<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 14.31.01.06" title_num="14" subtitle_num="31" chapter_num="01" heading="Notification of Out-of-State Placement.">
  <paragraph num="A.">
    <text>The placing agency shall submit a notification of State funding for the costs, or a portion of the costs, of the placement, as provided by applicable State laws.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Prior to notification of out-of-State placement to the SCC, the placing agency shall notify all appropriate local agencies, the local school system and family members of the placement decision and expected admission date.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Prior to notification of out-of-State placement to the SCC, the placing agency shall ensure that funding discussions have included input from all appropriate local agencies, the local school system and family members.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The notification shall be on a form specified by the SCC and shall include the following:</text>
    <paragraph num="(1)">
      <text>Information deemed necessary by the SCC to identify the child, the child’s intensive needs, and the nature and costs of the recommended placement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Documentation of the placing agency’s efforts to serve the child in the least restrictive environment appropriate to the child’s needs, including:</text>
      <paragraph num="(a)">
        <text>A description of efforts to identify appropriate community-based services to meet the child’s needs;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Reasons why community-based options were considered inadequate to meet the child’s needs or were otherwise rejected;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A description of additional supports and services which would be required to provide appropriate services in an in-State facility, a community-based program, or the child’s home;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The lack of availability of appropriate in-State facilities and services to meet the needs of the child; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A plan for the child’s return from the out-of-State placement, including:</text>
      <paragraph num="(a)">
        <text>Time frame for the child’s return;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Description of services and resources needed to facilitate the child’s return; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>As appropriate, identification of a strategy for developing resources needed to facilitate the child’s return which are not currently available in the community.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Exception Criteria for Out-of-State Placements.</text>
    <paragraph num="(1)">
      <text>The SCC may review a notification from a placing agency for State funding of an out-of-State placement under one of the following exception criteria:</text>
      <paragraph num="(a)">
        <text>The out-of-State placement is closer to the child’s home than any alternative in-State placement;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The plan for the child’s permanent placement includes residence with a caregiver in proximity to the proposed out-of-State placement;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The individualized needs of the child cannot be met through available, appropriate in-State resources at a total cost less than or equal to 100 percent of the average cost per placement for all appropriate out-of-State programs for which application would be made for the child;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The child is currently in detention, shelter care, or committed to the Department of Juvenile Services pending placement under a court order;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Compliance with the federal Individuals with Disabilities Education Act requires out-of-State placement; or</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The child is hospitalized in an acute care psychiatric hospital under the following circumstances:</text>
        <paragraph num="(i)">
          <text>The child is committed to the Department of Juvenile Services, a local department of social services, or a division of the Maryland Department of Health;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The child’s treatment team has determined that the child is ready for discharge.</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The only available, appropriate placement is out-of-State.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The referring agency shall indicate which of the above exceptions is applicable with regard to the placement of the child for whom it has made notification to the SCC.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The SCC will meet at least 6 times a year to conduct business meetings and provide trainings and technical assistance.</text>
    </paragraph>
  </paragraph>
</regulation>