the adoptive parent, parent, and the child, when age appropriate, were told the legal, emotional, and social ramifications of open adoption; Document before placement of the child, the: Visiting plan, Level of contact, and Expectations of adoptive parent and parent about their roles; Document discussions with the adoptive parent and parent regarding the importance of pre-placement visits with: The child by the adoptive parent, and The adoptive parent by the parent; Extend post-placement services to the child, adoptive parent, and parent; Be available for counseling on issues relating to the open adoption; Complete and retain records related to the child, adoptive parent, and parent as required in this chapter; and Except for any requirement regarding non-identification, assure that the child, adoptive parent, and parent receive the same services and protections offered under this chapter and COMAR 07.05.01. All records on birth and adoptive parents and adopted children shall be maintained indefinitely in accordance with COMAR 07.05.01.11. All records shall include information described in Regulations .04C, .05G, and .11D of this chapter. The agency shall maintain for at least 5 years a statistical summary which includes the annual number of: Children served by age and sex; Finalized adoptions; Completed home studies; Applications for home studies; Applications denied; and Home studies resulting in denials for adoption. The confidentiality of all information shall be strictly safeguarded according to COMAR 07.01.02 and 07.01.07. The agency and approved adoptive parents shall protect confidential information regarding the adoptive children, their parents, and guardians. The agency shall have a written appeal process for adoption applicants, approved adoptive parents, and any other individuals who believe they are aggrieved as a result of agency actions. An individual aggrieved by a decision of the agency or the Administration may: First exhaust the appeal process within the agency; and If the grievance is not addressed to the satisfaction of the aggrieved party through the agency process, request a fair hearing as set forth in COMAR 07.01.04. Family Law Article, §§5-101, 5-301—5-414, 5-3A-01 et seq., 5-4A-01 et seq.,5-4B-01 et seq., 5-524, and 5-525, Annotated Code of Maryland. Agency Note ; Federal Regulatory Reference: 42 U.S.C. §670 et seq.; 45 CFR 1355 Effective date: January 12, 2001 (27:26 Md. R. 2357) The purpose of the private independent living program is to prepare and assist individuals 16 through 20 years old to make the transition from foster care to living as independent citizens. In this chapter, the following terms have the meanings indicated. Terms Defined. “Apprentice employment” means employment approved by the agency at the entry level which prepares youth for more responsible employment through education, training and mentoring. “Employment” means work approved by the agency for which payment is received. “Monitoring site visit” means an agency staff person: Conducts a face-to-face interview with the resident and inspects the resident's apartment; or Inspects only the resident's apartment if the resident is on agency-approved leave. “Private career school” means an educational program that trains individuals for specific occupations and is approved by the Maryland Higher Education Commission. “Private independent living program” means a program that provides services and supervision for children who live in their own apartment that meets the requirements of this chapter. “Referring organization” means a State agency or other authorized organization that refers residents for placement in a licensed independent living program. “Resident” means an individual 16 through 20 years old who is admitted to a private independent living program. To provide a private independent living program, the agency shall: Have a child placement agency license issued by the Administration in accordance with COMAR 07.05.01; Include at least one resident in the program on the governing board or on an advisory board in a voting or advisory capacity; and Have a written service plan for the provision of independent living services based on the requirements of this chapter. The agency shall maintain written private independent living program requirements which include: A description and schedule of planned resident activities for each calendar year; A written evaluation of the private independent living program by residents at least every 90 days; Documentation that all educational programs used by residents are accredited or approved; Documentation that the agency approves all resident-used employment; Documentation that all private career schools attended by private independent living program residents are approved by the Maryland Higher Education Commission; Documentation that rules are applied equally to and shared with all residents; and Written rules which apply to: Apartment leasing requirements; Personal hygiene; Criminal activity; Participation in: An educational program; A training program; An apprentice employment program; Other employment; or A combination of the above activities; Sexual promiscuity; Absence without approval incidents; Agency supervision and monitoring; Alcohol use; Apartment maintenance; Appropriate substitute child care provision for residents with infants; Drug use; Interpersonal relationships; and Expectations of residents' behavior toward agency staff. The private independent living program administration shall establish written admission requirements which: Identify the residents to be served; Identify the staff person or persons designated to make recommendations and decisions regarding admission to the private independent living program; Document the potential resident's legal custody status; Document the agency's sharing of policies and rules with the potential resident; Require that a potential resident: Is 16 through 20 years old; Understands the private independent living program goals; Agrees to the goals of the private independent living program; Exhibits a readiness to live in a minimally supervised independent living setting; and Has an Intelligence Quotient (IQ) of 65 or above; and Require that, if the potential resident is in the custody of a local department, the Department of Juvenile Services, or another referring organization, the agency may not accept the resident for placement if it does not have on file and available to the resident the following documents: Medical passport and history or other current medical information; Educational history; Psychosocial history; If appropriate, psychiatric or psychological evaluations; Documentation of birth; and Social Security number. The agency child placement worker shall: Prior to admission: Complete a written agency preplacement assessment based on: At least one face-to-face interview with a potential resident; Interviews with representatives from the referring organization; Written documentation provided by the referring organization; and Matching of the potential resident with the agency's provider profile or other referring organization material; and Recommend in writing, admission or rejection based on an evaluation of the potential resident's: Social skills; Ability to understand the benefits of living alone; Educational status; Ability to maintain a clean and orderly living environment; and Ability to set realistic goals; At the time of admission, complete and write a placement agreement for signature by the new resident and the agency's chief administrator or the chief administrator's designee which describes the: Resident's responsibilities to the agency; Resident's responsibility to participate in a high school or graduation equivalency diploma program, college, university, or private career school program, work or apprenticeship program, or employment; Agency's responsibilities to the resident; and Specific expectations of the resident to move toward the goal of self-sufficiency. Within 30 calendar days after placement, the agency child placement worker shall develop a written placement assessment for every resident which: Builds on the case plan completed by the local department as described in COMAR 07.02.10.04B(20) or other referring organization documents; Builds on a State-approved life skills assessment of the resident; Relies on information provided by the resident and: The local department; The Department of Juvenile Justice; or Other referring organizations; Identifies the resident's: Level of emotional growth; Educational level; Employability; Emotional support systems; Documented disabilities or special needs; Available financial resources; Social history; Medical history; Legal status; Expectations of the program; and Time frame for becoming independent and emancipated. Within 90 calendar days after placement and every 90 calendar days thereafter, the agency child placement worker shall complete, in consultation with the resident and the resident's worker from the local department or equivalent referring organization, a written case plan which includes: An update of the placement assessment; Barriers to the resident becoming self-sufficient; Services needed for the resident to become self-sufficient; and Progress made towards goals defined in the local department's independent living service agreement or an equivalent agreement by the Department of Juvenile Justice or another referring organization; Documentation that the resident receives weekly agency instruction; and Documentation that: Residents without a high school diploma are enrolled in a full or part-time educational program leading to a high school diploma, General Equivalency Diploma (GED), or a vocational program for special needs; Residents more than 2 years behind in high school are enrolled in a full-time GED preparation program or a vocational program for special needs; and Residents with a high school diploma or GED are: Enrolled in a college or university; Enrolled in a vocational program; Apprentice-employed full or part-time; Employed full or part-time; or Enrolled in a private career school. During each resident's first 180 consecutive days in a private independent living program, the agency shall provide at least 5 hours of weekly mandatory instruction which includes the following topics: Transportation; Legal issues; Food management; Interpersonal skills; Personal hygiene and appearance; Emergency and safety skills; Vocational planning and readiness; Money management; Consumer awareness; Work preparation and work ethics; Career interest; Job interviewing and resumes; Educational planning; Employment seeking skills; Personal growth; Healthy relationships; Personal goals; Assertive communication; Conflict resolution; Health and medication; Cooking and nutrition; Housekeeping; Knowledge of community resources; and Property responsibility. Instruction for parents living with or who are expected to live with their infants shall include: All of the topics included in §A of this regulation; Care and nurturing of infants; Levels of infant development; Nutritional needs of infants; Prenatal and postnatal care; Parenting training; Substitute child care provisions; and Family planning and contraception. The agency child placement worker shall: Reassess each resident's life skill achievements at the end of the first 180 days in the private independent living program; and Amend the written case plan described in Regulation .05B of this chapter as necessary to reflect changes in the resident's situation. Individuals who provide instruction shall: Be agency employees or independently contracted by the agency; and Verify that they possess appropriate experience. All residents shall attend agency meetings, including: Group discussions led by agency staff to discuss private independent living program issues; Group discussions led by either the child placement worker or another qualified agency staff person to discuss interpersonal issues such as: Sexual abuse; Sexual involvement; Violence; Peer pressure; Grief; and Loss; As needed, individual counseling provided by the agency child placement worker or another State-licensed mental health professional; and Other meetings as required by the agency. All residents shall open their apartment for monitoring site visits. Appropriate agency staff persons shall complete one monitoring site visit at least: Daily for the majority of residents; and Weekly for a select group of residents who: Are in the private independent living program for at least 200 consecutive days; Document an ability to function in a responsible manner; and Are selected by the agency for less rigorous monitoring based on a set of written criteria available to the residents. All residents shall live in: An apartment which is: Negotiated by the agency for independent living purposes; Inspected and approved for occupancy by the appropriate agencies for the local jurisdiction in which it is located; and Occupied overnight with no more than two occupants, both of whom are residents of the agency private independent living program; and A living arrangement approved by the Administration prior to the implementation of this chapter according to the requirements of COMAR 01.04.04.12. All residents shall maintain the apartment in a manner which: Reflects positive self-esteem; Is free from: Garbage; Debris; Dirt; Drugs; Drug paraphernalia; Offensive odors; and Clutter; and Prevents damage, marring, theft, or destruction of apartment property. The agency shall document that it has communicated regularly with the apartment management that: The apartments shall be regularly: Painted; Pest controlled; and Repaired of faulty equipment; Public areas shall be cleaned and maintained; and Resident complaints shall be addressed in a timely and efficient manner. The agency shall negotiate a payment accommodation with the rental organization which: Provides that the agency shall pay the rent in accordance with a lease; or Arranges that the resident shall pay the rent in accordance with a lease. The agency shall have and follow a written policy concerning a resident's: Payment for damage caused or allowed by the resident to the apartment; and Restitution by the resident for the resident's theft of or damage to property of the agency's: Staff persons; Residents; or Corporation. The agency shall, if it includes a resident with an infant in the private independent living program, assure that: All legal requirements are met and documented; All requirements of this chapter are met and documented; Sanitary space, table, and plumbing necessary to change diapers are provided; and An appropriate crib or bed is provided in a bedroom separate from the mother's if the infant is older than 6 months old. The resident with an infant shall: Be referred by: A local department; The Department of Juvenile Services; The Department of Health; or Another referring agency; and Concur with the placement agreement described in Regulation .04B(2) of this chapter to: Assume personal care for no additional children while a resident, other than another child of the resident approved by the agency and the Administration while a resident; and Comply with all agency requirements. The agency shall terminate placement if the resident: Moves to another agency or private independent living program; Is legally emancipated; Decides to leave the private independent living program voluntarily; Has reached the goal of self-sufficiency; Is in serious violation of the agency's rules or requirements of this chapter; or Is notified that the resident's legal commitment is terminated. If a resident becomes pregnant or impregnates a female after admission to the private independent living program, the resident shall be: The subject of a staffing review convened within 14 days after discovery that shall include: The agency's chief administrator; The agency's child placement worker; A representative from the referring organization; and At least one representative from the Administration; Terminated from the private independent living program within 30 days after the staffing review, unless the written staffing review report: Is delivered to the Administration within 20 days of the staffing review; and Recommends an option other than termination to the Administration; Terminated immediately from the private independent living program if the Administration, within 10 days after receiving the staffing review report, decides that the most responsible action is immediate termination of the resident from the program; Maintained in the private independent living program based on the recommended option of the staffing review report and the acceptance of such option by the Administration within 10 days after receiving the staffing review report; or Maintained in the private independent living program based on a revised recommended option negotiated by the Administration with the agency and the referring organization within 20 days after receipt of the staffing review report by the Administration. When a placement is terminated, the agency child placement worker shall, unless emergency conditions or conditions threatening agency property maintenance exist: Meet with the resident at least two weeks before termination; Discuss the reasons for termination with the resident and referring organization; Send a written explanation for the termination to the referring organization; and Prepare the resident's records for permanent maintenance by the agency. The agency shall maintain permanent case records documenting the services provided and pertinent information about the resident. If the resident moves to a different private independent living program, the receiving agency shall: Obtain all records pertaining to the resident from the local department or other referring organization; and Maintain the case records indefinitely. The agency shall follow the record requirements stated in COMAR 07.05.01.11 and COMAR 07.05.02.18D and E. The agency's annual statistical summary shall include the number of residents: Currently in placement; Emancipated; Moved to other settings; and Terminated in placement for cause. Family Law Article, §§5-327(b) and 5-501—5-521, Annotated Code of Maryland Effective date: June 23, 2003 (30:12 Md. R. 787)