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07.02.11.00.htm 07.02.11.00. Title 07 DEPARTMENT OF HUMAN SERVICES Subtitle 02 SOCIAL SERVICES ADMINISTRATION Chapter 11 Out-of-Home Placement Program Authority: Courts and Judicial Proceedings Article, §3-801, 3-802, 3-815, 3-816.1, 3-817, 3-819.1, 3-819.2, 3-820, and 3-823; Education Article, §7-101(b) and 15-106.1; Family Law Article, §5-501, 5-504, 5-524―5-534, 5-701, and 5-709; Human Services Article, §9-101 et seq. Annotated Code of Maryland (Agency Note: Federal Regulatory Reference: 42 U.S.C
07.02.11.01.htm 07.02.11.01. 01 Purpose of Out-of-Home Placement Program.. The purpose of the Out-of-Home Placement Program of the Social Services Administration is to:. A. Provide short-term 24-hour a day care and supportive services for a child who is in the custody or guardianship of a local department of social services or who is voluntarily placed outside the family home because the child:1) Has been abused, abandoned, neglected, is dependent, or has a developmental disability or mental disorder;
07.02.11.02.htm 07.02.11.02. 02 Goals of Out-of-Home Placement.. The goals of out-of-home placement include:. A. Increasing the percentage of children who are reunified with family, whose caretaker is awarded guardianship, or who are legally adopted;B. Improving outcomes for children by reducing the:. 1) Entry rate of children into out-of-home placement;. 2) Median length of time children stay in out-of-home placement;. 3) Rate at which children re-enter out-of-home placement; and. 4) Number of physical pla
07.02.11.03.htm 07.02.11.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Abandonment" means to leave a child without any provision for support and without any person who has accepted long-term responsibility to maintain care and have custody and control of the child when:a) The whereabouts of the parents or guardian are unknown; and. b) The local department has made reasonable efforts to locate the parent or guardian over a period o
07.02.11.04.htm 07.02.11.04. 04 Eligibility.. A. A local department shall initiate out-of-home placement for a child who:. 1) Is placed voluntarily in the custody or in the care of the local department, under a written agreement in accordance with Regulation .06 of this chapter;2) Is abused, abandoned, or neglected, has a developmental disability or a mental disorder, or is in imminent danger, or in serious immediate danger, so long as a court has:
07.02.11.05.htm 07.02.11.05. 05 Local Department Responsibility for Out-of-Home Placement.. A. A child is considered to enter out-of-home placement and the placement episode begins when the local department:1) Removes the child from the home of the parents, legal guardian, or caregiver;. 2) Acquires legal responsibility for the care and placement of the child through a:. a) Court order, including a shelter care order; or. b) Written voluntary placement agreement pursuant to Regulation .06 of this chapter; and.
07.02.11.06.htm 07.02.11.06. 06 Voluntary Placement.. A. Time-Limited Voluntary Placement.. 1) If a parent or legal guardian is temporarily unable to care for a child because the parent or legal guardian is, or soon will be, hospitalized, incarcerated, or otherwise unable to parent the child, the local department may acquire responsibility for temporary care of the child by accepting a voluntary placement of the child by the parent or legal guardian, under a binding written agreement bet
07.02.11.07.htm 07.02.11.07. 07 Parental Rights and Responsibilities.. A. When there is a conflict between the rights of the parents or legal guardian and those of the child, the child's best interest shall take precedence.B. After a court has terminated parental rights, the parents no longer have rights as enumerated in this regulation.C. Consistent with the best interest of the child, the parents or legal guardian of a child in out-of-home placement may:1) Upon request, obtain for the child an out-of-ho
07.02.11.08.htm 07.02.11.08. 08 Medical Care.. A. The local department shall encourage the parents or legal guardian to participate to the extent of the parents' or legal guardian's capability and availability in plans for the medical care of any child committed to or in voluntary placement with the local department.B. When the local department holds guardianship with the right to consent to adoption, the local department has the authority to give whatever consent is needed for medical care.
07.02.11.09.htm 07.02.11.09. 09 Shelter Care.. A. In the case of serious, immediate danger to the child, the local department shall:. 1) Remove the child; and. 2) Immediately request authorization from the court or intake officer for shelter care until the next court date when a shelter care hearing is held.B. Before the shelter care hearing, the local department shall attempt to locate the parents, guardian, custodian, or relatives and provide reasonable notice, oral or written, stating the time, place,
07.02.11.10.htm 07.02.11.10. 10 Efforts to Prevent Out-of-Home Placement.. A. Before accepting a time-limited or children with disabilities voluntary placement or seeking shelter care, the local department shall document in the case record reasonable efforts that have been made but have been unsuccessful in preventing or eliminating the need for removal of the child from the home, unless an emergency situation causes removal to be reasonable under the circumstances to provide for the safety of the child.
07.02.11.11.htm 07.02.11.11. 11 Out-of-Home Placement.. A. In order of preference, a child shall be placed with a relative caregiver, in a foster home, or in a group care setting.B. A foster home used by the local department shall meet the standards for foster homes established under COMAR 07.02.25 and, except as outlined in Regulation .28 of this chapter, shall be located within the State.C. A child shall be placed in the least restrictive setting appropriate to the child's needs and:.
07.02.11.12.htm 07.02.11.12. 12 Education for the Child in Out-of-Home Placement.. A. The local department shall ensure that, within 5 school days of being placed in out-of-home placement, a child of school age is attending school, unless this is unattainable for reasons outside the control of the local department.B. School Stability.. 1) With respect to a child who is the custody of, committed to, or otherwise placed by the local department of social services in out-of-home placement, the local department s
07.02.11.13.htm 07.02.11.13. 13 Case Planning for Permanency.. A. Within 60 days after removal, the local department, together with the child's parent or legal guardian, shall develop a written case plan for each child in out-of-home placement. The case plan shall include concurrent permanency plans, except as provided in §B of this regulation, and shall:1) Describe the circumstances that make placement necessary;.
07.02.11.14.htm 07.02.11.14. 14 Provision of Reunification Services.. A. To the extent that funds and other resources are available, a range of services that will facilitate or maintain successful reunification of the child shall be:1) Provided by the local department;. 2) Made available by the local department through referral to another appropriate agency; or. 3) Upon written approval by the director or the director's designee, purchased by the local department.B. The types of services
07.02.11.15.htm 07.02.11.15. 15 Service Agreements.. A. As appropriate to each case, the local department shall develop a written service agreement:. 1) With the child's parents or legal guardian, within 60 days of removal if the plan is to return the child to the parents or legal guardian;2) With the parents or legal guardian within 30 days before the planned reunification; and. 3) For the child 16 years old and older, with the child, the parents or legal guardian, and, where appropriate, the foster pa
07.02.11.16.htm 07.02.11.16. 16 Decision to Make the Permanency Plan Other than Reunification.. A. In addition to engaging in the analysis set for in §C of this regulation and giving primary consideration to the health and safety of the child, the local department shall give serious consideration to implementing the permanency plan other than reunification if any of the following circumstances exists:1) The parent or guardian has subjected the child to any of the following aggravated circumstances:.
07.02.11.16-1.htm 07.02.11.16-1. 16-1 Guardianship Notice Requirements.. A. Notice to Birth Parent of Petition for Guardianship.. 1) When a local department decides to petition the court for guardianship, the local department shall advise both birth parents, regardless of marital status, of that decision and that unless waived, they shall receive the types of notices described in this section, whether or not they are consenting to the court action.2) The local department shall notify a birth paren
07.02.11.17.htm 07.02.11.17. 17 Visitation with the Child in Out-of-Home Placement.. A. The local department caseworker shall have regular visits with the child in out-of-home placement, as required in this regulation. However, the visits shall be more frequent than as indicated in this regulation when, in the caseworker's professional judgment, it is appropriate to do so.B. For a child placed in a resource family home, group care a residential treatment facility, or a semi-independent living ar
07.02.11.18.htm 07.02.11.18. 18 Procedures in Response to Runaway Children or a Child Abduction.. A. When the local department is informed that a out-of-home placement child is missing, abducted, or has not returned home at a prearranged time, the local department caseworker shall:1) Notify the:. a) Local law enforcement and obtain a complaint number;. b) Parents or legal guardian and their attorney unless guardianship is granted to the local department;c) CINA attorney for the child; and.
07.02.11.19.htm 07.02.11.19. 19 Periodic Reviews.. A. General.. 1) A periodic review of a child's status shall be held not less frequently than once every 6 months by the juvenile court, and, if not reviewed by the court, may be reviewed according to §A(2) of this regulation.2) The review shall be conducted by the court, an administrative panel, or the Citizens' Review Board for Children (CRBC) as described in COMAR 07.01.06.3) At least one local board of the CRBC exists in every county and Baltimor
07.02.11.20.htm 07.02.11.20. 20 Permanency Planning Hearings.. A. The court determines the permanency plan for a child based upon the recommendations of the local department and the other parties at the permanency planning hearing consistent with the hierarchy of permanency plans described in Regulation .13 of this chapter.B. At least 10 days before the permanency planning hearing, the local department shall:. 1) Perform the tasks listed in Regulation .19D and E of this chapter;.
07.02.11.21.htm 07.02.11.21. 21 Voluntary Placement Hearings.. A. Children with Disabilities Voluntary Placements.. 1) A local department may not seek legal custody of a child under a voluntary placement agreement if:a) The child has a developmental disability or a mental illness; and. b) The purpose of the voluntary placement agreement is to obtain treatment or care related to the child's disability that the parent is unable to provide.2) If a child needs to remain in out-of-home placement over 180 calendar da
07.02.11.22.htm 07.02.11.22. 22 Case Record Documentation.. A. The local department shall establish and maintain a case record for every child in out-of-home placement containing all of the documents required by this chapter. The record shall also include the following:1) All of the forms that are required by the State and federal government for statistical accounting;2) A signed, file-dated copy of any petitions filed with the court;.
07.02.11.23.htm 07.02.11.23. 23 Procedures to be Followed when Abuse or Neglect is Suspected in an Out-of-Home Foster Care Placement.A. Initial Action.. 1) The public or private child placement agency employee who receives a report, or makes a personal observation, of suspected abuse or neglect in an out-of-home foster care placement shall immediately:a) Notify the following unit and staff of the local department in the jurisdiction in which the incident occurred:i) Child welfare screening unit;.
07.02.11.24.htm 07.02.11.24. 24 Return of Child to the Parents or Legal Guardian.. A. The decision by the local department to return a foster child to the care of the parents or legal guardian shall be made with the parent or legal guardian's participation after an assessment of their ability to safely care for the child and a thorough evaluation of the parent's or legal guardian's living situation and capacity to safely resume parental responsibilities.B. The local department shall inform the court whe
07.02.11.25.htm 07.02.11.25. 25 Aftercare Services.. A. The local department shall provide aftercare services to the child and the aftercare placement family:1) For an initial period of up to 3 months, which may be extended an additional 3 months for a total of 6 months; and2) Beyond the 6 months based upon a compelling reason for extending the services:. a) At 1 month intervals with the written approval of the local director; or. b) For a specified time period as ordered by the court..
07.02.11.26.htm 07.02.11.26. 26 Placement of Child with a Relative.. A. The local department shall give priority to the child's relatives over nonrelatives when determining permanency plans and placement.B. The decision by the local department to place a child with relatives shall be made:. 1) With the participation of the relatives;. 2) After completing a home study to include:. a) A physical description of the relative's living situation and family history;. b) Services needed by the child; and.
07.02.11.27.htm 07.02.11.27. 27 Custody and Guardianship.. A. Before custody and guardianship is granted to a relative or nonrelative of a child not committed to the local department, the local department shall:1) Determine if departmental funds are available to support and maintain the child;. 2) Assess all factors necessary to determine the best interests of the child; and. 3) Pursuant to an order from the court, prepare a report on the suitability of the individual to be the guardian of the child
07.02.11.28.htm 07.02.11.28. 28 Out-of-State Placement.. A. Interstate Compact.. 1) All placements of children for out-of-home placement or as a preliminary to possible adoption in Maryland from another state shall comply with the requirements of the Interstate Compact for the Placement of Children (Compact) Family Law Article, Title 5, Subtitle 6, Annotated Code of Maryland.2) The placement of Maryland children into states which are members of the Compact shall also comply with the Compact requirements.
07.02.11.29.htm 07.02.11.29. 29 Child Support and Other Resources for Reimbursement Towards Cost of Care.. A. All of the child's resources, including parental support, the child's own benefits, insurance, cash assets, trust accounts, and, for the child who is preparing for independent living, the child's earnings, are considered, as established in the service agreement, in determining the amount available for reimbursement of the cost of care.B. In calculating the cost of care, the local depa
07.02.11.30.htm 07.02.11.30. 30 Title IV-E Eligibility and Reimbursability. (Agency Note: Federal Regulatory Reference ― 45 CFR 1355 and 1356)A. Under the Social Security Act, Title IV, Part E, the federal government provides funds to states for maintaining certain children in out-of-home placement or in adoptive families.B. Definitions.. 1) In this regulation, the following terms have the meanings indicated.. 2) Terms Defined.. a) "Aid to Families with Dependent Children (AFDC) means the Income Mainten
07.02.11.31.htm 07.02.11.31. 31 State Standard Rates for Out-of-Home Placement under the Direct Supervision of a Local Department.A. Board Rates and Clothing Allowance.. 1) Board rates and monthly clothing allowances are set forth in Schedules A and B of Regulation .39 of this chapter.2) The board rate is effective for the full month in which the child reaches the lower age specified for each group.3) The board rate is based on the cost of maintenance expenses for the child..
07.02.11.32.htm 07.02.11.32. 32 State Standard Rates for Purchased Out-of-Home Placement Services.. A. Purchased Foster Care.. 1) The purchased family foster care rate is for the care of a child who requires extra supervision and attention in a home equipped to give this special care. This type of purchase may be used to prevent placement of a child in a group care facility, or to enable his discharge from a group care facility.2) Rates for the purchase of care from licensed child placement agencies ar
07.02.11.33.htm 07.02.11.33. 33 Public Treatment Foster Care (PTFC) Placements.. A. The goals of the PTFC program, in addition to the goals of out-of-home placement as stated in Regulation .02 of this chapter, are to provide, in a family setting, intensive services to a child with a serious emotional, behavioral, medical, or psychological condition.B. PTFC Child Eligibility Requirements.. 1) To be eligible for PTFC, the child shall:. a) Qualify for foster care under Regulation .04 of this chapter;.
07.02.11.34.htm 07.02.11.34. 34 Payment to the Out-of-Home Placement Provider.. A. Amount Paid to the Provider.. 1) The amount paid to the provider for care of the child is the amount determined by the standards established in Regulation .39 of this chapter, less any amount the child, who is planning for independent living, pays directly to the foster home from the child's own earnings as established in the service agreement.2) Except for the child's own earnings, all resources shall be paid directl
07.02.11.35.htm 07.02.11.35. 35 Correction of Payment Irregularities to the Out-of-Home Placement Provider.. A. Within 30 days of the knowledge of payment irregularity, the local department shall commence overpayment procedures.B. Overpayment Procedures.. 1) To correct an overpayment, the local department shall:. a) Determine the correct payment amount and take action to correct the continuing payment;. b) Calculate the total amount of the overpayment; and. c) Notify the provider in writing of the suspected
07.02.11.36.htm 07.02.11.36. 36 Local Supplements.. A. A local department may establish a supplement to the State standard to be used to meet special needs, provided that the:1) Supplement is met by local funds and is included in the fiscal agreement between the Department of Human Services and the local government;2) Supplement is applied uniformly to homes located within the local department's jurisdiction and to specific homes located in the jurisdictions of other local departments, w
07.02.11.37.htm 07.02.11.37. 37 Liability Insurance and Reimbursement for Loss to Foster Parents.. A. Insurance.. 1) The Department shall, under certain conditions, provide liability insurance premiums from State funds, for foster parents who care for children under the direct supervision of the local departments or under the direct supervision of licensed private child placement agencies. The insurance shall cover:a) Bodily injury and property damage that a foster child causes to an indiv
07.02.11.38.htm 07.02.11.38. 38 Fair Hearing.. A. At the time of placement, the local department shall give to each parent or legal guardian of a child in out-of-home placement written and verbal notification of the right and methods of requesting and obtaining a fair hearing.B. The local department shall notify the parents or legal guardian of its intent to take any action which will deny, reduce, suspend, or terminate visits with the child, reunification services, or aftercare services, and of t
07.02.11.39.htm 07.02.11.39. 39 Schedules.. Schedule A. Family Foster Care Rates. Type of Care. Monthly Board. Per Diem. Monthly Clothing Allowance. Total. Regular Care:. Infant through Age 11. 775. 27.45. 60. 835. Age 12 and older. 27.94. 75. 850. Intermediate Care. 890. 31.23. 950. 31.72. 965. Respite. 30. Treatment Foster Care (Specialized Care). 50. Emergency Care:. Retainer Fee for Emergency Foster Home Shelter Care. 100. Schedule B. Initial Clothing Maximum Allowances. Initial one-time only clo
07.02.11.9999.htm 07.02.11.9999. Administrative History Effective date: February 1, 1973. Regulation .05, .06 amended effective January 8, 1975 (2:1 Md. R. 14). Regulation .05D, .09 effective January 1, 1976 (3:13 Md. R. 718) as emergency; amended effective October 27, 1976 (3:22 Md. R. 1249)Regulation .05F amended effective June 8, 1977 (4:12 Md. R. 946). Regulation .07B amended effective January 5, 1977 (4:1 Md. R. 15). Regulation .09 effective July 1, 1976 (3:18 Md. R. 980) as emergency; amend
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