These regulations apply to: Youth diversion programs currently being funded by the Department of Juvenile Services; A program which seeks funding from the Department of Juvenile Services as a youth diversion program; and A program which is approved by the Department of Juvenile Services as a diversion program. The purpose of a youth diversion program is to: Provide preadjudicatory services for alleged juvenile offenders to reduce penetration into the Juvenile Services system and decrease the likelihood for further delinquent behavior; Provide services on a cost-free basis; Function as advocates of youth needs; Provide counseling (individual, family and group), referral and information services, crisis intervention, and informal counseling; 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; Service primarily youth from the Department of Juvenile Service' intake and the State's Attorney's Office; 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. 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. 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. Diversion programs shall provide the following services regardless of budgetary limitations: Individual counseling; Family or group counseling, or both; General and referral information services; Crisis intervention. 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. Diversion programs should provide, within available resources, additional community-based youth services as needed in the following areas: Tutoring; Leisure-time activities; Mobilizing community resources; Drug education. Nature of Services Delivered. 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. Youth diversion programs are responsible for developing and maintaining community rapport. Programs may not systematically deny service to any groups of youths in their communities. 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. 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. 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. 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. Internal Management and Operation. Internal management, evaluation of staff, and other aspects of the daily operations of the diversion programs are the responsibility of the program director. 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. 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. 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. 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. 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. 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. Monitoring. 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: Number of clients served annually; Age, sex, race, address, offense or activity which led to referral, and prior offense history, if any, for each client served; and Services which are provided to each client. The tools used to monitor diversion programs are: The quarterly reporting form; On-site visits conducted at least once during the contract year; Case reviews. Irregularities indicated in the quarterly report shall be brought to the attention of the program. Additional information may be required. Evaluation. 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. 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. 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. 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. The youth diversion programs shall comply with 42 CFR, Chapter 1, Subpart C, §§2.31 and 2.31-1, which is incorporated by reference. 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. Youth diversion programs shall adhere to fiscal guidelines as promulgated by the Department of Juvenile Services. The Department of Juvenile Services shall reserve the right to revise its guidelines at any time without notice. Human Services Article, §§9-216 and 9-241, Annotated Code of Maryland Effective date: March 25, 1985 (12:6 Md. R. 597) Chapter recodified from COMAR 10.25.04 to COMAR 14.22.04 Chapter recodified from COMAR 14.22.04 to COMAR 16.04.02 Chapter recodified from COMAR 16.04.02 to COMAR 16.17.02 effective June 18, 2007 (34:12 Md. R. 1067)