Plain Text Law

Title 16 — Subtitle 01. General Provisions

Chapter 01. Definitions; Rules of Construction

Regulation .01 Definitions.Copy Citation

A.
In this title, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Addictions counselor” means an employee whose primary duty is to provide substance abuse services in accordance with his or her level of education, training, and experience.
(2)
“Appointing authority” means:
(a)
An appointing authority as defined in State Personnel and Pensions Article, §1-101, Annotated Code of Maryland; or
(b)
That appointing authority's designee.
(3)
“Case manager” means an employee assigned to provide case-management services to youth under the Department's supervision, whether that supervision be informal, probation, detention, commitment, aftercare, or otherwise.
(4)
“Commit” has the meaning stated in Courts and Judicial Proceedings Article, §3-8A-01, Annotated Code of Maryland.
(5)
“Commitment program” means any facility or program to which a committed youth is assigned by the Department.
(6)
“Committed youth” means a youth who, on court disposition, is committed to the Department.
(7)
“Community case manager” means an employee assigned to provide overall case-management to youth residing in the community.
(8)
“Contraband” means any item, material, substance, or other thing that is:
(a)
Prohibited for employee or youth possession by law, rule, or regulation, or by directive of the Secretary, a program manager, or an area director; or
(b)
Brought into a facility or other program site in a manner or under circumstances that are prohibited by law, rule, or regulation, or by directive of the Secretary, a program manager, or an area director.
(9)
“Department” means the Department of Juvenile Services.
(10)
“Detained youth” means a youth who, pending court disposition, is assigned to the Department for detention.
(11)
“Detention” has the meaning stated in Courts and Judicial Proceedings Article, §3-8A-01, Annotated Code of Maryland.
(12)
“Detention program” means any facility or program to which a detained youth is assigned by the Department.
(13)
“Direct care staff” means an employee whose primary duty is to provide direct supervision of youth.
(14)
“Employee” means:
(a)
Any employee of the Department or of any facility or other program; or
(b)
Any volunteer who provides direct or indirect services to any youth in a facility or other program.
(15)
“Facility case manager” means a case manager assigned to a residential facility.
(16)
“Includes” or “including” means by way of illustration and not by way of limitation.
(17)
“Juvenile justice monitor” has the meaning stated in State Government Article, §6-401, Annotated Code of Maryland.
(18)
“Person” has the meaning stated in Human Services Article, §1-101, Annotated Code of Maryland.
(19)
“Program” means any facility or program operated by, under contract with, licensed or certified by, or otherwise under the jurisdiction or supervision of the Department for the care or treatment of youth.
(20)
“Program manager” means:
(a)
The individual, regardless of title, who has on-site responsibility for and is in charge of all aspects of the management and operation of a facility or other program; or
(b)
That individual's designee.
(21)
“Secretary” means:
(a)
The Secretary of Juvenile Services; or
(b)
The Secretary's designee.
(22)
“Secure facility” means a residential facility characterized by physically restrictive construction or procedures that are intended to prevent:
(a)
Detained or committed youth from departing at will; and
(b)
Unauthorized persons from having access to the facility.
(23)
“Youth” means any detained youth, committed youth, or other individual referred to or under the jurisdiction of the Department.

Regulation .02 Rules of Construction.Copy Citation

A.
In General. In interpreting and applying this title, the following rules of construction apply.
B.
Gender. Words denoting one gender include and apply to the other genders as well.
C.
Number. The singular includes the plural and vice versa.
D.
Time Computations.
(1)
Computation of Time After an Act, Event, or Default.
(a)
In computing any period of time prescribed by this title, the day of the act, event, or default after which the designated period of time begins to run is not included.
(b)
If the period of time allowed is more than 7 days, intermediate Saturdays, Sundays, and legal holidays are counted.
(c)
If the period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and legal holidays are not counted.
(d)
The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.
(2)
Computation of Time Before a Day, Act, or Event.
(a)
In determining the latest day for performing an act that is required by this title to be performed a prescribed number of days before a certain day, act, or event, all days preceding that day, including intervening Saturdays, Sundays, and legal holidays, are counted in the number of days so prescribed.
(b)
The latest day is included in the determination unless it is a Saturday, Sunday, or legal holiday, in which event the latest day is the first preceding day that is not a Saturday, Sunday, or legal holiday.

Chapter 02. Scope of Title

Regulation .01 Department's Role.Copy Citation

A.
Statewide Responsibility. The Department of Juvenile Services is responsible for the administration of juvenile services throughout the State.
B.
Operational Autonomy.
(1)
The Department is operationally autonomous from agencies that administer adult services.
(2)
The Department is responsible only for:
(a)
Persons within the jurisdiction of the juvenile court; and
(b)
Those youths who have been ordered by a juvenile court to be detained in a juvenile facility pending a transfer determination.

Regulation .02 Application to Public and Private Programs.Copy Citation

A.
In General. Except as otherwise expressly provided, this title and all standards in this title apply to all facilities and other programs, including those provided by or purchased from the private sector.
B.
Compliance Required. All programs, public or private, and their employees shall comply with all rules, regulations, codes of conduct, standards, and procedures contained in or adopted under this title.
C.
Monitoring Activities. Monitoring activities by the Department or, to the extent of their jurisdiction, by juvenile justice monitors apply to all facilities and other programs, including those provided by or purchased from the private sector.

Regulation .03 Private-Sector Residential Facilities.Copy Citation

A.
Additional Requirements. Private-sector residential programs shall also conform, as applicable, to COMAR 14.31.05—COMAR 14.31.07.
B.
Rule of Construction. To the extent any provision of this title, as applied to private-sector providers, is inconsistent with any provision of a regulation listed in §A of this regulation, the latter prevails.

Regulation .04 Role of Outside Agencies.Copy Citation

A.
Delineation Required. The role and function of any public or private agency providing services to the Department or to any youth under the jurisdiction of the Department shall be delineated in a written directive, contract, or memorandum of understanding that specifies the agency's responsibilities and relation to the Department and its program managers.
B.
Annual Review. Each directive, contract, or memorandum of understanding shall be reviewed annually and updated as needed.

Chapter 03. Adoption, Amendment, or Repeal of Regulations

Regulation .01 In General.Copy Citation

A.
Authority of Department. The Department may adopt, amend, or repeal regulations, on a regular or an emergency basis, as prescribed by the Administrative Procedure Act.
B.
Notice and Opportunity for Comment. The Department shall:
(1)
Provide public notice of the proposed adoption, amendment, or repeal; and
(2)
Afford interested persons an opportunity to submit written data, views, or argument.
C.
Hearing. The Department may hold a hearing on the proposed adoption, amendment, or repeal and afford interested persons the opportunity to:
(1)
Submit evidence; and
(2)
Make oral argument.

Regulation .02 Petition—Authorized.Copy Citation

Any interested person may petition the Department for the adoption, amendment, or repeal of any regulation.

Regulation .03 Petition—Form and Contents.Copy Citation

A.
Form. The petition shall be:
(1)
In writing; and
(2)
Filed with the Secretary.
B.
Contents. The petition shall contain:
(1)
The petitioner's name, address, and telephone number;
(2)
The proposed regulation change; and
(3)
A brief statement of the reasons for the proposed change.

Regulation .04 Petition—Action by Secretary.Copy Citation

A.
Notice of Receipt. On receipt of a petition, the Secretary shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B.
Consideration and Disposition. Within 60 days after the petition is submitted, the Secretary shall:
(1)
Consider the petition; and
(2)
Either:
(a)
Deny the petition and notify the petitioner in writing of the reasons for the denial; or
(b)
Initiate the procedures for adopting, amending, or repealing the regulation, and notify the petitioner in writing of this action.

Chapter 04. Petition for Declaratory Ruling

Regulation .01 Petition Authorized.Copy Citation

Any interested person may petition the Department for a declaratory ruling on the manner in which the Department would apply any of the following to a person or property on the facts set forth in the petition:
A.
A regulation of the Department;
B.
An order of the Department; or
C.
A law that the Department enforces.

Regulation .02 Form, Contents, and Verification.Copy Citation

A.
Form. The petition shall be:
(1)
In writing; and
(2)
Filed with the Secretary.
B.
Contents. The petition shall:
(1)
Contain the petitioner's name, address, and telephone number;
(2)
Contain a detailed statement of the facts underlying the questioned applicability of the stated regulation, order, or law; and
(3)
Pose the question of whether or in what manner the stated regulation, order, or law applies to the facts contained in the petition.
C.
Verification. The petition shall also contain a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of the petitioner's knowledge, information, and belief.

Regulation .03 Action by Secretary.Copy Citation

A.
Notice of Receipt. On receipt of a petition, the Secretary shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B.
Consideration and Disposition. Within 60 days after the petition is submitted, the Secretary shall:
(1)
Consider the petition; and
(2)
Either:
(a)
Issue a written declaratory ruling as requested; or
(b)
Notify the petitioner in writing of the reasons for not issuing a declaratory ruling.

Regulation .04 Effect of Ruling.Copy Citation

If the Secretary issues a declaratory ruling, that ruling binds the Department and the petitioner on the facts set forth in the petition.

Regulation .05 Judicial Review.Copy Citation

A declaratory ruling issued under this chapter is subject to judicial review in the same manner that State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, provides for review of a contested case.