# COMAR Title 14 — Independent Agencies

## Subtitle 31 — Office for Children

### Chapter 05 — Licensing and Monitoring of Residential Child Care Programs

#### Regulation .06 Monitoring and Evaluation of Programs.

*COMAR 14.31.05.06*

A. Monitoring Activities.

  (1) For monitoring purposes, the licensing agency may require the licensee to make its records, personnel, residents, and facilities available on an announced or unannounced basis:

    (a) At any time, if the agency's visit concerns a matter regarding the health, safety, or proper care of the program's residents; or

    (b) At a reasonable time during the program's business hours, if the visit concerns other matters.

  (2) Monitoring activities may include:

    (a) Reviews of financial, personnel, and child records;

    (b) Interviews with staff individuals;

    (c) Interviews with children in care;

    (d) Site inspections of the physical plant;

    (e) On-site observations of the agency's program operations; and

    (f) Any other information gathering pertinent to State law or this chapter.

  (3) The licensing agency shall monitor each program to evaluate its facilities, policies, and operations:

    (a) Before the issuance or renewal of a license;

    (b) At the time of the mid-license period report; and

    (c) Before the suspension or revocation of a license.

B. Response to Complaints.

  (1) The licensing agency shall initiate a response to complaints from any source about the licensee within 24 hours.

  (2) In responding to a complaint, the licensing agency may require the licensee to:

    (a) Make the program available for agency inspection as provided in §A of this regulation;

    (b) Provide a written response to the complaint from the licensee; or

    (c) Complete any additional appropriate procedure deemed necessary by the agency to ensure the safety and welfare of the program's residents.

C. Mid-License Period Evaluation. The licensing agency shall complete a mid-license period evaluation of each program as follows:

  (1) The licensing agency shall send notification to the licensee 60 days before the end of the first year of the license period that:

    (a) The program shall submit to the licensing agency a mid-license period report on or before the anniversary of the license issuance date;

    (b) The mid-license period report shall include:

      (i) A list of governing board members and officers;

      (ii) The program's audit or audit review for the current year;

      (iii) An operations budget for the current year; and

      (iv) The licensee's current quality assurance plan; and

  (2) The licensing agency shall conduct a mid-license period review, including:

    (a) Review of board minutes, personnel records, and children's records; and

    (b) On-site inspection of the program.

D. Child Safety Concerns. If, at any time during the course of monitoring a program, the licensing agency's monitor has reason to believe that a child residing in a program has been subject to abuse or neglect, the monitor shall report that concern in accordance with Family Law Article, §§5-704 and 5-705, Annotated Code of Maryland.