# COMAR Title 16 — Department of Juvenile Services

## Subtitle 01 — General Provisions

### Chapter 02 — Scope of Title

**Authority:** Human Services Article, §9-204, Annotated Code of Maryland

**Administrative History:** Effective date: June 18, 2007 (3412 Md. R. 1067)

#### Regulation .01 Department's Role.

*COMAR 16.01.02.01*

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.

*COMAR 16.01.02.02*

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.

*COMAR 16.01.02.03*

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.

*COMAR 16.01.02.04*

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.