# COMAR Title 16 — Department of Juvenile Services

## Subtitle 17 — Community Nonresidential Services

### 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.