Chapter 01. Juvenile Facilities Capital Program
Regulation .01 Scope.LinkCopy Citation
This chapter governs the administration of State grants to counties, municipal corporations, and for-profit and nonprofit organizations for the planning, design, construction, conversion, acquisition, renovation, and equipping of juvenile facilities under the Juvenile Services Facilities Capital Program.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Acquire” means to purchase or otherwise obtain ownership of all or part of a building or other property for use as a juvenile facility.
(2)
“Act” or “Juvenile Services Facilities Capital Program” means Human Services Article, §9-401 et seq., Annotated Code of Maryland.
(3)
“Construct” means to construct a new building or an addition to an existing building for use as a facility.
(4)
“Convert” means to transform all or part of a building or other property for use as a facility.
(5)
“Equip” means to acquire essential fixed or movable equipment and furnishings that have an expected useful life of at least 15 years.
(6)
“Facility” has the meaning stated in Human Services Article, §9-401, Annotated Code of Maryland.
(7)
“Renovate” means to restore, improve, or modernize all or part of an existing or proposed facility and bring it into compliance with federal, State, and local standards, codes, and requirements, so that it may retain or acquire a license to provide treatment or services or to increase the number of youths the facility serves.
(8)
“State grant” means a grant provided under the Act.
Regulation .03 Eligibility to Apply.LinkCopy Citation
A.
Who. To be eligible for a State grant, the applicant shall be:
(1)
A county;
(2)
A municipal corporation;
(3)
A for-profit organization; or
(4)
A nonprofit organization.
B.
For What. An application may be filed for any one or more of the following facility-related projects, including their planning and design:
(1)
Construction;
(2)
Conversion;
(3)
Acquisition;
(4)
Renovation; and
(5)
Equipping.
C.
Accessibility to Mobility Impaired Persons. To be eligible for a State grant under the Act, the applicant shall certify that the facility will be accessible to mobility impaired persons in accordance with all applicable federal and State laws and regulations.
Regulation .04 Application.LinkCopy Citation
A.
In General. An application for a State grant shall be filed with the Secretary in the form the Secretary prescribes.
B.
Compliance with Other Requirements. The applicant shall also comply with all requirements of:
(1)
The Act;
(2)
COMAR 14.24.04; and
(3)
All other applicable State and federal regulations.
C.
Submission to Board of Public Works. If the Secretary approves an application, the Secretary shall submit the application to the Board of Public Works, together with a written report of:
(1)
The Secretary's approval for State funds;
(2)
If the project also involves federal funds, the necessary approvals for those funds; and
(3)
The State Clearinghouse's review and recommendations under COMAR 14.24.04.
Regulation .05 Priority of Awards.LinkCopy Citation
The priority of applicants to be awarded State grants shall be established in accordance with the comprehensive plan adopted by the Secretary under Human Services Article, §9-204, Annotated Code of Maryland.
Regulation .06 Site Acquisition and Renovation.LinkCopy Citation
A.
Site Acquisition Only. If an applicant proposes to acquire a land site on which to construct a facility, the cost of the land is not eligible for State participation.
B.
Site with Improvements—State Funds Only.
(1)
Subject to §B(2) of this regulation, if an applicant proposes to acquire a site with existing improvements and will not be using any federal funds for site acquisition or renovation, total project costs, including costs applicable to the acquisition of the site and existing improvements, are eligible for State participation.
(2)
At least two State-approved appraisers shall determine the value of the site and existing improvements, and State participation shall be limited to the lesser of:
(a)
The average of the approved appraisals; or
(b)
The actual acquisition cost.
C.
Site with Improvements—State and Federal Funds. If an applicant proposes to acquire a site with existing improvements and will be using both State and federal funds for site acquisition and renovation, at least two State-approved appraisers shall determine the portion of the total cost that is applicable to the land site alone. That portion shall be excluded from State participation.
Regulation .07 Completion of Work.LinkCopy Citation
A.
In General. Except as otherwise provided in this regulation, the recipient of a State grant shall complete all of the work for which the grant was authorized:
(1)
In the manner approved by the Secretary; and
(2)
Within 2 years after receiving the State grant for that work.
B.
Extensions or Changes.
(1)
If the grant recipient is unable to complete the work in the manner or within the time required, it shall promptly notify the Secretary.
(2)
For good cause shown, the Secretary may grant a request for a change in the manner of or time for completing the work.
Regulation .08 Insurance Requirements.LinkCopy Citation
Any fire or extended coverage insurance payments for damages or losses shall be applied first to the State's interest in the project.
Regulation .09 Annual Financial Statement.LinkCopy Citation
A.
Statement Required. For each of the next 30 years after the receipt of a State grant under the Act, the facility for which the grant was made shall submit an annual certified financial statement to the Department.
B.
Contents. The statement shall include, for the year covered:
(1)
All personnel employed and all related salaries, remunerations, retainers, and other expenses;
(2)
All other persons rendering services to the facility under contract or otherwise and all related payments, fees, retainers, and other expenses;
(3)
All other expenses of the facility;
(4)
A schedule of rates and fees charged for services provided by the facility and all income derived from those rates and fees;
(5)
All grants, gifts, or endowments received;
(6)
A statement of the days of service rendered to clients;
(7)
A certified profit and loss statement and balance sheet; and
(8)
Any other supplemental information that the Secretary requires.
C.
Verification. The facility shall make its records available to representatives of the Department and its designated agents, such as the Department of Budget and Management or the Office of Legislative Audits, for verification of its annual statements.
Chapter annotations
Authority: Human Services Article, §§9-204 and 9-410, Annotated Code of Maryland
History: Effective date: June 18, 2007 (34:12 Md. R. 1067)