# COMAR Title 07 — Department of Human Services ## Subtitle 05 — Social Services Administration—Private Child Placement Agencies ### Chapter 01 — License for Private Child Placement Agencies **Authority:** Human Services Article, §2-209 Annotated Code of MarylandAgency Note: Federal Regulatory Reference: 42 U.S.C. §621 et seq.; 45 CFR 1355—1357 **Administrative History:** Effective date: January 12, 2001 (27:26 Md. R. 2357) **Administrative History:** Regulation .14C amended as an emergency action effective July 1, 2023 (50:15 Md. R. 679); emergency status expired December 28, 2023 **Administrative History:** Chapter revised effective April 14, 2025 (52:7 Md. R. 321) **Administrative History:** Regulation .02B amended effective February 2, 2026 (53:2 Md. R. 61) **Administrative History:** Regulation .09 amended effective February 2, 2026 (53:2 Md. R. 61) **Administrative History:** Regulation .14A amended effective February 2, 2026 (53:2 Md. R. 61) **Administrative History:** Regulation .17 amended effective February 2, 2026 (53:2 Md. R. 61) #### Regulation .01 Purpose and Scope. *COMAR 07.05.01.01* A. 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. B. 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. #### Regulation .02 Definitions. *COMAR 07.05.01.02* A. In this subtitle, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Social Services Administration of the Department of Human Services. (2) “Agency” means a privately incorporated organization that is: (a) Incorporated as a child placement agency; and (b) 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. (3) “Case plan” means a written description of the child's needs and the services to be provided to meet those needs. (4) “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. (5) “Child placement worker" means an individual employed by an agency in accordance with Regulation .14 of this chapter to: (a) Perform intake services; (b) Provide casework, group work, or community organization services; (c) Plan and coordinate the services and resources affecting children before, during, and after the child is in foster or adoptive care; (d) Conduct home studies for adoptive and foster parents; (e) Provide therapeutic services required by the agency's type of license. (6) “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. (7) “Full-time employee” means an agency employee who works for the agency at least 35 hours per week. (8) “Local department" means the: (a) Department of social services in a county or Baltimore City; and (b) Montgomery County Department of Health and Human Services. (9) “Office of Licensing and Monitoring (OLM)” means the licensing authority for the Social Services Administration of the Maryland Department of Human Services. (10) “Placing agency” means the agency, entity, or individual with the legal authority to place a child in an out-of-home placement. (11) “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. #### Regulation .03 Requirements for Licensure. *COMAR 07.05.01.03* A. 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. B. The following activities do not require a license as an agency: (1) 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; (2) 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 (3) An attorney preparing adoption pleadings or performing any other normal function of the practice of law. C. To provide child placement services, an agency shall: (1) Have an appropriate and current child placement agency license issued by the Administration; (2) Comply with the regulations of this chapter; and (3) As applicable, comply with one or more of the following COMAR chapters: (a) COMAR 07.02.21 Treatment Foster Care, (b) COMAR 07.05.02 Private Foster Care; (c) COMAR 07.05.03 Private Adoption; and (d) COMAR 07.05.04 Private Independent Living Program. D. The child placement agency license shall include the: (1) Agency's identification as a licensed Maryland child placement agency; (2) Name of the licensed agency; (3) License number; (4) Type of license; (5) Address of the agency's office for which the license is issued; (6) Effective date of the license; (7) Expiration date of the license; and (8) Signature of the Administration's executive director. #### Regulation .04 Licensing Procedure. *COMAR 07.05.01.04* A. The president of the governing board of the organization that seeks licensure as a child placement agency shall apply to OLM for a license. B. An application for an agency license shall include: (1) The application form, signed by the governing board president and the chief administrator; (2) 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; (3) A detailed agency manual of operation based on this chapter; (4) 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; (5) Additional documentation that OLM may require. C. Application Process. (1) The applicant shall request an application for licensure from OLM and inform OLM of the type of license the applicant is requesting. (2) 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. (3) 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. (4) Upon request, the Administration shall provide consultation to any person planning a child placement service. (5) When an applicant requests information regarding licensure, OLM shall provide information regarding the: (a) Licensing process; and (b) Requirements of the type of license requested. D. Interview and Inspection. (1) The agency’s governing board shall designate the chief administrator to work with OLM during the application process. (2) During OLM’s review of the application, the chief administrator shall, at OLM’s invitation: (a) Meet with OLM to respond to questions; (b) Clarify parts of the application; and (c) Arrange for OLM’s inspection of the agency office and other facilities. E. Decision on the Application. (1) OLM shall examine the application including the service plan and, within 60 days of receipt of the completed application: (a) Issue a child placement agency license if the applicant meets the requirements for licensure; or (b) Deny a child placement license if the applicant: (i) Does not meet the licensure requirements for the type of license requested; or (ii) Knowingly provides false information. (2) If OLM denies a child placement agency license, OLM shall notify the applicant in writing stating the: (a) Reason for the denial; (b) Specific regulations on which OLM based its decision; (c) Applicant's right to appeal the decision; and (d) Process for the appeal. F. Duration of License. A license expires 2 years after the date of issuance unless revoked. #### Regulation .05 Conditions for Continuing Licensure. *COMAR 07.05.01.05* A. Posting of License. (1) If an agency maintains more than one office location, OLM shall issue a license for each office location. (2) The agency shall post the original license issued for an office location in a permanent, public place within the office. (3) 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. B. Agency Responsibilities. (1) 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. (2) Mid-License Period Report. (a) 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. (b) The agency shall provide a mid-license period report that shall include the: (i) List of governing board members and officers as required in Regulation .08B(2) of this chapter; (ii) Audit or audit review report for the last fiscal year; (iii) Operations budget for the current fiscal year; (iv) Verification of employee medical clearance as required in Regulation .08B(14) of this chapter; and (v) Agency self-evaluation as required in Regulation .08B(21) of this chapter. C. 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: (1) Is sold, leased, or discontinued; (2) Moves to a new location; (3) Has its license revoked; (4) Has its license renewal denied; or (5) Successfully completes its renewal process and is issued a new license. D. Valid License. A license is valid only for: (1) The agency to which it is issued and may not be subject to voluntary or involuntary sale, assignment, or other transfer; (2) The location for which it was originally issued; and (3) For the services authorized by the type of license issued. E. Investigation and Continuous Review. (1) OLM shall investigate the premises, facilities, and policies of an agency licensed or proposed to be licensed: (a) Before the issuance or renewal of any license; (b) At the time of the mid-license period report; (c) Before the suspension or revocation of any license; and (d) In response to a complaint about the agency. (2) Subject to OLM's limitation of available funds and staffing, OLM shall monitor each licensed agency by: (a) Continuous reviews of the agency's records; (b) On-site observations of the facilities; and (c) Interviews with individuals employed, served, or otherwise connected to the agency, including governing board members and volunteers. (3) The agency or applicant shall allow OLM to: (a) Inspect all aspects of an agency governed by this subtitle; and (b) Interview any individual employed, served, or otherwise connected to the agency, including governing board members or volunteers. (4) OLM shall conduct interviews and inspections in a manner that: (a) Is least disruptive to the program; (b) Is consistent with needs of the Administration; and (c) Protects all confidentiality required by law or by the regulations in this chapter. (5) The agency shall: (a) 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 (b) Comply with all applicable federal, State, and local government laws, regulations, and standards. F. Renewal of License. (1) At least 120 days before the license expires, OLM shall send a notice to the agency stating that: (a) To be eligible for license renewal, an agency shall submit a renewal application to OLM; and (b) 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: (i) Determine the agency's continued eligibility, and (ii) If the agency is eligible, issue a new license in time to permit uninterrupted service. (2) 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. #### Regulation .06 Agency Purpose and Finances. *COMAR 07.05.01.06* A. 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: (1) Criteria as appropriate for the respective services provided by the agency for the following: (a) Age of children served, (b) Sex of children served, (c) Recruitment, selection, and training of agency staff, (d) Fees for services, (e) Child discipline policy, and (f) Record maintenance and accessibility; (2) A written description of the: (a) Geographical area the agency serves or intends to serve, and (b) Clients or potential clients of the services it provides or proposes to provide; and (3) A written description of the office, with address, which shall be: (a) Located within the State, and (b) Easily accessible to the clientele, staff, and community by public and private transportation. B. 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. C. The governing board shall document its annual review and approval of: (1) A written budget that demonstrates its financial capability to operate for the next fiscal year; (2) Periodic accounting reports in compliance with applicable State law; and (3) An annual report by an independent certified public accountant of an: (a) Audit, or (b) Audit review, if OLM determines the size and source of the agency’s finances do not require an audit. D. If an agency charges fees, it shall: (1) Have a written policy: (a) Stating the amount charged for services provided, and (b) Describing the conditions under which fees are waived or returned; and (2) Make the fee policy available to the public. #### Regulation .07 Agency Governing Board. *COMAR 07.05.01.07* A. 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. B. 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: (1) Screen and select the agency's chief administrator in accordance with agency policy and Regulations .09, .14, and .15 of this chapter; (2) Define in writing the role of the chief administrator; (3) 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; (4) Conduct an annual written evaluation of the chief administrator; (5) Ensure that the agency is housed, maintained, staffed, equipped, and funded to operate the programs effectively and solvently; (6) Consult with OLM and receive its approval before requesting a change in the type of license under which the agency currently operates; (7) Notify OLM of any change in: (a) Chief administrator at least 48 hours in advance; and (b) The address or phone number of the agency office at least 14 days before the change; (8) Be responsible for: (a) The fiscal soundness of the agency operation and undertake the review and approval of the: (i) Agency's annual budget, (ii) Periodic accounting reports, and (iii) Annual audit or audit review completed by an independent certified public accountant; and (b) Maintaining the agency's continual compliance with the: (i) Provisions of the agency's charter, (ii) Terms of all leases, contracts, or legal agreements to which the agency is a party, and (iii) Relevant federal, State, and local laws and regulations governing the operation of the agency. C. Composition and Organization of the Governing Board. (1) The responsibilities of the governing board of the agency shall be clearly defined in the agency bylaws. (2) The governing board shall: (a) 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; (b) Adopt bylaws for its operation; (c) Maintain written minutes of and records of attendance at all its meetings; (d) Ensure that a quorum of its members meet at least quarterly; (e) Include members, at least three of whom are Maryland residents; (f) Maintain a list of its membership with each member's: (i) Phone number, (ii) Address, and (iii) Term of membership; and (g) Have a plan for periodic change of the board's composition. (3) Agency employees, including the chief administrator, may not be voting members of the governing board. (4) An employee of any government organization which regulates or purchases services from the agency may not be a member of the governing board. (5) 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. (6) 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. #### Regulation .08 Agency Reporting Responsibilities. *COMAR 07.05.01.08* A. Agency Emergencies. (1) The agency shall maintain and make available to OLM a written plan detailing employee responsibilities for all emergencies that may affect the: (a) Agency operation; or (b) Health, safety, and well-being of children in its care or receiving adoption services. (2) The agency shall immediately notify the Administration and OLM by phone and email of the following emergencies: (a) Death of a child in it’s care or receiving adoption services; (b) Accident, assault, illness, or psychiatric episode of a child in its care or receiving adoption services that requires hospitalization or emergency medical care; (c) Suspected incident of child abuse or neglect involving a child in its care or receiving adoption services; (d) Illegal activity leading to the incarceration of a child, parent, foster parent, guardian, or adoptive parent; or (e) Other occurrences which may affect the health, safety, or well-being of children in care or receiving adoption services. B. Administrative File. The agency shall maintain and, when requested, furnish to OLM the following information and documents appropriate for the type of license issued: (1) The charter, articles of incorporation, and bylaws; (2) Structure and composition of the governing board with names, addresses, phone numbers, terms of membership, and names and terms of officers; (3) Organizational chart of the agency showing functions and names of the current employees; (4) Names and positions of individuals authorized to sign agreements and to submit official documentation to the Administration and OLM; (5) Verification of the agency's insurance coverage; (6) Procedures for notifying appropriate parties of changes in the agency's policy, programs, chief administrator, or other factors affecting services or licensure; (7) Statement of compliance with nondiscrimination according to COMAR 07.01.03; (8) Operating budget for the current fiscal year and the independent certified audit or audit review report of the preceding year; (9) List of employees with position, titles, and qualifications; (10) Personnel policies and procedures, including definitions of jobs, qualifications, salaries, work hours, vacation and sick leave, and termination and grievance procedures; (11) Verification of compliance with unemployment and workers' compensation laws; (12) Written policy describing internal grievance procedures for service applicants, adoptees, adoptive parents, and foster parents; (13) Child management and discipline plan; (14) Current copies of agency publicity and brochures; (15) 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; (16) Plans for recruitment of foster and adoptive parents as required in COMAR 07.05.02.04 and 07.05.03.08; (17) Plans for employee orientation and continuing training as required in Regulation .16 of this chapter; (18) Agency's plan for emergencies as required in §A of this regulation; (19) Foster parent data as required in COMAR 07.05.02.18G; (20) Adoption data as required in COMAR 07.05.03.20C; (21) Agency’s annual written self-evaluation, which includes: (a) An analysis of program effectiveness in relation to stated purposes and goals of the program; (b) Staffing patterns, average caseload size, and the agency's evaluation of them, (c) Staff turnover rate; and (d) Plans for remedying identified weaknesses in the program; and (22) Additional items that may be required by the Administration. #### Regulation .09 Screening Employees, Volunteers, and Governing Board Members. *COMAR 07.05.01.09* A. 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: (1) State and federal criminal background check; and (2) Review of child abuse and neglect records from the local department in the jurisdiction where the applicant resides. B. The agency shall reject the applying employee, volunteer, or governing board member if: (1) The applicant is a minor; (2) The applicant refuses to consent to a required criminal background check and child protective services clearance; (3) The applicant has an indicated child abuse or neglect finding; or (4) A criminal background check reveals that an applicant has had a conviction: (a) 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 (b) 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. C. Application Restrictions. (1) Pending Child Abuse or Neglect Investigation. (a) If the applicant has a pending child abuse or neglect investigation, the agency may not proceed with the application. (b) The agency may decide to proceed with the application after the investigation is completed. (2) Unresolved Criminal Charge. (a) 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. (b) The agency may decide to proceed with the application after the charge is resolved. D. Before hiring staff or approving volunteers and board members, the agency shall: (1) Obtain written references with documented supporting telephone or personal interviews from three unrelated individuals and present and former employers; and (2) 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. #### Regulation .10 Agency Administrative Requirements. *COMAR 07.05.01.10* A. The agency shall provide suitable office space in Maryland that provides: (1) Office and reception areas that: (a) Are used exclusively as an office and reception area for the agency, and (b) Contain appropriate furnishings in good condition; (2) Areas for confidential interviewing with parents and children; (3) As appropriate, children's playroom or lounge for adolescents; and (4) Storage areas for personnel and client records that provide controlled access and adhere to confidentiality requirements. B. To assure that staff is supported adequately with equipment, the agency shall: (1) Maintain appropriate equipment in good working condition for the operation of the office and the functioning of employees; (2) Provide office furnishings that are easy to maintain, clean, safe, and comfortable; and (3) Maintain locked file cabinets with controlled access for confidential personnel, adoption, and foster care records. C. To assure adequate transportation for children, the agency shall: (1) If needed, assist clients in arranging transportation necessary for implementing the child's service plan; (2) Provide transportation equipped with appropriate safety seats for infants and toddlers; and (3) Assure that vehicles are maintained in compliance with the manufacturer’s suggested maintenance schedule and operated in conformity with all applicable motor vehicle laws. D. Bonding Coverage. (1) An agency that accepts prepayment of public funds, directly or indirectly, shall maintain adequate bonding as determined by State law or contract. (2) All individuals authorized to sign checks or manage funds shall be bonded at the agency's expense. E. Vehicle Insurance. The agency shall: (1) 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; (2) Carry a minimum of : (a) Bodily injury insurance at $100,000 for each individual, (b) Bodily injury insurance at $300,000 for each accident, and (c) Property damage liability insurance at $25,000 for each accident; or (3) If the vehicle is owned privately, document that the private owner carries the minimum insurance amounts in §E(2) of this regulation. #### Regulation .11 Record Maintenance, Security, Retention, and Disposition. *COMAR 07.05.01.11* A. The agency shall: (1) Maintain records necessary for the proper and efficient operation of the agency in accordance with the agency’s type of license: (a) Legible; and (b) Signed and dated by the individual making the record entry; (2) 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: (a) 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; (b) Maintaining indefinitely and in locked storage, case records on foster and adoptive children and their birth and adoptive families; (c) Retaining financial records and other documents for: (i) 5 years after the client's termination from service, or (ii) Until the resolution of any audit findings or claims involving the records in compliance with applicable State laws or contractual agreements; (d) Destroying records in a manner to preserve confidentiality; (e) 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; (f) 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 (g) Reviewing the case record maintenance system for: (i) Ensuring that children's records are kept current and accurate, and (ii) Documenting the name of the individual and the purpose for and date of access to the record. B. 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: (1) The child; (2) The child's parent or guardian; (3) The court; (4) A representative of the agency which holds custody of the child; or (5) Authorized State or federal personnel or by other authorized individuals whose official duties require inspection, review, or audit of the records. C. 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. D. If the agency corporation dissolves, the agency shall deposit all records with the Administration for disposition or retention as required by law. #### Regulation .12 Child Abuse and Neglect. *COMAR 07.05.01.12* A. 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: (1) 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; (2) The agency conspicuously post in its administrative office the telephone number supplied by the local department for reporting child abuse and child neglect; (3) 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; (4) Agency employees, volunteers, or governing board members who suspect child abuse or neglect report the incident to the: (a) Local department or local law enforcement agency, and (b) Chief administrator or, if the individual suspected of child abuse or neglect is the chief administrator, president of the governing board; (5) The agency may not prevent the employee, volunteer, or board member from reporting the incident; (6) The agency protect the individual from dismissal or any other reprisal for making the report; (7) 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 (8) 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. B. Requirements for Employees, Volunteers, and Board Members. Before appointment to the agency, each employee, volunteer, or board member shall: (1) Read a statement of what constitutes child abuse or neglect; and (2) Sign a statement acknowledging that: (a) The individual shall report to the local department or local law enforcement agency any incident of suspected child abuse or neglect; and (b) The agency requires as a condition of appointment that the individual: (i) Cooperate in any investigation or review, and (ii) Give formal testimony if required. C. 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: (1) May dismiss the employee, volunteer, or board member from all duties; and (2) Shall separate the agency individual from all children in the agency's care or receiving adoption services. D. 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. #### Regulation .13 Personnel Policies and Practices. *COMAR 07.05.01.13* A. 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: (1) Written job descriptions and titles for each position defining the qualifications, including health requirements, duties, and lines of authority; (2) Salary scales and provision for salary increases; (3) A description of employee benefits, including provision for paid annual leave, sick leave, holidays, and any other special leaves or benefits; (4) Provisions that encourage professional growth through supervision, orientation, in-service training, and employee development; (5) At least an annual evaluation of the work and performance of each employee that includes employee participation in the evaluation process; (6) Termination procedures for resignation, retirement, or discharge; (7) A grievance procedure for employees; (8) Written confidentiality procedures for maintaining personnel records; (9) A 5-year retention of personnel files after termination for employees who leave the agency; and (10) Maintenance of a non-discriminatory environment consistent with the State's fair employment practices. B. The agency shall maintain a personnel file for each employee, which includes: (1) The application for employment, including a record of previous employment and any known disciplinary actions; (2) A record of the results of screening as required by Regulation .09 of this chapter; (3) References as required by Regulation .09D of this chapter; (4) Medical information required in §C of this regulation and documentation of any medical problems of the employee; (5) Applicable professional credentials or certifications; (6) Annual performance evaluations; (7) Training record and conferences attended; (8) The employee's starting and termination dates; and (9) Reason for termination. C. Medical Information. (1) 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. (2) 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. (3) 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. D. Medical Information. (1) 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. (2) The individual's medical report shall include a clearance for tuberculosis, communicable diseases, and any mental health challenges that would preclude working with children. (3) 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. #### Regulation .14 Employee Qualifications. *COMAR 07.05.01.14* A. All agency employees shall meet the qualifications pursuant to this regulation and Regulations .09 and .13 of this chapter. B. 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. C. Qualifications of Specific Positions. (1) The Chief Administrator. (a) The chief administrator shall be a: (i) Maryland-licensed certified social worker; (ii) Maryland-licensed psychologist or physician practicing as a psychiatrist; or (iii) Member of the Maryland Bar if the agency provides only adoption services in compliance with COMAR 07.05.03 and this chapter. (b) The chief administrator shall: (i) Have 4 years direct experience in child welfare; and (ii) Be a full-time employee of the agency. (2) The director of child placement services shall: (a) Have a master's degree in social work from an accredited school of social work; (b) Have at least 2 years experience in child placement; and (c) Be a Maryland-licensed social worker. (3) A child placement supervisor shall: (a) Have a master's degree from an accredited school of social work; and (b) Be a Maryland-licensed social worker. (4) A child placement worker employed by an agency with a license to provide treatment foster care placements or private adoptions shall: (a) Have a master’s degree from an accredited school of social work or a master's degree in counseling from an accredited school; or (b) 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. (5) A child placement worker employed by an agency with a license to provide private foster care placements or independent living program placements shall: (a) 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 (b) Be supervised by a Maryland-licensed master’s level social worker. #### Regulation .15 Employee Responsibilities. *COMAR 07.05.01.15* A. An agency shall employ a chief administrator whose responsibilities include: (1) Management of the agency's total program; (2) Representation of the agency in the community; (3) Delegation of appropriate responsibilities to other staff; (4) Recruitment and employment of qualified staff; (5) Supervision, training, and termination of staff; (6) Assistance to the governing board in implementing its responsibilities by: (a) Communicating the needs of the children, (b) Making recommendations for needed policy changes, (c) Assisting in the periodic evaluations of the agency's services, (d) Preparing the annual budget for approval, and (e) Providing information regarding financial needs. B. The child placement director is responsible for directing, monitoring, and evaluating the child placement service program of the agency. C. The child placement supervisor is responsible for supervising, monitoring, and evaluating the work and progress of the child placement staff. D. The child placement worker's responsibilities include: (1) Collecting and evaluating information for the child’s placement, and assessing the child’s needs, progress, and discharge planning; (2) Providing case management services to the child and the child's family while the agency is responsible for the child; (3) Ensuring that the child receives the therapeutic services the agency is authorized by its license to provide. (4) Representing the child and the program in liaison relationships with family, school, juvenile court, or other social and community services; (5) Maintaining a case record on each child; (6) Making appropriate information available to substitute caregivers and cooperating community agencies; and (7) Completing adoption and foster home studies. E. 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. F. 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. G. Staffing Pattern Requirements. (1) The child placement supervisor shall be responsible for not more than 6 child placement workers. (2) 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. #### Regulation .16 Employee Orientation, Training, and Development. *COMAR 07.05.01.16* A. The agency shall have a written plan for the orientation and continuing training of all employees. B. The agency shall ensure that: (1) 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; (2) Supervisors and child placement workers receive appropriate training in the following areas: (a) The agency's administrative procedures and overall program goals, (b) Casework skills development in interviewing, case planning, case management, and case review, (c) Principles and practices of child placement and child care, (d) Understanding of children's emotional needs and problems that affect or inhibit their growth, (e) Family relationships and the impact of separation, (f) Recognition, prevention, and treatment of substance abuse, (g) Identification and reporting of child abuse or neglect, (h) Principles and practices of supervision, and (i) State requirements for child placement agencies; (3) The chief administrator receives at least 10 hours of training in one or more of the following areas during each full year of employment: (a) Principles and practices of administration, (b) Budget preparation, (c) Agency accountability, (d) State requirements for child placement agencies, (e) Organizational development, and (f) Principles and practices of child placement and child. #### Regulation .17 Contractual, Professional, Volunteer, and Student Services. *COMAR 07.05.01.17* A. Contractual Services. (1) 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. (2) A contractual employee shall: (a) Be approved by the chief administrator; (b) Be supervised by appropriate agency staff; (c) Be identified to the public as an employee of the agency when providing contractual services for the agency; (d) Adhere to agency policies; (e) Receive orientation and continued training as necessary; (f) Comply with all agency confidentiality requirements; (g) Be subject to all requirements in Regulations .09 and .13 of this chapter; and (h) Be included in the list of employees provided to OLM before the agency’s license is renewed. B. Professional Services. (1) 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. (2) The agency shall ensure that any professional providing a direct service to a child in care: (a) Communicates with agency staff regarding the services provided; and (b) Be made aware of the relevant aspects of the child's case plan. (3) 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: (a) Are qualified, and certified or licensed as appropriate to the Profession; and (b) Have met the requirements of Regulation .09 of this chapter. C. Volunteers. An agency may use volunteers, including students for field placements or internships, to perform tasks and duties in the agency and shall: (1) Develop a written plan for the use of volunteers that includes: (a) A description of duties and responsibilities for volunteers; (b) Designation of an employee who will be supervising volunteers; (c) The orientation and continued training program for volunteers that will familiarize them with personnel policies and confidentiality requirements of the agency; and (d) The method and frequency with which the agency will evaluate its volunteers; (2) Require personal references, criminal background checks, and health checks as required in Regulation .09 of this chapter; (3) Ensure that volunteers are not assigned to fill a staff position required by the agency’s service program plan; (4) Keep records on the hours and activities of regular volunteers; and; (5) Provide each volunteer with a copy of the program plan for volunteers described in §C(1) of this regulation. D. Student Services. An agency that accepts students for field placements or internships shall: (1) Have a written agreement with the student’s school that includes: (a) An outline of the tasks and functions expected of the student and the school; (b) The requirement that the student meet the requirements of Regulation .09 of this chapter; (c) Designation of a qualified employee to supervise and evaluate the student, and serve as liaison with the student’s school; (d) 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 (e) The assurance that the student will not be assigned to fill a staff position; and (2) 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. #### Regulation .18 Corrective Action. *COMAR 07.05.01.18* A. 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: (1) A description of any regulations violated; (2) The requirements for the agency’s submission of a corrective action plan to OLM; and (3) A requirement that any identified violation be resolved within 60 days of the issuance of the notice of violation. B. Sanctions (1) OLM shall also determine whether it is necessary during the pendency of the corrective action process to sanction the agency by: (a) Limiting recruitment or the distribution of agency publicity; (b) Limiting authority of the agency’s chief administrator or employees; (c) Suspending the agency’s applications for additional licensure; (d) Suspending foster parent certifications; (e) Placing a moratorium on future placements to the agency; (f) Removing children currently placed with the agency; or (g) Taking any other actions that OLM deems appropriate. (2) 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. C. Corrective Action Plans. (1) 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; (2) 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: (a) For good cause, provide additional time for the agency to submit a revised corrective action plan and to remedy the identified violation; or (b) Suspend a license under Regulation .19 of this chapter. D. 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. E. 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. #### Regulation .19 Suspension. *COMAR 07.05.01.19* A. 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. B. Suspension of an agency license prohibits the agency from accepting any new placements or providing new services to adults or children. C. OLM may suspend a license for up to 60 days except as provided in §F of this regulation. D. Except as set forth in Regulation .21 of this chapter, OLM shall: (1) 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. (2) 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: (a) Suspend the agency’s license; (b) Notify the agency of the suspension, including: (i) The effective date of the suspension; (ii) The applicable violations of regulations and the nature of the violations, (iii) 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 (iv) A description of the agency’s right to an appeal hearing; and (c) Notify the following parties of the suspension: (i) All adults identified by the agency who are receiving services from the agency, (ii) All local departments; (iii) The Governor’s Office for Crime Prevention, Youth, and Victims Services; (iv) The Department of Juvenile Services; (v) The Maryland Department of Health; (vi) The Department of Education; and (vii) All affected agencies, courts, organizations, and any other parties OLM has determined should be notified. E. Corrective Action Plans. (1) 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. (2) OLM shall review the corrective action plan and inform the agency whether the corrective action plan has been accepted. F. Suspension Outcomes. (1) 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. (2) 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: (a) For good cause, provide additional time for the agency to submit a revised corrective action plan and to remedy the identified violation; or (b) Revoke the agency’s license under Regulation .20 of this chapter. #### Regulation .20 Revocation. *COMAR 07.05.01.20* A. 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 B. 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. C. Except as set forth in Regulation .21 of this chapter, OLM shall: (1) 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. (2) If the agency fails to correct the violations satisfactorily in accordance with Regulation .18 or 19 of this chapter, OLM shall: (a) Revoke the agency’s license; (b) Notify the agency of the revocation, including: (i) The effective date of the revocation, (ii) The applicable violations of regulations and the nature of the violations, and (iii) A description of the agency’s right to an appeal hearing; and (c) Notify the parties listed in Regulation .19(D)(2)(c) of the revocation. D. Once an agency’s license has been revoked, the license may not be restored unless there has been a resolution favorable to the agency. #### Regulation .21 Emergency Action. *COMAR 07.05.01.21* A. 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: (1) Without giving prior notice, suspend or revoke any license it has issued to the agency; (2) Notify the children’s placing agencies that they must immediately remove the children placed with the agency subject to the emergency suspension or revocation; (3) Order the agency to cease services; (4) Order the agency not to accept additional children for care or services; (5) In a letter of suspension or revocation, provide the agency with: (a) Notice of the action taken, (b) The grounds for the action, and (c) A description of the agency's appeal rights; and (6) Inform the parties listed in Regulation .19D(2)(c) about the suspension or revocation. B. Once an agency license has been suspended or revoked on an emergency basis, the license may not be restored unless: (1) There is a resolution favorable to the agency; or (2) If the license was emergently suspended, the identified violations are resolved within 60 days of the suspension. #### Regulation .22 Court Action. *COMAR 07.05.01.22* 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. #### Regulation .23 Appeal Hearings. *COMAR 07.05.01.23* A. 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: (1) OLM has denied an application for a license; (2) OLM has decided not to renew an agency’s license; (3) OLM has imposed sanctions on the agency or suspended or revoked the agency’s license; or (4) The agency is subject to emergency action described in Regulation .21 of this chapter. B. 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. C. 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: (1) Retain in its care those children already in placement pending the request for an appeal hearing; or (2) Continue services to those adults and children already receiving services.