These regulations apply to all youth services bureaus funded by the State. In this chapter, the following terms have the meanings indicated. Terms Defined. “Core services” means only the following: Individual, family, and group counseling; Referral and information services; Crisis intervention including activities relating to youth suicide prevention; Substance abuse assessment and referral services; and Informal counseling. “Department” means the Department of Juvenile Services. “Substance abuse” means alcohol and drug abuse. “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. General Services. Each bureau shall: Provide all core services and, in accordance with particular community needs, other services; Serve a specific catchment area, in which the bureau shall be located and which may be realigned with approval from the Department; Provide services at convenient hours in a manner which is accessible to the community; Promote community awareness of the bureau's services; and Make use of existing public and private services in their communities by making referrals to those services which are available and appropriate. Core Services. Formal Counseling. 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. Case files for each formal counseling case shall contain: Intake material; Progress and session notes; Service plan; and Termination summary. Service plans shall be developed for each formal counseling case before the fourth counseling session and shall contain: A problem statement; Mutually agreed upon treatment goals; Strategies used by the counselor to meet treatment goals; Interactions with other parties when necessary to meet treatment goals; and Quarterly updates. Information and Referral Services. Information and referral services shall be provided to the general public or individual clients of the bureau. 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. The bureau shall document its provision of information and referral services. Crisis Intervention. 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. The type and number of crisis intervention incidents shall be documented. Substance Abuse Assessment and Referral. 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. The bureau shall document the number of substance abuse assessments and referrals the bureau provides. Informal Counseling. Individual, family, and group counseling shall be considered informal counseling if the counseling is provided on an irregular basis for three or fewer sessions. The bureau shall document informal counseling occurrences. 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. 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. Bureau Requirements. Each bureau shall: Have a valid organizational structure, including a board of directors or an advisory board; Follow sound personnel practices and maintain complete personnel files that include for each bureau staff member: A job description, A completed criminal background check, Evidence of the staff person's educational credentials and experience, and Annual staff evaluations; Provide insurance coverage, as appropriate for the services provided; 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; 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; Conduct criminal background checks for all employees and, as required by Department policy, volunteers; Comply with the Department policy on reporting critical incident reports; and Submit to the Department an annual budget at the time the Department specifies. Monitoring Generally. The Department may monitor the bureau by: Conducting scheduled and unscheduled site visits; Attending bureau board of directors or advisory board meetings; Inspecting bureau fiscal, client case, and staff and volunteer files; Reviewing bureau policies and procedures; or Meeting with and interviewing bureau staff, volunteers, and clients. Compliance and Effectiveness Reports. The Department shall issue reports which: Determine the bureau's compliance or noncompliance with the bureau requirements; and Evaluate annually the bureau's effectiveness. The Department shall provide the bureau with a copy of the compliance and effectiveness reports. 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: File with the Department a plan of corrective action which addresses the concerns raised by the report and provides a timetable for compliance; or 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. 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. 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. Information Reporting to the Department. 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. 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. The bureau shall obtain an appropriate release of information to comply with §A(1) and (2) of this regulation. 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. Confidentiality of Records. 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. A bureau shall allow the Department full access to client-identifying records and files of those youth described in §A(1) of this regulation. Unless otherwise provided by law or regulation, access to client-identifying records and files without consent of the client shall be restricted to: The youth who is subject of the record; The parent or guardian of the youth named in the record; and Members of the administrative staff of the bureau. A bureau may maintain its case records in a manner that codes client-identifying information as specified in §A(2) of this regulation. 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. 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. The bureau's board of directors may charge bureau clients a fee for services that is based upon the client's family income. Before implementing its fee plan, the bureau shall consult with the Department. Fees obtained from clients may be retained by the bureau for bureau purposes. The bureau may not assess a fee for service provision to a youth referred to the bureau by court order. Human Services Article, §9-233, Annotated Code of Maryland Effective date: August 17, 1977 (4:17 Md. R. 1299) Chapter recodified from COMAR 10.25.02 to COMAR 14.22.02 Chapter recodified from COMAR 14.22.02 to COMAR 16.04.01 Preface codified as Regulation .01 Scope and Title VI Compliance codified as Regulation .02 Regulations .01—.11 recodified as .03—.13, respectively Regulations .01—.13 repealed and new Regulations .01—.06 adopted effective December 6, 1993 (20:24 Md. R. 1865) Chapter recodified from COMAR 16.04.01 to COMAR 16.17.01 effective June 18, 2007 (34:12 Md. R 1067)