# COMAR Title 14 — Independent Agencies ## Subtitle 31 — Office for Children ### Chapter 09 — Statement of Need **Authority:** Human Services Article, §§2-209, 8-703.1, and 9-204, Annotated Code of Maryland **Administrative History:** Effective date: July 26, 2010 (37:15 Md. R. 1000) #### Regulation .01 Purpose. *COMAR 14.31.09.01* The purpose of this chapter is to establish a process for developing and issuing a statement of need for residential child care programs licensed by the Department of Human Services or the Department of Juvenile Services. #### Regulation .02 Scope. *COMAR 14.31.09.02* This chapter applies to the development and issuance of a statement of need for residential child care programs to be licensed by the Department of Human Services or the Department of Juvenile Services. This chapter also applies to the relocation of an existing or previously licensed residential child care program to another site and the expansion or increase in the number of placements of an existing residential child care program. #### Regulation .03 Definitions. *COMAR 14.31.09.03* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Agencies” means the Department of Human Services and the Department of Juvenile Services. (2) “Expansion request” means the materials required by the Office submitted by a licensed provider that seeks to add additional beds to an existing facility, to expand the physical site or to duplicate a residential child care program in a new location. (3) “Facility” means the physical premises where a residential child care program that is licensed by the Department of Human Services or the Department of Juvenile Services is operated. (4) “Licensing” means the process undertaken by the Agencies to issue, suspend, revoke, or deny a license. (5) “Office” means the Governor's Office for Children. (6) “Proposal” means the materials required by the Office, submitted by a potential new provider or an established provider, to develop a new residential child care facility or program, or an expansion request. (7) “Provider” means the operator of a residential child care program. (8) “Residential child care program” means a program of care provided in a residential setting by a provider on a 24-hour basis, for longer than 24 hours, to a child or children, unless otherwise provided by State law. A residential child care program does not include any program licensed by Maryland Department of Health. (9) “Statement of need” means an official certification of public need in a county or region issued by one of the Agencies for the location and/or establishment of a residential child care program. #### Regulation .04 Statement of Need. *COMAR 14.31.09.04* A. A Statement of Need shall be issued by the Department of Human Services or the Department of Juvenile Services before: (1) A prospective licensee may submit to the Office a proposal for a residential child care program in accordance with COMAR 14.31.02; (2) An existing or previously licensed residential child care program is relocated to another site; (3) The physical site of a residential child care program is expanded; or (4) The number of placements in a residential child care program is increased. B. In developing a statement of need, the Agencies shall: (1) Consider needs identified in the State Resource Plan and the Interagency Strategic Plan; (2) Consider the specialized mental, physical, and behavioral health and development needs of children in the county or region affected by the statement of need; and (3) Give notice and an opportunity to comment on the proposed statement of need to stakeholders in the counties or regions affected by the statement of need, including: (a) State and local child-serving agencies; (b) Providers of residential and community-based services for children; and (c) Children, parents, foster parents, and other guardians. C. When the need for a residential child care program is identified, the Agencies shall publish a notice of a statement of need in the Maryland Register. D. The statement of need shall include: (1) Identification of the geographic area or areas of need, including the primary region or regions of residence of the children who will be placed in the facility; (2) Identification of population to be served, including specialized mental, physical, behavioral health, and developmental needs of the children affected by the statement of need; (3) Description of services that will be provided; (4) Description of the current availability of the proposed services in the region or regions; (5) Description of the actual or projected number of children who need the proposed services from the region or regions; (6) Number of beds required; (7) Description of the methodology used as the basis for the agency's calculations set forth in a manner that permits independent verification if requested; (8) Date by which proposals must be submitted; (9) Date by which beds must be available; and (10) Selection criteria. E. Proposals for a residential child care program must be submitted to the Office in accordance with COMAR 14.31.02 only in response to a published statement of need. F. The Agencies may not grant a license for a residential child care program unless a statement of need has been issued. G. The Agencies may not delegate their authority to issue a statement of need. H. The Agencies shall perform the licensure for a residential child care program in accordance with the applicable provisions of COMAR 14.31.05. I. The Agencies shall perform an evaluation of responses to requests for proposals, and selection of a contractor in accordance with the applicable provisions of COMAR 21.05.03 and other applicable statutes and regulations. #### Regulation .05 Disputes. *COMAR 14.31.09.05* A. When the licensing agency rejects a proposal submitted in response to a request for proposals issued in conjunction with a statement of need under this regulation, a provider has a right to protest the rejection to the licensing agency procurement officer under the protest provisions of COMAR 21.10.02. B. A provider has a right to a hearing under the licensing provisions of COMAR 14.31.05.10 when the licensing agency denies an application for a license under this regulation.