# COMAR Title 16 — Department of Juvenile Services

## Subtitle 05 — Program Administration

### Chapter 01 — General

**Authority:** Human Services Article, §§9-204, 9-227, 9-234, and 9-237, Annotated Code of Maryland

**Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067)

#### Regulation .01 Program Manager.

*COMAR 16.05.01.01*

A. Required. Each facility and other program shall have:

  (1) A program manager; and

  (2) A duty officer, designated by the program manager to act in the program manager's absence.

B. Accountability.

  (1) The program manager is accountable to the Secretary for all aspects of the program's management.

  (2) For a facility or other program operated by a private-sector provider, the nature and scope of this accountability shall be specified in the contract between the Department and the provider.

#### Regulation .02 Program Description.

*COMAR 16.05.01.02*

A. General.

  (1) Each facility and other program shall develop and maintain a written document that describes the program.

  (2) The document shall include an organizational chart that groups similar functions, services, and activities into administrative subunits.

B. Annual Review. The document shall be reviewed annually and updated as needed.

#### Regulation .03 Staffing Plan.

*COMAR 16.05.01.03*

A. In General. Each facility and other program shall maintain a staffing plan that, in accordance with Departmental requirements, provides a safe, humane, and caring environment.

B. Annual Review. The staffing plan shall be reviewed annually and updated as needed.

#### Regulation .04 Program Manual.

*COMAR 16.05.01.04*

A. Required. Each facility and other program shall develop and maintain a manual of standard operating procedures.

B. Contents. The manual shall include a current copy of:

  (1) The regulations contained in this Title 16; and

  (2) All additional rules, codes of conduct, standards, policies, and procedures adopted by or for the program, consistent with law and these regulations, for its operations and maintenance.

#### Regulation .05 Fiscal Management.

*COMAR 16.05.01.05*

A. Manager's Responsibilities. A program manager shall:

  (1) Recommend the program's operating budget in accordance with State and Departmental policies and practices;

  (2) Assure that the program's expenditures are within its approved budget; and

  (3) Prepare budget expenditure management reports, as required by the Secretary.

B. Fiscal Record Keeping. All fiscal records shall be kept in accordance with State and Departmental policy.

### Chapter 02 — Personnel Qualifications and Recruitment

**Authority:** Human Services Article, §§9-204, 9-227, and 9-237; Correctional Services Article §8-201 et seq.; Annotated Code of Maryland

**Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067)

#### Regulation .01 Direct-Care Staff and Specialists.

*COMAR 16.05.02.01*

A. Definitions.

  (1) In this regulation, the following terms have the meaning indicated.

  (2) Specialist.

    (a) “Specialist” means an employee assigned to a program to provide services of the sort that require specialized or advanced training in a specific field of study.

    (b) “Specialist” includes:

      (i) An addictions counselor;

      (ii) A case manager;

      (iii) A dentist;

      (iv) A dietitian;

      (v) A nurse;

      (vi) A physician;

      (vii) A psychiatrist;

      (viii) A psychologist;

      (ix) A recreation supervisor;

      (x) A social worker; and

      (xi) A teacher.

B. Qualifications. All direct-care staff and all specialists shall:

  (1) Demonstrate the potential for working with youth in program settings, as reflected by academic qualifications, personal experience, or a combination of both; and

  (2) Meet the minimum qualifications, as applicable, set by:

    (a) The Department of Budget and Management;

    (b) The Maryland Correctional Training Commission; and

    (c) Applicable law and regulation.

#### Regulation .02 Short-Term Contracts.

*COMAR 16.05.02.02*

The Department shall minimize the use of short-term employment contracts and shall encourage its private-sector providers to do likewise.

### Chapter 03 — Training and Staff Development

**Authority:** Human Services Article, §§9-204, 9-227, and 9-237; Correctional Services Article §8-201 et seq.; Annotated Code of Maryland

**Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067)

#### Regulation .01 In General.

*COMAR 16.05.03.01*

All program staff shall be trained according to the standards set for the applicable position by the Maryland Correctional Training Commission under Correctional Services Article, §8-208, Annotated Code of Maryland.

#### Regulation .02 Continuing Education.

*COMAR 16.05.03.02*

In addition to complying with the training standards set by the Maryland Correctional Training Commission:

A. Program staff may participate in courses of study approved by the Department's Office of Professional Development; and

B. The Department shall encourage private-sector providers to offer continuing educational opportunities for their employees to enhance their professional development.

#### Regulation .03 Program Manual.

*COMAR 16.05.03.03*

A. Employee Access. Each program shall make its manual of standard operating procedures accessible to all employees.

B. Training. All employees shall be trained in and be familiar with all of the manual's requirements, protocols, and procedures that affect their work.

#### Regulation .04 Monitoring.

*COMAR 16.05.03.04*

A. Program to Designate Monitor. Each facility and other program shall designate an employee to monitor and keep records on staff compliance with training and education requirements.

B. Monitor's Duties. This employee shall notify the Program Manager of any employee whose training or continuing education is not up-to-date or whose credentials have expired.

### Chapter 04 — Code of Conduct

**Authority:** Human Services Article, §9-207, Annotated Code of Maryland

**Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067)

#### Regulation .01 Departmental Code.

*COMAR 16.05.04.01*

The Secretary shall adopt and enforce a code of conduct for personnel of the Department.

#### Regulation .02 Vendor Codes.

*COMAR 16.05.04.02*

A. In General. Every private vendor or other person providing services to the Department shall adopt and enforce, as a condition of its contract, grant, or other arrangement with the Department, a code of conduct that is substantially similar to the one adopted by the Secretary under Regulation .01 of this chapter.

B. Approval by Secretary. The code of conduct shall be submitted to and approved by the Secretary before the contract, grant, or other arrangement with the Department becomes effective.

#### Regulation .03 Employee Compliance.

*COMAR 16.05.04.03*

Each employee of the Department and of any public or private program shall:

A. Comply with the code of conduct applicable to the employee; and

B. As a condition of initial employment, acknowledge in writing that the employee has read and understands the code of conduct.
