# COMAR Title 16 — Department of Juvenile Services ## Subtitle 18 — State Operated Residential Facilities ### Chapter 01 — Child Advocacy Grievance Procedure **Authority:** Article 83C, §2-118, Annotated Code of Maryland **Administrative History:** Effective date: November 4, 1985 (12:22 Md. R. 2105) **Administrative History:** Chapter recodified from COMAR 10.25.07 to COMAR 14.22.07 **Administrative History:** Regulations .01—.10 repealed and new Regulations .01—.05 adopted effective January 23, 1989 (16:1 Md. R. 71) **Administrative History:** Chapter recodified from COMAR 14.22.07 to COMAR 16.05.01 **Administrative History:** Chapter recodified from COMAR 16.05.01 to COMAR 16.18.01 effective June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 Definitions. *COMAR 16.18.01.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Child advocate” means an individual who works on behalf of children under Department of Juvenile Services' jurisdiction to see that their needs are met and their rights upheld through the operations of the agency. (2) “Grievance” means a complaint due to a circumstance or action considered to be unjust. (3) “Secretary” means the Secretary of Juvenile Services or the Secretary's designee. (4) “Superintendent” means the chief administrative officer of an institution or a youth center. #### Regulation .02 Role of Facility Staff. *COMAR 16.18.01.02* A. Every employee at the facility shall have the responsibility to assist any child who expresses a desire to initiate a grievance. B. An employee may not retaliate against children who have filed a grievance. #### Regulation .03 Role of the Child Advoctate. *COMAR 16.18.01.03* A. The child advocate shall assist any child who expresses a desire to initiate a grievance. B. Once a child advocate has been contacted concerning a grievance, the child advocate shall assist the child until the problem has been resolved, even if the child has been transferred or released. C. The Secretary shall appoint a substitute child advocate when the grievance is filed against the child advocate. #### Regulation .04 Grievance Procedures. *COMAR 16.18.01.04* A. Initiation of Grievance. (1) A child may initiate a grievance by contacting the child advocate, or requesting that a staff member contact the child advocate. (2) The child shall initiate the grievance procedure within 5 working days of the action or incident, unless the child can satisfactorily demonstrate to the child advocate that a time extension is necessary. B. Response to Grievance. (1) Meet with the Child. The child advocate shall respond to the grievance by meeting with the child as soon as possible to obtain the facts and attempt a prompt solution. (2) Grievance Against the Superintendent. If the child's grievance is against the superintendent, the Secretary, after having been notified by the child advocate, shall contact the parties involved in the grievance as soon as possible and attempt to resolve the grievance. (3) Investigate and Mediate. Except as noted in §B(2) of this regulation, the child advocate shall contact all parties involved in the grievance as soon as possible and attempt to resolve the grievance. (4) Confer with All Parties. (a) If the grievance is not resolved, the Secretary or superintendent shall confer with all parties involved. (b) After hearing all parties, the Secretary or superintendent shall give a written decision. (5) Appeal to the Secretary. (a) If the child is not satisfied with the decision of the superintendent, an appeal may be filed with the child advocate. (b) After receiving an appeal from the child, the child advocate shall submit the case, in writing, to the Secretary. (c) The appeal shall consist of a review of all documents submitted. The Secretary may request additional information from anyone involved in the grievance. (d) The Secretary shall file a written decision on the appeal which shall be final and binding on all parties to the grievance. #### Regulation .05 Regulation Limitations. *COMAR 16.18.01.05* The grievance procedures may not: A. Offer an administrative hearing; B. Be governed by the contested case provisions of State Government Article, Annotated Code of Maryland; and C. Include decisions made through the Department of Juvenile Services Disciplinary Appeals Process. ### Chapter 02 — Limits on Use of Restraints and Seclusion; Prohibition of Abuse **Authority:** Human Services Article, §§9-226—9-229, Annotated Code of Maryland **Administrative History:** Effective date: June 22, 1992 (19:12 Md. R. 1136) **Administrative History:** Chapter recodified from COMAR 16.05.02 to COMAR 16.18.02 effective June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 Definitions. *COMAR 16.18.02.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Abuse. (a) “Abuse” means: (i) The physical injury of a youth by any employee under circumstances that indicate the youth's health or welfare is significantly harmed or at risk of being significantly harmed; or (ii) Sexual abuse of a youth, whether or not physical injuries are sustained. (b) “Abuse” does not include providing a youth with nonmedical religious remedial care and treatment recognized by State law. (2) “Department” means the Department of Juvenile Services. (3) “Duty officer” means the individual designated by the superintendent to make decisions during the superintendent's absence or when the superintendent is unavailable. (4) “Employee” means any Department employee or any volunteer providing direct or indirect services to a youth in a facility. (5) “Facility” means a residential program operated and managed by the Department. (6) “Locked door seclusion” means the placement of a youth in a locked individual room, separate from the youth's room, where a youth is kept for a period of time. (7) “Restraint” means a mechanical device or a chemical agent which, when used, limits movement of a youth's body or temporarily disables the youth. (8) “Sexual abuse” means any act that involves sexual molestation or exploitation of a youth by an employee and includes incest, rape, or a sexual offense in any degree, sodomy, and unnatural or perverted sexual practices. (9) “Superintendent” means the individual who manages a facility. (10) “Youth” means any individual under care in a facility. #### Regulation .02 Prohibition of Abuse. *COMAR 16.18.02.02* Acts of abuse at a facility are prohibited. #### Regulation .03 Use of Locked Door Seclusion. *COMAR 16.18.02.03* A. A facility employee may not place a youth in locked door seclusion as punishment. B. A facility employee may place a youth in locked door seclusion only: (1) When it is clearly necessary to protect the youth or other individuals or to prevent escape; and (2) After less restrictive methods have been tried or cannot reasonably be tried. C. Time Limitations. (1) A youth may not remain in locked door seclusion more than 24 hours without the review and approval of the superintendent or the duty officer, who shall provide a written explanation for the decision. If one of these administrators was involved in the incident, the other one makes the determination. (2) After the decision has been made to keep a youth in locked door seclusion for more than 24 hours, the youth shall be seen by the superintendent or the duty officer at least once during each 12-hour period. (3) The maximum stay in seclusion as a result of a single incident may not exceed 72 hours, unless a declared written emergency is issued by the superintendent. D. Release. A youth shall be released from locked door seclusion when the youth no longer fits the criteria for placement in locked door seclusion. #### Regulation .04 Use of Restraints. *COMAR 16.18.02.04* A. A facility employee may not apply any restraint to a youth as punishment. B. A facility employee may apply restraints to a youth only for: (1) The protection of the youth or other individuals; (2) Secure transportation; or (3) The prevention of escape. #### Regulation .05 Facility Policy. *COMAR 16.18.02.05* A. Use by an employee of locked door seclusion or restraint is governed by the policy applicable to the facility. B. A facility's policy shall address a youth's right to: (1) A hearing before an impartial hearing officer; (2) Advance written notice of the: (a) Date, time, and location of the hearing, and (b) Availability and name of a child advocate; (3) Be heard and present witnesses; (4) Confront adverse witnesses; (5) Appeal the decision; and (6) Expungement of the records from the youth's file if the youth prevails at the hearing. C. A facility's policy, based upon the facility's physical structure and personnel, shall describe: (1) The permissible locations for locked door seclusion; (2) The supervision that shall be provided when locked door seclusion or restraints are used; (3) The services or treatment considered appropriate as a result of a youth's conduct; and (4) A process for releasing a youth from locked door seclusion or restraints.