# COMAR Title 16 — Department of Juvenile Services ## Subtitle 17 — Community Nonresidential Services ### Chapter 01 — Youth Services Bureau **Authority:** Human Services Article, §9-233, Annotated Code of Maryland **Administrative History:** Effective date: August 17, 1977 (4:17 Md. R. 1299) **Administrative History:** Chapter recodified from COMAR 10.25.02 to COMAR 14.22.02 **Administrative History:** Chapter recodified from COMAR 14.22.02 to COMAR 16.04.01 **Administrative History:** Preface codified as Regulation .01 Scope and Title VI Compliance codified as Regulation .02 **Administrative History:** Regulations .01—.11 recodified as .03—.13, respectively **Administrative History:** Regulations .01—.13 repealed and new Regulations .01—.06 adopted effective December 6, 1993 (20:24 Md. R. 1865) **Administrative History:** Chapter recodified from COMAR 16.04.01 to COMAR 16.17.01 effective June 18, 2007 (34:12 Md. R 1067) #### Regulation .01 Scope. *COMAR 16.17.01.01* These regulations apply to all youth services bureaus funded by the State. #### Regulation .02 Definitions. *COMAR 16.17.01.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Core services” means only the following: (a) Individual, family, and group counseling; (b) Referral and information services; (c) Crisis intervention including activities relating to youth suicide prevention; (d) Substance abuse assessment and referral services; and (e) Informal counseling. (2) “Department” means the Department of Juvenile Services. (3) “Substance abuse” means alcohol and drug abuse. (4) “Bureau” means a youth services bureau, which is a community-based nonresidential program that is established pursuant to Human Services Article, §9-233, Annotated Code of Maryland. #### Regulation .03 Program Requirements. *COMAR 16.17.01.03* A. General Services. Each bureau shall: (1) Provide all core services and, in accordance with particular community needs, other services; (2) Serve a specific catchment area, in which the bureau shall be located and which may be realigned with approval from the Department; (3) Provide services at convenient hours in a manner which is accessible to the community; (4) Promote community awareness of the bureau's services; and (5) Make use of existing public and private services in their communities by making referrals to those services which are available and appropriate. B. Core Services. (1) Formal Counseling. (a) Individual, family, and group counseling shall be considered formal counseling if counseling sessions are provided on a regularly scheduled basis for more than three sessions. (b) Case files for each formal counseling case shall contain: (i) Intake material; (ii) Progress and session notes; (iii) Service plan; and (iv) Termination summary. (c) Service plans shall be developed for each formal counseling case before the fourth counseling session and shall contain: (i) A problem statement; (ii) Mutually agreed upon treatment goals; (iii) Strategies used by the counselor to meet treatment goals; (iv) Interactions with other parties when necessary to meet treatment goals; and (v) Quarterly updates. (2) Information and Referral Services. (a) Information and referral services shall be provided to the general public or individual clients of the bureau. (b) The bureau shall maintain a list of available community services. The list shall include the name of the referral service, its address, and its telephone number. (c) The bureau shall document its provision of information and referral services. (3) Crisis Intervention. (a) Crisis intervention, including intervention relating to youth suicide prevention, shall be provided to any youth and family in the community. These services are of an emergency nature and shall be provided when the situation demands an immediate response or action by the bureau. (b) The type and number of crisis intervention incidents shall be documented. (4) Substance Abuse Assessment and Referral. (a) Substance abuse assessment and referral services shall be provided by bureau staff who have received substance abuse assessment and referral training from the Office of Education and Training for Addictions Services of the Maryland Department of Health or from any other entity that the Secretary of the Department determines to be qualified to provide substance abuse assessment and referral training. (b) The bureau shall document the number of substance abuse assessments and referrals the bureau provides. (5) Informal Counseling. (a) Individual, family, and group counseling shall be considered informal counseling if the counseling is provided on an irregular basis for three or fewer sessions. (b) The bureau shall document informal counseling occurrences. C. Noncore Services. To the extent that a bureau provides services in addition to core services, the bureau shall identify these services, provide them through the use of appropriately trained staff or volunteers, and document the type and number of the services provided. #### Regulation .04 Monitoring and Evaluation. *COMAR 16.17.01.04* A. Eligibility for State Funding. In order to be eligible for funding from the State, a bureau shall meet the requirements set out in this regulation. B. Bureau Requirements. Each bureau shall: (1) Have a valid organizational structure, including a board of directors or an advisory board; (2) Follow sound personnel practices and maintain complete personnel files that include for each bureau staff member: (a) A job description, (b) A completed criminal background check, (c) Evidence of the staff person's educational credentials and experience, and (d) Annual staff evaluations; (3) Provide insurance coverage, as appropriate for the services provided; (4) Establish and maintain such fiscal control and fund accounting procedures as may be necessary to assure prudent use, proper disbursement, and accurate accounting of funds; (5) Meet the program requirements set out in Regulation .03 of this chapter, the information reporting and confidentiality requirements set out in Regulation .05 of this chapter, and, if the bureau charges its clients a fee for services, the fee requirements set out in Regulation .06 of this chapter; (6) Conduct criminal background checks for all employees and, as required by Department policy, volunteers; (7) Comply with the Department policy on reporting critical incident reports; and (8) Submit to the Department an annual budget at the time the Department specifies. C. Monitoring Generally. The Department may monitor the bureau by: (1) Conducting scheduled and unscheduled site visits; (2) Attending bureau board of directors or advisory board meetings; (3) Inspecting bureau fiscal, client case, and staff and volunteer files; (4) Reviewing bureau policies and procedures; or (5) Meeting with and interviewing bureau staff, volunteers, and clients. D. Compliance and Effectiveness Reports. (1) The Department shall issue reports which: (a) Determine the bureau's compliance or noncompliance with the bureau requirements; and (b) Evaluate annually the bureau's effectiveness. (2) The Department shall provide the bureau with a copy of the compliance and effectiveness reports. (3) If a compliance or effectiveness report indicates that the bureau's performance does not comply with the statute or these regulations, or that the bureau is ineffective, the bureau shall within 15 days of receipt of the report: (a) File with the Department a plan of corrective action which addresses the concerns raised by the report and provides a timetable for compliance; or (b) File with the Secretary or the Secretary's designee a protest of the report or reports, providing in the protest a detailed explanation of why the report of noncompliance or ineffectiveness is unsubstantiated. (4) If a bureau is determined to be ineffective or if a bureau fails to meet these eligibility guidelines for 2 years, the Department shall stop funding the bureau. E. Nonexclusivity. This regulation does not limit the ability of any State or local government or agency that provides funds to a bureau from reviewing the bureau's program for compliance with the terms of the bureau's grant or contract with the State or local government or agency, and from taking any appropriate action. #### Regulation .05 Information Reporting and Confidentiality. *COMAR 16.17.01.05* A. Information Reporting to the Department. (1) For each Department client on informal supervision, protective supervision, probation, or aftercare status who is referred by the Department to the bureau, the bureau shall allow the Department access to the client's information and shall provide the Department confirmation of the acceptance of the client by the bureau. The bureau shall keep the Department informed at reasonable intervals to be determined by the Department of the client's attendance and cooperation in the bureau program. (2) For all formal counseling cases, excluding those clients referred by the Department, the bureau shall provide the Department with the first three initials of the client's surname, the initials of the client's first and middle names, and the client's date of birth. The bureau shall inform their formal counseling cases that the information in this subsection shall be provided to the Department. (3) The bureau shall obtain an appropriate release of information to comply with §A(1) and (2) of this regulation. (4) For all bureau clients not covered by §A(1) or (2) of this regulation, the bureau shall provide non-client-identifying information, as requested, regarding program activities and statistics in the form and format approved or provided by the Department. B. Confidentiality of Records. (1) Bureau case records shall be stored inside a locked file cabinet. The case records shall be supervised and controlled directly by an authorized bureau staff member. (2) A bureau shall allow the Department full access to client-identifying records and files of those youth described in §A(1) of this regulation. (3) Unless otherwise provided by law or regulation, access to client-identifying records and files without consent of the client shall be restricted to: (a) The youth who is subject of the record; (b) The parent or guardian of the youth named in the record; and (c) Members of the administrative staff of the bureau. (4) A bureau may maintain its case records in a manner that codes client-identifying information as specified in §A(2) of this regulation. (5) Individual case records shall be retained by a bureau for 5 years after services to the individual are no longer necessary. The records then shall be destroyed by incineration or shredding. (6) Nothing in this regulation shall be construed to affect any obligation concerning client record confidentiality that is otherwise set out in any federal or State statute or regulation. #### Regulation .06 Fees. *COMAR 16.17.01.06* A. The bureau's board of directors may charge bureau clients a fee for services that is based upon the client's family income. B. Before implementing its fee plan, the bureau shall consult with the Department. C. Fees obtained from clients may be retained by the bureau for bureau purposes. D. The bureau may not assess a fee for service provision to a youth referred to the bureau by court order. ### Chapter 02 — Youth Diversion Programs **Authority:** Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland **Administrative History:** Effective date: March 25, 1985 (12:6 Md. R. 597) **Administrative History:** Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04 **Administrative History:** Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02 **Administrative History:** Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 Scope. *COMAR 16.17.02.01* These regulations apply to: A. Youth diversion programs currently being funded by the Department of Juvenile Services; B. A program which seeks funding from the Department of Juvenile Services as a youth diversion program; and C. A program which is approved by the Department of Juvenile Services as a diversion program. #### Regulation .02 Purpose. *COMAR 16.17.02.02* The purpose of a youth diversion program is to: A. Provide preadjudicatory services for alleged juvenile offenders to reduce penetration into the Juvenile Services system and decrease the likelihood for further delinquent behavior; B. Provide services on a cost-free basis; C. Function as advocates of youth needs; D. Provide counseling (individual, family and group), referral and information services, crisis intervention, and informal counseling; E. Provide, in accordance with particular community needs, tutoring, alternative leisure activities, employment assistance for older youth, community education, and other specialized services at convenient hours; F. Service primarily youth from the Department of Juvenile Service' intake and the State's Attorney's Office; G. Service, in accordance with the contracted number, a formal caseload, that is, those cases requiring a written referral, intake report, service plan, and sequential case documentation. In addition, a specified counselor shall be assigned and case follow-up performed. #### Regulation .03 Eligibility for Certification. *COMAR 16.17.02.03* A youth diversion program shall be considered eligible for certification if it meets criteria outlined under Regulations .05 and .06 of this chapter to the satisfaction of the Department of Juvenile Services. #### Regulation .04 Fiscal Records. *COMAR 16.17.02.04* Youth diversion programs or the local units of government shall establish and maintain such fiscal control and fund accounting procedures as may be necessary to assure prudent use, proper disbursement, and accurate accounting of diversion funds under their control. Fiscal procedures for contractors are stated in Regulation .09 of this chapter. Diversion financial records are subject to fiscal audits by the Department of Juvenile Services. #### Regulation .05 Services Provided by Youth Diversion Programs. *COMAR 16.17.02.05* A. Diversion programs shall provide the following services regardless of budgetary limitations: (1) Individual counseling; (2) Family or group counseling, or both; (3) General and referral information services; (4) Crisis intervention. B. The services indicated in §A(1)—(4) of this regulation are equally important, and monitoring shall examine and equate the performance of all four services. C. Diversion programs should provide, within available resources, additional community-based youth services as needed in the following areas: (1) Tutoring; (2) Leisure-time activities; (3) Mobilizing community resources; (4) Drug education. #### Regulation .06 Guidelines for Youth Diversion Programs Receiving State Funds. *COMAR 16.17.02.06* A. Nature of Services Delivered. (1) Youth diversion programs shall provide services in a manner which is appealing and accessible to their community. This requires flexible hours and may entail the use of an outreach approach or satellite centers, or both. (2) Youth diversion programs are responsible for developing and maintaining community rapport. (3) Programs may not systematically deny service to any groups of youths in their communities. (4) Programs may not be required to provide services to youth who, in the best judgment of the program staff, are in need of services beyond those which the program is capable of offering. In this case, the programs shall attempt to refer the participant to an appropriate agency for service. (5) Diversion programs shall maintain a listing of community services to which participants may be referred. The listing shall include at least the name of the referral service, its address, telephone number, and eligibility requirements. (6) Youth diversion programs shall make use of existing public and private services in their communities by referral and networking with those services which are available and appropriate. Programs shall provide the participant with whatever assistance is needed to follow through with the referral. In addition, it is the program's responsibility to follow up on each formal case referred to determine whether the service was provided by the agency to which the referral was made. (7) Youth diversion programs shall provide written or verbal feedback to the worker making the referral to the program regarding the acceptance of referrals. The worker shall be periodically informed of the individual's participation in the diversion program. B. Internal Management and Operation. (1) Internal management, evaluation of staff, and other aspects of the daily operations of the diversion programs are the responsibility of the program director. (2) Youth diversion programs shall be staffed by professionals or paraprofessionals, or both. The use of volunteers to expand services and support the paid staff is recommended. (3) Youth diversion programs shall maintain case record files on each formal counseling case when the youth is seen on a regular basis. Program shall maintain physical custody of case records at all times. (4) The diversion program staff shall provide suitable protection for case record files. Information in these files is confidential. Accordingly, client-identifying data from case files will be released to individuals or agencies outside the program staff only if the participant has given his or her permission in writing, and then only when considered appropriate by the program. (5) The agency operating the youth diversion program shall have an advisory board or board of directors, or both, which is representative of youth and adult community members, agency staff, and professionals in the human services field. (6) The Department of Juvenile Services shall define the specific geographical areas which the program will serve, and the programs shall make their catchment areas known to all agencies or organizations from which the program may receive referrals. Catchment areas may not be so large as to prohibit proper coverage or so small as to ignore natural boundaries. Diversion programs shall make sure, at all times, that they are adequately serving the needs of youth in their designated catchment areas before extending their services to youth outside these areas. (7) Diversion programs shall serve, on a priority basis, those youth and their families referred by the Department of Juvenile Services or the State's Attorney's Office, or both, for the juvenile court or as specified, according to individual contracts. #### Regulation .07 Program Accountability. *COMAR 16.17.02.07* A. Monitoring. (1) The basic task involved in monitoring is to determine whether the program is providing services in compliance with the contract. The primary data collected shall be the: (a) Number of clients served annually; (b) Age, sex, race, address, offense or activity which led to referral, and prior offense history, if any, for each client served; and (c) Services which are provided to each client. (2) The tools used to monitor diversion programs are: (a) The quarterly reporting form; (b) On-site visits conducted at least once during the contract year; (c) Case reviews. (3) Irregularities indicated in the quarterly report shall be brought to the attention of the program. Additional information may be required. B. Evaluation. (1) The basic evaluative tool to be used for determining effectiveness is the comprehensive follow-up. Data on the adjudication status of a diversion program's formal caseload will be reported at the quarter of termination, and 1 and 2 years after termination. (2) The extent of adjudication among the youth intensively served will be verified by examining, when possible, records retained by the Department of Juvenile Services. Records and reports from other agencies and self-reported information from youth served may be accepted also. (3) The method used to obtain adjudication information will be identified in the evaluative report. This evaluation shall show the effect of a program on the delinquent behavior of its participants (as measured by whether they are adjudicated). Individual diversion programs may use their own staff or field work students and volunteers to produce evaluations of a more sophisticated nature. (4) Data shall be collected on all services rendered. The effectiveness of some of these services is less measurable but may be important in examining the long range impact of diversion programs on juvenile behavior. #### Regulation .08 Confidentiality of Records. *COMAR 16.17.02.08* A. The youth diversion programs shall comply with 42 CFR, Chapter 1, Subpart C, §§2.31 and 2.31-1, which is incorporated by reference. B. For purposes of monitoring, evaluation, and general accountability for the expenditure of State funds, some data will usually be in aggregate form except for those cases which are specifically referred to the programs by the Department of Juvenile Services. The Department of Juvenile Services may not require a diversion program to provide information which will identify an individual who is not already known to the Department of Juvenile Services. This identifying information will be removed or obscured in case records before their review by anyone other than diversion staff. #### Regulation .09 Fiscal Guidelines. *COMAR 16.17.02.09* A. Youth diversion programs shall adhere to fiscal guidelines as promulgated by the Department of Juvenile Services. B. The Department of Juvenile Services shall reserve the right to revise its guidelines at any time without notice. ### Chapter 03 — Purchase of Care —Services *Repealed* **Administrative History:** Effective date: **Administrative History:** Chapter recodified from COMAR 10.25.02 to COMAR 14.22.05 **Administrative History:** Chapter recodified from COMAR 14.22.05 to COMAR 16.04.03 **Administrative History:** Chapter repealed effective December 19, 1994 (21:25 Md. R. 2109) **Administrative History:** Chapter recodified from COMAR 16.04.03 to COMAR 16.17.03 effective June 18, 2007 (34:12 Md. R. 1967) ### Chapter 04 — Purchase of Care—Clinical Services *Repealed* **Administrative History:** Effective date: April 8, 1985 (12:7 Md. R. 702) **Administrative History:** Chapter recodified from COMAR 10.25.06 to COMAR 14.22.06 **Administrative History:** Chapter recodified from COMAR 14.22.06 to COMAR 16.04.04 **Administrative History:** Preface recodified as Regulation .01 Scope **Administrative History:** Regulations .01 and .02 recodified as Regulations .01 and .03, respectively **Administrative History:** Chapter repealed effective December 19, 1994 (21:25 Md. R. 2109) **Administrative History:** Chapter recodified from COMAR 16.04.04 to COMAR 16.17.04 effective June 18, 2007 (34:12 Md. R. 1967) ### Chapter 05 — Certification of Community Nonresidential Services **Authority:** Human Services Article, §§9-204 and 9-241, Annotated Code of Maryland **Administrative History:** Effective date: June 7, 1993 (20:11 Md. R. 916) **Administrative History:** Chapter recodified from COMAR 16.04.05 to COMAR 16.17.05 effective June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 Scope. *COMAR 16.17.05.01* These regulations apply to community nonresidential youth programs that receive funds from the Department of Juvenile Services and are not otherwise licensed or certified by the State. #### Regulation .02 Definitions. *COMAR 16.17.05.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means the person, agency, or corporation applying for certification as a community nonresidential youth program under these regulations. (2) “Certification” means approval by the Department to receive Department funds for operating a community nonresidential youth program in compliance with these regulations. (3) “Department” means the Department of Juvenile Services. (4) “Program” means community nonresidential services for youth provided in an organized manner. #### Regulation .03 Certification. *COMAR 16.17.05.03* A. Application. An applicant wanting to obtain or renew a certification for a community nonresidential program shall submit a completed application and other required information to the Department in accordance with these regulations and Department policy. B. Disposition of Applications. Within 30 days following receipt by the Department of a completed application, the Department shall review and evaluate for compliance with these regulations the application and other required information, inspect the program site, and either grant or deny certification of the program. C. Provisional Certification. The Department may issue a provisional certification to an applicant for a single period not to exceed 6 months. At the end of the provisional period, the Department shall grant or deny full certification. D. Denial of Certification. If the Department denies an application, the Department shall formally notify the applicant and specify the reasons for the denial. E. Duration of Certification. A certification shall be valid for 2 years from the date of issuance unless terminated, suspended, or revoked before the expiration of that term. F. Posting of Certificate. A community nonresidential youth program for youth shall post in a prominent place the certificate issued pursuant to these regulations. G. Nontransferability. A certification shall be valid only for the program for which it is issued, and may not be sold, assigned, or transferred. H. Renewal. An application for renewal of certification shall be received by the Department not less than 45 days before the expiration of the current certification. I. Return of Certificate. (1) If a program is discontinued or ceases to be operated by the entity to which the certification was issued, the certification is void and the certificate shall be returned immediately to the Department. (2) If a certification is suspended or revoked, or if an application for renewal of certification is denied, the program shall return the certificate to the Department on the date of the suspension or revocation, or in the case of nonrenewal, upon expiration of the certification. #### Regulation .04 Program Requirements for Certification. *COMAR 16.17.05.04* A. In order to meet organizational and administrative requirements, each program shall: (1) Provide a program description that defines the: (a) Population to be served, (b) Services to be provided, (c) Goals and desired outcomes for participating youth, and (d) Methods and techniques to be used in order to accomplish the desired outcomes; (2) Provide an organizational chart and a narrative describing the interrelatedness of all staff; (3) Provide job descriptions for all positions which indicate the required level of education and experience for each; (4) Maintain accounting records in accordance with generally accepted accounting principles and COMAR 16.04.02 in sufficient detail so that expenditures pertaining to the operation of the program are readily identifiable; (5) Secure insurance coverage for potential liabilities commensurate with the services provided; and (6) Establish a grievance procedure approved by the Department for youth in the program. B. In order to meet staff requirements, each program shall: (1) Provide a sufficient number of appropriately trained staff to fulfill the service design of the program; (2) Provide a personnel file for each staff member in the program which includes the following documentation: (a) Identifying information, (b) Verification of criminal background checks, (c) Verification that educational and experiential requirements for the position were met, (d) Indication of reference checks, (e) Verification of an initial and subsequent annual physical examination, including a TB test, which indicates that the employee is in good physical health, (f) Record of orientation and training, (g) Verification of a driver's license and insurance, when applicable, (h) Annual evaluation, and (i) Employee termination summary; and (3) Provide a plan for the use of volunteers, including student interns, which addresses: (a) Selection, (b) Orientation, (c) Supervision, and (d) Criminal background checks, when applicable. C. In order to meet service delivery requirements, each program shall: (1) Provide intake procedures; (2) Provide orientation to all youth entering the program and, as appropriate, the youths' families; (3) Provide a termination procedure for youth; (4) Develop a service or treatment plan for each youth in the program which includes: (a) Involvement of the youth, the youth's family and, when appropriate, the Department in the planning process, (b) Individual goals, (c) Expected time to accomplish the goals, (d) Assigned responsibilities for accomplishing the goals, (e) Outcome measures, and (f) Regular review of the plan; (5) Maintain for each youth a record which is kept in a secure and confidential manner with limited access and is kept current, complete, and accurate; (6) Maintain sufficient record keeping to document all activities performed by the program; (7) Ensure provision of a program designed to meet the social, emotional, and physical needs of the youth; and (8) Ensure that children of mandatory school attendance age who have not earned a secondary school diploma or certificate of completion and children who are eligible for special education services are provided with an educational program through the local educational agency or at the program, if the program's school holds a certificate of approval issued by the State Board of Education to operate a nonpublic education program. D. The program site shall meet applicable health and fire safety requirements and be appropriate and conducive to the activities and services to be conducted there. E. In order to meet the reporting requirements, each program shall: (1) Adhere to the requirement for reporting all cases of suspected child abuse or neglect; (2) Follow the Department's policy for reporting critical and emergency incidents involving staff or youth in the program; (3) Report to the Department client demographic information regarding service delivery and the number of youth served as required by the Department; and (4) Notify the Department of any condition or circumstance that may affect the program's compliance with these regulations. #### Regulation .05 Program Monitoring. *COMAR 16.17.05.05* A. Each program certified under these regulations shall be monitored by the Department to determine compliance with these regulations. B. The program shall allow the Department to: (1) Meet with staff and clients; (2) Observe program activities; (3) Review: (a) Fiscal information and expenditure of State funds, (b) Personnel records, (c) Case records, and (d) Administrative records and policies; and (4) Verify reports submitted by the program to the Department. C. Monitoring shall be conducted by the Department regularly through announced or unannounced visits. D. Monitoring Reports. (1) The Department shall issue reports based on the monitoring of the program. (2) If the Department determines that a program is not in compliance with these regulations, the Department shall issue a report that describes the areas of noncompliance. (3) Within 15 days of receipt of the report, the program shall: (a) File with the Department a plan of corrective action which addresses the concerns raised by the report and provides a timetable for compliance; or (b) File with the Secretary or with the Secretary's designee a protest of the report providing a detailed explanation of why the report of noncompliance is unsubstantiated. #### Regulation .06 Suspension and Revocation. *COMAR 16.17.05.06* A. The Department may suspend for up to 6 months or revoke permanently a program's certification for failure to comply with these regulations. B. The Department shall give a program at least 15 days written notice before suspending or revoking the program's certification. C. A program whose certification is suspended or revoked by the Department may appeal as provided by the Administrative Procedure Act of the State Government Article.