# COMAR Title 16 — Department of Juvenile Services ## Subtitle 16 — Field Services ### Chapter 01 — Probation and Aftercare Services and Procedures **Authority:** Human Services Article, §§9-204, 9-216, and 9-241, Annotated Code of Maryland **Administrative History:** Effective date: March 10, 1986 (13:5 Md. R. 544) **Administrative History:** Chapter recodified from COMAR 10.25.09 to COMAR 14.22.09 **Administrative History:** Chapter recodified from COMAR 14.22.09 to COMAR 16.03.01 **Administrative History:** Chapter recodified from COMAR 16.03.01 to COMAR 16.16.01 in June, 2007 **Administrative History:** Regulation .03 amended effective March 22, 2021 (48:6 Md. R. 239) #### Regulation .01 Purpose. *COMAR 16.16.01.01* The purpose of these regulations is to establish, define, and control the standard of services and activities to be used in the administration of probation and aftercare procedures available throughout the Department of Juvenile Services. #### Regulation .02 Definitions. *COMAR 16.16.01.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Adjudicatory hearing” means a hearing to determine whether the allegations in the petition, other than allegations that the child requires the court's assistance, treatment, guidance or rehabilitation, are true. (2) “Aftercare” means that service which is begun by a Department of Juvenile Services counselor at the time a child is committed to a Department of Juvenile Services institution. The commitment is court ordered and shall be terminated by the court. Institutional home visits are made by an aftercare counselor during the period of commitment and supervision following release until the case is terminated. (3) “Arraignment hearing” means a court hearing at which charges are read and explained to the child and the child is advised of the child's right to legal representation. (4) “Child” means a person under 18 years old. (5) “Commit” means to transfer legal custody. (6) “Court” means the circuit court of a county or Baltimore City sitting as the juvenile court. In Montgomery County, it means the District Court sitting as the juvenile court. (7) “Courtesy supervision” means case supervision accepted as a result of intrastate or interstate transfer of supervision. (8) “Custodian” means a person or agency, other than the child's parents or legal guardian, to whom legal custody has been awarded by court order. (9) “Delinquent act” means an act which would be a crime if committed by an adult. (10) “Detention” means the temporary care of children placed in physically restricting facilities, for the protection of themselves or the community, while the court determines individual disposition. (11) “Disposition hearing” means a court hearing to determine the: (a) Child's need for assistance, guidance, treatment, or rehabilitation; and (b) Nature and extent to which this assistance, guidance, treatment, or rehabilitation is offered. (12) “Foster care” means the court-ordered placement of children in approved foster care homes with appropriate supportive services provided as required. (13) “Individualized service plan” means the written plan which identifies the needs of the child under supervision and establishes objectives for meeting those needs. (14) “Institution” means those Department of Juvenile Services facilities where children are held for the purposes of secure detention or commitment. (15) “Interstate Compact on Juveniles” means that multistate agreement provided for in Human Services Article, §9-301 et sec., Annotated Code of Maryland. (16) “Juvenile counselor” means the person assigned to the court by the Department of Juvenile Services to provide probation and aftercare services. (17) “Juvenile counselor supervisor” means those Department of Juvenile Services persons exercising line supervision over juvenile counselors. For the purpose of this document, whenever juvenile counselor supervisor is used it also means that person's designee who may exercise supervision in the supervisor's absence. (18) “Maryland Automated Statewide Support and Information System Tools (ASSIST)” is a tracking data base used for all children referred to the Department of Juvenile Services. (19) “Orientation process” means those introductory instructions to children who have been placed under supervision by the court and placed in someone's care and custody, or both. (20) “Petition” is a formal application for a hearing before the juvenile court, filed pursuant to the Courts and Judicial Proceedings Article, §3-8A-13, Annotated Code of Maryland. (21) “Placement” means any living arrangement for a child away from the custody of the child's parents or legal guardian. (22) “Placement review team” means those persons designated by the regional administrator to review and approve decisions, or both, on the use of funds for purchase of care or services. (23) “Probation” means the legal status created by a court order under which an adjudicated delinquent is subject to specified conditions of the court or Department of Juvenile Services. (24) “Purchase of Care” means that program of the Department of Juvenile Services when the children are placed in approved foster care or licensed residential child care facilities and funds are provided by the Department, parents, or public or private resources. (25) “Purchase of Service” means that program of the Department of Juvenile Services when nonresidential services are provided to adjudicated delinquent children. (26) “Regional administrator” means those Department of Juvenile Services personnel responsible for directing and administering all or some phases of court, community, and institutional services including probation and aftercare, in their assigned areas of the State. For the purposes of this chapter, whenever the term regional administrator is used it also means that person's designee who may exercise like responsibilities in the administrator's absence. (27) “Resource consultant” means that Department of Juvenile Services employee who is responsible for managing the Purchase of Care and Purchase of Services Programs in certain geographical areas of the State. Resource consultants are assigned by the regional administrator. (28) “Revocation” means that procedure related to violations of probation or aftercare when a modification of a court order is requested as provided for in the Maryland Rules of Procedure, Juvenile Causes, Rule 11-116, Annotated Code of Maryland. (29) “Shelter care” means the temporary care of children in physically unrestricting facilities. (30) “Social history investigation” means the court-ordered study of the child, the family, the environment, and other matters relevant to the disposition of the case as provided for in the Courts and Judicial Proceedings Article, §3-8A-17, Annotated Code of Maryland. (31) “Termination” means those court proceedings, initiated to complete supervision over a child as found in the Maryland Rules of Procedure, Juvenile Causes, Rule 11-120, Annotated Code of Maryland. (32) “Transfer of jurisdiction (proceedings)” means those proceedings and case records accompanying the transfer to the child's county of residence as provided for in Courts and Judicial Proceedings Article, §3-8A-06, Annotated Code of Maryland. (33) “Waiver investigation” means that investigation initiated by a petition in which the court may order the Department of Juvenile Services to furnish a report at the waiver hearing as provided for in the Maryland Rules of Procedure, Juvenile Causes, Rule 913(b), Annotated Code of Maryland. #### Regulation .03 Court Services Provided by the Department of Juvenile Services. *COMAR 16.16.01.03* A. Social History Investigation. (1) A social history investigation ordered by the court consists of a complete documentation concerning the child, the child's family, the child's environment, and other matters relevant to the disposition of the case. (2) The case manager shall: (a) Interview the child/family to gather information, including a check of the child’s record in the appropriate Departmental database, and if information from other sources is required, obtain signed consent forms; (b) Explain the following to the child and those family members participating: (i) Purpose of investigation; (ii) Legal basis for gathering information; (iii) Confidentiality of the report; (iv) Scope of information to be gathered; (v) Who will receive and have access to the report; (vi) Role of other staff who may be involved in completion of the report; (vii) Interventions and treatment options available to the court; (c) Prepare a social history and recommendations based on the interview record and any other available information; (d) Secure approval signature for the social history investigation from the case manager supervisor; (e) Submit social history investigation to the court at least 2 working days before disposition; and (f) Complete the investigation section on the appropriate Departmental database. B. Arraignment Hearing. An arraignment hearing is the court hearing at which the charges are read and explained to the child. At this time the child is also advised of the child's right to legal representation. C. Waiver and Transfer Investigation Hearings and Reports. (1) The purpose of waiver and transfer hearings is to determine whether the juvenile or criminal court will have jurisdiction in a given case. (2) The reports are factual in nature and do not call for conclusions from the case manager. (3) The case manager shall: (a) Gather information, including a check of appropriate Departmental databases, to address the waiver and transfer criteria as provided for in Courts and Judicial Proceedings Article, §3-8A-06, Annotated Code of Maryland, and Criminal Procedure Article, §4-202, Annotated Code of Maryland, respectively, and consistent with the requirements of Courts and Judicial Proceedings, §3-8A-17, Annotated Code of Maryland, in waiver cases, and Criminal Procedure Article, §4-202(e), Annotated Code of Maryland, in transfer cases; (b) Proceed as specified in §A(2)(d) and (f) of this regulation; (c) If the case is sent to the criminal system, terminate the case, or continue supervision in accordance with court requirements; and (d) If the case is transferred to or remains in the juvenile system, deliver the case for assignment. D. Disposition Hearing. (1) A disposition hearing determines whether the child requires the court's assistance, guidance, treatment, or rehabilitation, and, if so, the nature of the assistance, guidance, treatment, or rehabilitation. (2) If the child is to be supervised by the Department of Juvenile Services, personnel of that administration shall ensure that appropriate information is communicated for assignment purposes and, if possible, that the family is advised as to the next contact. (3) The case manager shall complete the disposition section on the appropriate Departmental database. #### Regulation .04 Orientation Process. *COMAR 16.16.01.04* Department of Juvenile Services employees shall receive, review, and assign cases to the juvenile counselor, who shall: A. Open the case and complete the orientation process within 2 weeks of the date of disposition or within 2 weeks of the receipt of the court order. B. Meet with the child and family (parent), guardian, or custodian as part of the orientation. C. Schedule a second appointment if the child and family fail to appear for the first scheduled appointment. D. Consult with the juvenile counselor supervisor, if the child and family fail to appear again, to plan the next steps, such as: (1) Sending a registered letter; (2) Scheduling a home visit; and (3) Advising the court. E. Provide verbal and written instructions to child and family, which include: (1) The juvenile counselor's name and office phone number; (2) Explanation of probation, supervision, and placement; (3) Review of court-ordered conditions, including restitution; (4) Discussion of any other conditions; (5) Projection of anticipated length of supervision; (6) Clarification of the status necessary for termination of supervision; (7) Information regarding the location, time, and frequency of appointments; (8) Information concerning the potential consequences of failure to comply with conditions of supervision; and (9) Name and office number of the juvenile counselor's immediate supervisor. F. Answer any questions the child/family may have about supervision. G. Complete, sign, and date the orientation form. H. Obtain the child's/family's signatures on the orientation form. If the child or family refuse to sign, document on the form the refusal and reasons, if known. I. Distribute copies of the form to the child/family and the case file and transfer the case if it is to go to another juvenile counselor. J. Complete the supervision section on the appropriate MAJIS form. #### Regulation .05 Individualized Service Plan—Probation. *COMAR 16.16.01.05* A. Individualized Service Plan. (1) This is a written plan which identifies the needs of the child under supervision and establishes objectives for meeting those needs. (2) In order to accomplish the goals of the plan in §A(1) of this regulation, the juvenile counselor shall: (a) Develop a written individualized service plan for each child on active supervision within 30 days upon the receipt of the court order. (b) Assess and review total case information, such as court ordered conditions and the findings and recommendations of social, educational, and evaluative material, if applicable. (c) Gather the necessary background information to develop the individualized service plan if a social history has not been completed. (d) Obtain a signed release from the child/family to procure any additional information. (e) Meet with the child/family to identify needs including: (i) The child's/family's intrapersonal development, especially as this pertains to their ability to assess their situation, engage in a process of problem solving, and plan for the future; (ii) The child's/family's interpersonal development, especially as this pertains to their ability to function adequately within socially prescribed roles, to relate to others in an acceptable manner, and to communicate effectively with others; (iii) The child's educational/vocational development, particularly as this pertains to the child's ability to function within age-appropriate school/work environments and to work towards meeting future educational/vocational goals; and (iv) Any other needs including emotional, intellectual, social, medical, financial, etc., particularly as these pertain to the child's/family's ability to function adequately in their community. (f) Evaluate the child's/family's serviceable unmet needs which can be addressed with resources available. (g) With the child/family, establish service goals along with the time frames and the responsibilities of each party. These goals shall be: (i) Specific and attainable; (ii) Include both short-term and long-term objectives. (h) List on the individualized service plan the service goals, steps, time frames, and responsibilities as well as court-ordered or other special conditions. #### Regulation .06 Levels of Supervision. *COMAR 16.16.01.06* A. Level Determinations. The juvenile counselor and supervisor shall assess the individualized service plan. The assessment shall determine which level of supervision is to be provided in the case. B. Levels of Supervision. (1) Intensive Supervision. Intensive supervision consists of at least two planned monthly face-to-face contacts with the child, designed primarily to intensively supervise/monitor the child's/family's status regarding conditions and progress towards service goals. In considering whether a child shall receive intensive supervision the juvenile counselor and juvenile counselor supervisor shall consider the: (a) Seriousness of the offense; (b) Severity and chronicity of the problem behavior and its underlying causes, as determined by relevant data; (c) Degree of risk or reoccurrence of the problem behavior the child presents to himself and to the community; and (d) Nature of other services being provided to the child. (2) Supervision. Supervision consists of at least one planned monthly face-to-face contact with the child, designed primarily to monitor/supervise the child's/family's status regarding conditions and progress towards service goals. In considering whether a child shall receive supervision the juvenile counselor and juvenile counselor supervisor shall proceed as specified in §B(1)(a)—(d) of this regulation. (3) Honor supervision consists of at least one planned monthly contact, not necessarily face-to-face. This level of supervision may be appropriate for children previously receiving more intensive service or supervision, and who are now nearing termination. Some children may need this type of supervision when placed on probation resulting from an isolated incident. (4) Error activated supervision (E.A.S.) requires no active supervision by the juvenile counselor. In each case selected for E.A.S. the child, the child's custodians, and any relevant service provider shall be made fully aware of their responsibility to alert the juvenile counselor of the need to activate supervision if the child needs assistance. The following apply: (a) E.A.S. may be appropriate if primary services are provided regularly and intensively by other resources, such as out-of-State placements; (b) In cases when all goals have been met except for final payment of restitution, courtesy supervision, or interstate compact cases, E.A.S. shall be used. (5) Placement/Institutional Supervision. (a) Placement/institutional supervision consists of two possible supervision arrangements when the child is: (i) Placed in a licensed or approved community-based residential placement; or (ii) Committed by the juvenile court to a Department of Juvenile Services institution. (b) Placement supervision by the juvenile counselor consists of regular and timely, but at least quarterly, contact as agreed upon by the juvenile counselor and the placement. It is designed to: (i) Monitor/supervise the child's progress and care; (ii) Evaluate the status of the child regarding conditions and progress toward service goals; (iii) Coordinate the services delivered to the child and family; and (iv) Work towards the eventual return of the child to the child's family or community. (c) Institutional supervision by the aftercare counselor of the Department of Juvenile Services consists of at least monthly face-to-face contact with each child, monthly contact with parents/family and attendance at the child's periodic case reviews. It is designed to: (i) Build a relationship with the child and family; (ii) Evaluate status of the parents' ability to reintegrate the child into the family when released and provide services aimed at achieving reintegration; (iii) Develop an alternative living situation if the child is not able to return home either temporarily or permanently; and (iv) Provide information to the institutional juvenile counselor relative to the child's family and community. (6) Detention Reassessment. If, during the period a child is on probation or aftercare, the child is placed in detention for a subsequent offense or violation, and if the detention is more than 5 days, the juvenile counselor shall reassess the child's level of supervision. This may require a face-to-face contact with the child, or contact with the child's family, or both. #### Regulation .07 Implementation of the Individualized Service Plan. *COMAR 16.16.01.07* A. To implement the individualized service plan the juvenile counselor shall: (1) Notify the child/family of the anticipated frequency of planned contact, verbally and in writing on the individualized service plan. (2) Sign the individualized service plan and secure the child's/family's signature. If the child or family refuse to sign, document on the form the refusal and reasons, if known. (3) Distribute the individualized service plan to the child, family, and the case file. (4) Set time frames for planned reassessment of the individualized service plan. B. The juvenile counselor supervisor shall: (1) Review the case folders for children supervised by juvenile counselors on at least a quarterly basis; (2) Determine that completed and signed individualized service plans (including relevant ASSIST forms) are in the folders of each child on active supervision; (3) Insure the completion of initial individualized service plans within 30 days of disposition or within 30 days upon the receipt of the court order. #### Regulation .08 Reassessment of the Individualized Service Plan. *COMAR 16.16.01.08* A. Planned Reassessment. (1) The juvenile counselor shall reassess the individualized service plan of each child on active supervision at intervals of not longer than 90 days. The planned reassessment process shall evaluate the: (a) Effectiveness of service delivery; (b) Appropriateness of the service goals; (c) Child's adherence to court-ordered conditions; and (d) Child's progress towards service goals. (2) Those present at the reassessment should include: (a) The probation/aftercare counselor; (b) The child; (c) The child's parents (if possible); (d) Representatives of a placement facility for children in private placement, if applicable; and (e) Any other relevant service providers, if applicable. (3) The juvenile counselor shall: (a) Review with those present the child's situation at the time of the development of the initial individualized service plan; (b) Elicit and record information about the child's current status regarding each condition/goal of the individualized service plan; (c) Record an assessment of the child's current status as well as progress and problem areas; (d) Identify changes in the child's/family's needs; (e) Identify services/resources available to meet serviceable unmet needs; (f) Rate and record the child's overall adjustment and progress as: (i) Unsatisfactory, (ii) Poor, (iii) Fair, (iv) Good, or (v) Superior; (g) Consider and modify the individualized service plan as appropriate to the child's current status; (h) Notify the child/family verbally and in writing of any changes in the individualized service plan; (i) With the juvenile counselor supervisor, reconsider the category of direct services to be provided to the child; (j) Notify the child/family, verbally and in writing, of the next frequency of planned contact and the time frame for the next planned reassessment; and (k) Secure the child's/family's signature on and distribute and file the completed reassessment document. If the child/family refuse to sign, document the refusal and reasons, if known, on the form. B. Court Hearing to Provide Additional Resources. (1) A court hearing becomes necessary when unmet needs of the child/family cannot be provided with available resources or by modification of the individualized service plan. (2) The juvenile counselor shall: (a) Secure the approval of the juvenile counselor supervisor; (b) Proceed with a request for further hearing; (c) Prepare and submit documents necessary to request a further hearing; (d) Prepare and submit a memorandum to the court authority, including: (i) Facts of the original order, (ii) Changes in the child's status or problem areas necessitating court review, (iii) A description of the child's and family's view of the current situation, (iv) The juvenile counselor's recommendations; (e) Notify the child/family of a request for a further hearing; (f) Appear in court with child and family; (g) Present to the court recommendations including: (i) The current status of the case, (ii) Problems or changes in service needs which necessitated the court review, and (iii) A plan for placement if this is recommended; (h) Record findings of the court in the child's file, placing a copy of the court order in the file upon receipt; and (i) Meet with the child/family immediately following the hearing to review the results, and proceed to modify the individualized service plan as indicated. C. Unplanned Reassessment. (1) When there are emergencies in the situation of the child/family which necessitate immediate changes in the individualized service plan, the juvenile counselor shall conduct an unplanned reassessment of the individualized service plan. (2) Whenever possible, those present shall include the child, the child's parent or parents and any other relevant service provider. If these people are not available efforts shall be made to consult them. (3) After consultation with the juvenile counselor supervisor, the juvenile counselor shall develop an implementation schedule for the unplanned reassessment or for revocation. D. Revocation of Probation/Aftercare. (1) Review. (a) The juvenile counselor shall review with the juvenile counselor supervisor the status of the child's case regarding the conditions of probation/aftercare and the possible need for revocation. (b) This review shall include a discussion of what alternatives the juvenile counselor has attempted with the child to resolve the problem, short of revocation, and the outcome of those attempts, as well as any untried alternatives which may yet be implemented. (2) The juvenile counselor and juvenile counselor supervisor shall also assess the degree of threat to the public safety to determine if detention or shelter care should be used. (3) If the juvenile counselor and the juvenile counselor supervisor determine that the child needs to be detained, the juvenile counselor shall advise the court and file the necessary documents to initiate detention according to court requirements. (4) When approval of the juvenile counselor supervisor is received the juvenile counselor shall: (a) Prepare necessary documents to initiate the revocation hearing; (b) Secure the juvenile counselor supervisor's initials on the revocation petition; (c) Appear in court with the child and family on the hearing date; (d) Present testimony during the hearing to substantiate the allegations of violations of probation and the recommendations for further action; (e) Record findings of the court in the child's file, placing a copy of court findings and orders, or both, in the file upon receipt; (f) Meet with the child/family as soon as possible after the hearing but at least within 2 weeks to review results; (g) Update the individualized service plan according to the reassessment, if the court has modified the court order placement; (h) Proceed with placement procedures, if the court has ordered a commitment for placement; (i) Proceed with institutionalization procedures if the court has committed the child to an institution; and (j) Complete the appropriate ASSIST form based on final reassessment determination. (5) If there are unavoidable emergencies, the juvenile counselor supervisor shall appear on the juvenile counselor's behalf. #### Regulation .09 Purchase of Services. *COMAR 16.16.01.09* A. The placement review team shall assess the need for specialized services through the use of the individualized service plan. B. If the placement review team decides to use Purchase of Service Funds, the juvenile counselor shall: (1) Review the following data, which include: (a) The family's financial resources, (b) Insurance benefits to which the child might be entitled, (c) Any public or private resources which might be available to help provide the service; (2) Determine an appropriate professional currently under contract to Juvenile Services to provide the service with the resource consultant; (3) Make the referral by sending the required materials to the vendor; (4) Give a copy of the court order to the resource consultant; and (5) Supply adjunct case services and supervision as required, in conjunction with the service being directly provided by the vendor. C. Termination of Service. (1) When service is terminated, the juvenile counselor shall advise the resource consultant of the termination date. (2) The juvenile counselor shall be responsible for completing the treatment program/services section on the appropriate ASSIST form. #### Regulation .10 Purchase of Care. *COMAR 16.16.01.10* A. Decisions to use these funds are to be made by the placement review team. When Purchase of Care is approved the team shall assess the need for placement through the use of the individualized service plan by: (1) Reviewing and considering possible vendors; (2) Determining the appropriate use of funds. B. When Purchase of Care is approved by the team, the juvenile counsel shall: (1) Review financial resources of the family; (2) Review insurance benefits to which the child might be entitled; (3) Review any public or private resources which might be available to help provide the service; (4) Complete the appropriate residential care application/referral and make copies of the social and evaluation material; (5) Make placement referrals to those facilities which have been recommended by the placement review team by sending the residential care application/referral, along with any accompanying material which might be required, directly to the residential facility; (6) Cooperate with any preplacement process which might be required by the interested facility; (7) Provide supportive help to the child and family during the application process; (8) Notify the resource consultant of the facility in which placement is to be made and the projected date the placement is to be effected; (9) Arrange for any court action, hearings, or orders which might be required in connection with the proposed placement; (10) Prepare child and family for the placement experience; (11) Effect placement on the determined date; (12) Forward copy of the court order for care and custody to the resource consultant; (13) Be responsible for completion of the treatment program/services section on the appropriate ASSIST form; and (14) Provide adjunct case services and supportive services during the course of placement. C. Termination of Care. The juvenile counselor shall: (1) Notify the resource consultant of the termination date and arrange for any necessary change in a court order; and (2) Provide appropriate follow-up services to the child and the family according to the individualized service plan reassessment completed as a result of the child's return home. #### Regulation .11 Recommending Institutionalization. *COMAR 16.16.01.11* A. The criteria to be used by the juvenile counselor and the juvenile counselor supervisor in recommending institutionalization for a particular child are the: (1) Nature of the child's act or violation; (2) Severity of the offense; (3) Chronicity of the behavior; (4) Impact of the act on the victim/community; and (5) Child's amenability to treatment. B. Also to be considered in the final determination are the: (1) Availability and appropriateness of other resources; (2) Previous treatment attempted and the final results of this treatment; and (3) Availability of less restrictive forms of intervention which would be consistent with the public safety. #### Regulation .12 Individualized Service Plan—Institution. *COMAR 16.16.01.12* A. Time Frame. The individualized service plan shall be: (1) Developed by the institutional juvenile counselor; and (2) Done in conjunction with the aftercare counselor within 30 days of the child's commitment. B. The aftercare counselor's immediate responsibility is to assist in the development of the individualized service plan. The aftercare counselor shall: (1) Immediately alert the institution by telephoning the Social Services/Tour office to advise them of a child's special medical needs, for example diabetes, seizures, suicidal risk, bed-wetting, etc.; (2) Within 2 working days of commitment, forward all pertinent social and evaluative material including the: (a) Relevant ASSIST forms, (b) Most recent individualized service plan, (c) Medical consent form, and (d) Face sheet; (3) Forward the material listed in §B(2) of this regulation if it did not accompany the child to the institution. C. Institutional Juvenile Counselor's Responsibility. The juvenile counselor shall: (1) Make a prompt assessment and total review of case information including: (a) Prior court-ordered dispositions, if any, and the findings and recommendations of social, educational, and evaluative material, if applicable; and (b) Contacting the aftercare counselor for clarification or additional information as needed. (2) Meet with the child or family, or both, to identify needs including the child's: (a) Family intrapersonal development, especially pertaining to their ability to: (i) Assess their situation; (ii) Engage in the process of problem solving; and (iii) Formulate a plan for the future. (b) Family interpersonal development, especially pertaining to the: (i) Child's ability to function adequately within socially prescribed and acceptable roles; (ii) Ability to relate to others; and (iii) Ability to communicate effectively with others. (c) Educational development, particularly in the areas of the child's ability to: (i) Function within age-appropriate school/work environments; and (ii) Meet future educational/vocational goals. (d) Other needs as they pertain to the child/family ability to function adequately in their community. Among these needs are: (i) Emotional; (ii) Intellectual; (iii) Social; (iv) Medical; and (v) Financial. (3) Develop and write the individualized service plan from the information assessed, the interview with the child, and in conjunction with the aftercare counselor, and have it approved by the immediate supervisor. (4) Evaluate the child's unmet needs which can be addressed with available resources. (5) Set service goals along with time frames and the responsibilities of each party, based on the evaluation, with the child/family and the aftercare counselor. These goals are to: (a) Be specific and attainable; and (b) Include long-term and short-term objectives. (6) List on the individualized service plan the service goals, steps, time frames, and responsibilities. (7) Deliver direct services which may vary based on the child's needs and the individualized service plan. D. Direct Service Role of the Aftercare Counselor. The aftercare counselor shall: (1) Visit the child within 30 days of the commitment to the institution. (2) Meet with the institutionalized child face-to-face at least monthly. (3) Maintain monthly contact with the parent or parents to discuss: (a) The child's progress; (b) Plans for release; and (c) Specifically their role in those plans. (4) Meet with the institutional staff at reviews to reassess and modify the individualized service plan. (5) Evaluate the child's progress toward meeting treatment goals following reviews. When necessary, the aftercare counselor shall use the individualized service plan in conjunction with the institutional juvenile counselor. (6) Recommend a child's release consistent with the reassessment of the individualized service plan in cooperation with the institutional juvenile counselor. (7) Complete the community component of the release referral. (8) Arrange necessary court actions and procedures to effect release of the child. (9) Develop at time of release a new individualized service plan according to reassessment procedures, including the initial level of supervision as follows: (a) Meet with the child at least once per week during the first month after release. At least one meeting is to be a home visit. (b) Reevaluate the level of supervision after the first month. The level shall be maintained at the intensive or supervision level as set forth in Regulation .06B(1) and (2) of this chapter. #### Regulation .13 Transfer Cases. *COMAR 16.16.01.13* A. Interregion Courtesy Supervision. (1) The sending juvenile counselor shall: (a) Discuss the case with the juvenile counselor supervisor as to the appropriateness of the transfer for courtesy supervision; (b) Prepare the case for transfer consistent with procedures outlined in the planned assessment of the individualized service plan; (c) Prepare a summary of adjustment memorandum for courtesy supervision; (d) Complete the disposition and supervision sections on appropriate ASSIST forms; and (e) Review the case record and provide copies of pertinent information, including the original information and the original assignment order and draft cover letter, to all interested parties. (2) The sending juvenile counselor supervisor shall: (a) Review the case record for completeness and accuracy and approve it; and (b) Send the cover letter and all pertinent material to the regional administrator or the regional administrator's designee for approval and transfer to the office of the receiving regional administrator. (3) The receiving juvenile counselor shall: (a) Upon receipt of the case records from the receiving regional administrator, open the case and review the records, individualized service plan, etc.; (b) Send progress reports to the sending juvenile counselor in accordance with the procedures outlined in the planned reassessment of the individualized service plan; (c) Notify the sending juvenile counselor through progress reports when the case is ready for termination; (d) Prepare and forward the summary of adjustment memorandum to the original court through the Department of Juvenile Services recommending case termination; and (e) Complete the disposition and supervision sections on appropriate ASSIST forms. B. Proceedings for the Transfer of Jurisdiction. (1) When jurisdiction has been transferred by an original court of jurisdiction the sending juvenile counselor shall: (a) Prepare a cover letter to be sent to the receiving jurisdiction and enclose copies of any necessary materials; (b) Forward all material to the receiving jurisdiction including any requests/arrangements to assure case coverage during the transfer process; and (c) Complete disposition and supervision sections on appropriate MAJIS forms. (2) The receiving juvenile counselor shall: (a) Proceed with the orientation process which shall be completed within 2 weeks of receipt of the case material; and (b) Complete the disposition and supervision sections on appropriate ASSIST forms. C. Interstate Courtesy Supervision. (1) This supervision is governed by the Interstate Compact on Juveniles, Human Services Article, §9-301 et seq.,Annotated Code of Maryland. (2) The sending juvenile counselor shall: (a) Complete all relevant ASSIST forms as required; (b) Complete all relevant Interstate Compact forms; (c) Forward all material to the receiving jurisdiction including any requests/arrangements to assure case coverage during the transfer process; and (d) Maintain periodic contact with the receiving juvenile counselor to monitor and reassess the individualized service plan. (3) The receiving juvenile counselor shall: (a) Complete all relevant ASSIST forms as required; (b) Complete all relevant Interstate Compact forms; and (c) Abide by conditions or terms imposed by the sending counselor. #### Regulation .14 Case Termination. *COMAR 16.16.01.14* A. Basis for Termination. (1) Termination is usually recommended when the child has: (a) Abided by all the required conditions; (b) Met the service goals; (c) Demonstrated the ability to function in the community without supervision; and (d) Reached the point where continued supervision and services does not produce any additional benefits. (2) When case termination is recommended, the juvenile counselor or aftercare counselor shall: (a) Obtain the approval of the juvenile counselor supervisor to terminate the case; (b) Prepare the necessary reports and documents to request termination by the appropriate court; (c) Submit the case to the court for consideration of termination; and (d) Complete the termination section on the appropriate ASSIST form. (3) If the court denies the request to terminate, the juvenile counselor shall: (a) Discuss the case with the juvenile counselor supervisor concentrating on the court's reason for denial; (b) Develop a new individualized service plan, taking the court's input into consideration; (c) Obtain the approval of the juvenile counselor supervisor for the new individualized service plan; (d) Notify the court of the new individualized service plan; (e) Update the appropriate ASSIST form; and (f) Establish a realistic future date when the case may be resubmitted for termination. (4) On Interstate Compact cases the receiving juvenile counselor shall: (a) Notify the sending juvenile counselor; and (b) Complete the termination section on the appropriate ASSIST form. ### Chapter 02 — Screening and Assessment for Mental Health, Substance Abuse, and Mental Retardation **Authority:** Courts and Judicial Proceedings, §§3-8A-04—3-8A-17.12, Annotated Code of Maryland **Administrative History:** Effective date: June 11, 2001 (28:11 Md. R. 1054) **Administrative History:** Chapter recodified from COMAR 16.03.02 to COMAR 16.16.02 in June, 2007 #### Regulation .01 Scope. *COMAR 16.16.02.01* This chapter governs the requirements for a Department of Juvenile Services intake officer to disseminate information regarding screening and assessment for mental health, substance abuse, and mental retardation. #### Regulation .02 Referral for Screening. *COMAR 16.16.02.02* A. Upon receipt of a complaint concerning a child, and in no event not later than 25 days after receipt of a complaint, an intake officer shall: (1) Discuss with the child and the child's parent or guardian information regarding a screening for: (a) Mental illness; (b) Substance abuse; or (c) Mental retardation; (2) Document the discussion; and (3) Obtain written verification from the child and the child's parent or guardian acknowledging receipt of information regarding screening for: (a) Mental illness; (b) Substance abuse; or (c) Mental retardation. B. Within 15 days after the discussion with the child and the child's parent or guardian, the intake officer shall document whether the child's parent or guardian made an appointment for a screening. #### Regulation .03 Screening and Assessment. *COMAR 16.16.02.03* A. The screening and assessment authorized by this chapter shall be conducted by an individual who: (1) Has been selected by the child's parent or guardian; (2) Has been approved, as appropriate, by the State public mental health system or the child's health insurance carrier, if any; and (3) Is: (a) A qualified health, mental health, or substance abuse professional; or (b) Staff trained by a qualified health, mental health, or substance abuse professional. B. A child may consent to advice, consultation, diagnosis, and treatment as provided in Health-General Article, Title 20, Annotated Code of Maryland. #### Regulation .04 Confidentiality. *COMAR 16.16.02.04* A. Information received by the Department of Juvenile Services or the Maryland Department of Health relating to a specific screening or assessment for mental health, substance abuse, or mental retardation conducted under this chapter is confidential and may not be disclosed to any person. B. Unless otherwise prohibited by law, the Department of Juvenile Services and the Maryland Department of Health may make public non-identifying information concerning screenings or assessments for mental health, substance abuse, or mental retardation. #### Regulation .05 Amendments to Regulations. *COMAR 16.16.02.05* This chapter may not be amended unless the amendment is approved by both the Secretary of Juvenile Services and the Secretary of Health.